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Home My WebLink About00-0725 00-0725.txt No. 15 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO JULY 25, 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 00-0725.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, JULY 25, 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 , Williams -13 ABSENT - 0 On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on July 11, 2000 were approved. FROM THE MAYOR FROM THE MAYOR NO. 1 APPOINTMENT COMMISSIONER OF HUMAN RESOURCES Dear Honorable Councilmembers: Pursuant to Article 11, Section 11-2 of the Charter of the City of Buffalo, I hereby nominated Kathleen OHara, 348 Parker Avenue, Buffalo, New York 14216 to the position of Page 2 00-0725.txt Commissioner of Human Resources, at a salary of $70,820.00 In compliance with the new Charter, I convened a Search Committee consisting of Sharon Randaccio, Janes Forton, Brenda McDuffie and Edward Mahoney. In addition, I asked Len Lenihan, the Erie County Commissioner of Personnel Services, to act as advisor and consultant to the committee because of his experience as a Personnel Director. The Committee conducted the search process by advertising for the new position, reviewing the resumes of more than twenty(20) individuals, interviewing ten (10) of those applicants, and recommending a group of four (4) candidates to me. Ms. OHara was one of the four candidates submitted to me by the Search Committee. Kathleen O'Hara, a former Assistant Corporation Counsel, is currently serving as the Director of Labor Relations and possesses impressive credentials dealing with labor issues, personnel practices, collective bargaining, and other employment matters. Additionally, Ms. O'Hara's experience includes an extensive background in both private sector and public sector employee relations. I certify that Ms. O'Hara satisfies the requirements of the Charter and urge your expeditious confirmation. REFFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPERATION COUNSEL, DIVISION OF COLLECTIONS AND THE C0MPTROLLER NO. 2 REAPPT MEMBERS EMERGENCY MEDICAL SERVICES BD Dear Honorable Members: Pursuant to Chapter 72, Section 6,of Part Il of the Code of the City of Buffalo, I hereby reappoint Casimier T. Czamara, 941 Amherst Street, Buffalo, NY 14207 to the Emergency Medical Services Board for a three year term that expires June 1, 2003. Mr. Czamara will continue to serve as Chair of this Board. In addition, I am appointing James P. Keane, 151 Whitfield, Buffalo, NY 14220 to fill the unexpired term of David J. D'Arata who has resigned from the EMS Board. The term expires June 30, 2002. Mr. Keane is the former Erie County Deputy County Executive, former Eric County Commissioner of Emergency Services, former South District Councilmember, and former City of Buffalo Firefighter. He has provided many years of public service to this community and is well-qualified to serve on the EMS Board. RECEIVED AND FILED NO. 3 APPT MEMBER BUFFALO MUNICIPAL WATER FINANCE AUTHORITY BOARD Dear Honorable Members: Pursuant to Section 1048 - C of the New York State Public Authorities Law, I hereby appoint Thomas Keenan, 34 Lancaster Avenue, Buffalo, NY 14222 to the Buffalo Municipal Water Finance Authority Board. Mr. Keenan shall serve a two-year term commencing upon confirmation by your Honorable Body. Mr. Keenan is currently a Vice President at M&T Bank and is a former City of Buffalo Director of the Budget. Mr. Keenan has extensive expertise in both private sector and public sector financing and possesses the necessary qualifications Page 3 00-0725.txt to serve on the Water Finance Authority Board Sincerely, Anthony M. Masiello Mayor REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE DIVISION OF COLLECTIONS AND THE COMPTROLLER FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD JULY 10, 2000 NO. 4 DENIAL OF SITE PLAN ALDI 3060 MAIN ST The City Planning Board at its regular meeting held July 5, 2000 considered the matter captioned above pursuant to Section 511-137 of the Buffalo Code-City Wide Site Plan Review. The City Planning Board voted to deny as presented, the site plan dated June 16, 2000, project # 0037 located at 3060 Main Street Buffalo New York. This denial may be overturned by the City of Buffalo Common Council. If this item is approved by the Buffalo Common Council, the following recommendations are suggested: A low solid brick wall with landscaping along Main Street shielding the parking lot from view of street traffic and pedestrians, sidewalks placed for easy access from transit station, senior citizen complex and from Main Street, and finally increased landscaping along south driveway. If you have any questions regarding the above, please feel free to contact me anytime at (716) 851-5086. Sincerely, William P. Grillo Principal Planner RECEIVED AND FILED NO. 5 J. RAGLAND JR. NORTHEAST CORNER JEFFERSON & E. UTICA RIGHT-OF-WAY ENCROACHMENT ITEM NO. 31, C.C.P. 6/27/2000 The City Planning Board at its regular meeting held Tuesday, July 18, 2000, considered the matter captioned above pursuant to Section 413-67 of the Buffalo Code, Encroachment regulations. The applicant seeks to expand and existing newsstand that will encroach the right-of-way 231x4l. The Planning Board voted to approve the right-of-way encroachment with the following conditions: 1.That four feet of unobstructed sidewalk remain after construction of the newsstand expansion and, if necessary, at the applicants expense. 2.That no windows on the adjacent building be blocked by the newsstand. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 6 M. FISHER 1460 HERTEL AVE. SIT-IN RESTAURANT ITEM NO. 108, C.C.P. 7/11/2000 The City Planning Board at its regular meeting held Tuesday, July 19, 2000, considered the matter captioned above pursuant to Section 511-59 of the Buffalo Code, Hertel Avenue District. Page 4 00-0725.txt The applicant seeks to convert a former restaurant, now being used as a store into a coffee shop located at 1460 Hertel Ave. The Planning Board voted to recommend approval of the proposed coffee shop conditioned that all required permits are obtained prior to the operation of the coffee shop. RECEIVED AND FILED NO. 7 D. LIAROS 224 HUMBOLDT PKWY. 45,55,59 KENSINGTON AVE. REZONE FROM "R211 TO "CL, ITEM NO. 55, C.C.P. 1/11/2000 The City Planning Board at its regular meeting held Tuesday, July 18, 2000, considered the matter captioned above pursuant to Section 511-126 of the Buffalo Code, Procedures for changes and amendments. The applicant seeks to rezone 224 Humboldt Pkwy., 45, 55, and 59 Kensington Ave. from "R211 to "Cl". The applicant plans on reconstructing the current 2 story store into a one story convenience store with parking. The Planning Board voted to receive and file the rezoning petition due to the applicant withdrawing the request. RECEIVED AND FILED NO. 8 D. SINGH 1116 ELMWOOD AVE. SIDEWALK CAFE ITEM NO. 41, C.C.P. 7/11/2000 The City Planning Board at its regular meeting held Tuesday, July 18, 2000, considered the matter captioned above pursuant to Section 413-59 and 511-56 of the Buffalo Code, Sidewalk cafes and Elmwood Avenue Business District. The applicant seeks to encroach the right-of-way with a 281x7.51 sidewalk cafe at 1116 Elmwood Avenue. Under SEQR the proposed sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the sidewalk caf6 with the following conditions: 1.All required permits are obtained prior to operating the sidewalk cafe 2.No outside music. 3.Closing no later than 11:00 P.M. 4.No outside trash receptacles. RECEIVED AND FILED NO. 9 K. ROSSI 229 ALLEN ST. SIDEWALK CAFE ITEM NO. 40, C.C.P. 7/11/2000 The City Planning Board at its regular meeting held Tuesday, July 18, 2000, considered the matter captioned above pursuant to Section 413-59 and 511-57 of the Buffalo Code, Sidewalk cafes and Allen Street District. The applicant seeks to encroach the right-of-way with a 241x4l sidewalk cafe at 229 Allen Street. Under SEQR the proposed sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the Page 5 00-0725.txt sidewalk caf6 with the following conditions: 1.All required permits are obtained prior to operating the sidewalk cafe. 2.No outside music. 3.Closing no later than 11:00 P.M. 4.No outside trash receptacles. 5.Preservation Board approval RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 10 STATUS OF THE AGREEMENT WITH NIAGARA CONSULTING GROUP, INC. COMMUNICATION 48; FEB. 8, 2000 This status report is in response to the July 6 Common Council Community Development Committee request for an update on the BURA contract with Niagara Consulting Group, Inc. In January of this year, BURA contracted with Niagara Consulting Group, Inc., for the purpose of identifying, interviewing and convening stakeholders in the Downtown Medical center area and surrounding neighborhoods to better identify needs, priorities and determine priorities. Included in this scope of services was a report on national models of Medical District organizations and to develop a formal organizational structure for the Downtown Medical Center. In June, BURA authorized a reduction in Niagara Consulting Group's contract to make available $18,000.00 to fund a strategic plan for the development of the Fruitbelt. The report from Niagara Consulting Group remains a works in progress and we anticipate its release at a September BURA meeting. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 11 PERMISSION TO FILE A GRANT APPLICATION FOR FUNDS FROM THE NYS OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION - LASALLE PARK In 1997, the City of Buffalo completed a comprehensive Master Plan for the redevelopment of LaSalle Park in Buffalo's officially designated Federal Enterprise Community (FEC). The LaSalle Park Master Plan is a redesign and redevelopment of Buffalo's major waterfront park, strategically located between downtown Buffalo, Lake Erie and the ethnically diverse Lower West Side. LaSalle Park remains a tremendous asset to the City and the entire region. The Master Plan calls for improvements and restructuring active recreational features as well as proposing a focus on new attractions and a celebration of the rich cultural heritage. Since 1999, ongoing work in LaSalle Park includes soccer, baseball, and football fields as well as picnic and parking facilities. The Parks Development Grant will represent an incremental portion of the total improvements included in the LaSalle Park Master Plan. The process to apply for a NYS Office of Parks, Recreation and Historical Preservation's Clean Water/Clean Air Bond Act and Environmental Protection Fund Parks Development grant is now open and the deadline for filing is August 31, 2000. The purpose of this grant is to preserve, rehabilitate or Page 6 00-0725.txt restore lands or structures for use by all segments of the population for park, recreation or conservation purposes. Applicants must own the lands to be preserved, rehabilitated or restored to be eligible. Given that the City of Buffalo is the land owner of LaSalle Park, I respectfully request that your Honorable Body authorize Mayor Anthony Masiello to file an application for funds from the NYS Office of Parks, Recreation and Historic Preservation in accordance with provisions of Title 3 of the Clean Water/Clean Air Bond Act of 1996, in an amount not to exceed $500,0000. This reimbursable grant requires the City of Buffalo to match State funds awarded at a ratio of one-to-one or higher. Upon approval of grant request, the City will enter into and execute a project agreement with the State for such financial assistance for this Parks Development Grant. Mrs. LoTempio Moved: That the above communication from the Office of Strategic Planning, dated July 19, 2000, be received and filed; and That the Mayor be, and he hereby is authorized to file an application for funds from the NYS Office of Parks, Recreation and Historic Preservation in accordance with provisions of Title 3 of the Clean Water/Clean Air Bond Act of 1996, in an amount not to exceed $500,000. This reimbursable grant requires the City of Buffalo to match State funds awarded at a ration of one-to-one or higher. Upon approval of grant request, the City will enter into and execute a project agreement with the State for such financial assistance for this Parks Development Grant. PASSED AYES -12 NOES - 0 NO. 12 RESULTS OF NEGOTIATIONS 42 COLLEGE, 90' S MARYLAND VACANT LOT:30' X 73' ASSESSED VALUATION: $3,900 The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 42 College Street from Mr. William Logan, 40 College Street, Buffalo, New York 14201. Mr. Logan owns a two family home at 40 College Street which adjoins 42 College Street. His intentions are to use the property for additional yard space. The Office of Strategic Planning and Division of Collections have no objections to the sale. There are no outstanding taxes, building code violations, or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Thomas P. Tighe of R.W. Bronstein Corporation, 3666 Main Street, Buffalo, New York 14226. He has estimated the value of the property to be One Thousand Dollars ($1,000). The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Mr. William Logan has agreed and is prepared to pay One Thousand Dollars ($1,000) for the subject property. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 42 College Street in the amount of one Thousand Dollars ($1,000). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be Authorized to Page 7 00-0725.txt execute the same. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, dated July 18, 2000, be received and filed; and That the offer from Mr. William Logan, residing at 40 College Street, in the sum of One Thousand Dollars ($1,000.00) for the sale of 42 College Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -12 NOES - 0 NO. 13 RESULTS OF NEGOTIATIONS 191 SWEET,207.38' N BROADWAY VACANT LOT: 30' X 94' ASSESSEDVALUATION: $2,800 The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 191 Sweet Street from Mr. Carl H. Campbell, 66 Lake Avenue, Blasdell, New York 14219. Mr. Campbell owns 20 Sobieski (residential garage) and 26 Sobieski (two family home) which adjoins 191 Sweet Street. His intentions are to use the property for additional yard space. The Office of Strategic Planning and the Division of Real Estate have no objection to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Paul Gress, Jr., appraiser, U. S. Appraisal Inc., 280 Cayuga Road, Buffalo, New York 1422S. He has estimated the value of the property to be Two Hundred Fifty Dollars ($250), which is Eight Cents (.08) a square foot. The Division of Real Estate has investigated the sales of similar properties in the area. Sales prices range from Twenty-Three Cents (.23) to Thirty-Three Cents (.33) a square foot. The results of our negotiations are that Mr. Campbell has agreed and is prepared to pay Six Hundred Sixty Dollars ($660), Twenty Three Cents (.23) a square foot, for this parcel. He have also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 191 Sweet Street to Mr. Carl Campbell in the amount of Six Hundred Sixty Dollars ($660). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 14 UTILITY EASEMENT AGREEMENT NIAGARA MOHAWK POWER CORPORATION PORTION OF HOUGHTON PARK The Office of Strategic Planning, Division of Real Estate, Page 8 00-0725.txt has received the attached easement agreement from Niagara Mohawk. They are requesting a permanent easement for property located within Houghton Park (as shown on Exhibit A of the attached easement agreement). This office has written to the Corporation Counsel's Office and to the Dept. of Public Works, Parks & Streets and they have no objection to the attached easement. I am, therefore, recommending that Your Honorable Body approve the attached easement agreement and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, dated July 20, 2000, be received and filed; and That the Mayor be, and he hereby is authorized to execute the easement agreement between the City of Buffalo and Niagara Mohawk Corporation for parcel of land commonly known as former Casimir Street, west of Spann Street. PASSED AYES -12 NOES - 0 FROM THE COMPTROLLER NO. 15 APPOINTMENT OF CITY AUDITOR I hereby advise your Honorable Body of the appointment of Frank A. Belliotti as deputy comptroller for the Division of Audit. Mr. Belliotti most recently served as chief fiscal officer for BURA. He was a top financial executive with the Federal Resolution Trust Corporation before joining BURA IN 1995, and prior to that served as executive vice president and chief financial officer of a S500 million community bank in Delaware. He spent t9 years with Marine Midland Bank, serving as a division controller and a vice president. Mr. Belliotti's outstanding educational credentials include a master's degree in finance from Canisius College. He is a certified public accountant, receiving that important designation in 1968. 1 purposely sought to appoint a CPA to the audit position, given the increased audit oversight now residing with the comptroller's office. RECEIVED AND FILED NO. 16 CERT OF NEC TRANSFER OF FUNDS COMMON COUNCIL - CITY CLERK We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $2,500 be transferred and reappropriated within Legislative, as set forth below: From: 10220001 - City Clerk 412002 - Hourly Salary$2,500 To: 10220001 - City Clerk 411001 -Annual Salary$2,500 Dated: Buffalo, NY, July 5, 2000 RECEIVED AND FILED NO. 17 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS COMMON COUNCIL - LEGISLATIVE We, Anthony M. Masiello, Mayor and Anthony R. Page 9 00-0725.txt Nanula, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $4,500 be transferred and reappropriated within Legislative, as set forth below: From: 10 102001 -Legislative 412002 - Hourly Salary$4,500 To: 10 106001 - Legislative Councilmember Gray 411001 -Annual Salary$4,500 Dated: Buffalo, NY, July 5, 2000 RECEIVED AND FILED NO. 18 INTERFUND LOAN Over the last six years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have one request for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $1,000,000 for Neighborhood Redevelopment. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. FromToAccount Repayment Date 1000 General3000 Capital Proj 35640306BAN/Bond Sale Total 1,000,000 Pursuant to the City's Capital Budget/Debt Management Policy, the City expects to issue bonds in the amount of $23,000,000 for City Projects during the Fiscal Year 2000/2001. Currently, there are seven (7) City Projects with outstanding interfund loans (not including this request) totaling $6,150,000*. If this current request is approved, the City will be committed to an additional $2,200,000* in projects. Therefore, the future projects that can be interfund loaned or included in the 2000/2001 debt issue will be limited to $14,650,000. Bonds to be issued Fiscal Year 2000/2001 $ 23,000,000 Approved Interfund loans 6,150,00 * $ 16,850,000 Current request(total project amounts) 2,200,000 * Balance available for F1Y 2000/2001 $ 14,650.000 Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Also, attached is a listing of the outstanding interfund loans approved by Council. The total authorized on the attached list includes the current request. Mrs LoTempio moved: That the above communication from the Comptroller dated July 19, 2000, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to the City, Board and Enterprise Capital Projects Fund in the amount of $1,000,000 for Neighborhood Redevelopment. Page 10 00-0725.txt The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED AYES -12 NOES - 0 NO. 19 INTERFUND LOAN Over the last six years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have one request for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $200,000 for Construct BridgeNorthwest Academy. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. FromToAccount Repayment Date 1000 General3000 Capital Proj35310406 BAN/Bond Sale Total 200,000 Pursuant to the City's Capital Budget/Debt Management Policy, the City expects to issue bonds in the amount of $23,000,000 for City Projects during the Fiscal Year 2000/2001. Currently, there are seven (7) City Projects with outstanding interfund loans (not including this request or the request submitted July 19, 2000) totaling $6,150,000*. If this current request is approved, the City will be committed to an additional $200,000* in projects. Therefore, the future projects that can be interfund loaned or included in the 2000/2001 debt issue will be limited to $14,450,000. Bonds to be issued Fiscal Year 2000/2001 $23,000,000 Approved Interfund Loans 6,150,00 * $ 16,850,000 LESS: Request Submitted 7/19/00 2,200,000 * Current request(total project amounts) 200,000 * Balance available for F/Y 2000/2001 $14,450,000 *Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Also, attached is a listing of the outstanding interfund loans approved by Council. The total authorized on the MRS. LOTEMPIO MOVED: That the Comptroller be and he hereby is authorized to issue an interfund cash loan from the General fund to the City's Capital Projects Fund in the amount of $200,000 f construct Bridge-Northwest Acedemy PASSED AYES - 12 NOES - 0 NO. 20 2930-2950 BAILEY AVENUE SALE AND LEASE BACK Page 11 00-0725.txt NO. 24 2/22/00, NO. 34 3/7/00, NO. 13 3/21/00 NO. 23 5/30/00 In response to the above resolutions, the following information is submitted for your review: This property was sold by the City of Buffalo and acquired by DREAMCO Development Company; this property was then Leased back by the City of Buffalo. Ownership was transferred and the lease became effective on January 15, 1999 (the date of transfer). Pursuant to the Lease Agreement between the City of Buffalo (lessee) and Dreamco Development Company (lessor), para 6 - UTILITIES "All sums for sewer rent and water charges, solid waste user fees, electricity, gas and other utilities shall be paid by the Lessor, and where only part of an entire building is used or occupied for Lessee use, the cost of said utilities and facilities shall be apportioned based upon square footage between Lessee use and other purposes. The Lessor shall provide to the Lessee paid receipts of utility charges for the space used by the Lessee and the Lessee shall reimburse the Lessor semiannually for the utility charges attributable to the Lessee's use of the premises. In the event that any utility is separately metered, the Lessee shall be directly responsible for its separately metered utilities. American Waterworks Services (AWS) the manager of the City's Water System, has advised water and sewer service has been furnished based on flat rates, and that the DREAMCO has been notified that a meter needs to be installed. Upon meter installation, AWS will bill for the minimum monthly usage from the date of transfer to the date of meter installation; thereafter water and sewer billings will be based on meter readings. Consequently, pending meter size determination, the amount owed can not be determined at this time. The City's USER Fee billing office has advised that bills for USER FEE's owing from the date of transfer through June 30, 2000 and the July 1, 2000 quarterly bill have been prepared and sent to DREAMCO. The Audit Division has determined: The City has paid the cost of gas for the period beginning with the date of transfer through May 17, 2000 and that the service meter was placed in the Lessor's name on May 18, 2000. The City has paid the cost of electric for the period beginning with the date of transfer through July 2, 2000 and that the service meter was placed in the Lessor's name on July 3, 2000. However the City has not yet received the electric utility's bill for June and July, 2000; consequently additional amounts may be owed and due to the City. The City Audit Division will bill Dreamco for gas and electric upon receipt of the utility bills cited above. The Assessment Office has advised that the tax bill issued July 1, 2000 for the 2000-2001 -tax year will also include pro-rated taxes from the date of transfer. summary of the amounts owed by DREANICO to the City of Buffalo follow: DescriptionAmount WaterAwaiting determination of meter size User Fees440.77 Gas11,130.71 Electric3,551.21 Taxes9,941.84 Page 12 00-0725.txt Total$25,064.53 summary of the amounts owed by the City of Buffalo to DREAMCO pursuant to the terms of the Lease follow: WaterAwaiting determination of meter size User Fees$172.58 Gas4,358.15 Electric1,390.45 Taxes3,892.65 Total$ 9,813.83 Note: amounts assume City's lease of 5,000 of the 12,770 square feet of space We are also reviewing the status of the utility billings cited above for the property identified as 1731-33 Seneca / 497 Southside Parkway, also a City sale and leaseback, and will report our findings separately. If we can be of further assistance in this matter, please do not hesitate to contact our office. REFERRED TO THE COMMITTEE ON FINANCE NO. 21 1731-33 SENECA STREET / 497 SOUTHSIDE PARKWAY SALE AND LEASE BACK In response to your request, the following information is submitted for your review: This property was sold by the City of Buffalo and acquired by WNY Realty Funding Inc.; this property was then Leased back by the City of Buffalo. Ownership was transferred February 3, 1999 and the lease became effective on February 1, 1999. Pursuant to the Lease Agreement between the City of Buffalo (lessee) and WNY Realty Funding Inc. (lessor), para 6 - UTILITIES "The Lessor, at its option, may submeter or add separate utility meters for the Premises. If such metering or submetering is installed, the Lessee shall be directly and solely responsible for the utilities used by the Lessee in the Premises as measured by that separate metering and accounting. When there is no submetering or separate utility meters, initially, sums for sewer rents and water charges, solid waste user fees, electricity, gas, and other utilities shall be paid by the Lessor, and where only part of an entire building is used or occupied for Lessee use, the cost of said utilities and facilities shall be apportioned upon some reasonable basis or bases for measuring the Lessee's consumption as agreed upon by the parties. The Lessor shall provide to the Lessee paid receipts of utility charges for the space used by the Lessee and the Lessee shall reimburse the Lessor as the Lessee is billed for the utility charges attributable to the Lessee's use of the Premises." American Waterworks Services (AWS) the manager of the City's Water System, has advised that water and sewer service has been furnished based on flat rates, and that the WNY Realty Funding Inc. has been notified that a meter needs to be installed. Upon meter installation, AWS will bill for the minimum monthly usage from the date of transfer to the date of meter installation; thereafter water and sewer billings will be based on meter readings. Consequently, pending meter size determination, the amount owed can not be determined at this time. The City's USER Fee billing office has advised that bills for USER FEE's owing from the date of transfer through June 30, 2000 and the July 1, 2000 quarterly bill have been prepared and sent to WNY Realty Funding Inc. The Audit Division has determined: Page 13 00-0725.txt The City has paid the cost of gas for the period beginning with the date of transfer through May 31, 2000 and that the service meter was placed in the Lessor's name on June 12, 2000. However the City has not yet received the gas utility's bill for June, 2000; consequently additional amounts may be owed and due to the City. The City has paid the cost of electric for the period beginning with the date of transfer through May 16, 2000 and that the service meter was placed in the Lessor's name on June 12, 2000. However the City has not yet received the electric utility's bill for June, 2000; consequently additional amounts may be owed and due to the City. The City Audit Division will bill WNY Realty Funding Inc. for gas and electric upon receipt of the utility bills cited above. The Assessment Office has advised that the tax bill issued July 1, 2000 for the 2000-2001 tax year will also include pro-rated taxes from the date of transfer. A summary of the amounts owed by 'ANY Realty Funding, Inc. to the City of Buffalo follow: Description Water Awaiting determination of meter size User Fees$ 835.59 Gas15,463.06 Electric7,621.23 Taxes21,489.62 Total$45,409.50 A summary of the amounts owed by the City of Buffalo to WNY Realty Funding, Inc. pursuant to the terms of the Lease follow: Water Awaiting determination of meter size User Fees $ 600.97 Gas 11,121.33 Electric 5,481.34 Taxes 15,455.75 Total$32,659.39 Note: amounts assume City's lease of 10,246 of the 14,246 square feet of space and City billings through July 1, 2000. If we can be of further assistance in this matter, please do not hesitate to contact our, office. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION No.22 Tax Cancellation 2000-2001 Adjustment on the General City Tax for 2000/2001 were made on the following properties (list attached) to provide for changes due to omitted or incorrect exemptions and assessment errors. I, therefore, request that a warrant be drawn on General City Charges, Org 17221008 Obj 480101 Tax Adjustment Fund, in favor of the City for the taxes indicated on the attached list in the amount of $63,625.12 Mrs. LoTempio moved: That the above communication from the Commissioner of Assessment, dated July 20, 2000, be received and filed; and That the Comptroller be, and he hereby is authorized to issue a check in the amount of $63,625.12 to be drawn on General City Charges, Org 17221008 ObJ 480101 Tax Adjustment Fund. PASSED AYES-12-NOES-0 Page 14 00-0725.txt FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS No.23 Notification Serial 9 9201 Install Stop Signs in Albany Street at Normal Avenue STOP SIGNS (ALL-WAY) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 9 Section I I of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Albany Street Normal Avenue This action is being taken at the request of the Buffalo Board of Education in order to provide safe pedestrian crossing for parents an students of School #18 Annex. RECEIVED AND FILED No.24 Report of Bids Martin Luther King Jr. Park Pool Please be advised that on July 17, 2000 1 received and opened the bids for reconstruction of the Martin Luther King Jr. Park Pool. CONTRACT A - GENERAL COMPANY BID ALT.1 ALT.2 C. Nichter, Inc. $ 793,200 $10,000 $32, 000 Innovative Building Systems 908, 600 24, 000 45, 000 Paul Gallo Contracting, Inc. 972, 000 N/A 78, 000 Visone Construction 1, 097,480 21,500 47, 000 CONTRACT B - ELECTRICAL O'Connell Electric $ 67,000 Frey Electric 92,455 Weydman Electric 101,978 CONTRACT C - POND ELOSYSTEM Kirst Construction $486,000 CONTRACT D - POND LINER Environmental Protection Services $216,310 I hereby certify that the foregoing is a true and correct statement of the bids received. We are accepting the following low bids in the corresponding amounts Contract A -C. Nichter, Inc. 30 Wildwood Drive, Lancaster, New York 14086 Base Bid $793,200 plus Add Alternate 1, $10,000 and Add Alternate 2 $32, 000 For a total of $835,200 Contract B -O'Connell Electric, 830 Phillips Road, Victor, NY 14564 - $67,000 Contract C -Kirst Construction, 7120 Boston State Road, Hamburg, NY 14075 - $486,000 Contract D -Environmental Protection Services, 7 Switchbud Place, The Woodlands, Texas 77380 - $216,370 These are the lowest responsible bidders in accordance with the plans and specifications for a total amount of $1,604,570. our consultants have found the bic to be fair and Page 15 00-0725.txt reasonable. I recommend that Your Honorable Body authorize the City to order the work on the basis of the low bid. Funds for this work are available in the following Bond Funds: 34640606, 30339706, 30019506, 31717206, and 35640206. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated July 19, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for the Martin Luther King Jr. Park Pool, to the lowest responsible bidders, for Contract A - General, to C. Nichter, Inc., Base Bid $793,200 plus Add Alternate 1, $10,000 and Add Alternate 2 - $32,000 for a total of $835,200; for Contract B -Electrical, to O'Connell Electric, in the amount of $67,000; for Contract C - Pond Ecosystem, to Kirst Construction, in the amount of $486,000; for Contract D - Pond Liner, to Environmental Protection Services, in the amount of $216,370. Funds for the project are available in Bond Funds: 34640606, 30339706, 30019506, 31717206, and 35640206. PASSED AYES-12-NOES-0 No.25 Report of Bids Repair to Street Cuts-2000 Group #535 This is to advise your Honorable Body that I have advertised and received bids on 7/19/00 for Repair to Street Cuts 2000-Group #535. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material, which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase Sicily Construction$121,810.00 $133,991.00 Amherst Paving$123,110.00 $135,291.00 Tomani's Eastern$144,000.00 $156,181.00 ABP Concrete$152,580.00 $164,761.00 Birch Grove$162,610.00 $174,791.00 Man O'Trees$163,425.00 $175,606.00 I hereby certify that the lowest responsible bidder for the above project is Sicilia Construction with a base bid of $121,810.00. 1 respectfully recommend that your Honorable Body authorize a contract award in the amount of ($121,810.00 base bid + 10% unit price increase $12,181.00 = total award $133,991.00). Funds for this work will be available in our CPA #30032106. The engineer's estimate for this work is $125,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works dated July 20, 2000, be received and filed; and That the Commissioner of Public Page 16 00-0725.txt Works be, and he hereby is authorized to award a contract for Repair to Street Cuts, Group #535, to Sicilia Construction, the lowest responsible bidder, in the amount of ($121,8 10. 00 base bid + 10% unit price $12,18 1. 00 total award $133,991.00). Funds for the project are available in CPA #30032106. Passed. AYES-12-NOES-0 No.26 Bond Cancellation 91 Niagara Street It is hereby certified that the bond described below be cancelled: Principal:Joseph Augello Surety:American Manufacturers Mutual Insurance Co. Amount:$5,000.00 Dated:May 28, 1992 Structure:Sidewalk Cafe Location:91 Niagara Street, between the public sidewalk and the existing restaurant This bond is no longer necessary due to the fact a certificate of insurance has been provided in lieu of bond. The above captioned bond should be deemed released and cancelled as to future liability in accordance with the provisions of the City Ordinances. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to cancel the above described bond with Joseph Augello in the amount of $5,000.00 for 91 Niagara Street. Passed AYES-12-NOES-0 No.27 Change in Contract Change Order No. I Tree Root Damaged Sidewalks - City-Wide - 2000 Group #523 Master's Edge, Inc. I hereby submit to your Honorable Body the following increase in the contract for the above named project. Change Order No. I Increase in Unit Items ContractDesc Unit Unit Pr Quantity Cost Item R05.204 Concrete Sidewalk & Approaches Sq.Ft. $2.33 43,429.18 $101,190.00 - 4" Replacement 11.110 Seeding & Fertilizer Sq.Ft. $0.18 8,564.16 $1,541.55 613.0101 Topsoil Cu.Yd. $46.00 110 $5,060.00 Total Change Order # 1 $107,791.55 Contract Summary Original Contract Amount $413,855.00 Change Order No. 1 $107,791.55 Total Contract $523,646.55 Page 17 00-0725.txt Funds for this work are from a CDBG transfer, which was approved at the BURA meeting of July 13, 2000 at the request of Masten District Councilmember Byron Brown. A list of locations is as follows: WoodlawnErnst to Moselle HurlockErnst to Moselle FrankfortErnst to Mosell FillmoreMain to Best East FerryMain to Humboldt East DelavanMain to Humboldt RodneyMain to Hill East DelavanGrider to Norfolk GriderEast Ferry to Leroy HumboldtBest to East Delavan LeroyMain to Kensington NorthlandMain to Cornwall I therefore request that Your Honorable Body authorize the Commissioner of Public Works to issue an increase in contract to master's Edge, Inc. in the amount of $107,791.44 and also authorize the transfer of CDBG funds into our 99-00 Infrastructure Account 434310506. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works dated June 22, 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 Master's Edge, Inc., an increase in the amount of $107,79 1. 00, as more fully described in the above communication, for work relating to Tree Root Damaged Sidewalks, City Wide - 2000, Group #523. That the Commissioner also is authorized to transfer CDBG funds into the Public Works 99-00 Infrastructure Account #34310506. Passed AYES-12-NOES-0 NO.28 Change in Contract City Hall Emergency Generator Replacement and Fire Alarm Upgrade I hereby submit to Your Honorable Body the following changes for the City Hall Emergency Generator Replacement and Fire Alarm Upgrade, Electrical Work, Frey Electric Co., Inc., C #92010171. 1.Replace deteriorated sheet metal wall sleeve with a new sleeve. Add $ 1,192.40 The foregoing change results in a net increase in the contract of One Thousand One Hundred Ninety Two and 40/100 Dollars ($1,192.40). Summary: Current Contract Amount $ 437,600.00 Amount of This Change Order (#2) Add $ 1,192.40 Revised Contract Amount $ 438,792.40 Costs have been reviewed by the Consulting Architect (Hamilton, Houston, Lownie) and the Department of Public Works and were found to be fair and equitable. Funds for this work are available in CPF 34321706 - 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: Page 18 00-0725.txt That the above communication from the Commissioner of Public Works dated July 11, 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 Frey Electric Co., an increase in the amount of $1,192.40, as more fully described in the above communication, for work relating to the City Hall Emergency Generator Replacement and Fire Alarm Upgrade, Electrical Contract, C #92010171. Funds for this project are available in CPF 34321706 -Division of Buildings. Passed AYES-12-NOES-0 No.29 Change in Contract Fillmore-Ferry Police Precinct General Construction I hereby submit to Your Honorable Body the following changes for the Fillmore-Ferry Police Precinct, General Construction, Montco Construction Co., Inc., C #91988500. 1 .Provide and install a "Clima Plus" ceiling in toilet rooms 111, 119 and 121 in lieu of the specified ceiling as requested by the architect. The original specified ceiling is not recommended in moist areas. 2.Furnish and install additional stone sub-base at the Ferry Street driveway entrance and additional binder at the Woodlawn Street driveway entrance. Add$ 600.88 Add$ 1,552.50 The foregoing change results in a net increase in the contract of Two Thousand One Hundred Fifty Three and 38/100 Dollars ($2,153.38). Summary:Current Contract Amount $2,463,814.59 Amount of This Change Order (#8) Add $ 2,153.38 Revised Contract Amount $2,465,967.97 Costs have been reviewed by the Consulting Architect (Trautman Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 30229306 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works dated July 14, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 8, to Montco Construction Co., Inc., an increase in the amount of $2,153.38, as more fully described in the above communication, for work relating to the Fillmore-Ferry Police Precinct, General Construction, C #91988500. Funds for this project are available in CPF 30229306 - Division of Buildings. Passed AYES-12-NOES-0 NO.30 CHANGE IN CONTRACT MAIN TUPPER POLICE PRECINCT GENERAL CONSTRUCTION Page 19 00-0725.txt I hereby submit to Your Honorable Body the following changes for the Main Tupper Police Precinct, General Construction, C. Nichter, Inc., C #91994200. 1 .Omit banners specified for Public Lobby 121 in order to create room for the addition of future art work. Deduct $ 1,240.00 2.Add exterior sign identifying building to the east elevation at the request of the Police Dept Add $ 3,928.00 3. Furnish and install remote control receivers and transmitters for the operation of the three (3) overhead doors Add$ 892.00 4. Furnish and install locker rods for all lockers at the request of the Police Dept. Add $ 2,139.00 5. Omit epoxy floor in Rooms 108, 113, 114, 115. 6. Deduct $ 1,610.00 Enclose the cabinet heater and miscellaneous piping in the elevator machine room to meet the elevator code requirements. Add$ 1,365.00 7. Omit brick at tree pits as recommended by the landscaping subcontractor. Deduct $ 1,247.00 Furnish and install plaque in lobby. Add$ 1,505.00 The foregoing change results in a net increase in the contract of Five Thousand Seven Hundred Thirty Two and 00/100 Dollars ($5,732.00). Summary:Current Contract Amount $3,076,385.00 Amount of This Change Order (#8) Add $5,732.00 Revised Contract Amount $3,082,117.00 Costs have been reviewed by the Consulting Architect (Foit Albert Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 35320306 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works dated July 19, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 8, to C. Nichter, Inc., an increase in the amount of $5,732.00, as more fully described in the above communication, for work relating to the Main Tupper Police Precinct, General Construction, C #91994200. Funds for this project are available in CPF 35320306 - Division of Buildings. Passed AYES-11-NOES-1 AYES - Bonifaco, Coppola, Ellington, Fisher, Fontana, Golombek, Grant, Gray, LoTempio, Martino, Williams - 12 Noes - Pitts - 1 No.31 Change in Contract Page 20 00-0725.txt Main Tupper Police Precinct Electrical Work I hereby submit to Your Honorable Body the following changes for the Main Tupper Police Precinct, Electrical Work, Tunney Electric, Inc., C #91992500. 1. Furnish and install floodlights for three (3) flagpoles. Add$1,590.74 2. Separate receptacles in Exercise Room into three (3) circuits as recommended by equipment manufacturers. Add $ 559.56 3. Relocation of telephone/data boards from Room 108 into Room 105 to allow for equipment. Add $ 280.82 4. Extend power to garbage disposal and rangehood. Add $ 431.04 5. Omit lighting on Main Street screen wall Deduct$6,198.06 6. Furnish and install a transfer switch between the UPS system and the emergency generator. Add$6,126.82 7. Furnish and install visual fire alarm equipment as required for code compliance. Add$5,480.90 The foregoing change results in a net increase in the contract of Eight Thousand Two Hundred Seventy One and 82/100 Dollars ($8,271.82). Summary: Current Contract Amount $ 376,531.08 Amount of This Change Order (#4) Add $ 8,271.82 Revised Contract Amount $ 384,802.90 Costs have been reviewed by the Consulting Architect (Foit Albert Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 35320306 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works dated July 20, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 4, to Tunney Electric, Inc., an increase in the amount of $8,271.82, as more fully described in the above communication, for work relating to the Main Tupper Police Precinct, Electrical Work, C #91992500. Funds for this project are available in CPF 35320306 - Division of Buildings. Passed AYES-11-NOES-1 AYES - Bonifaco, Coppola, Ellington, Fisher, Fontana, Golombek, Grant, Gray, LoTempio, Martino, Williams - 12 Noes - Pitts - 1 No.32 Change in Contract Reconstruction of Pools - 2000 Mechanical Work I hereby submit to Your Honorable Body the following changes for the Reconstruction of Pools, Various Locations 2000, Mechanical Work, Numarco, Inc., C #92010205. Page 21 00-0725.txt 1. Shoshone Pool - Replace existing valve. 2. Add $ 1,100.00 2.Kensington Pool - Locate leak; cut and patch the concrete deck. Add $ 1,883.50 The foregoing change results in a net increase in the contract of Two Thousand Nine Hundred Eighty Three and 50/100 Dollars ($2,983.50). Summary:Current Contract Amount$48,600.00 Amount of This Change Order (#1)Add $ 2,983.50 Revised Contract Amount $51,583.50 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 30012406 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works dated July 20, 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 Numarco, Inc., an increase in the amount of $2,983.50, as more fully described in the above communication, for work relating to the Reconstruction of Pools, Various Locations 2000, C #92010205. Funds for this project are available in CPF 30012406 - Division of Buildings. Passed AYES-12-NOES-0 No.33 Change in Contract Parkside Lodge Roof Replacement I hereby submit to Your Honorable Body the following changes for the Parkside Lodge, Roof Replacement, Ferraina Construction Co., Inc., C #91973200. 1.Replace rotted wood and loose stucco at the north and south porch areas. Add $ 9,933.00 The foregoing change results in a net increase in the contract of Nine Thousand Nine Hundred Thirty Three and 00/100 Dollars ($9,933.00). Summary: Current Contract Amount $ 255,669.00 Amount of This Change Order (#2) Add $ 9,933.00 Revised Contract Amount $ 265,602.00 Costs have been reviewed by the Consulting Architect (Flynn Battaglia Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 31934106 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works dated July 18, 2000, be received and filed; and That the Commissioner of Public Page 22 00-0725.txt Works be, and he hereby is authorized to issue change order No. 2, to Ferraina Construction Co., Inc., an increase in the amount of $9,933.00, as more fully described in the above communication, for work relating to the Parkside Lodge, Roof Replacement, C #91973200. Funds for this project are available in CPF 31934106 - Division of Buildings. Passed AYES-12-NOES-0 No.34 Change in Contract Precinct 11 Renovations Electrical Contract I hereby submit to Your Honorable Body the following changes for Precinct 11 Renovations, Electrical Contract, Warrens Electric Co., C #92010141. 1.Furnish and install two (2) combination starters for operating the boiler pumps. Add $ 1,419.10 2.Replace existing conduit that was damaged in the floor by core drilling. This conduit fed the panel in the boiler room from the service disconnect. Add $ 2,809.45 The foregoing change results in a net increase in the contract of Four Thousand Two Hundred Twenty Eight and 55/100 Dollars ($4,228.55). Summary:Current Contract Amount $86,833.04 Amount of This Change Order (#2) Add$ 4,228.55 Revised Contract Amount $91,061.59 Costs have been reviewed and recommended by the Consulting Architect (Trautman Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 35320206 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works dated July 18, 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 Warrens Electric Co., an increase in the amount of $4,228.55, as more fully described in the above communication, for work relating to the Precinct I Renovations, Electrical Contract, C #92010141. Funds for this project are available in CPF 35320206 -Division of Buildings. Passed AYES-12-NOES-0 No.35 Change in Contract Police Precinct 11 Renovations General Construction I hereby submit to Your Honorable Body the following changes for Police Precinct 11 Renovations, General Construction, Summit Construction Group, C #92010135. 1.Furnish and install a refrigerator, dishwasher, range, Page 23 00-0725.txt hood, and microwave oven as requested by the Police Department. Add $ 2,066.00 The foregoing change results in a net increase in the contract of Two Thousand Sixty Six and 00/100 Dollars ($2,066.00). Summary: Current Contract Amount $ 547,130.25 Amount of This Change Order (#5) Add $ 2,066.00 Revised Contract Amount $ 549,196.25 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 - 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 July 12, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 5, to Summit Construction Group, an increase in the amount of $2,066.00, as more fully described in the above communication, for work relating to the Precinct I Renovations, General Construction, C #92010135. Funds for this project are available in CPF 35320206 -Division of Buildings. Passed AYES-12-NOES-0 No.36 Change in Contract Precinct 11 Renovations General Construction I hereby submit to Your Honorable Body the following changes for Precinct 11 Renovations, General Construction, Summit Construction Group, Inc., C #92010135. 1 .Furnish and install a 2'x 2'suspended ceiling system in lieu of the 12" x 12" adhered ceiling system specified at rooms 103, 116, 125 and 130. Deduct $ 1,262.00 2.Enclose the vent piping that was added to toilet room 126 and the kitchen. Add $ 813.00 Provide additional wall patching to the north, east and west walls of the vestibule required when the soffit area was removed. Add $ 302.00 The foregoing change results in a net decrease in the contract of One Hundred Forty Seven and 00/100 Dollars ($147.00). Summary: Current Contract Amount $ 549,196.25 Amount of This Change Order (#6) Deduct $147.00 Revised Contract Amount $ 549,049.25 Costs have been reviewed by the Consulting Architect (Trautman Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work to be credited to CPF 34321206 - Division of Buildings. I request that Your Honorable Body authorize the Page 24 00-0725.txt Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works dated July 21, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 6, to Summit Construction Group, a decrease in the amount of $147.00, as more fully described in the above communication, for work relating to the Precinct I I Renovations, General Construction, C #92010135. Funds for this project are to be credited to CPF 34321206 -Division of Buildings. Passed AYES-12-NOES-0 No.37 Change in Contract Precinct 11 Renovations HVAC Contract I hereby submit to Your Honorable Body the following changes for Precinct 11 Renovations, HVAC Contract, Joseph Davis, Inc., C #92010159. 1.Furnish and install two (2) opposed blade dampers for combustion air to the boiler room. One damper is controlled by the boiler and the other by the hot water heaters. These items were not indicated on the contract documents and are required for the operation of the systems. Add$ 2,379.00 The foregoing change results in a net increase in the contract of Two Thousand three Hundred Seventy Nine and 00/100 Dollars ($2,379.00). Summary: Current Contract Amount $ 109,695.00 Amount of This Change Order (#2) Add $ 2,379.00 Revised Contract Amount $ 112,074.00 Costs have been reviewed by the Consulting Architect (Trautman Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 35320206 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works dated July 21, 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 Joseph Davis, Inc., an increase in the amount of $2,379.00, as more fully described in the above communication, for work relating to the Precinct I I Renovations, HVAC Contract, C #92010159. Funds for this project are available in CPF 35320206 - Division of Buildings. Passed AYES-12-NOES-0 NO. 38 CHANGE IN CONTRACT O'KELL FIELD HOUSE PLUMBING WORK Page 25 00-0725.txt I hereby submit to Your Honorable Body the following changes for the O'Kell Field House, Plumbing Work, MKS Plumbing, C #92010070. 1.Furnish and install a grease trap for the three compartment sink as required by the City Plumbing Inspector. Add $ 746.00 2. Remove section of existing foundation walls in order to run conductor piping to sewer. Add $ 1,293.39 The foregoing change results in a net increase in the contract of Two Thousand Thirty Nine and 39/100 Dollars ($2,039.39). Summary: Current Contract Amount$41,414.00 Amount of This Change Order (#1) Add $ 2,039.39 Revised Contract Amount$43,453.39 Costs have been reviewed by the Consulting Architect (Foit Albert Associates) and the Department of Public Works and were found to be fair and equitable. Funds for this work are available in CPF 30341506 - 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 July 12, 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 MKS Plumbing, an increase in the amount of $2,039.39, as more fully described in the above communication, for work relating to the O'Kell Field House, Plumbing Work, C #92010070. Funds for this project are available in CPF 30341506 - Division of Buildings. PASSED AYES -12 NOES - 0 NO. 39 CHANGE IN CONTRACT SENECA BABCOCK CENTER GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Seneca Babcock Center, General Construction, The Hadala Corporation, C #92010170. Furnish and install two (2) coats of paint to the eleven (111) rooms not painted under the original contract (Activities Room, offices, kindergarten rooms, front entrance, doors and frames), including patching of various holes in existing wall. Add $ 6,900.00 The foregoing change results in a net increase in the contract of Six Thousand Nine Hundred and 001100 Dollars ($6,900.00). Summary: Current Contract Amount$ 227,368.00 Amount of This Change Order (#3) Add$ 6,900.00 Revised Contract Amount$ 234,268.00 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 - 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. Page 26 00-0725.txt Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated July 12, 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 The Hadala Corporation, an increase in the amount of $6,900.00, as more fidly described in the above communication, for work relating to the Seneca Babcock Center, General Construction, C #92010170. Funds for this project are available in CPF 30341006 - Division of Buildings. PASSED AYES -12 NOES - 0 NO. 40 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER HOUSE ELECTRICAL REWIRING I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, House Electrical Rewiring, CIR Electrical Construction Corp., C #92010218. 1 .Remove oil filled transformers at starters and disconnect and remove the existing 25 cycle starters and oil filled transformers. Add $ 6,500.00 2. Locate and uncover four (4) buried electrical boxes at the back of the house; identify and number existing dimming circuit conductors; trace and renumber dimming circuits for attic and balcony down lights, provide new 3/4" conduit at attic, repull new feeders; and replace section of 1 '/4" conduit for homerun to balcony. Add $ 1,356.00 The foregoing change results in a net increase in the contract of Seven Thousand Eight Hundred Fifty Six and 00/100 Dollars ($7,856.00). Summary: Current Contract Amount $ 301,950.00 Amount of This Change Order (#1) Add $ 7,856.00 Revised Contract Amount$ 309,806.00 Costs have been reviewed and recommended by the Consulting Engineer (M/E Engineering), the Construction Manager (Ciminelli-Cowper Co.) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 39232006 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated July 18, 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 CIR Electrical Construction Corp., an increase in the amount of $7,856.00, as more fully described in the above communication, for work relating to the Shea's Performing Arts Center, House Electrical Rewiring, C #92010218. Funds for this project are available in CPF 39232006 - Division of Buildings. PASSED AYES -12 NOES - 0 NO. 41 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER RESTORATION OF HOUSE EXTERIOR I hereby submit to Your Honorable Body the following changes for Shea's Performing Page 27 00-0725.txt Arts Center, Restoration of House Exterior, General Construction, Summit Construction Group, Inc., C #92010217. 1.Change finish on metal copings as directed by the Project Architect. Add $ 341.00 2.Provide a concrete step at the exit door to the Main Street Alley as directed by the Bureau of Fire Prevention. Add $ 1,000.00 3.Provide a new louver to replace the existing louver below door opening E-1 2. Add $ 840.00 The foregoing change results in a net increase in the contract of Two Thousand One Hundred Eighty One and 00/100 Dollars ($2,181.00). Summary: Current Contract Amount $1,232,000.00 Amount of This Change Order (#1) Add $2,181.00 Revised Contract Amount $1,234,181.00 Costs have been reviewed and recommended by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper Co.) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 39232006 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated July 18, 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 Summit Construction Group, Inc., an increase in the amount of $2,18 1. 00, as more fully described in the above communication, for work relating to the Shea's Performing Arts Center, Restoration of House Exterior, C #92010217. Funds for this project are available in CPF 39232006 - Division of Buildings. PASSED AYES -12 NOES - 0 NO. 42 ERIE BASIN MARINA - PHASE VII CHANGE ORDER NO. 1 ITEM NO. 143, C.C.P. 1/11/00 I hereby request permission from your Honorable Body to authorize the Commissioner of Public Works, Parks & Streets to issue a change order to Visone Construction Inc., in an amount not to exceed $30,000.00 for the dredging of the Buffalo River adjacent to the Erie Basin Marina. The dredging to be performed will be along the Erie Street wall between the entrance of the Erie Basin Marina and the Vietnam Veteran's Memorial. This dredging is necessary to accommodate larger ships that have already begun arriving at the port of Buffalo due to the promotion of the Inner Harbor. The new Inner Harbor presently under construction when complete will not be able to accommodate ships of this size. Contract Summary: Original Contract Amount$171,132.50 Change Order No. 1$30,000.00 New Contract Amount$201,132.50 Funds for this additional work are available in Division of Engineering Bond Fund #33034506 and #34310506-445100. Mrs. LoTempio moved: Page 28 00-0725.txt That the above communication from the Commissioner of Public Works dated July 20, 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 Visone Construction Inc., an increase in the amount of $30,000.00, as more fully described in the above communication, for the dredging of the Buffalo River adjacent to the Erie Basin Marina. Funds for this project are available in Division of Engineering Bond Fund #33034506 and #34310506-445100. PASSED AYES -12 NOES - 0 NO. 43 DEBRIS AT HOYT LAKE This department has been asked to respond to the referenced item dealing with the condition of Hoy Lake (Delaware Park Lake). I must take immediate objection to the statement that the trash rack at the lake has been declared "an engineering mistake". Anyone who believes this is misinformed about the history of the Lake on the problems that were encountered and solved by the Delaware Park Lake Restoration Project, which took place from 1979-1982. Frederick Law Olmstead may have been a renowned and truly gifted landscape architect, but he lacked knowledge as a hydrologist. During the development of Delaware Park, and upon encountering Scajaquada Creek, he decided to widen the creek just west of Delaware Avenue and thus created the lake. He failed to consider the lack of a fresh water supply, and lacked the vision to realize that development of the area would spread east into Cheektowaga, thus providing substantiate trash deposits into the creek. These trash deposits, along with sanitary waste found their way along the creek and ended up being deposited into Delaware Park Lake. In the early 1970's, the Scajaquada Tunnel Interceptor was constructed and diverted most of the sanitary run-off from the creek. At that time a project was developed with the intention of diverting Scajaquada Creek around the lake, dredging the sediment that had been deposited in the lake over the years, and providing a source of fresh water for the lake. The earthen dam located in the southeast corner of the lake area separates the creek from the lake by diverting the creek's waters into twin by-pass conduits. At the time that the berm was being designed our engineers had the task of balancing the hydrological needs of the diversion with the aesthetics of the park. In order to insure that no overflow events between the creek and the lake would occur, the earthen dam would need to be at least 20 feet higher than it is today. In order to protect the aesthetics of this area it was agreed that the berm be constructed at the level that exists today, knowing full well that several overflow events might occur each year. Realizing that debris in the creek would continue to be a problem, something needed to be designed to prevent the debris from entering the bypass conduits and restricting the flow of the creek, which would cause even more overflows into the lake. The options for the trash rack were at the inlet of the by-pass conduits (where they are currently located), at the easterly bridge that carries Delaware Avenue over the creek, at the effluent of the underground portion of the creek, or at the origin of the underground section of the creek which Page 29 00-0725.txt is located in Cheektowaga. The Town of Cheektowaga objected to the construction of the trash rack at the entrance to the underground portion of the creek because removal of the debris at that location would be a maintenance problem for them and the rack might increase the possibility of flooding caused by ice jams. Locating the rack where the underground section of the creek ends was not recommended because the accumulation of debris in this conduit could cause potential blockages, which could result in devastating flooding along the creek. If the rack were constructed at the eastern bridge carrying Delaware Avenue over the creek, the trash would have built up in Forest Lawn Cemetery and would have caused an aesthetic and maintenance problem for them. The decision was made t locate the rack at the inlet to the by-pass conduits, knowing that the exposed section of the creek would become unsightly and odorous. It was a trade-off that needed to be made and it was hoped that with frequent clean-ups of the trash rack, the area would remain somewhat clean. Employees of this department check the conditions of the trash rack often. Clean up of the rack is done as needed and based upon the availability of manpower. Since the beginning of this year the rack has been cleaned eight times; on January 7 and 24, February 7 and 25, March 6, April 11, May 23 and June 28. For the past several years this department has requested capital project funds for the dredging of this lake and the creek. We feel that this will certainly help alleviate some of the problems on the eastern end of the lake. With respect to the trash rack itself, we see very few solutions. We could remove the rack altogether, and allow debris to enter the conduit. This is not recommended however, because should debris congregate within the conduits and cause a jamb, significant flooding could occur in the area. The covering of the exposed area of the creek within the park was also considered. This is not recommended because it will effect the natural hydrology of the creek and cause flooding of Delaware Avenue and Forest Lawn. The placing of a second trash rack in Cheektowaga at the beginning of the underground section of Scajaquada Creek remains the most viable option. In the meantime, this department will continue to monitor the trash rack area and will clean it whenever necessary and sufficient manpower and equipment is available. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 44 D. REUVAIN-WATER METER RATE INCREASES The referenced item was referred to American Water Services for a response. I must once again respectfully request that request for response on any items dealing with the Buffalo Water System be directed to the Department of Public Works, Parks and Streets for coordination purposes. Ms. Reuvain's contention that metered water rates were increasing by 9% and that flat rates were increasing by 3% is totally inaccurate. The fact of the matter is that beginning with the 1997-98 fiscal year through the current fiscal year the vast majority of residential water customers have enjoyed a 8% rate reduction in their water charges. The increases that Ms. Reuvain is referring to are for sewer charges. Those increases were instituted by the Buffalo Page 30 00-0725.txt Sewer Authority, not the Buffalo Water Board or American Water Services. However, through their agreement with the Buffalo Sewer Authority, the Water Board is responsible for billing and collecting sewer rents. REFERRED TO THE COMMITTEE ON FINANCE NO. 45 A.A. KAMOCHE-LANDSCAPING BUSINESS MARKET The referenced item was referred to this department for response. The communication from Mr. Kamoche is a proposal to cut vacant City owned lots for a set fee. Should the City decide to utilize private contractors for such a service, we would be required to publicly bid this service in accordance with the requirements of New York State Finance Law. Mr. Kamoche would be allowed to respond to such a request for bids provided his firm met the minimum requirements of the bid. REFERRED To THE COMMITTEE ON FINANCE Mr. Brown Now Took His seat at 2:30 pm. NO. 46 PERMISSION TO HIRE CONSULTANT, DESIGN, BID AND CONSTRUCT HOPE VI INFRASTRUCTURE $500,000 - 2000-01 CAPITAL BUDGET Permission is requested from your Honorable Body to hire an engineering consultant to assist our department in design, bidding and construction of the Hope VI Infrastructure Project. This project involves improvements to Trenton and Efner Streets and storm sewer modifications to facilitate the Hope VI Project. Engineering fees are not expected to exceed $50,000.00 and funds are available in the Capital Project Reserve for Planning Account. Construction and inspection funds will be available from a future bond sale in the amount of $500,000.00. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated July 20, 2000 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to hire an engineering consultant to assist their department in design, bidding and construction of the Hope VI Infrastructure Project for the improvements to Trenton and Effier Streets and storm sewer modifications to facilitate the Hope VI Project. Funds for this project from a future bond sale will be available in the amount of $500,000.00. PASSED AYES -13 NOES - 0 NO. 47 SECOND CHANGE IN CONTRACT 91995100 ALLENDALE THEATER INTERIOR RENOVATION - HVAC During the construction of the above project, certain items that were unforeseen at the time the bids were let required attention. Therefore, we recommend that the following change by made to Contract 91995100 with John W. Danforth Co. Increase size of fan horsepower for rooftop Unit - 4 along with belt, sheave and air balance report.Add$ 1,046 Contract Summary: Page 31 00-0725.txt Original Contract Amount$25, 129 Change Order No. 1445 Change Order No. 2 (This Increase)1, 046 New Contract Amount$26,620 Foit-Albert Associates, Project Architects have reviewed and approved this cost. Funds for this extra work are available in MUNIS 34640106. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to John W. Danforth Co. as outlined above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated May 16, 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 John W. Danforth Co., an increase in the amount of $1,046, as more fully described in the above communication, for work relating to the Allendale Theater Interior Renovation - HVAC, Contract 91995100. Funds for this project are available in MUNIS 34640106. PASSED AYES -13 NOES - 0 NO. 48 REMOVAL OF WOOD POLE AT 104 SPRUCE STREET Dear Council President Pitts: Please be advised that we have notified Niagara Mohawk of the wood service pole at 104 Spruce Street. Mr. James Perez of Niagara Mohawk has assured us that the pole will be removed as soon as possible. The wood pole was used as a service pole to build the new home at 104 Spruce. It does not present an imminent danger to the homeowner. If you need any further information, please call me at 851-5636. Very truly Yours, RECEIVED AND FILED NO. 49 APPT ELECTRICIAN PROV APPT Appointment Effective July 11, 2000 in the Department of Public Works, Parks & Streets, Division of Engineering to the Position of Electrician, Provisional Appointment at the Intermediate Starting Salary of: $ 26,756 David R. Warden, 428 Herkimer Street, Buffalo, NY 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 50 APPT HEAVY EQUIP OPER PERM INTER Appointment Effective July 10, 2000 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Heavy Equipment Operator, Permanent Appointment at the Intermediate Starting Salary of: $27,905 Robert Pikuzinski, 76 Unger Avenue, Buffalo, NY 14210 Victor V. Velardi 238 Starin Avenue Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 51 APPT SENIOR ENGINEER STRUCTURAL PROV APPT Appointment Effective July 14, 2000 in the Department of Public Works Parks & Streets, Division Of Engineering to the Position of Senior Engineer (Structural) Provisional Appointment at the Intermediate Starting Salary of $ 48,967 Page 32 00-0725.txt Arthur Osuorah, 78 Langfield, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 52 APPT TRAFFIC SIGNAL ENGINEER SPECIALIST Appointment Effective July 11, 2000 in the Department of Public Works, Parks & Streets, Division Of Engineering to the Position Of Traffic Signal Specialist Provisional Appointment at the Maximum Starting Salary of $ 30,708 Michael Agostino 44 Tacoma Avenue, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 53 CHAPTER 129 - CERTIFICATE OFOCCUPANCY On June 22, 1993, the Common Council amended Buffalo Code Chapter 129 dealing with Certificates of Occupancy. The amendment provided that Certificates of Occupancy shall have a three (3) year expiration term to ensure that multiple dwelling are reviewed periodically (i.e. every three (3) years) to protect the life, health and safety of residents. Buffalo Code Section 129-9(A). This amendment represented a substantial change from past practice in that prior to the 1993 amendment a Certificate of Occupancy issued by the City had no stated expiration term and remained in effect indefinitely. On or about June 12, 1995, the City was sued in an action seeking to declare the 1993 amendment unconstitutional (Richard R. Gritzke d1bla Eagle Management v. City of Buffalo, et al, Erie County Index No. 95-5330). The lawsuit alleged five (5) separate causes of action as follows: (1) that the 1993 amendment was prohibited by State law; (2) that the City's enactment of the 1993 amendment conflicts with State law; (3) that the City's enactment violates the plaintiff s right to due process; (4) that the City's enactment violates the plaintiff's right to equal protection under the law; and (5) that the City's enactment presents an issue regarding the Fourth Amendment's prohibition against warrantless searches. After discovery was completed, the plaintiff moved for summary judgment as a matter of law in or about May of 1997. The City cross-moved for summary judgment arguing that we were entitled to judgment as a matter of law and that the plaintiff s causes of action should be dismissed. In or around November, 1998, Justice Edward A. Rath, Jr. ruled in the City's favor on the first four (4) causes of action; however, the Judge ruled in the plaintiff's favor on the plaintiff's fifth cause of action relating to warrantless searches. As a result, the Judge enjoined the City from enforcing the "search provisions" of Buffalo City Code Section 129-9. Buffalo City Code Section 129-9 does not contain any explicit "search provisions". The Judge's ruling is based primarily on two United States' Supreme Court cases (Camara v. Municipal CT. 387 US 523; See v. City of Seattle, 387 US 541) and a New York Court of Appeals case (Sokolov v. Village of reeport, 52 NY2d 341 (198 1). Those cases generally hold that the protections against unreasonable searches under the Fourth and Fourteenth Amendments apply to administrative inspections by municipal code enforcement officials as well as criminal investigations by police officials. Sokolov, specifically struck down an ordinance provision that compelled periodic Page 33 00-0725.txt warrantless inspections of rental units. Based on the authority cited above, it is extremely unlikely that an appeal of the Judge's ruling would be successful. The most practical solution is to simply amend the ordinance to create a mechanism that would permit. individuals to exercise their right to be free from unreasonable searches without penalty and at the same time provide a method for the City to determine that the property meets all applicable building and housing codes. To that end, the Law Department requests that you authorize the Corporation Counsel to prepare an ordinance amendment to Chapter 129 to effectuate the goals of this communication. ADOPTED FROM THE COMMISSIONER OF PERMIT AND INSPECTION SERVICES NO. 54 USED CAR DEALER 1503 WILLIAM Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Use Car Dealer License located at 1503 William and find that as to form it is correct. I have caused an investigation into the premises for which said application for a Used Car Dealer License is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspector, I find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Daniel Glaser. The attached thereto for Daniel Glaser d/b/a Motorsport Buffalo Inc. located at 1503 William. This request is submitted for your approval or whatever action you deem appropriate. Mrs. LoTempio moved: That the above communication from the Commissioner of Permit & Inspection Services dated July 20, 2000, be received and filed; and 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 Daniel Glaser d/b/a Motorsport Buffalo, located at 1503 William Street. PASSED AYES -13 NOES - 0 FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 55 REMOVAL-"FREE OF CHARGE" PARKING - METERS FOR DISABLED I concur with the proposed ordinance change pertaining to Subsection 49 of Section 15 of Article 1, pertaining to parking privileges of disabled persons that was submitted by the Department of Public Works. This ordinance was designed for the disabled person to have accessibility at the parking meter in order to park close to their destination. After observing the parking problems, which occur because of this existing ordinance, I believe the intention of this ordinance has been misconstrued, it is now free parking instead of accessibility. This has caused parking problems. Therefore, I feel it is necessary to eliminate free parking at the meters, so we can be fair and equitable to all Parker's, so the meters are accessible not only for the Page 34 00-0725.txt disabled individual but those individuals who frequently park at the meters whether it is to visit or shop downtown, at the hospitals and neighborhood business districts where short term parking is a necessity. I ask your honorable body to approve the amendments to the traffic ordinances of the City of Buffalo, chapter 475 as submitted by the Department of Public Works. If you have any other further concerns or questions, please feel free to contact me. REFERRED TO THE COMMITTEE ON LEGISLATION FROM COMMISSIONER OF COMMUNITY SERVICES NO. 56 PERM INTER INTO CONTRACT NYS DEPT CRIMINAL JUSTICE SERVICES Action Requested of the Council: The Division for Youth asks permission to enter into a contract for a grant of $45,000.00 from New York State Department of Criminal justice Services (DCJS) to fund an expansion of a highly successful existing long behavior modification program operating in the Buffalo Public Schools. The Mayor supports the program and has signed the contract. Division requests the following two actions from the Council: 1. .Please grant the Division for Youth permission to enter in and accept the contract as proposed by the Department of Criminal Justice Services, and, 2.Please approve our request for an inter-fund loan in the amount of $45,000.00 to Operate the program until reimbursements are received from the State Department of Criminal Justice Services. We expect the city to be 100% reimbursed for any expenses incurred operating the program during the second year. CONTRACT PERIOD 311100 - 2/28/00 (>Program Description- Project L.E.E. (Learning and Earning Experience) is an aggressive and intensive long term behalf modification program presently serving 400 children on a weekly basis at Public Schools number 44, 53, 57, 68, 71 and Buffalo Alternative High School. The coal is to expand the program to service additional 115 individuals by adding Roosevelt Academy expanding the Alternative High School outreach. The program is designed to reach children ages 10 to 15 by accessing anti-social behalf affecting the student at all personal impact levels including individual, family, school based and community based risk factors providing long- term follow through alternatives. After assessment, anti-social behavior will be modified by workshops and seminars emnphasizing the importance of individual and community self respect, academic success equating to life achievement, and a hard took the consequences of pursuing defeat by exposing the students to all manner of criminal justice settings (for example, a scared straight prison visit). Emphasis will be on reaching students starting from the fifth grade with constant follow through to the 9th grade. 01 students, from 15 years on up, will be given practical job survival training emphasizing their role in failure through negative personal traits. Employment will be sought for candidates after training. Several businesses are involved in making the employment aspect of program work. A cooperative community relationship keying in on individual leadership will be fostered by the program. Measurable objectives assigned to the project arc: 1. Identify individual needs by pre and post testing, surveys Page 35 00-0725.txt and recommendations by concerned Individuals 2. Assess academic problems and address needs. 3.Address individual risk issues with emphasis on intervention and positive development, 4.Provide students with long range alternative planning through an individual "life plan" developed by each student; 5.Increase resiliency of youth by alternatives training, community intervention and leadership education and related situations to practice skills learned; 6.Providing educational and employment opportunities through the program. Program performance measures will include community involvement, job placement, grade point average changes, Situation leadership roles undertaken by the student, truancy declines and family involvement in the program. The Program oversight agencies are the Buffalo Division of Youth and Buffalo Public School number 57 with oversight be. undertaken by the principal of school 57 and Youth. The program is to be run by the Reverends Eugene and Terriann Coplin through the Project L.E.E. Ministries.< Mrs. LoTempio moved: That the above communication from the Department of Community Services, dated July 11, 2000, be received and filed; and That the Division of Youth be, and they hereby are authorized on behalf of the City to enter into a contract for a grant of $45,000.00 from the New York State Department of Criminal Justice Services for the Project Learning and Earning Experience. Authorized the Comptroller to provide an interfund cash loan in the amount of $45,000.00 to operate the program until reimbursements are received from the State Department of Criminal Justice Services. PASSED AYES -13 NOES - 0 FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 57 POLICE OFFICER EXAM In response to your resolutions regarding the Police Officer examination, be advised of the following: 1)The examination was designed, administered and rated by SHL Landy Jacobs & Associates under the scrutiny of the United States Division of Justice, Civil Rights Division and with the input of the Buffalo Municipal Civil Service Commission and the Corporation Counsel. Please refer to the Department of Law's response (A) dated July 3, 2000 for further information. 2)The weights of the 4 separate tests will be disclosed to candidates at the computational review scheduled for August 17 and 18, 2000. Please refer to the Department of Law's response (B) dated July 3, 2000 for further information. 3)Please refer to the Department of Law's response (C) dated July 3, 2000 regarding the qualifications of SHL Landy Jacobs & Associates. For administration of the oral portion of the examination retired supervision ranked Police Officers and teachers were used to rate this test. The panels consisted of one police officer and one teacher. All panel members participated in an intense hands-on training session before testing began. 4)The communications (oral) test was designed to measure how well a candidate can perform oral comprehension and oral expression. No determination was made by the raters as to whether or Page 36 00-0725.txt not a candidate would be a capable police officer. 5)The examination process underwent a normal review process with intense scrutiny of the Division of Justice; for each test component. The involvement of the Division of Justice, the use of multiple test components and the large number of candidates to be tested all contributed to a lengthy testing process. 6)In response to your referral to the police officer examination administered in 1995, the Federal Judge allowed the Commission to use the New York State prepared exam with the understanding that a consultant prepared exam would follow. Of the 2030 candidates that participated in the exam we have received only 162 requests for computational review of the exam. (see attached sheet for a breakdown of candidate participation by race and gender identification.) REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 58 APPT SR STENO TEMP COMP INTER Appointment Effective July 14, 2000 in the Department of Human Resources, Division of Civil Service Commission to the Position of Sr. Stenographer temporary competitive at the intermediate Starting Salary of $ 27,080. Yvette Lucas, 208 Goulding Ave. Lwr., Buffalo, NY 14208 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BOARD OF EDUCATION FROM THE CITY CLERK NO 62 MINUTES BOARD OF ETHICS Honorable Common Council Members: Attached please find the minutes of the April 4, 2000, May 2, 2000 and June 20, 2000 Board of Ethics Meetings. All above mentioned meetings have been approved, received and filed by the members of the Board of Ethics. Sincerely, Charles L. Michaux, HI Board Member For Douglas Coppola, Chairman Board of Ethics REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 63 DISPOSITION OF RECORDS Attached please find the following disposition of records from the following departments: Financial Control of Agencies RECEIVED AND FILED NO. 64 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. AddressBusiness NameOwner's Name SportsserviceRalph Wilson Stadium SportsService 115 Chicago StDondak Inc-Donovan's Pub Dondak Inc 1197 Hertel StGarargelo's Inc Page 37 00-0725.txt Garangelo's Inc 1305 Bailey AveMood's of Buffalo IncBarbara Schurkus RECEIVED AND FILED NO. 65 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Comptroller- Joseph Ruggiero Public Works, Streets & Parks- Kevin smith RECEIVED AND FILED. NO. 66 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: City Planning Board RECEIVED AND FILED NO. 67 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mrs. LoTempio moved the approval of the appointments to the position of Council Intern. ADOPTED Appointment Effective: June 01, 2000 in the Department of COMMON COUNCIL, to the Position of INTERN II, SEASONAL NON-COMPETITIVE AT THE FLAT Starting Salary of $5.15/hr Katherine Makowski, 60 Lexington Ave., BUFFALO NY 14222 Emily Roehl, 332 Beard Ave., Buffalo, New York 14214 Charles Schmidt, 98 Woodward Ave., Buffalo, New York 14214 Vashun Liggans, 74 Courtland Ave., Buffalo, New York 14215 Margaret 0'Sullivan, 201 Summit Ave., Buffalo, New York 14214 Arthur Nowak, 50 Inwood Pl., Buffalo, New York 14209 David Schoenwetter, 438 Huntington Ave., BUFFALO NY 14214 Tiffany Fanning, 120 Sanders Rd., Buffalo, New York 14216 Kelly Bush, 73 Parkside Ave., Buffalo, New York 14214 Amanda Nowadly, 62 Wellington Rd., Buffalo, New York 14216 Christina Russell, 749 Plarkside Ave., Buffalo, New York 14216 Caitlin Bollenbach, 130 Russell Ave., Buffalo, New York 14214 Wardell Ross, 515 Clinton, Buffalo, NY 14204 David White, 734 Sycamore Street, Buffalo, NY 14212 Tammy Gains, 96 Eaton St., Buffalo, NY 14209 Portland Gaiter, 214 S. Division, Buffalo, NY 14204 Tracy Garner, 36 Edna Place, Buffalo, NY 14209 Michael Cherry, 411 Ashland Ave., BUFFALO NY 14222 Ashley Jackson, 726 Tacoma Ave., Buffalo, New York 14216 Jennifer Snyder, 175 Stratford Rd., Buffalo, New York 14216 Page 38 00-0725.txt Brendon Cacciato, 29 Harvest Ave., Buffalo, New York 14216 David Henneberry, 655 Marilla St., Buffalo, New York 14220 Daniel Pfohl, 248 Villa Ave., Buffalo, New York 14216 Appointment effective in the Department of Common Council to the Position of Intern I, Seasonal, Non Competitive at the Flat Starting Salary of $7.00/hr Kathleen Quinn, 101 Downing, Buffalo, NY 14220 John Schieber, 164 Dundee St., Buffalo, NY 14220 Appointment Effective July 05, 2000 in the Department of COMMON COUNCIL to the Position of INTERN II, SEASONAL, NON-COMPETITIVE AT FLAT Starting Salary of $5.15/hr Anne Kurkowski, 281 Norwalk Ave., BUFFALO NY 14216 Venezia Appleby, 60 Winston Rd, Buffalo, New York 14216 Charles LaMendola, 218 Bedford Ave., Buffalo, New York 14216 Matthew Bavaro-Phelan, 236 McKinley Pkwy, Buffalo. NY 14220 Renee Henneberry, 655 Marilla St., BUFFALO, NY 14220 Andrew Przybylak, 17 Pawnee Pkwy., BUFFALO, NY 14210 Kevin Quinn, 369 Eden St., BUFFALO, NY 14220 Thomas Ransford, 122 Weyand St., BUFFALO, NY 14210 Lillie Schmidt-O'Connor, 190 Cumberland Ave., BUFFALO, NY 14220 Bethann Stutz, S2 Shenandoah, BUFFALO, NY 14220 Jessica Summerville, 78 Edgewood Ave., BUFFALO, NY 14220 Patrick Summerville, 78 Edgewood Ave., BUFFALO, NY 14220 Christopher Wirth, 277 McKinley Pkwy., BUFFALO, NY 14220 Kelley Murphy, 160 Shenandoah, BUFFALO, NY 14220 Kevin Murphy, 58 Brost, BUFFALO, NY 14220 MaryKate Oakley, 134 Choate Ave., BUFFALO, NY 14220 Thomas Oakley, 390 Okell St., BUFFALO, NY 14220 Sean Potoczala, 76 Amber, BUFFALO, NY 14220 William Scahall, 30 Salem, BUFFALO NY 14220 Ann Zagare, 123 Morris Ave., BUFFALO NY 14214 Elizabeth Zagare, 123 Morris Ave., Buffalo, New York 14214 Jenna Johnson, 18 Elam Pl., Buffalo, New York 14214 Kaileen McDonald, 830 Tift St., BUFFALO, NY 14220 Timothy Meldrum, 122 Altruria, BUFFALO, NY 14220 Kara Messina, 33 Whitfield, BUFFALO, NY 14220 Valerie Mills, 27 Dallas Rd., BUFFALO, NY 14220 Frederick Mount, 121 Geary St., BUFFALO, NY 14220 John J. Echeverria, 133 Cushing, BUFFALO, NY 14220 Alexandria Fumanti, 22S Columbus Ave., BUFFALO, NY 14220 Meghan Jung, 46 Stevenson St., BUFFALO, NY 14220 Amanda Keith, 186 Melrose St., BUFFALO, NY 14220 Jose Lopez, 61 Lilac St., BUFFALO, NY 14220 Ryan Brancato, 46 Edgewood Ave., BUFFALO, NY 14220 Brittany Carey, 2387 Seneca St., BUFFALO, NY 14210 Daniel Connors, 124 Coolidge Rd., BUFFALO, NY 14220 Andrew Decker, 67 North Ryan St., BUFFALO, NY 14210 Jennifer Doyle, 35 Sheffield Ave., BUFFALO, NY 14220 Amanda Mango, 709 Abbott Rd., BUFFALO, NY 14220 Joseph Morgan, 60 Carlyle Ave., BUFFALO, NY 14220 Philip Morgan, 60 Carlyle Ave., BUFFALO, NY 14220 Sean Paul, 68 Dundee, BUFFALO, NY 14220 Anthony Vitali, 86 Strathmore Ave., BUFFALO, NY 14220 Steven Butler 134 Hubbell Ave., BUFFALO NY 14220 Page 39 00-0725.txt Frances J. Herlihy, 21 Pritchard St., BUFFALO, NY 14220 Ashlei Jachimowicz, 822 Tift St., BUFFALO, NY 14220 Corey Kaczmarczyk, 99 Stevenson St., BUFFALO, NY 14220 Donald, Labby, 50 Norman Ave., BUFFALO, NY 14220 Erik Bohen, 141 McKinley Pkwy, Buffalo, NY 14220 Demetrius Malcolm, 156 University Ave., BUFFALO NY 14214 Kate Nowadly, 62 Wellington Rd., BUFFALO NY 14216 Theodore Schmidt, 98 Woodward Ave., Buffalo, NY 14214 Kelly Gallaway, 111 W. Humboldt Pkwy, Buffalo, NY 14214 Anthony Conrad, 5 New Amsterdam Ave., Buffalo, NY 14216 Christopher Mordino, 29 Standish Rd., Buffalo, NY 14216 Michael Baco, 254 Taunton place, Buffalo, New York 14216 Appointment Effective: July 5, 2000 in the Department of COMMON COUNCIL, to the Position of INTERN IV SEASONAL NON-COMPETITIVE AT THE FLAT Starting Salary of $6.00/hr Tracy Cavalleri, 30 Henley Rd., BUFFALO NY 14216 Appointment Effective: July 06, 2000 in the Department of COMMON COUNCIL, to the Position of INTERN II, SEASONAL, NON-COMPETITIVE at the FLAT Starting Salary of $5.15/hr Fairley, Dionne, 187 Martha Ave., Buffalo, NY 14215 Bailey, Maikka T., 269 E. Delavan Ave., Buffalo, NY 14208 Kirkland, Justin, 489 Linwood Ave. Buffalo, NY 14209 Loman, Tempest N. 155 Sears St., Buffalo, NY 14212 Spates, Shaunta A., 147 Zenner St., Buffalo, NY 14211 Alexander, Denisha, 211 Olympic Ave., Buffalo, NY 14215 Holley, Mekeda R., 31 St. Paul Mall, Buffalo, NY 14209 Kasumu, Jamil A., 2128 Genesee St., Buffalo, NY 14211 Smith, Fanta A., 145 St. Louis St., Buffalo, NY 14211 Appointment Effective July 06, 2000 in the Department of COMMON COUNCIL to the Position of INTERN VI, SEASONAL, NON-COMPETITIVE AT THE FLAT STARTING SALARY OF $10.00/HR Gray, Richard, 161 E. Utica St., Buffalo, NY 14209 Appointment Effective 7/7/00 in the Department of COMMON COUNCIL to the Position of INTERN I, SEASONAL, NON-COMPETITIVE at the flat starting salary of $7.00/hr Bianca Campbell, 340 Millicent, Buffalo, New York 14215 Raymond Beale, 84 New Amsterdam Ave., Buffalo, New York 14216 Appointment Effective 7/17/00 In the Department of C0MMON COUNCIL to the Position of INTERN II, SEASONAL NON-COMPETITIVE AT THE FLAT Starting Salary of $5.15/hr Monique Walton, 50 Hagen Street, Buffalo, New York 14211 Elena A. Russell, 25 Shirley Ave., BUFFALO NY 14215 Appointment Effective 7/10/99 In the Department of COMMON COUNCIL to the Position of INTERN I, SEASONAL, NON-COMPETITIVE at the flat starting salary of $7.00/hr Michael Merriweather, P.O. Box 291, Buffalo, New York 14215 Appointment Effective 7/10/99 In the Department of COMMON COUNCIL to the Position of INTERN II, SEASONAL, NON-COMPETITIVE at the flat starting salary of $5.15/hr Jessica Melson, 122 Kay Street, Buffalo, UFFALO,NEW YORK 14215 Jessica Smith, 109 Woodlawn, Buffalo, NY Page 40 00-0725.txt Tiffany Benning, 36 Carl St., Buffalo, NY 14215 Kristen Coggins, 826 Glenwood Avenue, Buffalo, NY 14211 Lashandra Cooperwood, 85 Manhattan, Buffalo, NY 14215 Quenisha Graham, 98 Bennett Village, Buffalo, NY 14214 Fard Dunn, 49 Wyoming, Buffalo, NY 14215 Carlos Jones, 498 Best St., Buffalo, NY 14208 Brandon Lee, 674 Woodlawn Avenue, Buffalo, NY 14211 Akeem Long, 79 Richlawn Avenue, Buffalo, NY 14215 Daniel Maritato, 10 Traymore, Buffalo, NY 14216 Nasr J. Muhammed, 41 Burke Drive, Buffalo, NY 14215 Darryl Richardson, 74 Hedley Place, Buffalo, NY 14208 Gary Scaife, 495 Woodlawn Avenue, Buffalo, NY 14208 Asma Stovall, 129 Bennett Village, Buffalo, NY 14214 Quincy Thomas, 364 Kensington Avenue, Buffalo, NY 14214 Daniel Maritato, 10 Traymore, Buffalo, NY 14216 Jamell Turner, 215 Herman Street, Buffalo, NY 14211 Johnnie Tyson, 817 Humboldt Pkwy., Buffalo, NY 14208 Deneena Walker, 489 Dartmouth Avenue, Buffalo, NY 14215 Regina Willoughby, 90 Greenfield Avenue, Buffalo, NY 14214 Kyma Dickinson, 63 John Paul Ct., Buffalo, NY 14218 Appointment Effective July 10, 2000 in the Department of COMMON COUNCIL, Division of to the Position of INTERN VI, Seasonal, Non Competitive at the flat Starting Salary of $10.00 Rebecca Kelly, 495 Woodlawn Avenue,Buffalo, NY 14208 Appointment Effective July 10, 2000 in the Department of COMMON COUNCIL to the Position of INTERN V, Seasonal, Non Competitive at the Flat Starting Salary of $8.00/hr Kelli Daniels, 98 Arden Avenue, Buffalo, NY 14215 Appointment effective July 11, 2000 in the Department of COMMON COUNCIL to the Position of INTERN II, Seasonal, Non Competitive at the flat Starting Salary of $5.15/hr Malcolm Hicks, 170 Hughes, Buffalo, NY 14208 Jerry McGrier, 42 Gerald Place, Buffalo NY 14215 Demone Frazier, 1 Kenfield CT, Buffalo NY 14215 Tyshyka T. Long, 184 Maple ST., Buffalo NY 14204 Alex Archer, 1342 Amherst, Buffalo NY 14215 Appointment Effective: July 20, 2000 in the Department of COMMON COUNCIL, to the Position of Intern II, Seasonal, Non Competitive at the Flat Starting Salary of $5.15/hr Quala Blakely, 516 Genesee Street, Buffalo, New York 14204 NO. 68 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 July 21 st in the Department of Executive, Division of Mayor to the Position of Intern II, Seasonal Non-Competitive at the Flat Starting Salary $5.15/hr Felecia Falzone, 60 Manchester Pl, Buffalo, NY 14213 Appointment Effective July 7th in the Department of Executive, Division of Mayor to the Position of Intern II, Seasonal, Non-Competitive at the Flat Starting Salary of $5.15/hr Condy Richard, 397 Olympic Ave., Buffalo, NY 14215 Marcus Rogowski, 125 Ridgewood Rd., Buffalo, NY 14220 Page 41 00-0725.txt Emily Trimper, 56 Berkley Pl., Buffalo, NY 14209 Michael Martin, 19 Fernhill Ave. Buffalo, NY 14215 Aaron Clanton, 42 Woodlawn Ave., Buffalo, NY 14209 NO. 69 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Appointment Effective: July 11, 2000 in the Department of: Administration & Finance, Division of: Inventory & Stores to the Position of: Laborer II (Seasonal) Appointment at the Flat Starting Salary of $6.92/hr Carl Sciortino, 351 Hampshire St., Buffalo, NY 14213 Appointment Effective July 12, 2000in the Department of Stadium & Auditorium, Division of 1-Dunn Tire Park to the Position of Laborer I Seasonal, Non-Competitive at the Flat Starting Salary of $6.22/hr Sidney Brown, 42 Edna Place, Buffalo, 14208 Appointment Effective in the Department of Executive Department Division of Citizen Services to the Position of Laborer I, Seasonal, Non-Courpetitive at the Flat Starting Salary of $6.22/hr Allision O'Leary, 16 Lafayette Avenue, Buffalo, New York 14213 Roxey Hatten, 50 Cambridge Avenue, Buffalo, New York 14215 Laquita White, 189 Coit St., Buffalo, N.Y. 14212 Domenic Alongi, 63 Villa Avenue, Buffalo, N.Y. 14216 Appointment Effective July 5, 2000 in the Department of Public Works, Parks and Streets to the Position of Seasonal Laborer II, Seasonal, Non Competitive at the flat Starting Salary of $6.92/hr Andrae Kamoche, 30 E. Utica St., UPPER, Buffalo, NY 14209 Appointment Effective July 13, 2000 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Laborer II, Seasonal, Non-Competitive, at the Flat Starting Salary $6.92/HR Phillip E. Anderson, 125 Shumway St., Buffalo, NY 14206 James C. Cavanaugh, 19 Sumner Place, Buffalo, NY 14211 Daniel L. Hussar, 86 Roma, Buffalo, NY 14215 Salvatore A. LoDestro, 21 Rosedale St., Buffalo, NY 14207 Jeffrey J. Mathewson, {454 Breckenridge St. Buffalo, NY 14213 Willie Pennyamon, 24 Paderewski, Buffalo, NY 14212 Donald Pieczynski, 17 Krakow St., Buffalo, NY 14206 Daniel J. Pugh, 79 Altruria St., Buffalo, NY 14220 Phillip Swaringer, 502 swan St., Buffalo, NY 14204 Appointment Effective July 18,2000 in the Department of Public Works, Parks, Streets, Division of Recreation to the Position of Lifeguard, Seasonal , non competitive at the Flat Starting Salary of Chayane Arroyo, 447 Ontario Street, Buffalo 14207 Christine Wisz, 81 Liddell, Buffalo 14212 Appointment Effective July 10, 2000 in the Department of Public Works, Parks and Streets to the Position of Seasonal Laborer II, Seasonal, Non-Competitive at the Flat Starting Salary of $ 6.92/hr Jack J. Alagna, 23 Lovering Avenue, Buffalo, NY 14216 Page 42 00-0725.txt Paul P. Alagna, 23 Lovering Avenue, Buffalo, NY 14216 Appointment Effective July 19, 2000 in the Department of in the Department of Public Works, Parks & Streets, Division of Recreation to the Position of Lifeguard Seasonal Non competitive at the Flat Starting Salary of $6.25/hr Mary Mecseii, 18 Eden, Buffalo 14220 Terrance Simmons Jr., 50 Elmer, Buffalo 14215 Appointment Effective July 14, 2000 in the Department of Public Works, Parks & Streets, Division of Recreation to the Position of Lifeguard, Seasonal Non competitive at the Flat Starting Salary of $6.25/hr Chavonne Walker, 136 Mercer, Buffalo 14214 Appointment Effective July 13,2000 in the Department of Public Works, Parks & Streets, Division of Recreation to the Position of Lifeguard Seasonal, Non competitive at the Flat Starting Salary of $6.25/hr Meghann Doherty, 139 Wesely, Buffalo 14214 Michael Gallagher, 318 Choate, Buffalo 14220 Terrance Simmons, 50 Elmer Avenue, Buffalo 14215 Appointment Effective July 10, 2000 in the Department of Public Works, Parks & Streets, Division Of Recreation to the Position of LifeguardSeasonal, Non competitive at the Flat Starting Salary of $6.25/hr Hill Lauren, 40 Highgate, Buffalo 14214 McEwen Jenell, 93 Gatchell, Buffalo 14212 Williams Shannon, 18 Polish Court, Buffalo 14210Appointments - NO. 70 TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Appointment Effective: July 17, 2000 in the Department of Community Services, Division of Contract Administration to the Position of Attendant, Temporary at the Flat Starting Salary of $6.00 /hr Linda Alston-Beckman, 212 Blaine, Buffalo 14208 APPOINTMENT EFFECTIVE July 20, 2000 In the Department of Fire, Division of Administration & Finance to the position of Ass't. Corp. Counsel I/Municipal Attorney, Permanent Appointment at the minimum Starting salary of $43,552 Christopher M. Putrino, 38 Anderson Place, Buffalo, 14222 Appointment Effective July 10, 2000 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary Appointment at the Flat Starting Salary of $10.25/hr William R. Young, 374 McKinley Parkway, Buffalo 14220 Appointment Effective July 10, 2000 in the Department of Public Works, Parks & Streets, Division of Engineering to the Position of Supervisor of Electrical, Mechanical Lift Bridges Permanent Appointment at the Minimum Starting Salary of $31,167 Thomas W. Coonly, 122 Richfi6ld, Buffalo, NY 14220 Appointment Effective July 10,2000 in the Department of Public Works Parks & Streets, Division of Parks to the Position of Community Recreation Aide, Temporary Appointment at the Minimum Starting Salary of $ 26,451.00 Kevin Smith, 176 Richmond, Buffalo 14222 Page 43 00-0725.txt BUFFALO BOARD OF EDUCATION NO. 59 BARRET ST PLAYGROUND Please be advised that remediation work for the Barret Street Playground has been completed with the exception of the replacement of the perimeter fencing, which will be done in conjunction with the completion of work for the William J. Grabiarz School of Excellence (Northwest Academy). The exception is the restoration of the basketball court. This work is not scheduled to be done based upon the request of the Community Organization, West Hertel Community Action Association through several meetings held with school planners. REFERRED TO THE COMMITTEE ON EDUCATION FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 60 NYS ECONOMIC DEVEIOPMFNT ZONE SHIFT OFOPERATION INTOAN ECONOMIC DEVELOPMENT ZONE On February 4, 1994, this Honorable Body approved a Local Law creating an Economic Development Zone (hereinafter referred to as (Zone). On July 27, 1994, the City of Buffalo was awarded a New York State Economic Development Zone, by the State of New York. Section 959(a)(111) of the General Municipal Law allows for the certification of a business enterprise that has shifted its operation From an area within the State into an FDZ. Where the shift is from an -area within the zone's municipality, into the area designated as all I"D/ within the same municipality: the governing body must approve by resolution, the shift of operations. Mrs. LoTempio moved: That the above communication from the Buffalo Economic Renaissance Corporation, dated July 20, 2000, be received and filed; and That the Common Council approves the above resolution that the City of Buffalo consents to the relocation of Lamar Advertising from 295 Maryland to the Buffalo Economic Development Zone. PASSED AYES -13 NOES - 0 NO. 61 INNER HARBOR/MEMORIAL AUDITORIUM SECTION 108 APPLICATION [C.C.P. 7/11/00; RES. 2151 Enclosed for your information are the following materials relative to the Waterfront Urban Entertainment Center/Memorial Auditorium HUD Section 108 application: Economic Impact Analysis report prepare by KPMG Schedule for finalizing Urban Entertainment Project development agreement Preliminary outline of jobs by business unit for Adelphia Communications' Buffalo Waterfront Project Urban Entertainment Center job creation analysis The job creation information for Adelphia Communications is preliminary numbers used for the economic impact analysis. As more detailed information becomes available it will be forwarded to the Common Council. The most recent commitments from Adelphia Communications propose the following jobs: Page 44 00-0725.txt New jobs at Buffalo Waterfront Project: 1,000 New Jobs in Western New York: 500 New Jobs in New York State: 500 Retained jobs in Western New York/Buffalo Waterfront: 500 Total Jobs Created/Retained:2,500 More detailed job information for the Urban Entertainment Center will be developed as tenants are secured for the project. REFERRED TO THE COMMITTEE ON STADIUM AND AUD TASK FORCE NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 71 CITY OF BUFFALO CITY WATER METER INSTALLATION PROGRAM As you are aware, the Examining Board of Plumbers has been opposed to the current use of unlicensed plumbers in installation of new meters, even though they are city employees. We have long been concerned that improper installations, and damage to property owners water lines would result. These concerns have come to be. I have personally seen a water meter installed on the hot water line, and seen meters installed at locations, which would never have been allowed in the past. Also, prior to this program, only Master Plumbers had been allowed to install meters. I have received complaints from upset property owners who have had to replace portions of their water distribution systems, which were damaged by city water employees during meter installation. In responding to a recent request from Councilmember Martino to investigate several complaints from property owners in her district, I discovered one man who was left without water after his incoming service had been broken, and told to hook up a hose to his neighbors house and repair the damage at his own expense! There are other examples, but let me get to the main issue. The Board acknowledges that in the past, city employees have replaced an existing meter with a new one. These instances usually involved a damaged or defective meter. The Examing Board has no obiection to this. It is a fairly simple procedure. However, installing a meter where one is not present involves cutting into the water line, and putting strain on older, frail piping. This needs an experienced plumber. A master plumber can almost always install a meter without damaging the existing lines. The fact of the matter is that the city employees, although dedicated workers, are not qualified to install new water meters, and will cause damage in situations that a master plumber will not. It has been reported to me that some or all of these meter installers have received compensation according to the amount of meters they install. One property owner told me how rushed the installer was prior to his damaging h%-1r'watff1 service. If true, this can only promote more problems with hurried installations. Additionally, I have received complaints from plumbing contractors on the length of time they must wait to receive inspections and taps on water services. It has been suggested that the employees are otherwise engaged in installing meters, and working on service terminations for city demolition projects. (Service termination work is a different issue, and one the board does not wish to address at this time.) Page 45 00-0725.txt During a past meeting with you, Bart Sumbrum and myself, it was clear you felt this work was proper for city employees, without master plumber's licenses, and within the limits of the law. In addition, I have reviewed your letter to the law firm of Gresens & Gillen dated 9/8/98, in response to a complaint from the Plumbing Contractors Association. In this letter your description on page 7 of the Boards powers is not the Boards sole function. The Board is also empowered to formulate plumbing rules and regulation (N.Y.S. General City Law, Art. 4 Sec. 44 (3). This City has a plumbing code, which was legally enacted in 1969 under the guidelines of Sec. 44 (3), and meters are considered a plumbing device. Your reference to the Commissioner of Public Works authority in this matter, and the subsequent Civil Service job specification for water meter mechanics, does not take precedence over the decisions of the Examining Board of Plumbers, in our opinion. Plumbing has been deemed a matter of "state concern" in previous rulings, and it is our understanding that the City cannot overrule the Boards decisions. Further reference was made to Moriarty Vs .McKenzie. The Board does not feel this ruling applies. The major distinction in this entire matter is that the work being done in that case was on a municipal project. These meter installations are being done on private owned systems, which must be maintained at the property owner's expense. It is not part of the City's distribution system that is owned and maintained by the Water Authority. It would be more properly said these meters are a part of the management or billing system. They are no more necessary to distribute water than a car's odometer is to allow it to run. And although the state has mandated the Water Authority to enact a water conservation program, such mandates must be done in accordance with the law. Therefore, under the powers granted the Board under N.Y.S. General City Law, Art. 4 Sec. 44 (3) we are officially notifying you that the Board determined that the current meter installation program is in violation of N.Y. S. General City Law, Art. 4 Sec. .53. We would respectfully request you to initiate, as soon as possible, whatever legal proceedings are required to immediately suspend the installation of any new meters. As this is admittedly a complex issue, and so far as your office must represent the Examining Board of Plumbers, and the City Water Department, we believe it would be in the public's best interest to have this matter decided by a judge, in a court of law. Again we would ask that you begin these proceedings as well. REFERRED TO THE C0MMITTEE ON LEGISLATION, COPERATION COUNSEL AND COMMISSIONER OF PUBLIC WORKS PARKS AND STREETS NO. 72 IRON MOUNTAIN BLDG ADDITION OLD BAILEY Dear City Clerk Representative, Iron Mountain Records Management Company is currently planning a building addition at 100 Bailey Ave. in Buffalo. Be advised that we have received Site Plan Approval from the Planning Board. Currently we are preparing documents for Building Permit submittal. Iron Mountain would like to submit the attached Phase I Environmental Site Assessment prepared for the site in July of 1998. If you have any questions, please call me at (617) Page 46 00-0725.txt 535-4962. RECEIVED AND FILED NO. 73 HANG BANNER ELMWOOD AVE Dear Mr. Michaux: The Allentown Association, Inc. requests permission to hang a banner across Elmwood Avenue, from the second light standard north of Allen Street on the East Side of Elmwood Avenue, from the end of July 2000 through October 2000. (We have obtained permission from the owner of 124 Elmwood Avenue, the privately owned property on the West Side of Elmwood from which the other end of the banner will be strung.) The banner will promote late summer and early fall events designated to promote the Allen/Elmwood neighborhoods. Please be assured that we will comply with all applicable requirements as imposed by the Department of Public Works. Thank you for your assistance. Please contact our office if there is any question or need for additional information. RECEIVED AND FILED NO. 74 DEAD TREE REMOVAL LIST Attached is the list of dead trees that are going to be removed under the current contract. This information was provided by Andy Rabb, city forester. RECEIVED AND FILED NO. 75 RESIDENCY ISSUES Ms. Pamela Grzebielucha Dear Mr. Golombek: I have been consulted by Ms. Pamela Grzebielucha. regarding a supposedly anonymous but clearly defamatory letter that was circulated by members of the Common Council as part of its June 15, 2000 meeting. The letter falsely accuses Ms. Grzebielucha of misrepresenting her residence with the intent of affecting her livelihood as a City employee. The Common Council recklessly included this letter in the minutes of its meeting (see item no. 89 on the aforesaid date). Please advise what, if any, additional action was taken on this letter and, if known to the Common Council, the name and address of the author of the letter. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 76 VARIOUS ISSUES ADELPHIA Thank you for your requests for information and the request of the presence of our Human Resource Manager at your July 19'h meeting. As I indicated at your July 6, 2000 meeting, we are just beginning the process of planning the construction and ultimate staffing needs and recruiting strategies for occupants of the building. I would like to have the appropriate people discuss these issues when we are further along in our planning process. I do not think we would be able to be of assistance to the Community Development Committee at this point in our planning process. REFERRED TO THE COMMITTEE ON STADIUM AND AUD TASK FORCE Page 47 00-0725.txt NO. 77 INFO SHOSHONE PARK Dear Mr. Michaux: Attached please find a copy of a letter from Ms. Judith Hellerer, a constituent of the University District in reference to concerns about Shoshone Park. Please file this letter with the Buffalo Common Council. Thank you for your time and consideration. Sincerely, REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 78 PROPERTY ADDITION IRON MOUNTAIN This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law, Reviewing Agency:Buffalo Common Council Room 901 City Hall 65 Niagara Square Buffalo, New York 14202 As per the provisions of SEQR, the Buffalo Common Council has reviewed the following action as it relates to the environment. Action Title:Building Addition, Iron Mountain Corporation - Approval of Property Transfer and Restricted Use Permit Location-10OBafteyAvenue Type of Action:Untisted/Uticoordinated Review Description:The Iron Mountain Corporation proposes to construct a 62,000 sq. ft. addition to its existing records storage facility located at 100 Bailey Avenue, Buffalo, New York. The project also includes associated landscaping, exterior lighting & various improvements to public utilities, parking for 34 cars, and a landscaped pedestrian pathway giving access to the Buffalo River. As a result of this environmental review, the Buffalo Common Council has determined that the undertaking of this action will not constitute an action significantly affecting the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental lmpact Statement will not be prepared. Reasons Supporting This Determination: The project will: prevent the establishment of incompatible land uses in this light industrial area; ensure the orderly development of the site; eliminate blighting influences-, encourage existing residents and businesses to remain in the project area and attract new residents and businesses; and generate tax revenues for the City and create job opportunities and preserve existing jobs for all residents. The few impacts identified are all construction-related impacts due to construction and landscaping activities, which will generate increased vehicle emissions, fugitive dust, and increased noise levels. These are short-term impacts only that will have a minor effect on the environment in this light industrial am, and are not significant in magnitude or effect. City codes and proper construction practices will mitigate potential adverse impacts due to construction activities. Page 48 00-0725.txt Representatives of a group known as the Friends of the Buffalo River have expressed concerns regarding the need for public access to and along the Buffalo River. The project will preserve a significant setback from the River. The project also will enhance public access to the Buffalo River through the construction of a landscaped pathway from Bailey Avenue to the River where no public access previously existed. The impacts that are likely to occur as a result of the project appear, on the whole, to be beneficial and not significant in magnitude or effect, and will not, either individually or as a whole, have a significant adverse effect on the environment. For Further information relative to this Negative Declaration, contact SPECIFY]. ADOPTED AYES - BONIFACIO, BROWN, COPPOLA, ELLIGTON, FONTANA, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, PITTS, WILLIAMS - 12 NOES - FISHER - 1 NO. 79 MASTER PLAN IMPLEMENTATION PROJECT STATE ENVIRONMENTAL QUALITY REVIEW SUPPLEMENTAL ENVIRONMENTAL ASSESSMENT TYPE I ACTION Pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law Date: July 5, 2000 INVOLVED AGENCIES: Erie County Legislature Erie County Department of Public Works Buffalo Common Council NYS Office of Courts Administration NYS Office of Children & Family Services Buffalo Department of Public Works INTERESTED AGENCIES: Erie County Executive, Hon. Joel A. Giambra City of Buffalo - Hon. Anthony M. Masiello, Mayor Erie County Clerk, David Swarts NYS Office of Parks, Recreation and Historic Preservation NFTA NYS Department of Environmental Conservation, Region 9 Erie County Preservation Coalition Women for Downtown Buffalo Place Landmark Society of the Niagara Frontier NAME OF ACTION: Erie County Courts Master Plan Implementation Project LOCATION: Niagara Street, between Eagle and Franklin Street City of Buffalo, Erie County PROJECT NUMBER: C617- 98-405a DESCRIPTION: Permanent closure of Niagara Street to vehicular traffic between Eagle Street and Franklin Street. Area will be incorporated into a pedestrian plaza at the new family courthouse building. Erie County has identified this project as a Type I action for the purpose of SEQR. Erie County was granted lead agency status for this project on July 1, 1998, pursuant to Part 617.6(h). An Environmental Impact Statement (EIS) for the Erie County Master Plan Implementation Project was prepared in 1998-99, and the Erie County Commissioner of Public Works Page 49 00-0725.txt issued a Negative Declaration on April 27, 1999. The EIS included a traffic study which analyzed a number of alternative street reconfigurations, including the now-proposed closing of Niagara Street to vehicular traffic. Originally, this alternative was not considered for implementation, as it was then thought desirable to provide space for curbside dropoffs at the main courthouse entrance. Subsequently, project planners from various county, city and state agencies have determined that a closure of Niagara Street to vehicular traffic will increase pedestrian safety and eliminate potential pedestrian/vehicular conflicts. Since this action constitutes a change in the original project, this supplemental environmental assessment is being distributed for comment. Any involved or interested agency may submit comments in writing within thirty (30) days of the date of this notification. A preliminary finding that the project will not have a significant effect on the environment has been made by Erie County. The County anticipates issuing a supplemental negative declaration. The EAF is attached for your review. Written comments may be submitted to: Michael J. Krasner, Senior Planner Erie County Department of Environment and Planning, Room 1053 Rath Building, 95 Franklin Street Buffalo, NY 14202 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 80 TREE STUMP REMOVAL The attached information was provided by the parks department. This list of addresses was forwarded to the contractor for stump removal. RECEIVED AND FILED NO. 81 AMERICAN BROADBAND, INC.'S REQUEST TO BUILD A COMPETITIVE CABLE TELEVISION COMMUNICATIONS NETWORK IN THE CITY OF BUFFALO OUR FILE 19361 (2919-1) Dear Common Council: Our firm represents American Broadband, Inc. (ABI), a Boston-based cable and telecommunications company. ABI's request is to seek approval from the City of Buffalo to construct a state-of-the-art broadband communications network, which would provide cable television services as well as high speed internet services. ABI will give consumers a competitive choice in cable television. As a result of that competition, consumers will have greater value, expanded options, more responsive customer service and access to the latest technology. ABI will be investing millions of dollars in the City of Buffalo to build a high-tech infrastructure, which will be beneficial in attracting and retaining businesses. A-BI will generate increased property tax and sales tax revenues. Once operational, ABI will place a significant number of workers in the community and will be spending a significant portion of its operational budget on goods and services in the state. In addition, the savings all cable television consumers will realize on cable in a competitive market will free up disposable income to spend on other goods and services. This Honorable Common Counsel must understand the true benefits of competition. For the past 20 years, this City has had one monopoly cable provider. There Page 50 00-0725.txt has been no competition with regard to prices charged to your residents, there has been no competition with regard to the customer service that has been given to your residents, and there has been no consideration with regard to the addition of expanded options and access to the latest technology What American Broadband intends to do is to bring the following benefits to the residents of the City of Buffalo: 1.Choice American Broadband, Inc. will offer the residents of our City the power to choose between cable providers and high speed internet access providers. 2.Lower Prices: The Federal Communication Commissions' Sixth Annual Report on Competition in Video Markets sets forth that when an incumbent cable operator faces head-to-head competition, the result is lower prices and a reduction in price increases. 3.Introduction of New Services In the new competitive world, cable operators will be forced to constantly introduce new services and new programs to attract and retain subscribers. IV.Improved Customer Service The FCC report further sets forth that competition in the cable industry results in improved customer service. Cable operators must continually improve their service to attract and retain their subscribers. V.Additional Interactive Programming Competition will bring market pressure to bear on cable operators to add interactive programming in an effort to obtain competitive advantage. VI.Increased Revenue to the City The FCC has stated that in a competitive environment, the penetration rates of new subscribers has increased from 5% to20%. This additional penetration or increase in the number of subscribers using cable television or high speed internet access will substantially increase the franchise fees paid to the City. Given the above benefits of competition, we render the attached initial Proposal for your review. We would respectfully request that you authorize the Telecommunications Committee to prepare and release a formal Request For Proposal, pursuant to NYCRR Section 594.3. American Broadband, Inc. shall thereafter issue a formal proposal and if my client's proposal is acceptable, negotiate the terms of any subsequent agreement. If after receipt of this letter you have any questions, please do not hesitate to contact the undersigned. Thank you. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS NO. 82 TELERGY CENTRAL ROW FRANCHISE AGREEMENT CHANGE OF ADDRESS Pursuant to Section 8.1 of the ROW Franchise Agreement, dated August 10, 1999, entered into between Telergy Central and City of Buffalo (the "Agreement"), please be advised that our address has changed. Effective immediately, please forward any and all notices to the following address and/or the following facsimile number in accordance with the terms of the Agreement: Telergy, Inc. One Telergy Parkway East Syracuse, NY 13057 Attn: General Counsel facsimile: (315) 362-2850 Page 51 00-0725.txt If you have any questions, please do not hesitate to contact me at (315) 362-2800. Thank you. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS NO. 83 COMPLAINT POHLMAN FOUNDARY Are you annoyed by the odor present in our neighborhood almost every evening the wind blows from the northwest? Did you ever wonder who is making such an awful stink? Do your eyes water and nasal passages sting when it is out? It is being produced by the Polilman Foundary Company at the far end of Baitz avenue and I have been trying for five years to get them to stop or change their process to no avail. I have contacted the New York State DEC and they have yet to tell me anything other than to close my windows. I am writing this to ask for your help. It is for your benefit because the products emitted at Pohhnan are known cancer causing agents. You will see from the attached sheet the names of these products and while you may not recognize all of them, they're all dangerous. Every time you smell that disgusting odor of burning brake findings please call the following morning after 9:00am and lodge a complaint: New York State Division of Air Resources Mr Alan Zylmski 851-7130 ps: You don't even have to leave your name if you want to remain anonymous. All they need is a bunch of us who are sick of not being able to enjoy our summer evenings in the fresh air to make them change. REFERRED TO THE COMMISSIONER OF C0MMUNITY DEVELOPMENT, OFFICE OF STRATEGIC PLANNING, THE EMERGENCY MEDICAL C0MMISSION, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE CORPORATION COUNSEL NO. 84 OPPOSE CHANGE HANDICAP PARKING Mr. Charles L. Michaux, III Director of City Clerk City Hall - Room 1308 Buffalo, New York 14202 Dear Mr. Michaux: Attached please find a copy of a letter from Ms. Loretta L. Renford in reference to handicap and handicap free parking for disabled individuals in the City of Buffalo. Ms. Renford is opposed to the suggested change in legislation for the handicap. Please file this letter with the City of Buffalo Common Council. Sincerely, REFERRED TO THE COMMITTEE ON LEGISLATION NO. 85 REQ PAYMENT ELLICOTT HOUSES Dear Council President Pitts: In reference to the enclosed letter of June 6, 2000 from Dennis Penman and the invoice dated May 1, 2000 from the City of Buffalo Planning Board, we are seeking your Page 52 00-0725.txt intervention to have this invoice paid at a later date from the forthcoming funds from the Housing Trust Fund Corp. (HTFC), their letter of commitment dated June 30, 2000 enclosed, because of the current severe cash flow problem here at Ellicott Houses. Thanking you in advance for your early help with this matter, I remain, Sincerely yours, REFERRED TO THE COWITTEE ON FINANCE AND CITY PLANNING BOARD NO. 86 RESIGNATION LEGISLATIVE ASST This letter is to inform you of my intention to resign my position as Legislative Assistant effective August 18, 2000 in order to uphold my commitment to the University at Buffalo School of Law for the upcoming term. I would like to thank you for the opportunity you afforded me this past year, for it has truly been a great pleasure. The great people of the Niagara District are very fortunate to have someone as dedicated, hard working, and honest as you to represent them on the Common Council. I wish you continued success in the future, and I will cherish this experience for the rest of my life. RECEIVED AND FILED NO. 87 REQ USE OF FACILITIES JFK PARK Attached correspondence in City Clerk's Office RECEIVED AND FILED PETITIONS NO. 88 J.BINTO AND OTHERS PETITION REQUEST WEST AVENUE REPAVING ATTACHED PLEASE FIND PETITION REFERRED TO THE COMMITTEEON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS NO. 89 PETITION TO RELOCAT HICKORY WOODS Attached please find petition REFERRED TO THE COMMITTEE OF THE WHOLE No.90 Support Participation in State Sectionals Attached are several pages of signed petitions, asking that members of the Buffalo School District's students that play in the Harvard Cup, be allowed to participate, in the State Sectionals. I am requesting, that these petitions be added to the petitions already filed with the City Clerks' office. REFERRED TO THE SPECIAL COMMITTTEE ON EDUCATION, THE BOARD OF EDUCATIOF AND SUPERINTENDENT OF SCHOOLS Regular Committees Civil Service Barbara A. Miller -Williams Chairperson No.91 Appts.-Exam Monitor IV (A&F) (CCP#43-Feb. 22, 00) That the above item be and the same hereby is received Page 53 00-0725.txt and filed. ADOPTED No.92 Appointment Laborer 11 (Max) (PW) (Item No. 5 1 -C.C.P. July 11, 2000) That Communication 5 1, July 11, 2000 be received and filed and the permanent appointment of Barbara Lewis stated above at the maximum salary of $25,676 effective on July 1, 2000 is hereby approved. PASSED AYES-13-NOES-0 NO.93 Appointment Park Utility Worker (Inter) (PW) (Item No. 52-C.C.P. July 11, 2000) That Communication 52, July 11, 2000 be received and filed and the permanent appointment of Gaetano Agro stated above at the intermediate salary of $28,437 effective on July 10, 2000 is hereby approved. PASSED AYES-13-NOES-0 No.94 Appointment Laborer 11 (Max) (HSPR) (Item No. 53-C.C.P. July 11, 2000) That Communication 53, July 11, 2000 be received and filed and the permanent appointment of Willie Simmons stated above at the maximum salary of $25,676 effective on June 30, 2000 is hereby approved. PASSED AYES-13-NOES-0 No.95 Appt. -Chief (Max) (Pol.) (CCP#57-July 11, 00 That the above item be and the same hereby is received and filed. ADOPTED No.96 Appts. -Detectives (Perm.) (Max) (Pol.) (CC,P#58-July 11, 00) That the above item be and the same hereby is received and filed. ADOPTED No.97 Appt.-Detective (Cont. Perm.) (Max) (Pol.) (CCP#59-July 11, 00) That the above item be and the same hereby is received and filed. ADOPTED No.98 Appt.-Pol. Lt. (Max) (Pol.) (CCP#60-July 11, 00) That the above item be and the same hereby is received and filed. ADOPTED Page 54 00-0725.txt No.99 Appointment Assoc. Acct. Clerk (Max) (A&F) (Item No. 72-C.C.P. July 11, 2000) That Communication 72, July 11, 2000 be received and filed and the provisional appointment of Darlene Lapinski stated above at the maximum salary of $31,323.08 effective on June 23, 2000 is hereby approved. PASSED AYES-13-NOES-0 No.100 Appointment Head Teller (Inter) (A & F) (Item No. 75-C.C.P. July 11, 2000) That Communications 75, July 11,2000 be received and filed and the temporary appointment of Carmen LoVullo stated above at the intermediate salary of $30,396.36 effective on June 26, 2000 is hereby approved. Passed AYES-13-NOES-0 No.101 Appointment Hearing Examiner (Max) (A&F) (Item No. 76-C.C.P. July 11, 2000) That Communication 76, July 11, 2000 be received and filed and the seasonal appointment of Thomas J. Navarro, Jr. stated above at the flat salary of $110/day effective on July 10, 2000 is hereby approved. Passed AYES-13-NOES-0 No.102 Appointment Secy. To Comm of Ad. & Finance (A&F) (Item No. 77-C.C.P. July 11, 2000) That Communication 11, July 11, 2000 be received and filed and the permanent appointment of Nancy J. Smith stated above at the maximum salary of $27,734 effective on July 1, 2000 is hereby approved. PASSED AYES-13-NOES-0 No.103 Appointment Laborer (Max) (C. Clk.) (Item No. 86-C.C.P. July 11, 2000) That Communication 86, July 11, 2000 be received and filed and the permanent promotion of Russell C. Payne stated above at the maximum salary of $12.25 per hr. effective on July 1, 2000 is hereby approved. PASSED AYES-13-NOES-0 No.104 Notices of Appts. -Temp./Prov. /Perm. (C. Clk.) (CCP#95-July 11, 00) That the above item be and the same hereby is received and filed. ADOPTED Page 55 00-0725.txt No.105 C. Home-Issues-Police Dept. (CCP#86-June 27, 00) That the above item be and the same hereby is received and filed. ADOPTED No.106 C. Horne-Issues-Police Dept. (Pol.) (CCP#55-July 11, 00) That the above item be and the same hereby is received and filed. ADOPTED No.107 C. Horne-Issues-Police Dept. (A&F) (CCP#71 -July 11, 00) That the above item be and the same hereby is received and filed. ADOPTED No.108 Memorandum of Agreement - Buffalo Crossing Guards Association (Item No. 59, C.C.P., June 27, 2000) That the Memorandum of Agreement between the City of Buffalo and the Buffalo Crossing Guards Association, for the period July 1, 2000 through June 30, 2002; effective June 5, 2000, be and hereby is approved and ratified. Passed. AYES-13-NOES-0 No.109 Amended Salary Schedule for Employees Represented by Local 17S, International Union of Operating Engineers (Item No. 82, C.C.P., July 11, 2000) That the amended salary scheduled for Buffalo Municipal Housing Authority employees represented by Local 17S, International Union of Operating Engineers, as attached to the above-captioned item, effective July 1, 2000, be and hereby is approved. This approval is given with the knowledge 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. Passed. AYES-13-NOES-0 No.110 Appt. -Director of Real Estate (Compt) (CCP#20-June 13, 00) That the above item be and the same hereby is received and filed. ADOPTED No.111 B. Miller-Williams-Residency Issue-P.Grzebielucha (CCP#89-June 13, 00) That the above item be and the same hereby is received and Page 56 00-0725.txt filed. ADOPTED Finance (Byron W. Brown, Chairman) No.112 Request Audit-Broadway Mkt. Capital Improvements (CCP#195-Apr. 4, 00) That the above item be and the same hereby is received and filed. ADOPTED No.113 Broadway Market (CCP#199-May 16, 00) That the above item be and the same hereby is received and filed, ADOPTED No.114 J. Campolong-D. Reuvain-Water Meter Rate Increases (CCP#97-July 11, 00) That the above item be and the same hereby is received and filed. ADOPTED No.115 MUNIS (CCP#205-Apr. 4, 00) That the above item be and the same hereby is received and filed. ADOPTED No.116 Grant Funding/Special Squads/Activities (Pol) (CCP#44-June 13, 00) That the above item be and the same hereby is received and filed. ADOPTED No.117 C. Brown-Tree Stump Req.-250 Minnesota Av (CCP#69-June 13, 00) That the above item be and the same hereby is received and filed. ADOPTED No.118 Response- Sale/Leaseback-293 0-295 0 Bailey Ave. (Compt.) (CCP#126-June 13, 00) That the above item be and the same hereby is received and filed. ADOPTED No.119 Info.-2930 & 2950 Bailey Ave. (Assess.) (CCP#127-June 13, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 120 SALE/LEASEBACK-2930-2950 BAILEY AVE. (ASSESS.) Page 57 00-0725.txt (CCP#128-JUNE 13, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 121 SALE/LEASEBACK-2930-2950 BAILEY AVE. (COMPT.) (CCP#129-JUNE 13, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 122 B. GRANT-2950 BAILEY AVE. (#179,6/13)(#79,4/4) (CCP#I 54-JUNE 27, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 123 B. GRANT-CONCERNS-2950 BAILEY AVE. (CD) (#180,6/13)(#45,5/2) (CCP#155-JUNE 27, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 124 SALE OF PROPERTY-2930-2950 BAILEY AVE. (PW) (#181,6/13)(#28,5/2) (CCP#156-JUNE 27, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 125 G. BARLOW & O-SUPP. PAVING-STS/PAV. ISSUE-ELL. TOWN CTR. (#127,6/27)(#91,5/2) (CCP# 13 9-JULY 11, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 126 A. KAMOCHE-LANDSCAPING BUSINESS MKT. -COB (CCP#89-JUNE 27, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 127 RETURN PURCHASE MONEY - 42 SOUTH PONTIAC (ITEM NO. 10, C.C.P., JULY 11, 2000) That the Comptroller be, and he hereby is authorized to rescind the sale of 42 South Pontiac, transfer the parcel back to the City, and refund the purchase price of Three Thousand and Six Hundred Dollars ($3,600) to German and Beverly Montalvo, residing at 201 Shirley Avenue. PASSED AYES -13 NOES - 0 LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) Page 58 00-0725.txt NO. 128 M. FISHER, PETITION TO USE 1460 HERTEL AVENUE - RESTAURANT/COFFEE SHOP (ITEM NO. 108, C.C.P., JULY 11, 2000) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That after the public hearing before the Committee on Legislation on July 18, 2000, the petition of M. Fisher, agent, for permission to use 1460 Hertel Avenue for a restaurant/coffee shop be, and hereby is approved. PASSED AYES -13 NOES - 0 NO. 129 NEW BUFFALO INDUSTRIAL PARK - URBAN RENEWAL PLAN - MINOR PLAN AMENDMENT (ITEM NO. 176, C.C.P., JUNE 27, 2000) That after a public hearing on July 18, 2000, before the Common Council, the New Buffalo Industrial Park Urban Renewal Plan is hereby amended as follows: Section III, B, 2, b. Building Requirements The Vice-Chairman of the Buffalo Urban Renewal Agency is authorized to waive the 25% Minimum Building Coverage Standards of the New Buffalo Industrial Park Urban Renewal Plan for Parcel #2A. PASSED AYES -13 NOES - 0 NO. 130 C. MCCAFFREY, PETITION TO USE 700 PARKSIDE - ILLUMINATED GROUND SIGN (ITEM NO. 100, C.C.P., JUNE 27, 2000) That after the public hearing before the Committee on Legislation on July 5, 2000, the petition of C. McCaffrey, agent, for permission to use 00 Parkside Avenue for an illuminated ground sign be, and hereby is approved. PASSED AYES -13 NOES - 0 NO. 131 C. MCCAFFIREY, PETITION TO USE 40 HIGH - ILLUMINATED POLE SIGN (ITEM NO. 98, C.C.P., JUNE 13, 2000) (ITEM NO. 140, C.C.P., JUNE 27, 2000) That after the public hearing before the Committee on Legislation on June 20, 2000, the petition of C. McCaffrey, agent, for permission to use 40 High Street for an illuminated pole sign be, and hereby is approved. PASSED AYES -13 NOES - 0 NO. 132 DEMETRIOS T. LIAROS, PETITION TO REZONE 45, 55, 59 KENSINGTON AVENUE (ITEM NO. 55, C.C.P., JAN. 11, 2000) (ITEM NO. 105, C.C.P., FEB. 22, 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 Page 59 00-0725.txt NO. 133 DEMETRIOS T. LIAROS, PETITION TO REZONE 45, 55, 59 KENSINGTON AVENUE (ITEM NO. 83, C.C.P., JAN. 25, 2000) (ITEM NO. 106, C.C.P., FEB. 22, 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. 134 NOMINATE MEMBERS TO THE COMMISSION OF CITIZENS RIGHTS AND COMMUNITY RELATIONS (ITEM NO. 4, C.C.P., JUNE 27, 2000) (ITEM NO. 143, C.C.P., JULY 11, 2000) That the nominations of the following individuals to the Commission on Citizens Rights and Community Relations for the following terms be, and they hereby are confirmed: Three Year Term: Thomas Higgins, 187 Cumberland Two Year Term: Sandra Mobley-Terry, 30 East Morris Rev. Dr. Robert J. Perelli, CJM, 1088 Delaware Avenue One Year Term: Peter A. Weinmann, 286 Huntington Avenue PASSED AYES -13 NOES - 0 NO. 135 RESPONSE CITY PERMIT FEES (A&F) (CCP#68-DEC. 28, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 136 PERMIT FEES (CD) (CCP#48-JAN. 25, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 137 ORDINANCE AMENDMENT - CHAPTER 167 - ELEVATORS (ITEM NO. 202, C. C. P., JULY 11, 2000) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That the Ordinance Amendment as contained in Item No. 202, C.C.P., July 11, 2000, be and the same hereby is approved. PASSED AYES -13 NOES - 0 NO. 138 ORD. AMEND. -CHAPTER #454-TOW TRUCKS (CCP#193-MAR. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED Page 60 00-0725.txt NO. 139 P. O'CONNELL-BFLO. TOWING ORD. (CCP# 105 JULY 11, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 140 ORD. AMEND.-BOILERS, ENGINEERS (CD) (CCP#50-MAY 2, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 141 ORD. AMEND.-CHAPTER #103-CONST. DEMO FIRE PREV. (CD) (CCP#68-JULY 11, 00) That the above item be and the same hereby i$ received and filed. ADOPTED NO. 142 MORATORIUM ON LODGING HOUSES (ITEM NO. 253, C.C.P., JUNE 13, 2000) That 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 licensees and permits for Lodging Houses in the City. ADOPTED. NO. 143 MORATORIUM ON LODGING HOUSES (CD) (CCP#69-JULY 11, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 144 AMEND CITY ORDINANCE - SOLID WASTE COLLECTION USER FEE (ITEM NO. 171, C. C. P., MAY 16, 2000) that the Corporation Counsel investigate the feasibility of increasing the time for payment of the Solid Waste collection User Fee from 30 to 45 days and postponing late fees and other interest charges for the first 45 days of each billing period; and That if it is possible, then the Corporation Counsel is hereby authorized to prepare an ordinance amendment and/or local law to increase the time for payment of the Solid Waste Collection User Fee from 30 to 45 days. ADOPTED NO. 145 REQ. ORD. PROHIBITING PRIVATE POSSESSION OF DANGEROUS/EXOTIC ANIMALS (CCP#272-JUNE 13, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 146 REQ. ORD. PROHIBITING PRIVATE POSSESSION OF DANGEROUS/EXOTIC ANIMALS (LAW) Page 61 00-0725.txt (CCP#45-JUNE 27, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 147 T. DOWNS-HAZ. SITUATION-24 ST. JOHNS PLACE (FRONT APT)-REPTILES (CCP#74-JUNE 13, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 148 J.LAIRD-QUALITY OF LIFE ORDINACE (STS) (CCP#58-JUNE 27, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 149 REQ. STUDY OF PKG. CONDITIONS-E. EAGLE ST. (CCP#207-MAR. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 150 L. WEATHERBEE & O-SUPP. CHANG. MAISCH ST.-TWO WAY TO ONE WAY TRAF (CCP#I 15-MAY 30, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 151 CHANGE MALSCH STREET FROM TWO WAYS TO ONE WAY TRAFFIC (ITEM NO. 233, C.C.P., MAY 30, 2000) That the Common Council does hereby request Public Works analyze the traffic on MaIsch Avenue and file their findings with this Common Council. The report needs to include the residents and pedestrians safety concerns; and That this Honorable Body does hereby request that the Department of Public Works to file a response as to any concerns they foresee with honoring the residents request to change the direction of traffic on the above-named streets; and That the Public Works, if finding that such a change in traffic flow is appropriate, does proceed with the necessary signage for this change. ADOPTED NO. 152 CHANGE MAISCH ST. FROM TWO WAY TO ONE WAY TRAFFIC (PW) (CCP#30-JULY 11, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 153 REINSTALLATION TRAFFIC LIGHT POUTNEY/BAILEY Page 62 00-0725.txt CCP#257-JUNE 13, 2000 That the above item be and the same hereby is received and filed. ADOPTED. NO. 154 B GRANT PETITION SUPP RE-INSTALLATION TRAFFIC LIGHT KENSINGTON/POULTNEY CCP#80 JUNE 13, 2000 Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 155 J. BURKE & O-PETITION-ADDL. TREES PLANTED-UNIV. BLK. CLUB AREA (CCP# 110-JULY 11, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 156 J. BURKE & O-ADDL. SPEED ENF NAR. STS.-UNIV. BLK. CLUB AREA (CCP# 111-JULY 11, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 157 REQ. REMOVAL-2 PKG. METERS-BAILEY AVE. A.M.E. ZION CHURCH (PW) (CCP#42-JULY 11, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 158 USED CAR DEALER - 50 SYCAMORE STREET (ITEM NO. 47, C. C.P., APR. 4, 2000) (ITEM NO. 188, C. C.P., MAY 3 0, 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 Cornelius Delaney d/b/a Delaney Auto Repairs, located at 50 Sycamore Street on the condition that a landscaping plan be submitted to the District Councilmember. PASSED AYES -13 NOES - 0 NO. 159 ACCESSIBILITY TO CITY OF BUFFALO LIBRARIES (CCP#172-FEB. 22, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 160 D. MACRI-DALLAS-ZOLLARS BLK. CLUB-SORRENTO CHEESE COMPANY (CCP#84-MAR. 21, 00) That the above item be and the same hereby is received and filed. Page 63 00-0725.txt ADOPTED NO. 161 D. MACRI-DALLAS-ZOLLARS BLK. CLUB-SORRENTO, CHEESE CO. (CD) (CCP#59-APR. 18, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 162 R. WOEPPEL- SORRENTO CHEESE-COMMENTS-DALLAS ZOLLARS BLOCK CLUB (CCP#95-APR. 4, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 163 W. ROBERTSON-CARY ST. ASSN.-LOUD NOISE-UTOPIA BAR-228 FRANKLIN ST. (CCP#93-MAR. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 164 W. ROBERTSON-CARY ST. ASSN.-L. NOISE-UTOPIA BAR-228 FRANKLIN (POL)(#34,4/4) (CCP#177-JUNE 13, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 165 W. ROBERTSON-CARY ST. ASSN.-LOUD NOISE-UTOPIA BAR-(A&F)(#48,4/4) (CCP# 178-JUNE 13, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 166 REMOVAL-"FREE OF CHARGE" PKG. -METERS FOR DISABLED PERMITS (PW) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 167 REMOVAL OF "FREE CHARGE" PARKING AT METERS FOR HOLDERS OF DISABLED/HANDICAPPED PERMIT (ITEM NO. 3 6, C. C. P., JULY 11, 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. 168 WAIVE PERMIT FEES - HANDICAPPED RAMPS (ITEM NO. 207, C. C. P., MAY 2, 2000) That this Common Council requests the Department of Community Development, Division of Permits, the Page 64 00-0725.txt Department of Administration and Finance, and the Advocacy Office for the Disabled to review the resolution as listed above and report to this Council on the feasibility of waiving permit fees for hardship cases involving construction of handicapped ramps. ADOPTED NO. 169 WAIVE PERMIT FEES-HANDICAPPED RAMPS (CD) (CCP#62-MAY 30, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 170 WAIVE PERMIT FEES-HANDICAPPED RAMPS (A&F) (CCP#71 -MAY 30, 00) That the above item be and the same hereby is received and filed, ADOPTED NO. 171 INCREASE HEAVY TRASH PICKUP FREQUENCY (CCP#159-MAY 16, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 172 INCREASE HEAVY TRASH PICKUP FREQUENCY (STS.) (CCP#64-MAY 30, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 173 B. GRANT-STATE-NEW APPROACH TO GET RID OF OLD TIRES (CCP#99-MAY 30, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 174 PROPOSAL DISPOSAL OF ABANDONED TIRES (CCP#237-MAY 30, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 175 PROPOSAL-DISPOSAL OF ABANDONED TIRES (STS.) (CCP#56-JUNE 27, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 176 RESTAURANT DANCING CLASS III - 45 WEST CHIPPEWA (ITEM NO. 54, C. C. P., MAY 2, 2000) (ITEM NO. 18 3, C - C. P., MAY 3 0, 2000) That pursuant to Chapter 150 of the City Code, the Page 65 00-0725.txt Director of Inspections, Licenses and Permits be, and he hereby is authorized to grant a Restaurant Dancing Class III License to John P. Bona d/b/a Big Shotz located at 45 West Chippewa. PASSED AYES -13 NOES - 0 NO. 177 77-79 1/2 CHIPPEWA STREET (ITEM NO. 19, C.C.P., JUNE 27, 2000) That the Commissioner of Public Works be, and he hereby is authorized to issue a mere license" to Mr. Michael Sherk, owner of McMonkeys Bar, located at 77-79 1/2 Chippewa Street, to install a balcony, which would encroach city right-of-way at said address, subject to the following conditions: 1.That the applicant obtains any and all other City of Buffalo permits necessary. 2.That the balcony be installed exactly as shown on drawings submitted to and approved by the Department of Public Works, Division of Buildings. 3. That no portion of the balcony is less than 14' above the public sidewalk. 4.That, as per Chapter 413-67F of the City Ordinances, in the event that the Commissioner of Public Works determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, the Commissioner of Public Works may order the immediate removal of said encroachment. 5. That the applicant supply the City of Buffalo with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage caused by the installation, use and/or removal of said balcony. PASSED AYES -13 NOES - 0 NO. 178 M. SHERK, USE 77-791/2 CHIPPEWA ST.-BALCONY ENROACHMENT (PLAN. BD.) (CCP# 13-JULY 11, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 179 B. GRAY-JEFFERSON AVE. BUSINESS DIST. (#101,5/30) (CCP#172-JUNE 13, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 180 199 ALLEN STREET - PAYPHONE APPLICATION PAY-TEL CORPORATION (ITEM NO. 32, C.C.P., JUNE 27, 2000) That the application from Mr. Jay Alberti, President of Pay-Tel Corporation, 45 West Tupper Street, for a payphone at 199 Allen Street be and hereby is denied pursuant to Section 414-4 of the Code of the City of Buffalo. ADOPTED Page 66 00-0725.txt No.181 E. Macklin & O-Pet.-Asst.-Allev. Rodent Prob.-Arden/Newburgh Blk. Club (CCP#102-June 27, 00) That the above item be and the same hereby is received and filed. ADOPTED No.182 Proliferation of Rats in Buffalo (CCP# I 79-June 27, 00) That the above item be and the same hereby is received and filed. ADOPTED No.183 Response-B.Grant-Proiferation of Rats (PW) (CCP#43-June 27,2000) That the above item be and the same hereby is received and filed. ADOPTED No.184 Railroad Tracks-Colvin/Starin betw.Lawrence/Tauton (CCP#174-June 27,2000) That the above item be and the same hereby is received and filed. ADOPTED No.185 K. McCarthy, NFTA, Railroad Tracks-Colvin-Starin Bet. St. Lawrence/Tauton (CCP# 103 -July 11, 00) That the above item be and the same hereby is received and filed. ADOPTED No.186 Use Mem. Aud.-American Basketball League (Exe. Fin. Res.) (CCP#187-June 27, 00) That the above item be and the same hereby is referred to the Special Committee on Stadium and Auditorium Task Force. ADOPTED No.187 Notif Serials 49199-9200 (PW) (CCP#23-July 11, 00) That the above item be and the same hereby is received and filed. ADOPTED No.188 Consolidation of Depts. Of Public Works, Parks & Sts. Sanitation (PW) (CCP#3 I -July 11, 00) That the above item be and the same hereby is received and filed. ADOPTED No.189 Page 67 00-0725.txt Sidewalk Cafe - 1240 Hertel Avenue (Item No. 38, C.C.P., July 11, 2000) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana Moved: That the Commissioner of Public Works be, and he hereby is authorized to issue a cc mere license" to Ms. Susan Cordova, owner of Susie's Cafe, located at 1240 Hertel Avenue, to install a sidewalk cafe, which would encroach city fight-of-way at said address, subject to the following conditions: I .That the applicant obtains any and all other City of Buffalo permits necessary. 2.That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3.That the sidewalk cafe does not exceed eight feet (8') in length or extend more than six feet (6') 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.190 Sidewalk Cafe - 1410 Main Street (Item No. 39, C.C.P., July 11, 2000) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana Moved: That the Commissioner of Public Works be, and he hereby is authorized to issue a 44mere license" to Mr. Wendell Rivera, owner of LaConga Loca, located at 1410 Main Street, to install a sidewalk cafe, which would encroach city right-of-way at said address, subject to the following conditions: I .That the applicant obtains any and all other City of Buffalo permits necessary. 2.That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3.That the sidewalk cafe does not exceed eighteen feet (18') 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 Page 68 00-0725.txt fight-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.191 Sidewalk Cafe - 229 Allen Street (Item No. 40, C.C.P., July 11, 2000) That the Commissioner of Public Works be, and he hereby is authorized to issue a "mere license" to Ms. Kim Rossi, owner of Mulligan's Brick Bar, located at 229 Allen Street, to install a sidewalk cafe, which would encroach city right-of-way at said address, subject to the following conditions: I .That the applicant obtains any and all other City of Buffalo permits necessary. 2.That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3.That the sidewalk cafe does not exceed twenty-four (24') in length or extend more than four feet (4') 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. 8.That the sidewalk caf6 closes at 11:00 p.m. 9.That there be no outside music on the sidewalk caf6. 10.That no outside trash receptacles is allowed on the sidewalk caf6. 11.That the City Planning Board has final approval of the caf6 plans. Passed. AYES-13-NOES-0 NO.192 SIDEWALK CAFE - 1116 ELMWOOD AVENUE (ITEM NO. 4 1, C. C. P., JULY 11, 2000) Page 69 00-0725.txt That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana Moved: That the Commissioner of Public Works be, and he hereby is authorized to issue a t6mere license" to Mr. Deep Singh, owner of India Gate Restaurant, located at 1116 Elmwood Avenue, to install a sidewalk cafe, which would encroach city right-of-way at said address, subject to the following conditions: I .That the applicant obtains any and all other City of Buffalo permits necessary. 2.That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3.That the sidewalk cafe does not exceed twenty-eight feet (28') in length or extend more than seven and one half feet (7.5') from the east property line. 4.That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5.That the sidewalk cafe be completely removed from City right-of-way from November 15 to April I each year. 6.That the applicant be assessed the annual fee of one dollar and thirty cents ($1.30) per square foot of City right-of-way occupied by said sidewalk 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 H. Feron, Tyler St. Curbs (CCP# I 00-july 11, 00) That the above item be and the same hereby is received and filed. ADOPTED No.194 S. Liberatore, APD Eng. Appeal Planing Board Decision - 3060 Main Street (Item No. 102, C.C.P., July 11, 2000) That the decision of the City Planning Board regarding the application of ALDI at 3060 Main Street be, and hereby is set aside and the Common Council does hereby grant the application on the condition that ALDI follow the terms and conditions recommended by the City Planning Board. Passed. AYES-13-NOES-0 No.195 Request Hearing on Licenses for the YCR Social Club (Item No. 200, C.C.P., July 11, 2000) That this Common Council requests the Director of Permits and Inspection Services to hold a hearing as soon as possible to review complaints of illegal activity that may result in the revocation of any and all licenses for the YCR Page 70 00-0725.txt Social Club at 817 East Delavan Avenue; and That this Council requests that the Director of Permits and Inspection Services notify all residents, businesses and churches within a 3 block radius of 817 East Delavan Avenue as soon as the time, date and place of the hearing are set. Adopted. Community Development (Beverly A. Gray, Chairperson) No.196 Section 108 Loan for the Webster Block/Waterfront Urban Entertainment Center (Item No. 83, C.C.P., July 11, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Gray Moved: That the above item be and the same hereby is referred to the Task Force on Stadium/Audiorium Adopted NO.197 Section 108 Loan for the Webster Block/Waterfront Urban Entertainment Center (Item No. 215, C.C.P., July 11, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. That the above item be and the same hereby is referred to the Task Force on Stadium/Auditorium Adopted. No.198 LDA-New Buffalo Industrial Park - Disposition Parcel 4 - Skyworks (Item No.5, CCP July 11, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Gray Moved: That the Land Disposition agreement for Disposition Parcel 4 in the New Buffalo Industrial Park be, and it hereby is approved and that Buffalo Urban Renewal Agency be, and hereby is authorized to transfer the parcel to Skyworks L.L.C., the qualified redeveloper. Passed AYES-13-NOES-0 That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON COMMUNITY DEVELOPMENT. Beverly Gray,Chairman A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mr. Fontana the item is properly before the Common Council, and the hearing is opened. CARRIED.Gary Reinhart, Pres. Skyworks Appearances -Dave Sengwich, CD Mrs. LoTempio now moved that the hearing be closed. Seconded by CARRIED. WHEREAS, the Buffalo Urban Renewal Agency has duly designated Skyworks, L.L.C. and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the Page 71 00-0725.txt "General Municipal Law" and WHEREAS, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: 1. Skyworks, L.L.C. and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for Disposition Parcel 4 in the New Buffalo Industrial Park. 2. That the Mayor, the Chairman, Vice-Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" to Skyworks, L.L.C., as Agent for a LLC to be formed and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. No.199 Req. Copy-Fed. Enterprise Comm. Mtg. (CP) (CCP#18-June 27, 00) That the above item be and the same hereby is received and filed. ADOPTED No.200 Consolidated Plan Narrative (Item No. 48, C.C.P., July 11, 2000) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs. Gray Moved: That 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 3 0, 200 1, be and hereby is approved as amended.. Passed. AYES-13-NOES-0 No.201 Fisher Req. Further Info. -Inner Harbor Project (CCP#155-Dec. 28, 00) That the above item be and the same hereby is received and filed. ADOPTED No.202 R. Dzenis-Empire State Dev.-DSEIS-Inner Harbor Dev. Proj. (CCP#8 I -May 16, 00) That the above item be and the same hereby is received and filed. ADOPTED No.203 R. Dzenis-Empire State Dev.-DSEIS-Inner Harbor Dev. Proj. (CCP#94 -May 30, 00) That the above item be and the same hereby is received and filed. ADOPTED No.204 J. Conlin & O-Task Force for Inner Harbor-Support NFTA Transp. Hub Page 72 00-0725.txt (CCP#72-June 13, 00) That the above item be and the same hereby is received and filed. ADOPTED No.205 M. Stroud-Preserving Erie Canal Site (CCP#I 10-May 30, 00) That the above item be and the same hereby is received and filed. ADOPTED No.206 H. Baxter-Commercial Slip-A New Restoration Plan (CCP#8 I -Mar. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED No.207 P. Costanzo-Comments-Commercial Slip (CCP#73-Apr. 4, 00) That the above item be and the same hereby is received and filed. ADOPTED No.208 Iron Mt. Inc. Record Storage Facility (Env. Mgmt. Comm.) (CCP#2-May 16, 00) That the above item be and the same hereby is received and filed. ADOPTED No.209 B. Boyer, Friends of Bflo. River, Req. SEQRA-Expansion by Iron Mt., Inc. (CCP#67-Apr. 4, 00) That the above item be and the same hereby is received and filed. ADOPTED No.210 T. Kucharski, Req. Sale of Property to Iron Mt. Inc.-Bailey Ave. (CCP#84-June 13, 00) That the above item be and the same hereby is received and filed. ADOPTED No.211 Poor Workmanship-New Home Const. (CCP#212-Apr. 4, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 212 POOR WORKMANSHIP-NEW HOME CONST. (CD) (CCP#51 -MAY 2, 00) That the above item be and the same hereby is received and filed. ADOPTED Page 73 00-0725.txt NO. 213 B. MILLER-M. THREAT-ACQ./HOMESTEADING PROPERTY 185 COIT ST. CCP#93-MAY 16, 2000 That the above item be and the same hereby is received and filed. ADOPTED. NO. 214 G. LUKA-ELLEN TERRY THEATER CCP#111-4/18/00 That the above item be and the same hereby is received and filed. ADOPTED. NO. 215 DELETION OF ONE FOOTBALL FIELD AND ADDITION OF PLAY AREA AND TENNIS COURT AT MCCARTHY PARK (ITEM NO. 254, C.C.P., JUNE 13, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Ms. Gray moved: 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 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. PASSED. AYES-13. NOES-0. NO. 216 MAINTAINING CITY-OWNED VACANT LOTS (ITEM NO. 255, C.C.P., JUNE 13, 2000) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Ms. Gray Moved: That the above item be and the same hereby is referred to the Committee on Finance. ADOPTED. NO. 217 MAINTAINING CITY OWNED VACANT LOTS (STS.) (CCP#55-JUNE 27, 00) That the above item be and the same hereby is referred to the Committee on Finance. ADOPTED NO. 218 TRANSFER OF TITLE, URBAN HOMESTEAD - 52 LEMON STREET (ITEM NO. 7, C.C.P., JULY 11, 2000) That the city-owned property commonly known as 52 Lemon Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to the Western New York Veterans Housing Coalition, Inc., 1125 Main Street, with the conditions: Page 74 00-0725.txt 1.The specific structure be erected on the premises within twelve (12) months; 2.The structure be occupied by the homesteader for a period of not less than thirty-six (36 ) months 3. All appropriate New York State and City of Buffalo Housing Codes be med. Passed. AYES-13. NOES-0. TELECOMMUNICATIONS (JAMES W. PITTS, CHAIRMAN) NO. 219 S. APOLLO-RICOCHET-METRICOM- RIGHT OF WAY APPLICATION (ITEM NO. 67, C.C.P., JUNE 13, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Ms. Gray Moved: That the Common Council does hereby approve the right of way use application of Metricom for their Ricochet wireless data transmission network, with deemed acceptable by the Corporation Counsel and the Common Council. Passed. AYES-13. NOES-0. NO. 220 S. APOLLO-RICOCHET-METRICOM- RIGHT OF WAY APPLICATION (OFC. TELECOM.) (ITEM NO. 68, C.C.P., JUNE 27, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Ms. Gray Moved: That the above mentioned item be and the same is hereby received and filed. Adopted. POLICE REORGANIZATION & OVERSIGHT COMMITTEE (DOMINIC J. BONIFACIO, JR., CHAIRMAN) NO. 221 NEIGHBORS UNITED FOR SAFETY-REQ. PRECINCT #11 BEC. 6TH POL DIST. (POLICE) (CCP#33-MAY 2, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 222 STATUS-UNSOLVED HOMICIDES IN COB (CCP#162-MAY 16, 00) Mr. Bonifacio moved that the above item be recommitted to the Committee on Police Reorganization. ADOPTED. NO. 223 STATUS-UNSOLVED HOMICIDES IN COB (POL) (CCP#45-JUNE 13, 00) Mr. Bonifacio moved that the above item be recommitted to Page 75 00-0725.txt the Committee on Police Reorganization. ADOPTED. NO. 224 B. GRANT-CONCERNS-NEWBURGH ST. (CCP#98-MAY 30, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 225 CONCERNS-NEWBURGH ST. (POL.) (CCP#56-JULY 11, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 226 HAMILIN PK.-PROBLEM DELI STORES-HAMLIN PARK (CCP#102-MAY 30, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 227 HAMLIN PK.-PROB. DELI STORES-HAMLIN PK (CD) (CCP#51 -JUNE 27, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 228 L. RENFORD-CCPA-D. JACKSON & IVY ST. RESIDENT'S INCIDENT (#105,7/13) (CCP#221 -JUNE 13, 00) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 229 By: Mr. Bonifacio PERMISSION TO HANG BANNER FOR ALLENTOWN ASSOCIATION Whereas: The Allentown Association sponsors a number of events to promote the Allen-Elmwood neighborhoods; and Whereas: The Allentown Association's annual Tour of Homes will be held late this summer; and Whereas: To promote many of these programs, including the Tour of Homes the Allentown Association has requested permission to hang a banner on Allen and Elmwood (Attachment); and Now, Therefore Be It Resolved: That contingent to their complying with the guidelines set forth by the Department of Public Works, the Allentown Association be granted permission to hang a banner on Allen and Elmwood to promote the Allen - Elmwood neighborhoods. PASSED AYES-13. NOES-0. NO. 230 Page 76 00-0725.txt By: Mr. Bonifacio WAIVE FEE FOR CERTIFICATE OF OCCUPANCY FOR WEST SIDE COMMUNITY SERVICES Whereas: West Side Community Services has plans to implement a new after school nutrition program in September; and Whereas: Because of the nature of this program West Side Community Services is required to attain an updated Certificate of Occupancy; and Whereas: Because West Side Community Services operates its programs out of a City owned building, we are requesting that the fee for this updated Certificate of Occupancy be waived; and Now, Therefore Be It Resolved: That the Common Council authorize the City of Buffalo to waive any and all fees associated with West Side Community Services application for an updated Certificate of Occupancy. PASSED. AYES-13. NOES-0. NO. 231 By: Mr. Bonifacio WAIVE PERMIT FEES FOR THE SCHOOL STREET BLOCK CLUB FOR NATIONAL NIGHT OUT Whereas: August 1, 2000 is National Night Out-, and Whereas: National Night Out is promoted to fight crime and drugs in the spirit of Neighborhood Unity; and Whereas: Many Block Clubs have planned Block parties and other activities to celebrate National Night Out; and Whereas: The School Street Block Club has planned a Block party which will require School Street to be blocked off between Prospect and Fargo; and Whereas: The City of Buffalo requires a permit to close off a street; and Now, Therefore Be It Resolved; That the Common Council authorize the City of Buffalo to block off School Street from Prospect to Fargo for the School Street Block Club's National Night Out celebration; and Be It Further Resolved, That the Common Council authorize the City of Buffalo to waive any permit fees related thereto. PASSED. AYES-13. NOES-0. NO. 232 By: Mr. Bonifacio WAIVE PERMIT FEES FOR THE WEST SIDE COPS STATION FOR NATIONAL NIGHT OUT Whereas: August 1, 2000 is National Night Out; and Whereas: National Night Out is promoted to fight crime and drugs in the spirit of Neighborhood Unity; and Whereas: Many Block Clubs have planned Block parties and other activities to celebrate National Night Out; and Whereas: The West Side COPS Station has planned a Block party which will require Grant St. to be blocked off between West Delavan and Lafayette; and Whereas: The City of Buffalo requires a permit to close off a street; and Now, Therefore Be It Resolved; That the Common Council authorize the City of Buffalo to block off Grant Street from West Delavan to Lafayette for the Page 77 00-0725.txt West Side COPS Station's National Night Out celebration-, and Be It Further Resolved; That the Common Council authorize the City of Buffalo to waive any permit fees related thereto. PASSED. AYES-13. NOES-0. NO. 233 By: Mr. Brown: BOND RESOLUTION $75,000 BONDS IMPROVEMENTS MUSEUM OF SCIENCE ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $75,000 General Improvement Bonds of said City, to finance the cost of the partial reconstruction of the Museum of Science Building located at 1020 Humboldt Parkway, in the City, at the estimated maximum cost of $75,000. 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 Seventy-Five Thousand Dollars ($75,000), 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 Taw"); to finance the cost of the partial reconstruction of the Museum of Science Building located at 1020 Humboldt Parkway, in the City, including security and ventilation systems. 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 $75,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2000-01, 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, "Museum of Science Security & Ventilation Improvements, 2000-01 ", Bond Authorization Account No. 3000-32, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $75,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 11. 00 a. 11. (b) of the Law, and the period of probable usefulness Page 78 00-0725.txt applicable to the said specific objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11. 00 a. 90. of the Local Finance Law, is ten (10) 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: July 25, 2000 LAID ON THE TABLE NO. 234 By: Mr. Brown: BOND RESOLUTION $100,000 BONDS PARKSIDE LODGE RECONSTRUCTION ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $100,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of the Parkside Lodge in Delaware Park, at the estimated maximum cost of $100,000. 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 Page 79 00-0725.txt "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Thousand Dollars ($100,000), 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 partial reconstruction of the Parkside Lodge in Delaware Park, including replacement of doors, windows and plumbing installation. 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 $100,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2000-01, 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, "Parkside Lodge Reconstruction, 2000-01 ", Bond Authorization Account No. 3000-32, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs, or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $100,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the said specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00a. 12. (a) (2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 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 Page 80 00-0725.txt issued in anticipation of the sale of said bonds, may be contested only if- (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or the provisions of law which should be complied with 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: July 25, 2000 LAID ON THE TABLE NO. 235 By: Mr. Brown: BOND RESOLUTION $125,000 BONDS NORTH BUFFALO COMM. CTR. IMPROVEMENTS ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $125,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of the North Buffalo Community Center located at 203 Sanders Road, at the estimated maximum cost of $125,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Twenty-Five Dollars ($125,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of partial reconstruction of the North Buffalo Community Center located at 203 Sanders Road. 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 $125,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2000-0 1, 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 North Buffalo Comm. Ctr. Improvements, 2000-01", Bond Authorization Account No. 3000-32, 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 $125,000. Page 81 00-0725.txt This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12.(a)(2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 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: July 25, 2000 LAID ON THE TABLE NO. 236 BY: MR. BROWN: BOND RESOLUTION $140,000 BONDS LIBRARY RECONSTR/E. CLINTON BRANCH ACCOUNT NO. 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $315,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of the East Clinton Library located at 1929 Clinton Street, at the estimated maximum cost of $140,000. 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 Page 82 00-0725.txt 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 Hundred Forty Thousand Dollars ($140,000), 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 partial reconstruction of the East Clinton Library located at 1929 Clinton Street, including replacement of the roof. 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 $140,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2000-01, 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 Capita.' Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Librar3 Reconstr./Franczyk & E. Clinton Branches, 2000-0 1," 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 $140,00( 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 partially reconstructed is of at least Class "I construction, as defined by Section 11.00 a. I I (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 issued, within the limitations of Section 11.00 a. 12(a)(2) of the Local Finance Law, is fifteen years. (b) Current funds are not required by the Law to be provided as a do payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation n( 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 anticipated notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain 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 Page 83 00-0725.txt 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: July 25, 2000 LAID ON THE TABLE NO. 237 BY: MR. BROWN: BOND RESOLUTION $150,000 BONDS CAZENOVIA. PARK POOLS IMPROVEMENTS ACCOUNT NO. 300040 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $150,000 General Improvement Bonds of said City to finance the cost of improvements to the pools in Cazenovia Park in the South District, at the estimated maximum cost of $150,000. 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 Hundred Fifty Dollars ($150,000), 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 improvements to the pools in Cazenovia Park in the South District, including improvements to the existing ventilation system and toilet rooms. 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 $150,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2000-01, 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 Division of Parks, "Cazenovia Pool Refurbishment, 2000-01" Account No. 3000-40, 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 $150,000. 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 Page 84 00-0725.txt 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. 19(c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by 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: July 25, 2000 LAID ON THE TABLE NO. 238 BY: MR. BROWN: BOND RESOLUTION $175,000 BONDS LIBRARY RECONSTR/FRONCZYK BRANCH ACCOUNT NO. 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $175,000 General Improvement Bonds of said City, to finance the cost of HVAC improvements for the Franczyk Library located at 1080 Broadway, at the estimated maximum cost of $175,000. 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 Hundred Seventy-Five Thousand Dollars ($175,000), pursuant to the Page 85 00-0725.txt 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 partial reconstruction of the Fronczyk Library located at 1080 Broadway, including a new HVAC system. 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 $175,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2000-01, 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, "Library Reconstr./Franczyk & E. Clinton Branches, 2000-01, " Account No. 3000-32, and shall be used for the specific object or 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 $175,000. 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 improved is of at least Class "B" construction, as defined by Section 11. 00 a. I I (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, within the limitations of Section 11.00 a. 13 of the Local Finance Law, is ten (10) 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 Page 86 00-0725.txt 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: July 25, 2000 LAID ON THE TABLE NO. 239 BY: MR. BROWN: BOND RESOLUTION $200,000 BONDS DELAWARE PARK CASINO RECONSTRUCTION ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $200,000 General Improvement Bonds of said City, to finance the cost of the partial reconstruction of the Delaware Park Casino Building, at the estimated maximum cost of $200,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Thousand Dollars ($200,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the partial reconstruction of the Delaware Park Casino Building, including resealing joints, gutter rebuilding and installation of a sewer holding tank. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $200,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2000-01, 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, "Delaware Park Casino Reconstruction, 2000-01 ", Bond Authorization Account No. 3000-32, and shall be used for the purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $200,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B " construction as defined by Section 11. 00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the said specific object or purpose for which the bonds authorized by this Page 87 00-0725.txt resolution are to be issued, within the limitations of Section 11. 00 a. 12. (a)(2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 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: July 25, 2000 LAID ON THE TABLE NO. 240 BY: MR. BROWN: BOND RESOLUTION $238,000 BONDS RESTORATION KLEINHANS MUSIC HALL ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $238,000 General Improvement Bonds of said City to finance the cost of the partial reconstruction of Kleinhans Music Hall, at the estimated total cost of $238,000. 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, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Thirty-Eight Thousand Dollars ($238,000), 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 partial reconstruction of Page 88 00-0725.txt Kleinhans Music Hall, including restoration of main auditorium, stage, main floor and seating. The estimated total 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 $238,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2000-01, 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, "Kleinhans Main Auditorium Improvements, 2000-01 ", Bond Authorization 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 $238,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11. 00 a. 12. (a)(2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 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 prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for 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 this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is Page 89 00-0725.txt 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: July 25, 2000 LAID ON THE TABLE NO. 241 BY: MR. BROWN: BOND RESOLUTION $250,000 BONDS HANDICAPPED ACCESS IMPROVEMENTS ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $250,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of various City-owned buildings, to provide for handicapped access, at the estimated maximum cost of $250,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Fifty Thousand Dollars ($250,000), 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 partial reconstruction of various City-owned buildings to provide for handicapped access throughout the City. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $250,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2000-01, 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, "Handicapped Access Improvements, 2000-01 ", Bond Authorization Account No. 3000-32, and shall be used for the class of objects or purposes 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 $250,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated:. (a) The existing buildings are of Class "B " construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11. 00 a. 12. (a) (2) of the Law, is fifteen (15) years. Page 90 00-0725.txt (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 prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for 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 this 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: July 25, 2000 LAID ON THE TABLE NO. 242 BY: MR. BROWN: BOND RESOLUTION $300,000 BONDS AUTO IMPOUND ROOF IMPROVEMENTS ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $300,000 General Improvement Bonds of said City, to finance the cost of roof replacement at the Auto Impound building located at 166 Dart Street, in the City, at the estimated maximum cost of $300,000. 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 Three Hundred Thousand Dollars ($300,000), 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 roof replacement at the Auto Impound building located at 166 Dart Street, in the City. The estimated maximum cost of said specific object or purpose for which the bonds authorized by Page 91 00-0725.txt this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $300,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2000-01, 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, " Auto Impound Roof Improvements, 2000-01 ", Bond Authorization Account No. 3000-32, 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 $300,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of at least Class "C" construction as defined by Section 11. 00 a. 11. (c) of the Law, and the period of probable usefulness applicable to said specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11. 00 a. 12. (a)(3) of the Local Finance Law, is ten (10) 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 such obligations are authorized in violation of the provisions of the constitution. Introduced: July 25, 2000 Page 92 00-0725.txt LAID ON THE TABLE NO. 243 BY: MR. BROWN: BOND RESOLUTION $300,000 BONDS CITY HALL RECONST, ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $300,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of City Hall, located at Niagara Square in the City, at the estimated maximum cost of $300,000. 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 Three Hundred Thousand Dollars ($300,000), 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 partial reconstruction of City Hall, located at Niagara Square in the City, including Council Chambers, tower roofs, terra cotta facade and copper gutters. 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 $300,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2000-01, 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, "City Hall Reconstr., 2000-01", Bond Authorization Account No. 3000-32, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $300,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building to be partially reconstructed is of Class "B" construction as defined by Section 11. 00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11. 00 a. 12. (a)(2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section Page 93 00-0725.txt 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or 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: July 25, 2000 LAID ON THE TABLE NO. 244 BY: MR. BROWN: BOND RESOLUTION $700,000 BONDS 60 HEDLEY PLACE RESTORATION ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $700,000 General Improvement Bonds of said City to finance the cost of partial reconstruction of the historic City-owned structure located at 60 Hedley Place, at the estimated maximum cost of $700,000. 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 Seven Hundred Thousand Dollars ($700,000), 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 partial reconstruction of the historic City-owned structure located at 60 Hedley Place. 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 $700,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2000-01, as Page 94 00-0725.txt 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, " 60 Hedley Place Restoration, 2000-01 ", Bond Authorization Account No. 3000-32, 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 $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 existing building to be partially reconstructed is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 11(a)(2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or 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: July 25, 2000 LAID ON THE TABLE NO. 245 Page 95 00-0725.txt BY: MESSRS. BROWN, GOLOMBEK, FISHER, COPPOLA, FONTANA, AND BONIFACIO, AND MS. GRANT, MS. MILLER- WILLIAMS, MS. GRAY, MS. LOTEMPIO, AND MS. ELLINGTON DISCRIMINATION IS GROUNDS FOR RESCINDING A CITY CONTRACT Whereas: This Common Council has repeatedly made it clear that discrimination in hiring and employment practices has no place in City Government: and Whereas: This Council also desires to make it clear that discrimination is completely unacceptable when practiced by contractors who are being paid with tax dollars; and Whereas: There is currently no mechanism that guarantees contracts can be rescinded upon a finding of discrimination on the part of a contractor working for the City of Buffalo, Now, Therefore, Be It Resolved That: This Common Council requests the Corporation Counsel to draft and file a clause, to be inserted in all City of Buffalo contracts, that would allow the City to rescind the contract when a confirmed finding of discrimination on the basis of race, sex, sexual orientation, national ori in, age. disability or religion is 9 made against the contractor by the City, the US Equal Employment Opportunity Office, the New York State Division of Human Rights or by the Courts. REFERRED TO THE COWITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 246 BY: MR. BROWN ORDINANCE AMENDMENT CHAPTER 454 - TOW TRUCKS The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 454 of the Code of the City of Buffalo be amended to read as follows: ARTICLE I GENERAL TOWING 454-1. Intent and Definitions. A.It is the intent of the City of Buffalo, through the enactment of this ordinance, to regulate instances of towing in the City of Buffalo in order to promote safety and responsibility within the streetsand highways of the City of Buffalo. The public interest is served by the licensing o towing companies and vehicles in order to properly identify tow trucks and to protect the citizens Yc of the City from abuse and mistreatment. B.As used in this [chapter] ~!~, the following terms shall have the meanings indicated: PERSON - Includes any individual, partnership, firm, corporation, association, company or organization of any kind. TOWING (COMMERCIAL) - The moving or removing of disabled, illegally parked or abandoned motor vehicles or motor vehicles involved in accidents by another motor vehicle, for which there is direct or indirect compensation. TOW TRUCK OWNER - Includes anyone owning and operating or causing to be operated a tow truck for compensation within the City of Buffalo. 454-2. License required. A.It shall be unlawful after the effective date of this chapter for any person to conduct the business for compensation of owning and operating or causing to be operated a tow truck within the City of Buffalo without first Page 96 00-0725.txt having obtained a license in the manner hereinafter set forth. B.Any person violating the provisions of this section may be liable for penalties as prescribed in Chapter 137, Article 1, of this Code. C. It shall be unlawful after the effective date of this chapter for any person to operate a tow truck for compensation within the City of Buffalo without first having obtained a license in the mannerhereinafter set forth. It shall not be necessary, however, for a person who does not maintain a place of business within the City of Buffalo to obtain such a license for the purpose of providing a towing service that either originates or terminates outside of the City of Buffalo. 454-3. Application for license. Applications for licenses required by this chapter shall be made upon forms provided by the [Director of Housing and Inspections] Department of Pen-nit and Inspection Services of the City of Buffalo, shall be signed and verified under oath by the applicant if an individual and by a duly authorized agent if a partnership or corporation or similar organization and shall set forth the following: A. If a person, the name and address of the applicant. C-Y B. If a partnership, the name, residence and business address of each partner. C. If a corporation, the name, date and state under whose laws such corporation was organized, and if a foreign corporation, whether authorized to do business in the State of New York, and in either event, the names of the principal officers, directors or other authorized agents, their residences and business addresses. D. If an organization of any other kind, the authorized agents for said organization and their residences and business addresses. E Photocopies of New York state driver's licenses of all drivers. F. Affidavits attesting that the drivers have no criminal record or a full disclosure of an prior criminal history and an authorization for a criminal background check \ 454-4. Issuance of license. The [Director of Housing and Inspections] Commissioner of Permit and Inspection Services shall forward such application for a license, along with [other pertinent information], to the Department of [Public Works] of the City of Buffalo; and after an investigation [and favorable report] by said Department, the [Director of Housing and Inspections] Commissioner of Permit and Inspection Services, upon payment of the proper fee and provided, further, that he is reasonably satisfied that the applicant is a responsible individual or organization, that the individuals concerned are of good character and that the statements set forth in the application are true and that all laws and ordinances pertaining thereto have been complied with, shall issue a license to the tow truck owner or applicant. A license may not be issued to an owner or driver convicted of any felony, any offense relating to the theft or dismantling of motor vehicles, insurance fraud or sex offenses, or any series of convictions for traffic offenses that would indicate a pattern of disregard for vehicle safety 454-5. Display and transferability of license. Upon the issuance of such license, the holder thereof shall be allowed to operate a tow truck for compensation within the City of Buffalo, provided that he conspicuously displays Page 97 00-0725.txt in clear and legible letters of at least two (2) inches in height on both doors of the tow truck the owner'sname, business location and telephone number and the number of his license or otherwise identifies himself as a holder of a valid license from the City of Buffalo; and provided, further,that such license number or other identification of the license holder is displayed Conspicuously in clear and legible letters of at least four (4) inches in height on both doors of the tow truck. B. No license issued under this chapter shall be transferable or assigned or used by any other person other than the one to whom it is issued. C. Any person violating the provisions of this Section may be liable for penalties as prescribed in Chapter 137, Article 1, of this Code. 454-6. License fees; expiration. The biennial license fee for doing business as the owner or operator of a tow truck within the City of Buffalo shall be the sum as provided in Chapter 175, Fees, and such license shall expire on the second April I following the date of issuance. 454-7. Renewal of license. An application for renewal of a license shall be filed and the fee therefor paid on or before the 15th day of March biennially. 454-8.Revocation of license. The [Director of Housing and Inspections] Commissioner of Permit and Inspection Services may revoke a license issued under this chapter upon a hearing, after a reasonable written notice of the time and place of such hearing, for cause and particularly if he finds that the licensee has made any materially false or incorrect statements in the application or if he finds that the licensee has failed to comply with any of the provisions of this chapter or any other statute, regulation or ordinance relating to the operation and/or ownership of tow trucks. 454-9. Responsibilities of licensee. Anyone holding a valid license for the ownership and/or operation of a tow truck under this chapter, when responding to a call for his services, shall cooperate fully with all lawfully constituted authorities and shall immediately remove any vehicles that may be a traffic hazard and shall immediately remove or cause to be removed any debris or dislodged parts of motor vehicles which may have been deposited on any of the streets of this city because of the incident for which his services were required. ARTICLE 11 AUTHORIZED CITY TOW TRUCKS ~454-10.Purpose and applicability. A.It is the purpose and intent of this chapter to establish an orderly system for the safe and expeditious removal of disabled motor vehicles from the streets of the City of Buffalo, to supervise and control the operation of towing businesses that are granted permission to tow for the Police Department or the Division of Parking Enforcement, and to remove and dispose of vehicles abandoned on streets located in the City of Buffalo. B.The provisions of this chapter shall not prohibit the driver or owner of a vehicle which needs towing service from contracting with towing company of his or her own choice, provided that: (1)The vehicle is not being towed by police order pursuant to an arrest or a violation of law or statute or for police investigation: and Page 98 00-0725.txt (2)The towing service contracted with has the ability to, and actually does, respond within a reasonable period of time, as determined by the police officer in charge at the scene, taking into consideration traffic conditions and the safety and well-being of those affected by the situation. C.Services provided by an authorized City tower not specifically covered by this chapter shall not be regulated by the City of Buffalo and will be based solely on the contract which exists between the towing company and the driver/owner of the-vehicle. 454-11.Definitions. As used in this article, the following terms shall have the meanings indicated: ABANDONED VEHICLE - A vehicle as defined in 1224 of the Vehicle and Traffic Law of the State of New York. ACCIDENT - Any incident or occurrence in which one (1) or more motor vehicles come in contact with each other or any other object, thereby causing damage to or disabling a moto vehicle. AUTHORIZED INVOICE - An invoice 4pproval by the Department of Pen-nit and Inspection Services which contains: A.The name, address and telephone number of an authorized City tower. B.The logo of a nationally recognized credit or debit card. C.A list of current towing charges of the authorized City tower. AUTHORIZED CITY TOWER - A towing company which has been Appproved by the Police Department, the Division of Parking Enforcement and the Department of Pen-nit and Inspection Services to tow vehicles on behalf of the City of Buffalo. AUTHORIZED TOW TRUCK - A specially equipped vehicle designed for the towing or pushing of disabled vehicles and which is: A.At least one (1) ton commercially built wrecker body. B.Equipped as set forth in ~454-18 of this ch4pter. C.Registered as a tow truck with the New York State Department of Motor Vehicles. CITY - City of Buffalo. DEPARTMENT OF PERMIT AND INSPECTION SERVICES - The Commissioner of the Department of Permit and Inspection Services of the City of Buffalo or any other member of Department designated by the Commissioner of the Department of Permit and Inspection Services to perform duties under this chapter, DIVISION OF PARKING ENFORCEMENT - The Director of the Division of Parking Enforcement of the City of Buffalo or any other member of Division designated by the Director of the Division of Parking Enforcement to performing duties under this chapter. DRIVER - A person who operates or drives or is in actual physical control of an authorized tow truck and whose license authorizes such person to operate said tow truck pursuant to the terms and conditions of section 501 of the Vehicle and Traffic Law. HEAVY TOW TRUCK - An authorized tow truck having a winch and which is capable of lifting a motor vehicle having a minimum Gross Vehicle Weight Rating (GVWR) of ten Page 99 00-0725.txt thousand (10,000) pounds. LETTER OF AUTHORIZATION - A document signed by the Commissioner of Permits and Inspection Services authorizing a towing company to provide service for the City of Buffalo Police Department and which: A.Is annually renewable. B.Specifies all the terms an authorized City tower must abide by. C.May be rescinded by either p4lly upon giving the other party twenty-four (24) hours' prior written notice. D.May be suspended by the City without prior written notice pending a hearing to determine whether there is sufficient cause to revoke such letter. POLICE DEPARTMENT - The Commissioner of Police of the City of Buffalo or any other member of Police Department designated by the Commissioner of Police of the City of Buffalo to perform duties under this chapter. TOWING - The moving or removing of disabled, illegally parked or abandoned motor vehicles or motor vehicles involved in accidents by another motor vehicle, for which there is direct or indirect compensation. 454-12.Circumstances for removal of vehicles. The Police Department or the Division of Parking Enforcement may direct the removal of vehicles in the following circumstances: A. When any vehicle is parked or abandoned on any highway within the City during snowstorm, flood, fire or other public emergency which affects that portion of the public highway Lipon which said vehicle is parked or abandoned. B.When any vehicle is found unattended or for any reason disabled on any highway within the City where said vehicle constitutes an obstruction to traffic. C.When M vehicle is parked or abandoned on any highway within the City where stopping, standing or parking is prohibited. D.When M vehicle is disabled and rendered inoperable for any reason upon a public highway or right-of-way. E.When any vehicle is parked on private property without the consent of the owner of such property. F. must be removed from the public highway or from private property other than the driver's, or When the driver of such vehicle has been arrested and taken into custody and the vehicle when the vehicle must be removed to ensure the safety of the vehicle and its contents. 454-13.Authorization to tow required. No towing company shall be allowed to tow vehicles on behalf of the City of Buffalo unless and until it has been Approved by the Department of Permit and Inspection Services and the Police Department as an authorized City tower in accordance with this chapter. The Division of Parking Enforcement may also contract with towing companies as needed to further the duties of the Division. ~454-14.Duties of Department of Permit and Inspection Services. The Department of Permit and Inspection Services is hereby authorized to: A.Receive and review any and all applications filed with the City by towing companies for permission to be designated as authorized City towers. B.Solicit the approval of the Police Department which towing companies should be designated Page 100 00-0725.txt as authorized City towers. C. Determine, in cooperation with the Division of Parking Enforcement, the policy and procedure for all items pertaining to the towing of vehicles on behalf of the City of Buffalo which are not addressed in other sections of this chapter. ~454-15.Application for letter of authorization. A. An application for a letter of authorization shall be made upon forms made available by the Department of Permit and Inspection Services. Such application shall include the following information: (1)The name, address and telephone number of the business. (2)The name of the owner of the business, his address and telephone number. (3)The name, address and telephone number of the contact person at the business. (4)The location and size of the storage area, along with the location and size of an alternate or additional storage areas. (5)The hours the storage area is supervised. (6)The height and type of construction of fence surrounding the storage area. (7)A description of the trucks and the owners' names (including year. make, model, vehicle identification number and New York State registration number). (8)The number and types of trucks available for towing. (9)The number, names, addresses and dates of birth of drivers available for tow trucks. (10)The flatbeds available (11)The dollies available. (12) A certificate of insurance for liability/property/personal injury damage showing thereon limits of insurance, as prescribed by the Corporation Counsel. (13)Visa Card and MasterCard contracts (copies). (14)References. (15)A resume of business/towing experience and training. (16) Permission for the Buffalo Police Department to conduct a finger-print criminal history record investigation of the owner(s) and driver(s). Waivers will be signed by each owner and driver. Such fingerprints will be forwarded to the Division of Criminal Justice Services (DCJS) along with the appropriate processing fee. All processing fees are to be paid by the applicant and the only authorized method of payment will be a United States Postal or American Express money order made out to the Division of Criminal Justice Services. Authorization may not be granted to an owner or driver convicted of any felony, any offense relating to the theft or dismantling of motor vehicles, insurance fraud or sex offenses, or any series of convictions for traffic offenses that would indicate a pattern of disregard for vehicle safety. (17) Per-mission shall be granted by the applicant for an unannounced on-site in Connection of the applicant's premises by the Police Department. (18) An affidavit attesting that either the applicant has no criminal background or the applicant's complete criminal history has been disclosed to the Department of Pen-nit and Inspection Services. B.Term of letter of authorization. Page 101 00-0725.txt (1)If a towing company is designated as an authorized City tower, such fin will be issued a letter of authorization, which will expire one (1) year from the date of issuance. Reissuance of such letter of authorization will be based on the past performance of said towing company and on continued compliance with all the provisions of this chapter. (2)The letter of authorization represents an agreement to provide towing service to the City of Buffalo for one (1) year. The Department of Permit and Inspection Services may renew this letter annually without requiring a new application, or may decline to renew the letter of authorization at the Director's discretion based on complaints about the towing company, noncompliance with this chapter or the desire to reduce the number of authorized City towers. (3)Nothing in this chapter shall prohibit a towing company from reapplying for designation as an authorized City tower. C.In the event any of the information required by the application should change, the applicant must notify the Department of Permit and Inspection Services and advise them of such change. It is the responsibility of the towing company to keep all information on_file up to date. W4-16.License and registration fee. A.To qualify as an authorized City tower, each towing company shall remit a biennial license fee of fifty-two dollars and fifty cents ($52.50) to the City per zone. B.Prior to approval or reissuance of a letter of authorization, an authorized City tower shall remit a biennial registration fee of one thousand dollars ($ 1,000.00) to the City per zone. C.The letter of authorization shall not be transferable and the registration fee shall not be prorated. D.The registration fee shall be due upon issuance or reissuance of the letter of authorization and shall expire on the second April I following the date of issuance. 454-17.Minimum requirements for designation as authorized City tower. A.A towing company must meet the following minimum requirements before it will be considered as an authorized City tower: (1)The applicant's towing company, tow trucks and drivers must be equipped and licensed in accordance with this chapter. (2)All of the requirements of this chapter must be successfully met, an approve application must be received and all information and data contained therein must be verified b the Department of Permit and Inspection Services. The proper and necessary insurance certificates must be obtained and submitted to the Department of Permit and Inspection.Services. (4)The applicant must own or lease a facility that complies with the provision of 454-19 of this chapter. (5)The facility and property must be at a location that is zoned Properly for such tYJ2e of business and must comply with all laws of the City, the County of Erie and the State of New York. B.An authorized City tower must also meet the following requirements: (1)The City tower must provide rapid service, which means the tower must respond within thirty (30) minutes. Page 102 00-0725.txt (2)The City tower must have a storage lot as specified in ~454-19 of this chapter. (3)There must be a building or other acceptable office facility on the storage site. (4)The office shall be staffed, at the minimum, at the following times: Mondays through Fridays from 9:00 a.m. to 5:00 p.m., and either Saturdays or Sundays from 9:00 a.m. to 12:00 p.m. The telephone number(s) for twenty-four (24) hour retrieval must be posted in conspicuous place on the storage site. (5)The City tower must utilize an authorized invoice containing the address, phone numbers and fee schedule of the authorized City tower. (6)The City tower must maintain at least two (2) tow trucks per zone. (7) Vehicles shall be subject to periodic inspection by the Police Department and/or the Department of Permit and Inspection Services. (8)Rates charged shall not exceed the rates set forth in ~5,454-24 o this chapter. (9)The City tower shall be authorized to take vehicles only to a pre-designated area, unless authorized emergency storage is ordered by the Police Department or the Division of Parking Enforcement, if the owner or operator of such vehicle does not identify as alternate storage location. (10) The towed vehicle must be towed only by the assigned authorized City tower. No surrogates are allowed unless specifically authorized by the Police Department or the. Division of Parking Enforcement. C.An authorized City tower shall as a condition to being designated as an authorized City tower, agree to accept and abide by all of the teens of this chapter. W4-18.Required minimum equipment. Authorized tow trucks shall have the following minimum equipment on board at all times: A.Amber lights, as defined in ~375, Subdivision 41(3) of the Vehicle and Traffic Law of the State ofNew York. B.A carbon dioxide or dry powder fire extinguisher with a minimum capacity of ten (10) pounds. C.One (1) dozen red railroad-type flares thirty (30) minutes D.A safety chain. E.A shovel. F.A broom. G.A commercially manufactured rigid tow bar with slings or a commercially manufactured wheel lift. H.A dolly with wheels. 1.One (1) pair of chains eight (8) feet in length with J hooks and T hooks attached. J.A tow block (m4y use a four-foot piece of a wooded four-by-four, if no ,wheel lift is available). K.Scotch blocks. L. -A trailer for motorcycles, all-terrain vehicles, snowmobiles (a flatbed would satisfy this requirement). M.Trucks must be clearly marked with the name, address and telephone number of the towing company in at least two-inch letters on both doors of the truck. Page 103 00-0725.txt N.Work lights directed to the rear of the vehicle to illuminate the area behind the tow truck. 0.If the City requires two-way radio communication, authorized City towers will equip all their trucks at their own expense with designated radio equipment as specified by the Police Department. ~454-19.Storage of towed vehicles. A.Any vehicle removed by an authorized City tower shall be stored in a lot enclosed by chain link or stockade fence at least six (6) feet in height. This fence must be maintained in good repair with no breaks or open areas. Vehicles may be stored in an enclosed building in lieu of a fenced lot. B.Exterior lighting of the vehicle storage area shall be required and shall be directed towards the vehicle storage area in a manner that is sufficient to live the entire area to allow all of the vehicles to be clearly seen during the hours of darkness. The lighting must not reflect or glare into adjoining residences or businesses. Lighting must be operational during the hours of darkness and must be kept in good working condition. C. The minimum storage capacity on the actual site of the business must be no less than ten (10) vehicles. The authorized City tower must have alternate temporary storage 1vailable to him for additional ten (10) vehicles: such teMpor4r_y storage must be approved by the Department of Permit and Inspection Services and must be in a fenced and secure area. D.Any actual or suspected tampering with towed vehicles or any theft must be reported to the Police Department within twenty-four (24) hours of the incident. E.The City will assume ownership of all abandoned vehicles pursuant to 224 of the Vehicle and Traffic Law of the State of New York. F.Upon obtaining ownership of abandoned vehicles said vehicles will be disposed of in accordance with 1224 of the Vehicle and Traffic Law of the State of New York. The tower ma be directed to deliver such abandoned vehicles to a designated site. The tower will then be paid for such towing by City voucher. No storage charges will be paid by the City for abandoned vehicles. G.The maximum fees to be paid by the City for any abandoned vehicle impounded and disposed of by the City shall be fifty dollars ($50). H.In no case will the amount paid to the tower exceed the salvage fee or any other payment the City has received. 1.Towers must establish contact in a timely manner with the registered owner of a vehicle and inform them where the vehicle is being stored in the event the owner or a responsible party is not present at the scene of the tow. Information on storage rates should also be conveyed at that time. 454-20.Removal of towed vehicles-, records. A.The authorized City tower shall, without delay, report to the Police Department 911 Lieutenant at (716) 851-4549 the removal and disposition of any vehicle removed as provided in this chapter. B.Towers shall keep accurate and orderly Page 104 00-0725.txt records of all vehicles towed, in a manner prescribed by the Division of Parking Enforcement. ~454-21.Release of vehicles. The Division of Parking Enforcement will establish procedures and shall disseminate standardized forms to be used for releasing all impounded vehicles. W4-22.Conversion of vehicles to City use. Any vehicle towed pursuant to this chapter or otherwise caused to be towed by the City which shall become an abandoned vehicle may be converted to City use pursuant to 1224, Subdivision 6 of the Vehicle and Traffic Law of the State of New York. 454-23.Tow zones, A.The Police Department is hereby empowered to establish tow zones. within sixty (60) days from the effective date of this chapter. These zones should be designed to ensure the best towing coverage, dispatch efficiency, response time and convenience for drivers claiming their vehicles. Once these zones are established, only that tower assigned to that zone will be allowed to tow vehicles within that zone. Authorized City towers will be dispatched from a list designated for that zone on a rotational basis. The Police Department may amen I the zones as required by circumstances. B. During any highway emergency, such as snowstorms, floods, etc., the Police Department may suspend the boundary lines of these zones for the purpose of more efficient vehicle removal. The Police Department may not suspend these boundary lines for more than ten (10) consecutive d4ys without authorization from the Common Council. C.The Police Department shall retain the discretion to determine whether a tower is qualified to perform any particular tow at the scene of such tow. 454-24.Rate schedule. Authorized City towers shall not charge more than the following rates for the following respective services: A.Passenger vehicles and light trucks; (1) Standard two vehicles up to ten thousand pounds $70.00 (2) Flat bed$90.00 (3) Additional fees for labor, recovery and towing (a) Truck and driver hourly rate$75.00 (b) Dolly wheels$20.00 (c) Trailer for motorcycle, ATV/C, snowmobile$20.00 (d) Wincing per one-fourth 1/4hour$20.00 (4) Storage (per day) $20.00 (5) Releasing after 5:00 p.m. weekdays or other than required business hours on Saturday, Sunday and holidays$20.00 ~454-25.Inspections. A. Storage area and tow trucks. Upon receipt of a properly completed application, the Department of Pen-nit and Inspection Services shall direct the application to be reviewed and an on site inspection of the storage area and tow truck(s) to be conducted by the Division, the Police Department and the Fire Department to determine if the requirements as set forth in this chapter are met. Within a reasonable time after completion of the review and inspection, the Police Department and the Fire Department shall either recommend approval or denial of the Page 105 00-0725.txt application to the Director of Permit and Inspection Services. B. Periodic inspections. The Police Department will make quarterly on-site inspections of each tower's operating base and storage area. During this inspection, all required records, forms, tow trucks, storage areas, lighting, security, tow truck equipment, etc., is subject to inspection. The result of this inspection will be made part of the towing company's permanent file. C. Compliance. Towers will have fifteen (15) days to bring any deficiency noted during an inspection into compliance with the provisions of this chapter. Failure to do so will begrounds for cancellation of the letter of authorization. 454-26. Monthly audit. An authorized City tower shall provide copies of any receipts to the Department of Permit and inspection Services on a monthly basis. This will be accomplished by providing the Division with coj2ies of these receipts no later than the fourth day of every month. These receipts shall reflect all towing work done for the Police Department and/or the Division of Parking Enforcement during the precious month. 454-27.Revocation of letter of authorization. An authorized City tower may be removed from service by Police Department and/or the Division of Parking Enforcement via the process of rescinding the letter of authorization j2r-ior to the annual expiration date for violating the provisions of the letter of authorization, this chapter or for making materially false statements on the application for a letter of authorization. 454-28.Appeal and hearing. In the event that the Police Department and/or the Division of Parking Enforcement refuses to recommend renewal or revokes or suspends a letter of authorization, the authorized City tower shall have the right to appeal such refusal, revocation or suspension to the Department of Permit and Inspection Services, in accordance with the following, provisions: A. Refusal, revocation or suspension of a letter of authorization shall be determined by the Department of Permit and Inspection Services after a hearing held Pursuant to the notification procedure listed in Subsections B through D of this section. B. Whenever it shall be provided herein that a hearing shall be held, such hearing shall be held ona date and at a place and hour designated by the Department of Permit and Inspection Services. C. The Department of Permit and Inspection Services shall give notice of any hearing to be held hereunder, stating the name and business address of the authorized City tower concerned, the subject matter of the hearing and the date, place and hour designated therefor, by mailing a copy of such notice to the tower concerned at the business address shown upon the most recent application of such tower at least ten (10) days prior to the date of such hearing. D. At any hearing held for the refusal, revocation, suspension or removal of a tower from a list, such tower shall be entitled to be represented by legal counsel and to present testimony to other evidence in his own behalf, as may be relevant to the subject matter of the hearing. 454-29.Effective dates. This chapter shall become effective on the first day of July Page 106 00-0725.txt 2000. 454-30. Severability. Should any section or provision of this chapter be decided by any court to be unconstitutional or invalid, such decision shall not affect the validity of this ch4pter as a whole or any part hereof other than the part so decided to be unconstitutional or invalid. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel NOTE: Matter in brackets to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 247 BY: MESSRS. BROWN, COPPOLA, GOLOMBEK AND FONTANA, AND MRS. MARTINO REQUEST DOW CHEMICAL COMPANY TO BUY BACK LOCAL STOCKS OF DURSBAN Whereas: On June 8, 2000, the U.S. Environmental Protection Agency (EPA) and the Dow Chemical Company came to an agreement whereby Dow will stop production of the pesticide "Dursban" for home, lawn and garden use; and Whereas: Under this agreement, retailers are allowed to sell their remaining stock of Dursban until December 31, 2000, one year after Dow stops making it, and Whereas: "Dursban" is a trade name for the chemical chlorpyrifos, an organophosphate pesticide that works by disrupting the nervous systems of living organisms; arid Whereas: According to the National Coalition Against the Misuse of Pesticides, Dursban is acutely toxic to bees, birds, mammals and aquatic life, and exposure to Dursban can cause birth defects and a number of problems related to the respiratory, cardiovascular and central nervous systems; and Whereas: In announcing the agreement, EPA Administrator Carol Browner stated "Exposure to these kinds of pesticides can cause neurological effects. Now that we have completed the most extensive scientific evaluation ever conducted on the potential health hazards from a pesticide, it is clear the time has come to take action to protect our children from exposure to this chemical;" and Whereas:In 1997, EPA's Office of Pesticide Programs reported that Dursban is one of the leading causes of acute insecticide poisoning incidents in the U.S.; and Whereas: There may be some commercial logic in allowing the continuing sale of Dursban, but the potential health effects of Dursban sold during this "grace period" will be no less dangerous than the ones which led the EPA to take the extraordinary measure of essentially banning this pesticide; and Whereas:Businesses in Buffalo both large and small, should not have to absorb a financial loss for a product bought in good faith; nor should they be put in the position to have to sell this toxic substance to their customers in order to avoid a financial loss; and Whereas: Many local nurseries, pest applicators, hardware stores and other venues have already stopped using and selling Dursban; Page 107 00-0725.txt Now, Therefore, Be It Resolved: That this Common Council requests the Dow Chemical Company to buy back stocks of the pesticide Dursban, along with other formulations of chlorpyrifos that are being phased out, from all businesses in Buffalo that wish to return it; and Be It Further Resolved That; This Council commends those businesses that have already stopped using and selling Dursban. ADOPTED NO. 248 BY: MR. BROWN AND MRS. GRANT REQUEST TO DEVELOP AN EFFECTIVE GRASS CUTTING PLAN FOR GAITER PARKWAY Whereas:On October 1998, the City of Buffalo completed the Parkway between Delevan and Kensington and named it William Gaiter Parkway, in honor of Civil Rights Leader William L. Gaiter, and Whereas:The Maintenance of the Parkway is not keeping with the image of this significant Civil Rights Leader, and Whereas:Council offices receive numerous complaints from businesses, block clubs, and residents from the surrounding community about the maintenance and conditions of the Parkway, and Whereas:Block Clubs with limited resources should not be expected to assume the responsibility for maintaining this Parkway; Now, Therefore, Be It Resolved: That this Common Council requests that the Department of Public Works, Parks, and Streets immediately cut the grass and remove dumping at William Gaiter Parkway; and Be It Further Resolved: That this Council requests that the Department of Public Works, Parks, and Streets file an effective grass cutting plan for William Gaiter Parkway in writing with the Council no later than 2:00 PM, Thursday July 27, 2000 REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 249 BY: MR. BROWN RESTORATION OF NEWLY PAVED STREETS IN THE FILLMORE LEROY AREA Whereas:In 1999 various streets were paved in the Fillmore Leroy Area; and Whereas:In 2000, the same streets that were overlaid have been damaged by utility companies or City of Buffalo Departments performing repairs or upgrades to utilities and/ or water lines; and Whereas:My office has received numerous complaints regarding the restoration of these streets in this area; Now, Therefore, Be It Resolved: That the Department of Public Works ' Parks and Streets have the parties responsible for the damage to the streets in the Fillmore Leroy Area, paved in 1999, restored to their original condition in this paving season (2000). REFERRED TO THE COMMITTEE ON LEGISLATION, COPERATION COUNSEL AND COMMISSIONER OF PUBLIC WORKS, PARKS AND STREET SANITATION NO. 250 BY: MR. BROWN Page 108 00-0725.txt TRANSFER OF FUNDS COMMON COUNCIL - LEGISLATIVE 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 $4,500 be and the same is hereby transferred within Legislative and said sum is hereby reappropriated as set forth below: From: 10 102001 -Legislative 412002 - Hourly Salary$4,500 To: 10 106001 -Legislative Councilmember Gray 411001 -Annual Salary$4,500 PASSED AYES -13 NOES - 0 NO. 251 BY: MR. BROWN TRANSFER OF FUNDS COMMON COUNCIL - CITY CLERK 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 $2,500 be and the same is hereby transferred within Legislative and said sum is hereby reappropriated as set forth below: From: 10220001 - City Clerk 412002 - Hourly Salary$2,50 To: 10220001 - City Clerk 411001 -Annual Salary$2,500 PASSED AYES -13 NOES - 0 NO. 252 BY: MR. BROWN WAIVER OF STREET CLOSING AND PARADE FEES Whereas: Marcus Garvey continues to be a notable figure of Africa n-America n History and this year marks the 102 nd birthday of Marcus Garvey; and Whereas: The Marcus Garvey Day Organizing Committee, located at Harambee Book's and Crafts 108 Sycamore Ave, Will celebrate his birthday with a two day event on Thursday And Friday August 17 and 18 th at Hope Kensington-United Methodist Church located at 440 Leroy Ave; and Whereas: The Marcus Garvey Day Organizing Committee has requested assistance in blocking off the section of Leroy Ave. between Manhattan Ave. and Marigold Street; and Whereas: The Marcus Garvey Day Organizing Committee will conduct a parade on August 18, 2000 from Manhattan to Bailey to Leroy; Now, Therefore, Be It Resolved: That the Department of Public Works! Streets, and Parks waive all applicable fees for the parade and street closing. PASSED AYES -13 NOES - 0 NO. 253 BY:MR. FISHER APPOINTMENTS: LEGISLATIVE AIDE & ASSISTANT LEGISLATIVE AIDE I hereby appoint the following individuals effective July 31, 2000. Page 109 00-0725.txt Appointee: Mauri W. Hicks 170 Hughes Avenue, Buffalo 14208 Title:Legislative Aide Appointee: Carolyn N. Blackmon 393 Leroy Avenue, Buffalo 14214 Title:Assistant Legislative Aide CHARLEY H. FISHER III COUNCILMEMBER-AT-LARGE ADOPTED NO. 254 BY:MR. FISHER, MR. PITTS, MR. BROWN, MS, GRAY, MRS. GRANT, MR. GOLOMBEK, MR. BONIFACIO, MRS. MILLER-WILLIAMS, MRS, LOTEMPIO, MS. ELLINGTON, MRS. MARTINO, MR. FONTANA, MR. COPPOLA REQUEST TO NAME A FUTURE BUFFALO PUBLIC SCHOOL BUILDING IN HONOR OF DR. LYDIA T. WRIGHT. Whereas:Dr. Lydia T. Wright was educated in the Cincinnati, Ohio public schools and attended the University of Cincinnati and Fisk University in Nashville, Tennessee and was graduated in 1947 from Meharry Medical College, and Whereas:Lydia T. Wright, M.D., married Frank G. Evans, M.D. in 1951. Together they opened medical offices at 1453 Jefferson Avenue in Buffalo, NY, in 1952, and Whereas:Dr. Wright was the first African American pediatrician in Buffalo and practiced pediatrics for 36 years, retiring in 1988, and Whereas:Dr. Lydia Wright was the first African American person to serve on the Buffalo Board of Education (1962-1967), and Whereas:In 1963, Dr. Wright proposed having each academic high school specialize in a particular area of the curriculum and draw pupils from all parts of the city - A foreshadowing of the Magnet School system that eventually desegregated the city's schools, and Whereas:Dr. Wright was the leading advocate of integration and the lone school board member to oppose the controversial 1964 decision on the attendance zone for Woodlawn Junior High School, and Whereas:Dr. Wright was the community's voice during board debates on school racial integration, then usually called "racial balance", and Whereas:In 1967, Dr. Wright was the first recipient of the Barber G. Conable award from the Citizen's Council on Human Relations, and Whereas:Dr. Lydia T. Wright is the recipient of the Red Jacket Award from the Buffalo and Erie County Historical Society, The Medgar Evers Award from the NAACP, The Brotherhood Award from the National Conference of Christians and Jews, and the Pediatrician of the Year Award from the Buffalo Pediatric Society, and Whereas:Kensington Heights is a proposed site for one of six new Buffalo Public Schools. This site is an excellent example of a future school building to name in honor of Dr. Wright. Now, Therefore, Be It Resolved: That on behalf of thousands of residents and community leaders in the city of Buffalo, the Common Council strongly urges the Buffalo Board of Education to name one of its' proposed new schools, preferably at Kensington Heights, in honor of Dr. Lydia T. Page 110 00-0725.txt Wright, and Be It Further Resolved That: The Education Committee of the Buffalo Common Council will hold hearings on this matter, and Be It Finally Resolved That: Marion Canedo, Superintendent of Buffalo Public Schools, members of the Buffalo School Board and members of the Joint School Construction Board will be invited to attend said hearings and shall receive certified copies of this resolution from the City Clerk. ADOPTED NO. 255 BY: MR. FONTANA ELEVATOR INSTALLATION FEES ST. LAWERENCE PARISHL Whereas: Saint Lawrence Parish located at 1520 East Delavan Avenue is about to embark- on improvements for disabled individuals; and Whereas: Saint Lawarence parish is preparing to have an elevaltor installed to assist with access to the church for individuals with disabilites;and Whereas: The installation of the elevator shall result in several permit fees before completion of this necessary addition to assist individuals with disabilities; and Therefore Be It Resolved: That the Common Council waive all fees associated with the installation of the elevator. PASSED AYES -13 NOES - 0 NO. 256 BY: MR. FONTANA , MS ELLINGTON AND MS MARTINO CITY OF BUFFALO'S HOMESTEADING PROCESS Whereas:The City of Buffalo Urban Homestead Program was approved by the Common Council as part of the Urban Renewal Plan for the Community wide Demonstration Program in 1974; and Whereas:The City of Buffalo has acquired 572 vacant lots since last year and has only homesteaded 14 of these vacant lots for the 1999-00 year; and Whereas:Many of these vacant City-owned lots are not large enough for new housing and should be homesteaded; and Whereas:Homesteading of City-owned lots helps to keep neighborhood reduces the appearance of blight, and puts the property and Whereas:Many City Residents who are already routinely maintained not aware of the Buffalo Urban Homestead Program. Now, Therefore, Be It Resolved: That this Common Council requests the Office of Strategic Planning, Division of Real Estate to begin preparing a brochure that will include all pertinent information regarding the homesteading process to be distributed City-Wide; and That this brochure should be prepared to be present to this Council no later than September 1, 2000. ADOPT FINAL RESOLVE REFERRED TO THE COMMIISSIONER OF COMMUNITY DEVELOPMENT, OFFICE OF STRATEGIC PLANNING AND DIVISION OF REAL ESTATE NO. 257 BY: MR. GOLOMBEK Page 111 00-0725.txt CHANGE PARKING RESTRICTIONS ON ONTARIO STREET Whereas:Ontario Street, which runs through the Riverside area from Niagara Street to Kenmore Avenue, is a mixed use street that is at least 85% residential, and is currently in the middle of some major repairs, and Whereas:The population density of this street serves an essential part in supporting the businesses that are located on Ontario Street, and Whereas:The overwhelming majority of the businesses on Ontario Street have their own parking lots, however a considerable number of the residences on Ontario Street are doubles that have at most one driveway and in many cases no driveway at all, and Whereas:Some of the work has been partially completed on Ontario Street, and new parking restrictions are being implemented. The new restrictions offer two hour parking from 7:00am to 7:00 pm; These new parking restrictions are causing an undue hardship on the residents that live on Ontario Street; and Now, Therefore, Be It Resolved: This Common Council requests the changing the parking restrictions on Ontario Street to a manner more reflective of the residential make-up of the street. Be It Further Resolved: That this Honorable does hereby request that the Department of Public Works to file, by 2:OOPM Thursday, July 20th 2000, their response as to any concerns they foresee with honoring the residents request to change the parking restrictions on Ontario Street; and Be It Finally Resolved: That Public Works, if finding that such a change parking restrictions is appropriate, does proceed with the necessary signage for this change. Joseph Golombek, Jr. REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 258 BY: MR. GOLOMBEK RECONSIDER BILLBOARD AT 1660 NIAGARA STREET Whereas:In December of 1998, Theodore Gores filed a petition with the City of Buffalo (item # 80, C. C, P. 12/29/98) to install a billboard at 1660 Niagara Street, and Whereas:the item appeared before the Planning Board on March 2nd, 1999. Due to some ambiguity in measurements the planning board denied the proposed billboard, and Whereas:Since the planning board meeting in March of 1999, additional information which may be helpful has been secured by the developer for the billboard, and Whereas:After some litigation and negotiation regarding this matter, it may be helpful to have additional discussion on this matter. Now, Therefore, Be It Resolved: The petition filed by T. Gores regarding a billboard at 1660 Niagara Street, item #80 C. C. P. 12/29/99, be brought back before by this Council and be referred to the Planning Board for comment. Be It Further Resolved: That this item be referred to the Legislation Committee. Page 112 00-0725.txt ADOPTED NO. 259 BY: BETTY JEAN GRANT IMPLEMENTATION OF MINORITY HIRING GOALS IN THE UNIVERSITY DISTRICT. Whereas:The population of the University District is over 75% African-American and some census tracts within the district have unemployment rates of more than 10%; and Whereas:Community Development Block Grant funding is used to fund many of these projects; and Whereas:Given these facts, It is crucial that University District projects undertaken with taxpayer dollars provide employment for district residents; and Whereas:This is a matter of justice, backed by a federal law, that can have a major impact on the community; and Whereas:Establishing reasonable goals for minority/female workforce hiring and MBE/WBE participation is an important part of insuring that the economic benefits of projects in the University District are maximized for district residents; and NOW, BE IT RESOLVED THAT: That Hiring goals be set as follows: Minority Hiring - 25% Female Hiring - 7% MBE Participation - 20% WBE Participation - 5% and; BE IT FURTHER RESOLVED THAT: The hiring goals are to apply to all employees and Contractors working in the University District, utilizing CDBG and/or other Public Monies. BE IT FURTHER RESOLVED THAT: Contractors be required to list the MBE/WBE subcontractors they will be using on a project as part of their bid for the project; and BE IT FINALLY RESOLVED THAT: These hiring and participating goals be included in the contract specifications for these projects and sent as an addendum for the projects for which the specifications have already been distributed. ADOPTED NO. 260 BY:MRS. BETTY JEAN GRANT WAIVE PERMIT FEES FOR BOARD OF BLOCK CLUBS OF BUFFALO AND ERIE COUNTY FOR A 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 for the BOARD OF BLOCK CLUBS OF BUFFALO AND ERIE COUNTY to host a countywide picnic in Roosevelt Park on Thursday, July 27, 2000, from 5 PM to 9 PM. NOW, THEREFORE, BE IT FURTHER RESOLVED: Page 113 00-0725.txt That the City of Buffalo Common Council approves this resolution at its next regular council meeting. PASSED AYES -13 NOES - 0 NO. 261 BY: MS. GRAY DISCHARGE THE COMMUNITY DEVELOPMENT COMMITTEE - ITEM 9 - CCP - JULY 11, 2000 -"RESULTS OF NEGOTIATIONS - ABANDONMENT AND SALE - PORTION OF OLD BAILEY TO IRON FAIL Whereas:Item 9 - CCP - July 11, 2000 - "Results of Negotiations - Abandonment and Sale - Portion of Old Bailey to Iron Island" is presently before the Committee on Community Development; and Whereas:It is no longer necessary for this item to be considered by that committee; Now, Therefore, Be It Resolved That: This Common Council does hereby discharge the Committee on Community Development from further consideration of Item 9 - CCP - July 11, 2000 - "Results of Negotiations - Abandonment and Sale -Portion of Old Bailey to Iron mountain, and said item is now before the Council. Beverly A. Gray Adopt discharge PASSED AYES -13 NOES - 0 Mrs. LoTempio Moved: That the offer from Iron Mountain Records Management Company, in the sum of Sixteen Thousand and Seven Hundred Dollars ($16,700.00) for the sale of that portion of Old Bailey Avenue be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -BONAFACIO, BROWN, COPPOLA, ELLINGTON, FONTANA, GOLOMBEK, GRANT, GRANT, GRAY, LOTEMPIO, MARTINO, PITTS, WILLIAMS 12 NOES - FISHER -1 NO. 262 BY: MS. GRAY ORDINANCE AMENDMENT CHAPTER 437 - TAXICABS AND LIVERIES The Common Council of the City of Buffalo does hereby ordain as follows: That Section 437-14 of Chapter 437 of the Code of the City of Buffalo be amended to read as follows: 437-14. Rates and charges. A.No person shall charge a greater sum for the use of a taxicab or livery than in accordance with the following rates: (1) Hourly rates: eighteen dollars ($18.) per hour for one (1) or more passengers. (2) Mileage rates: one dollar and eighty cents ($1.80) for the first one-sixth (1/6) mile or less; thirty cents ($0.30) for each additional one-sixth (1/6) mile or less; thirty cents ($0.30) for Page 114 00-0725.txt each one (1)minute of waiting time, including time lost in traffic delays. Upon producing certification issuedby the Mayor's office as to senior citizen status, persons shall be entitled to a ten-percent reduction in the amount of the fare. (3) Hand baggage: free. (4) Trunks: one dollar ($1.) each. (5) Large boxes: one dollar ($ 1.) each. B. No additional or extra charge shall be made for carrying more than one (1) passenger, but all passengers up to the seating capacity of the vehicle shall be carried for the same fare as that above prescribed for one (1) passenger. C. Upon demand, the driver of a taxicab or livery shall furnish to the passenger a receipt for the fare paid, showing the name and badge number of the driver. D. All disputes as to the lawful rate of fare shall be determined by the police officer in charge of the police station nearest to the place where the dispute arises or occurs; and a failure to comply with such determination, provided that it be in accordance with the rate herein fixed, shall be a violation of this chapter. E. The rate charged in the City of Buffalo shall be subject to review and renewal by the Common Council after a period of one (1) year from the effective date of such rate change. During that one-year period, taxicab and livery service providers shall work with the Common Council on improving the quality of service in the City of Buffalo. The amount of improvement and extent of cooperation by the taxicab and livery service providers may be considered in the decision to renew the rate for an additional period of time. F. Effective August 1, 2000, a person may charge a temporary gasoline surcharge of fifty cents ($0.50) on each fare for a period of nine (9) months, expiring on April 30, 2001. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel NOTE: Matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 263 BY: MRS. LOTEMPIO CITY OF BUFFALO LOCAL LAW NO. (2000) INTRODUCTORY NO. 9 (2000) A LOCAL LAW adopting section 24-23 of the Charter of the City of Buffalo in relation to an early retirement incentive. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That section twenty-four dash twenty-three of the Charter of the City of Buffalo, be adopted pursuant to law, to read as follows: Sec. 24-23. 2000 Targeted Early Retirement Incentive. (1) The City of Buffalo hereby elects to provide all of its eligible employees with a retirement incentive program authorized by Chapter 86, Laws of 2000. (2) The commencement date of the retirement incentive program shall be October 3, 2000. (3) The open period during which eligible employees may retire and receive the additional retirement benefit, shall be Page 115 00-0725.txt 90 days in length. (4) The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employee's Retirement System and it shall be paid by the City of Buffalo for each employee who receives the retirement benefits payable under this Local Law. (5) This local law shall take effect immediately. (6) The City of Buffalo's joint Council/Administration/Union/Comptroller Budget Committee is responsible to oversee and make recommendations to manage the workforce. Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3. This local law shall take effect immediately. 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 Corporation Counsel PASSED AYES -13 NOES - 0 NO. 264 BY:MS. LOTEMPIO, MR. COPPOLA WAIVE PERMIT FEES, PHASE 11 CONSTRUCTION - THE PARKSIDE LODGE Whereas:The Parkside Lodge, a city-owned building, located in Delaware Park is undergoing extensive renovation; and Whereas:The first phase of construction for The Parkside Lodge was the roof replacement; and Whereas:That phase is almost complete, with only the porch area left to be done. The City was the project manager for the phase one construction; and Whereas:The second phase of construction includes the renovation of the bathrooms and locker areas, the doors and windows; and Whereas:The Buffalo Olmsted Parks Conservancy, is acting as project manager for this phase of construction with the help of City Architect Robert O'Hara; and Whereas:Project architects, Flynn Battaglia Architects, estimated this phase to cost $450,000. When bids were opened on Tuesday, July 18, 2000, the lowest bid for the bathroom and locker areas alone was $519,000; and Whereas:In order to keep this project on budget, the Conservancy has been meeting with the General, Electrical, Plumbing and Heating Contractors, looking at their schedule of values to see if there are any areas that can be reduced to bring the cost for the bathrooms and locker areas down to $450,000; and Whereas:The ability to forego payment of the building permits, which will reduce the Conservancy's costs by $5,000 and would be a great help toward reaching their goal; and Now, Therefore, Be It Resolved: That the Buffalo Common Council waive all the building permit fees related to the second and final phase of Page 116 00-0725.txt construction for The Parkside Lodge, provided all conditions set down by the Department of Public Works are complied with. PASSED AYES -13 NOES - 0 NO. 265 BY: MS. MARTINO AND MRS. LOTEMPIO REQUEST AT LEAST 3 DAYS ADVANCE NOTICE FOR AGENCY ACTIVITIES IN THE HICKORY WOODS NEIGHBORHOOD Whereas: The controversy over environmental conditions in the Hickory Woods neighborhood has caused some concern for residents, and Whereas:Whenever actions related to earth movement are undertaken in Hickory Woods, it is important that residents are given advance notice and a clear understanding of the procedure that will take place; and Whereas: LTV, with the knowledge of the NYS Department of Environmental Conservation (DEC), recently began digging near the Abbey Street berm in an effort to address standing surface water, and this action resulted in alarm in the neighborhood; and Whereas: If City officials had been notified that the digging was going to take place, they could have notified the residents, who then could have been aware of the reasons for the action; Now., Therefore, Be It Resolved That: This Common Council requests the US Environmental Protection Agency, the NYS Department of Health. The NYS DEC and all City Departments to, at a minimum, give the South District Council office (Honorable Mary M. Martino, 1504 City Hall, Buffalo, NY 14202) and Assistant Corporation Counsel Richard Stanton (I 10 1 City Hall, Buffalo, NY 14202) at least 3 days written notice before undertakim4 any actions involving digging or earth 1-novernent in the Hickory Woods neighborhood, in order to give them time to notify the residents of this neighborhood of the action; and Be It Further Resolved That: This notice include identification of the physical activity to be taken and the reason for the action to be undertaken; and Be it Finally Resolved That: The City Clerk be directed to send certified copies of this resolution to Mayor Anthony M. Masiello, Gerald Mikol, Regional Director. ADOPTED NO. 266 BY: MR. PITTS PAYMENT OF RENT TO WHEREAS: The Langston Hughes Institute located at 25 High Street was the location of the City of Buffalo's Cable Public Access provider, Buffalo Neighborhood Network (B.N.N.); and WHEREAS: B.N.N. is no longer the public access provider for the City of Buffalo; and WHEREAS: Prior to the termination of its contract, B.N.N. owed leased costs to Langston Hughes Institute for the months of May and June, 2000; and WHEREAS: B.N.N. has refused to pay the money owed to Langston Hughes; and WHEREAS: B.N.N. prior to its contract termination had not Page 117 00-0725.txt submitted its required budget submission to the City, this would have presumably included lease funding; and WHEREAS: Notwithstanding B.N.N.'s irresponsibility in submitting & timely budget to the City and its subsequent refusal to meet its outstanding obligations, the Langston Hughes Institute rent should be paid. NOW THEREFORE BE IT RESOLVED THAT: The Common Council request B.N.N. to pay leased space costs of $2,800 to the Langston Hughes Institute. ADOPTED NO. 267 BY: MR. PITTS SECOND CABLE FRANCHISE Whereas:American Broadband, Inc. is a Massachusetts-based cable and telecommunications company that is seeking to build competitive cable systems to deliver cable TV and other services; and Whereas: American Broadband has expressed a desire to enter into a cable franchise with the City of Buffalo to serve the residents of this City; and Whereas: It is in the best interests of the City and its residents to have a competitive cable television franchise; Therefore be it resolved: That the City of Buffalo authorize the Common Council's Special Telecommunications Committee to solicit proposals for a second cable TV franchise in conformance with state regulations; and Be it further resolved: That the Committee be charged with undertaking the required procedures on behalf of the City, and to advise the City regarding the awarding of a second cable franchise; and Be it further resolved: That the Committee fully comply with all relevant state and federal requirements in carrying out this responsibility, including exercising all due diligence in assessing the technical ability, financial condition, and character of the applicant; and Be it further resolved: That the City Clerk be authorized to advertise and issue a request for proposals inviting applications for a cable franchise consistent with state regulations; and Be it finally resolved: That the City Clerk forward a certified copy of this resolution to the New York State Public Service Commission as formal notification of this action, and also provide a list of names and addresses of all members of the Special Telecommunications Committee. ADOPTED NO. 268 BY: MR. PITTS AND MRS. LOTEMPIO APPOINT ANDREA SCHILLACI TO THE BUFFALO ENVIRONMENTAL MANAGEMENT COMMISSION Whereas: There is currently a vacant seat on the Buffalo Environmental Management Commission that is subject to Common Council appointment; and Whereas: Andrea Schillaci, a local attorney from the firm of Hurwitz & Fine, has a strong background in environmental matters, and has expressed a willingness to fill this position; and Whereas: Ms. Schillaci formerly served in the Environmental Bureau of the New York State Attorney General's office, and Page 118 00-0725.txt is currently the Chair of the Buffalo Olmsted Conservancy; and Whereas: Ms. Schillaci made a strong contribution to the Buffalo Pest Management Board during her tenure from 1992 to 1998; and Whereas: Andrea Schillaci is also a board member of the Erie County Environmental Education Institute, the Graycliff Conservancy, and the Pick of the Crop Dance organization. Now, Therefore, Be It Resolved That: This Common Council hereby appoints Andrea Schillaci, of 84 Lancaster Avenue, Buffalo, NY 14222, to the Buffalo Environmental Management Commission. REFERRED TO THE COMIMITTEE ON LEGISLATION, COPERATION COUNSEL, COMMISSIONER OF COILECTIONS AND COMPTROLLER NO. 269 BY. MS MILLER-WILLAMS SALARY ORDINANCE AMENDMENT 04 - COMPTROLLER'S OFFICE 1042 - DIVISION OF AUDIT 1043 - DIVISION OF ACCOUNTING The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to 04 Comptrollers Office 1042 - Division of Audit and 1043 - Division of Accounting, which reads: 1042 - Division of Audit 5Assistant Auditor$ 30,922 - $ 35,679 1Senior Typist$ 25,308 - $ 28,243 Is hereby amended to read: 4Assistant Auditor$ 30,922 - $ 35,679 1Junior Auditor$ 27,385 - $ 30,726 1043 - Division of Accounting IJunior AccountantS 27,385 - $ 30,726 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage o foregoing ordinance is necessary. We, ANTHONY NANULA, COMPTROLLER and JAMES B. MILROY, DIRECTOR OF BUD( hereby certify that the above change is necessary for the proper conduct, administration and performance essential services of that department. We recommend that the compensation for said position be fixed, respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM Corporation Counsel 07/20/00 Attachment PASSED AYES -13 NOES - 0 NO. 270 BY: MS MILLER-WILLIAMS SALARY ORDINANCE AMENDMENT 65 - DEPARTMENT OF PERMITS & INSPECTIONS Page 119 00-0725.txt 1151 - PERMITS The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 65 - Department of Permits & Inspections, 115 1 Permits, which reads: ISenior Typist $ 25,308 - $ 28,243 2Typist$ 23,949 - $ 26,505 Is hereby amended to read: 3Typist $ 23,949 - $ 26,505 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage foregoing ordinance is necessary. We, RAYMOND MCGURN, COMMISSIONER OF PERMITS & INSPECTIONS and JAM MILROY, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the I conduct, administration and performance of essential services of that department. We recommend the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, said Commission has approved and certified the position title set forth in the foregoing ordinance as b the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM Corporation Counsel 07/14/00 Attachment PASSED AYES -13 NOES - 0 NO. 271 BY: MS MILLER-WILLIAMS SALARY ORDINANCE AMENDMENT 31 - DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS 1191 - TRAFFIC ENGINEERING The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to 31 - Public W( Parks & Streets, 1191 Traffic Engineering, which reads: 2 Traffic Signal Specialist $ 26,970 - $ 30,708 Is hereby amended to read: 4 Traffic Signal Specialist $ 26,970 - $ 30,708 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of foregoing ordinance is necessary. We, JOSEPH N. GIAMBRA, COMMISSIONER OF PUBLIC WORKS, PARKS AND STRE' and JAMES B. MILROY, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. recommend that the compensation for said position be fixed at the respective: amount set forth in foregoing ordinance. APPROVED AS TO FORM Corporation Counsel 07/10/00 Attachment Page 120 00-0725.txt PASSED AYES -13 NOES - 0 NO. 272 BY: MS MILLER-WILLIAMS SALARY ORDINANCE AMENDMENT 01 - COMMON COUNCIL 1008 - LEGISLATIVE # 7 The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to 01 - Common Council, 1008 Legislative # 7, which reads: 2Legislative Assistant $32,962 Is hereby amended to read: ILegislative Assistant to Councilmember $32,962 ILegislative Aide to Councilmember $28,800 IAssistant Legislative Aide $ 21,630 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage o foregoing ordinance is necessary. We, CHARLES L. MICHAUX 111, CITY CLERK and JAMES B. MILROY, DIRECTOR BUDGET, hereby certify that the above change is necessary for the proper conduct, administrator performance of essential services of that department. We recommend that the compensation for position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM Corporation Counsel 07/03/00 Attachment PASSED AYES -13 NOES - 0 NO. 273 BY: MS MILLER-WILLIAMS SALARY ORDINANCE AMENDMENT 01 - COMMON COUNCIL 1003 - LEGISLATIVE # 2 The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 01 - Common Council, 1003 Legislative # 2, which reads: 2 Legislative Assistant $32,962 Is hereby amended to read: I Legislative Assistant $32,962 ILegislative Aide $28,800 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage c foregoing ordinance is necessary. We, CHARLES L. MICHAUX 111, CITY CLERK and JAMES B. MILROY, DIRECTOP BUDGET, hereby certify that the above change is necessary for the proper conduct, administrator performance of essential services of that department. We recommend that the compensation for position be fixed at the respective amount set forth in the foregoing ordinance. Page 121 00-0725.txt That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, said Commission has approved and certified the position title set forth in the foregoing ordinance as be the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM Corporation Counsel 07/03/00 Attachment PASSED AYES -13 NOES - 0 NO. 274 BY: COUNCILMEMBER BARBARA MILLER-WILLIAMS CATHOLIC CENTRAL SCHOOL REQUEST FOR STREET SIGNAGE Whereas:The Parents' Association has expressed concerns to Ms. Patricia G. Duffy, Principal, about the need for school designation signs in the vicinity of Broadway and Emshe Street; and Whereas:This request is on behalf of the parents and students of Catholic Central School and area residents to designate School Zoning signs and Drug-Free/Gun Free signs in the vicinity on Broadway and Emslie Street; and Whereas:The placement of these signs will create the atmosphere of safety and drug free/gun free safety zones near the school as a visible and noticeable deterrent; and Whereas:Due to occasional disregard for the health and well being of area children by some motorists and increased loitering in the area by those with criminal intent such signage is appropriate; Now, Therefore, Be It Resolved: That the Department of Public Works, in conjunction with the Buffalo Board of Education, hereby respond and address the aforementioned request to place the requested signage in the vicinity of Catholic Central School on Emslie Street no later than Thurs, August 31, 2000 REFERRED TO THE COMMITTEE ON EDUCATION THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS AND THE BOARD 0F EDUCATION NO. 275 BY: COUNCILMEMBER BARBARA MILLER-WILLIAMS GRAPE STREET SIGNAGE REQUEST Whereas:The Gethsemane Missionary Baptist Church has been a reputable church located in the Fruitbelt community of the Ellicott District for numerous years; and Whereas:Under the distinguished leadership of Rev. Herbert V. Reid, his congregation and area residents participate in an annual community clean up in the vicinity of Grape Street and Virginia Street; and Whereas:During the Annual Community cleanup held on April 29, 2000, Mr. David Hayes and several residents of Grape Street expressed concerns regarding the lack of sufficient signage at the comer of Grape Street and Virginia Street; and Whereas:The lack of signage and street poles make identifying the proper street name impossible for area residents, passerbys, law enforcement and emergency medical service providers; Now, Therefore, Be It Resolved: Page 122 00-0725.txt That the City of Buffalo adheres to the request to replace the signage and sign post at the comer of Grape Street and Virginia Street. Be It Further Resolved: That the City of Buffalo request that the Department of Public Works report back to the Common Council regarding when the request will be fulfilled no later than Thurs. August 31, 2000 REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 276 BY: MS. MILLER-WILLIAMS HOMESTEAD: 698 SHERMAN STREET Whereas:The City of Buffalo owns a vacant lot at 698 Sherman Street. which has for many Years been used as a dumping ground for stolen vehicles and miscellaneous trash and debris; and Whereas:The Smith Family, who resides at 702 Sherman Street, has spent the past few years maintaining the lot at 698 Sherman Street. On countless occasions they have raked leaves, cut grass, and cleared out the trash that accumulated on the lot; and Whereas:The Smith Family has contacted the City of Buffalo with the hopes of acquiring the vacant lot at 698 Sherman Street through the Homesteading Program. They plan to place a fence around the lot for safety and install a driveway, Now, Therefore, Be It Resolved: The Common Council of the City of Buffalo does hereby request the Department of Strategic Planning, Division of In-Rem, report back to this Council on the feasibility of homesteading the property located at 698 Sherman Street to Donna M. Smith, property owner at 702 Sherman Street; and Be It Further Resolved: That the Department of Strategic Planning, Division of In-Rem, 15le their response with this Council no later than 2:00 p.m., on Thursday. August 31, 2000, with the City Clerk, 1308 City Hall. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE STRATEGIC PLANNING BOARD AND THE DIVISION OF IN REM NO. 277 BY: MS. MILLER-WILLIAMS INSTALL STOP SIGNS ALONG HUDSON AVENUE Whereas: Constituents of the Ellicott District have complained that the section of Hudson Street, from Niagara Street to Prospect Avenue is an area which has heavy high speed traffic; and Whereas: The only stop sign along this residential area which also has numerous children and pedestrian traffic, is located a the corner of Hudson Street and West Avenue; and Whereas: Vehicles regularly travel at high speeds along this section of Hudson Street, as it intersects with Whitney, Fargo., and Tenth Streets, and Whereas: A stop sign is needed at these intersections to avoid a serious; accident and to ensure the safety of neighborhood residents. Now, Therefore, Be It Resolved: Page 123 00-0725.txt That the Department of Public Works conduct a study on traffic along Hudson Street, between Niagara Street and Prospect Avenue, to determine if a stop sign is needed at Whitney, Fargo, and/or Tenth Street; and Be It Further Resolved: That the Department of Public Works provide recommendations to this Common Council as to what other methods may be done to address the concerns of the neighborhood residents. REFERRED TO THE COMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 278 BY: MS. BARBARA MILLER-WILLIAMS PERMISSION TO HANG "BIKE AROUND TOWN" BANNER Whereas:The Rotary Club of Buffalo - Sunrise is sponsoring the 4" Annual "Bike Around Town" Tour on Sunday, September 23, 2000; and Whereas:Representatives from the Rotary Club have requested permission to utilize two street post in celebration of this event, to hang a banner across Delaware Avenue just north of Trinity Place; and Whereas:The Rotary Club request permission to have the banner displayed between Monday, August 28, 2000 through Monday, September 25, 2000; and Now, Therefore, Be It Resolved: This Common Council grants permission to the Rotary Club to hang a banner celebrating their 4th Annual "Bike Around Town" Tour, on Delaware Avenue north of Trinity Place from Monday, August 28, 2000 through September 25, 2000 providing the banner meet all requirements of all pertinent city departments and violate no existing laws or ordinances. PASSED AYES -13 NOES - 0 No.279 Talbert Mall-Frederick Douglas Reunion Committee Whereas: In recognition of the forty years that Talbert Mall-Frederick Douglas Towers has been in existence in Buffalo and Erie County, and the hundreds of families who resided in the housing facility from 1959 to 1999, "Reunion 2000" will be held on Friday, August 18, 2000 through Sunday, August 20, 2000; and Whereas: "Reunion 2000" will address the theme, "Forty Years of Buffalo Family History" and bring together hundreds of families for a three day cultural, educational, spiritual festival consisting of a reception, family picnic, community worship service and a formal dinner/awards ceremony; and Whereas: The Talbert Mall-Frederick Douglas Towers Reunion Committee is a worthy entity that continues to address community issues and promote the positive outgrowth of the Talbert Mall-Frederick Douglas Experience and celebrate the "bond" that has existed among the families over a period of 40 years; and Whereas: Recognizing that "Reunion 2000" will serve to promote healing from inner and outer stigmatizations and showcase with a clear voice that every place is a "good" place to live in the City of Good Neighbors; Now, Therefore, Be It Resolved: That the Buffalo Common Council waive all Permit Fees associated with the Talbert Mall-Frederick Douglas Towers Page 124 00-0725.txt "Reunion 2000" event to be held on August 18-20, 2000. Passed AYES-13-NOES-0 No.280 RESOLUTION WAIVE PERMIT FEES FOR AFRICAN MINISTERS ALLIANCE ANNUAL PICNIC AT J.F.K. CENTER Whereas: The African Methodists Ministers Alliance of Greater Buffalo, an organization consisting of ten churches hosts an annual picnic in the month of September; and Whereas: This year the African Methodists Ministers Alliance will hold their 7th Annual Picnic on September 2. 2000; and Whereas: The organization wishes to again hold their annual picnic at the newly renovated J.F. K. Center, located at 114 Hickory Street; and Whereas: The organization expects approximately between 350-400 people to attend their picnic, they are requesting the use of the pool, park, restrooms and the pavilion at the J.F. K. Center, between the hours of IOAM to 5PM on September-'). 2000-, Now, Therefore, Be It Resolved That: This Common Council authorizes the African Methodists Minister Alliance of Greater Buffalo, the use of the J.F.K Center, 114 Hickory Street., on Saturday, September 2. 2000, between the hours of I OAM and 5PM for their Annual Picnic, and Be It Further Resolved That: That the Common Council authorize the City of Buffalo to waive any and all permit fees related thereto. Passed AYES-13-NOES-0 No.281 Waive Block Party Permit Fees for Project Liberty Ship Whereas: The vessel, S.S. John W. Brown, one of only two intact surviving ships from the great fleet of the "Last Operational Troopship of World War 11", will call at Buffalo's Erie Basin Marina on Tuesday, August 1, 2000, and Wednesday, August 2, 2000, from I Oarn - 5pm, and Thursday, August 3 ), 2000, from I Oam - 2pm; and Whereas: The S.S. John W. Brown is a fully operational, steamer and World War 11 Memorial and Museum ship dedicated in honor of the Merchant Seamen, Naval Armed Guard and Shipyard Workers of the Second World War, and Whereas: The ship is operated entirely by volunteers., licensed and documented by the U.S. Coast Guard; and Whereas: The S.S. John W. Brown Ship is filled with numerous museum displays for visitors to tour including World War 11 defensive guns, cargo holds and troop berthing spaces. Visitors may also visit the engine room, which is equipped with the original 140 ton triple expansion steam engine-. and Whereas: The Liberty Ship Project is sponsored by a non-for-profit organization and it has requested that the City Of Buffalo waive the $25.00 processing fee for the permit to block the street within the area from Erie Avenue to The Vietnam Memorial. Now. Therefore, Be It Resolved: That the Common Council of the City of Buffalo waive any and all fees associated with the street closing with in the area of Eric Avenue to the Vietnam Memorial, effective Page 125 00-0725.txt August I & 2, 2000 (10:00 a.m. - 5:00 p.m..) and August 3, 2000 (10:00 a.m. - 2:00 p.m.) pursuant to the conditions set forth by the department of Public Works. Passed AYES-13-NOES-0 No.282 Felicitations/In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for DR. MYLES M1JNR0E By Councilmember FISHER III ADOPTED. No.283 Appointments commissioners of Deed Required for the Proper performance of Public Duties That the following. persons are hereby appointed as Commissioner of Deeds for the following term ending December 31, 2000, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City James J- Murray, William J. Regan, Michael T- O'Brien, Mark C. Arcara Lori Green, Jeanne M- Karlinski, Bonnie M. Killian, Tommy Parker, Mary E. Rashkin, Louise F- Senn, Shirley A- Smith, Julie A. Welsted, Jill M. Wierzba UNFINISHED BUSINESS No.284 Bond Resolution-$40,000-Police Headquarters-Cellblocks (46)-C.C.P., July 11, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Coppola CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Ms. Grant PASSED AYES-13. NOES-0 No.285 Bond Resolution-$ 100,000-Historical Soc. Elec. Improvements (#184,I-C.C.P., July 11, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Coppola CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Ms. Grant PASSED AYES-13. NOES-0. NO.286 Bond Resolution-$150,000-Fire Dept. Headquarters Reconst. (#185-C.C.P., July 11, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by PASSED AYES-13. NOES-0. NO.287 Page 126 00-0725.txt Bond Resolution-$215,000-Zoo Fac. Reconst. (#186,Z,-C.C.P., July 11, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Coppola CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by PASSED AYES-13. NOES-0. NO.288 Bond Resolution-$250,000-Const. Delavan-Moselle Ctr. (#187-C.C.P., July 11, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Coppola CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Ms. Grant PASSED AYES-13. NOES-0. NO.289 Bond Resolution-$400,000-Exp. Edward Saunders Unity Bldg. (#/188C.C.P., July 11, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by PASSED AYES-13. NOES-0. NO.290 Bond Resolution-$453,000-Shea's Exterior Restoration (#189-C.C.P., July 11, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Coppola CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Ms. Grant PASSED AYES-13. NOES-0. NO.291 Bond Resolution-$ 500,000-City Court Reconst. (#190 C.C.P., July 11, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Coppola CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Ms. Grant PASSED AYES-13. NOES-0. NO.292 Bond Resolution-$ 500,000-Machnica Ctr. Const. (#191-C.C.P., July 11, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Coppola CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Ms. Grant PASSED AYES-13. NOES-0. NO.293 Bond Resolution-$ 1,000,000-Apollo Theater Reconst. (#192-C.C.P., July 11, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Coppola CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Ms. Page 127 00-0725.txt Grant PASSED AYES-13. NOES-0. NO.294 Bond Resolution-$2,000,000-S. Bflo. Comm. Ctr./Library/School (#193 C.C.P., July 11, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by PASSED AYES-13. NOES-0. No.295 Bond Resolution-$2,000,000-Sub. Abuse Prev. Fac. (#194, C.C.P. July 25, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Coppola CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Ms. Gray PASSED AYES- 13. NOES-0 No.296 Bond Resolution-$2,000,000-Tosh Collins Comm. Ctr. Expansion (#195, C.C.P. July 25, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Coppola. CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Ms. Gray PASSED AYES-13 . NOES-0 No.297 Adjournment On a motion by Mrs. LoTempio, Seconded by Ms. Ellington, the Council adjourned at 5:15 Adopted Page 128