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Home My WebLink About00-0502 00-0502.txt No. 9 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO MAY 2, 2000 MAYOR Hon. Anthony M. Masiello COMPTROLLER Anthony Nanula COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE Richard A. Fontana MAJORITY LEADER Rosemarie 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 00-0502.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, MAY 2, 2000 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and and Council Members Bonifacio, Brown, Coppola, Ellington, Fisher, Fontana, Golombek Grant, Gray, LoTempio, Martino, Pitts, and Williams - 13. ABSENT - None. On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on April 18, 2000 were approved. FROM THE MAYOR NO. 1 BUFFALO BOARD OF ETHICS Pursuant to the powers vested in me by Section 12-19, Article 11, Chapter 12 of the Buffalo Code, I hereby re-appoint the following individual to the Buffalo Board of Ethics: Richard T. Sullivan 223 Depew Avenue Buffalo, 14214 Mr. Sullivan's term began September 5, 1999 and will expire September 4, 2004. Page 2 00-0502.txt I hereby certify that the above named individual is fully qualified to continue to serve as a member of the Buffalo Board of Ethics. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE COMPTROLLER AND THE DIVISION OF COLLECTIONS NO. 2 SUPPORT EXPERIENCE EDZ ZONE For the last six years, the City of Buffalo has benefited from the advantages of a two-mile Economic Development Zone. Throughout this time, we have certified 133 companies, creating a total of 5,384 full-time and 580 part-time jobs. Clearly, the EDZ has had an enormous effect on economic development and job creation in the City of Buffalo. We are keenly aware of the EDZ's capabilities as an economic development engine. It is for this reason that we are requesting that you permanently expand the boundaries of Buffalo's EDZ. As you are well aware, Buffalo is New York State's second largest city. As such, we believe that two miles is insufficient to our efforts at rebuilding Buffalo and regenerating economic growth. Presently, there are fifty-two EDZs across New York State, including nine in New York City. Despite Buffalo's size, we have only one EDZ, the same capacity as the municipalities of Fulton (population 12,929) and Friendship (population 1,423). The potency of our EDZ is diluted by its limited size. We are currently in a situation where many existing local companies are seeking EDZ certification. The popularity of the program is well documented and while we certainly do not want to impede or limit growth, we simply do not have enough room in our EDZ to accommodate the myriad companies seeking its benefits. We do not want to see companies excluded. In many ways, this is a wonderful problem to experience as it indicates that businesses are using the EDZ as a catalyst for grow & To remedy this situation, the City of Buffalo is officially requesting that you expand the boundaries of our EDZ to a level commensurate with Buffalo's size and business growth rate. We have always seen New York State as our partner in our economic development agenda and as such, ask that you help facilitate our growth by expanding the EDZ. Thank you for considering this important matter. REFERRED TO THE COMMITTEE OF THE WHOLE FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION NO. 3 ADDITION OF 858 EAST FERRY ST. AND 1382 NIAGARA ST. TO NYS REGISTRY OF INACTIVE HAZARDOUS WASTE SITES ITEM NO. 85, 86 C.C.P. 4/4/00 The Common Council asked the Buffalo Environmental Management Commission (BEMC) to comment on the New York State Department of Environmental Conservation's, (NYSDEC) addition of two sites in the City of Buffalo to the State's Registry of Inactive Hazardous Waste Sites. Both of the Sites - the ChemCore Site at 1382 Niagara Street, and the property at 858 East Ferry Street - were added to the Registry as Class 2 sites. The Classification Code 2 means Page 3 00-0502.txt that the NYSDEC believes the sites pose a significant threat to public health or the environment. The BEMC is in agreement with the State's classification of the properties at 1382 Niagara Street and 858 East Ferry Street as Class 2 inactive hazardous waste sites. Both sites clearly pose a significant threat to public health or the environment. NYSDEC's addition of the East Ferry and Niagara Street Sites to the Registry is the first important step towards addressing the environmental and public health hazards associated with these sites. The Class 2 classification places these two sites firmly within the State Superfund's investigation and remediation process. This is good news because they will not be "orphaned" like so many other contaminated sites in the City that do not meet the State's convoluted and onerous criteria for designation as "hazardous waste" sites. Nonetheless, at this point, the Buffalo Environmental Management Commission recommends the following: 1. Immediate steps should be taken by NYSDEC and the City of Buffalo to prevent public access onto the East Ferry Street Site. Enclosure of the entire site with a fence would seem to be the best method for achieving this. 2. The NYSDEC and the City of Buffalo should immediately implement an emergency Interim Remedial Measure (IRM) at the East Ferry Street Site to prevent exposed hazardous waste material at the surface onsite from becoming airborne and being carried by the wind into nearby residential neighborhoods during periods of dry and windy weather conditions. The most effective IRM at the Site would consist of covering any exposed hazardous waste material. At the very least, dust suppression measures should be implemented at the Site to prevent airborne migration of hazardous contaminants. 3.The NYSDEC should hold a community meeting as soon as possible to explain the hazards present at the East Ferry Street Site. 4.The NYSDEC should consider a public meeting on the ChemCore Site at some point in the future, although informing the public about the hazards associated with ChemCore is not as critical as the need for community education on the East Ferry Site. 5.Warning signs should be placed at the front (Niagara Street) entrance to the ChemCore site, and behind the Site along the banks of the Black Rock Channel. The Black Rock Channel signs are needed to alert boaters, people fishing, and other recreational users of the Channel to the potential presence of contaminants migrating into the Channel from ChemCore. Both the ChemCore and East Ferry Street Sites pose a significant threat to public health or the environment, but for different reasons and in different ways. Of the two sites, the contamination present at 858 East Ferry Street clearly poses the more direct threat to public health. Access to the Site is uncontrolled, and the property is located in a densely populated residential area. People have been observed digging onsite in search of antique bottles. Hazardous wastes containing PCB's lie exposed on the surface on a portion of the Site, while gray and white ash is buried near the surface over much of the Site. The white colored ash was found to contain levels of lead high enough for it to be classified as a hazardous waste under Now York State law through an analytical method called the Toxicity Characteristic Leaching Procedure. If this lead-contaminated Page 4 00-0502.txt ash waste becomes exposed at the surface during dry and windy conditions, it could be carried by the wind into the surrounding residential neighborhoods where it may pose a lead exposure hazard to children residing in the neighborhood. The East Ferry Street Site also poses a potential threat to the environment because the hazardous wastes lie over the tunneled portion of the Scajaquada Creek. The potential exists for PCBs, lead and other contaminants to migrate downward into the Creek. Scajaquada Creek is the most significant source of PCB contamination entering the Niagara River. The East Ferry Street Site may be one of the sources of this PCB contamination. The ChemCore Site at 1382 Niagara Street poses a serious direct threat to the environment, but its public health implications do not appear to be as serious as those associated with the East Ferry Street Site. Chem.Core is separated from the Black Rock Channel by nothing more than the Niagara section of the Thruway. Groundwater beneath the Site flows into the Black Rock Channel, and-therefore, hazardous wastes in the soils and groundwater may be migrating into the Channel, and ultimately, into the Niagara River. The City should monitor the investigation and remediation process as it unfolds at the East Ferry Street and ChemCore Sites during the coming months and years to ensure that the remedial programs implemented will be as protective of public health and the environment as possible. The BEMC will direct its staff to review any documents available from the NYSDEC containing information on the environmental conditions at the two sites. Based on that review, the Commission may have further comments for the Common Council sometime in the future. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. FROM THE CITY PLANNING BOARD NO. 4 COUNCILMEMBER BONIFACIO LODGING HOUSE ORDINANCE ITEM NO. 185, C.C.P. 3/21/2000 The City Planning Board at its regular meeting held Tuesday, April 11, 2000 considered the matter captioned above pursuant to Section 317.1 of the Buffalo Code, Referable Matters to the City Planning Board. Councilmember Bonifacio seeks to amend the current lodging house ordinance to include nuisance and criminal violations as additional grounds for revocation of the lodging house license. Under SEQR the proposed ordinance change is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the lodging house ordinance amendment to include provisions for revocation due to nuisance and criminal violations. RECEIVED AND FILED NO. 5 THE SATURN CLUB 877 DELAWARE AVE. ACCESSORY GROUND SIGN ITEM NO. 124, C.C.P. 4/18/2000 The City Planning Board at its regular meeting held Tuesday, April 25, 2000 considered the matter captioned Page 5 00-0502.txt above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 6121x3.51 accessory ground "ID" sign at 877 Delaware Avenue. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Preservation Board has already granted their approval of the proposed sign. The Planning Board voted no objection to the proposed accessory sign conditioned on the Zoning Board of Appeals approval. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 6 P. GORETTI 530 RHODE ISLAND SIDEWALK CAFES ITEM NO. 30, C.C.P. 4/18/2000 The City Planning Board at its regular meeting held Tuesday, April 11, 2000 considered the matter captioned above pursuant to Section 413-59 of the Buffalo Code, Sidewalk cafes. The applicant seeks to encroach the right-of-way with a 30'x4l sidewalk cafe at 530 Rhode Island Street. Under SEQR the proposed sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. A previous sidewalk caf6 license at this location was revoked by the Common Council 4/28/98 due to noise complaints. The Planning Board voted to recommend denial of this sidewalk caf6 application based on neighborhood opposition. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 7 EMTEA COFFEE CAF 80 OAKGROVE AVENUE. SIDEWALK CAFES ITEM NO. 39, C.C.P. 4/18/2000 The City Planning Board at its regular meeting held Tuesday, April 11, 2000 considered the matter captioned above pursuant to Section 413-59 of the Buffalo Code, Sidewalk cafes. The applicant seeks to encroach the right-of-way with two 101x3l sidewalk cafes in front of the business located at 80 Oakgrove 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 caf6s with the following conditions: 1. No outside music is allowed 2. Closing at 11 p.m. 3. No outside trash receptacles 4. Approval of the Preservation Board RECEIVED AND FILED FROM THE COMPTROLLER NO. 8 REPORT OF AUDIT BROADWAY MARKET MANAGEMENT CORP. BROADWAY MARKET LEASE AGREEMENT ITEM NO. 17, C.C.P. 2/22/00 In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the audit report of the Broadway Market Lease Agreement for the period July 1, 1998 to December 31, 1999. Page 6 00-0502.txt This audit also provides the Statement of Condition as of February 29, 2000. Summation The Broadway Market Management Corporation (BMMC) is currently in serious financial trouble. At this point in time, BMMC's remedy appears to be in the form of a request that the City of Buffalo pay off the existing utility arrears, which include unpaid electric bills for which the City and the Market's tenants have already paid a share, that the City hereafter assume all utility expenses, and the release of an Erie County Grant. It is our opinion that BMMC should initiate an immediate austerity spending plan to project some reasonable means of solving their fiscal crisis. BMMC has purported that the current deficit "surprised" management due to a poor accounting system. Our audit has revealed many critical problem areas which have all culminated into what now stands as a very significant shortage of cash available to pay off a substantial debt in the form of unpaid vendor and utility bills. The BMMC crisis did not occur within the last few months. BMMC was first aware of delinquent electric bills as early as November, 1998. Their computerized accounting system revealed an approximate $47,000 deficit as of June 30, 1999, which was later adjusted by their contracted public accounting firm and reported as an approximate $42,000 deficit. A review of BMMC's current operating budget appears to not only represent the Market's base rent in an inaccurate amount, it also designates less than $50,000 for advertising and marketing expenses, event though approximately $96,000 in expenses were incurred during the previous fiscal year. Management and the Board of Directors need to take responsibility for their lack of action in light of the serious conditions which existed well before the utility companies issued their "turnoff' notices. It is interesting to note that it was only after these final utility "turn-off" notices were received that BMMC admitted to their apparent financial plight. In summation, BMMC has jeopardized the operations of the Market to the brink of bankruptcy. Until the District Attorney resolves any possible investigation on this matter, until there is remedy to the Market's accounts payable situation, and until there is a long term plan developed to insure the fiscal health and accountability of the Market, I recommend that the City impose a structure to immediately address the fiscal and managerial oversight of the Market, the actual nature of such structure to be determined by the Mayor's Administration and the Common Council. It is within such a structure that this Department of Audit & Control is willing to assist in implementing such fiscal remedy and in developing a long term plan to insure such fiscal health and accountability of the Broadway Market consistent with the audit recommendations within the attached audit report. REFERRED TO THE COMMITTEE ON FINANCE NO. 9 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION RESERVE FOR CAPITAL APPROPRIATIONS PARKING VIOLATIONS BUREAU We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify pursuant to Section Page 7 00-0502.txt 41 of the Charter, that an increase in the sum of $6,000 in the estimates for the fiscal year beginning July 1, 1999 is necessary in Appropriation Allotments - Parking Violations Bureau - Exempt Items (Equipment) to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 10700096-397200 -Reserve for Capital Budget not otherwise appropriated for any other purpose. The detail of the requirements is set forth below: To: 11475007 - Parking Violations Bureau$6000 474100 - Capital Outlay - (five software Licenses for OCRFF) Dated: Buffalo, NY, April 17,2000 RECEIVED AND FILED NO. 10 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 seven requests 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 Board of Education's Capital Projects Fund in the amount $1,410,000 for Heating & Ventilation, $440,000 for Electrical & Accoustical, $495,000 for Handicapped Access, $1,310,000 for Window Replacement, $450,000 for Consultants and $995,000 for BVTC Reconstruction. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment DateTotal - 1000 Gen 3000 Capital 39904106 BAN/Bond Sale 1,410,000 1000 Gen 3000 Capital 39790706 BAN/Bond Sale 440,000 1000 Gen 3000 Capital 39790806 BAN/Bond Sale 495,000 1000 Gen 3000 Capital 39790906 BAN/Bond Sale 1,310,000 1000 Gen 3000 Capital 39791006 BAN/Bond Sale 550,000 1000 Gen 3000 Capital 39791106 BAN/Bond Sale 490,000 1000 Gen 3000 Capital 39791206 BAN/Bond Sale 995,000 REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNCIL NO. 11 RENEGOTIATE LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND BUFFALO SOCIETY OF NATURAL SCIENCES FOR USE OF 1020 HUMBOLDT PKWY. ITEM NO. 219, C.C.P. 9/19/89 Pursuant to Item No. 219, C. C. P. 9/19/89 Your Honorable Body authorized a five year lease agreement between the City of Buffalo and the Buffalo Society of Natural Sciences commencing November 20, 1989 and expiring November Page 8 00-0502.txt 19,1994. Since that time, the City of Buffalo and the Buffalo Society of Natural Sciences have been attempting to renegotiate a new lease. In the interim they were operating under the same terms and conditions as the old lease as a month to month tenant. I am attaching a proposed five year lease agreement that was negotiated between our Law Department and the Buffalo Society of Natural Sciences for the use of 1020 Humboldt Pkwy. The lease shall commence on May 1, 2000 and terminate on April 30, 2005. This office is forwarding this lease agreement to Your Honorable Body for your approval. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 12 RESPONSE TO "B. GRANT- 2950 BAILEY AVENUE ITEM NO. 79, C.C.P. 4/4/2000 The above referenced item was referred to the Comptroller's Office, Division of Real Estate for a response. In said communication you requested the purchase offer history; how the auction of this property was handled, including the procedures for notifying residential and commercial neighbors and the time frame involved in notifications. Please be advised that the proposal submitted by Cash Realty & Auctions to sell city owned property at auction was accepted. The auctioneer prepared and mailed 5,000 brochures detailing the auction. A sign was posted on the building stating it was to be auctioned. Cash Realty also advertised in the Buffalo News on March 15, 22, 25, & 29, 1998 and Business First on March 23 & 30, 1998 on behalf of the City. On April 2, 1998 the auction was held in the Common Council Chambers. Active bidding took place and competitive bids were received. This building was a liability to the City in terms of maintenance costs, capital improvements, and repairs and in the event someone was hurt on the premises. The sale eliminated these liabilities and restored the properties to the tax rolls. The bid was reported and approved by the Common Council. Item #79 C.C.P. 4/4/2000 pertains to the owner of 2960 & 2954 Bailey stating the new owners of 2930 & 2950 Bailey are trying to prohibit access to 2954-2960 Bailey by enclosing a main entrance. Please be advised that a dispute between property owners is not a matter for the Division of Real Estate to resolve. However, I am attaching a copy of a sanborn map which indicates that there should be a strip of land approximately 7' (plus or minus) from the building at 2954 Bailey and the property line of 2950 Bailey. However, one way to resolve the dispute would be to have the owner of 2954 & 2960 Bailey survey her property, if she does not know where her property line ends. If the problem cannot be resolved by a survey then it may become a legal issue. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ASSESSMENT NO. 13 CERTIORARI PROCEEDINGS B T REALTY CORP. Page 9 00-0502.txt 750 E. FERRY STREET This is to advise that the owner, B T Realty Corp., also known as Buffalo Technologies Corp., instituted certiorari proceedings on 750 E. Ferry Street, Buffalo, New York regarding the assessment for the fiscal years 1995-96 through 2000-0 1. The final assessment for the fiscal years 1995-96 through 2000-01 was $1,481,540 for each year. The owner is agreeable to a settlement which would result in a reduction to $900,000 for each year on 750 E. Ferry Street. The taxpayer would be entitled to a refund of $23,080.48 for the 1999-00 year. The 1999-00 tax would be reduced from $58,800.18 to $35,719.70. The taxpayer has waived City tax refunds for fiscal years 1995-96 through 1998-99. Based upon a review of the current market value of the property, I feel this settlement would be in the best interest of the City. I recommend this settlement, in which the Department of Law concurs, The proposed settlement is subject to the approval of Your Honorable Body. I therefore hereby request that the Corporation Counsel be authorized to settle the 1995-96 through 2000-01 certiorari proceedings on 750 E. Ferry Street by reducing the assessment from $1,481,540 to $900,000 for each year. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL FROM THE COMMISSIONER OF PUBLIC WORKS NO. 14 NOTIFICATION SERIAL # 9191 REPEAL ONE-WAY STREET DIRECTION HURON STREET - EAST BOUND FROM ELMWOOD AVENUE TO WASHINGTON STREET ONE-WAY STREET DIRECTION - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: ONE WAY STREET DIRECTION NAME OF STREETDIRECTION OF TRAFFIC MOVEMENT Huron StreetEast bound from Elmwood Avenue to Washington Street This action is being taken in order to improve and enhance traffic circulation in, through and around the Central Business District. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 15 REPORT OF BIDS DAVIS STREET WATERLINE REPLACEMENT As authorized by your Honorable Body in CCP 36 of March 21, 2000, plans and specifications were prepared and sealed proposals accepted for Davis Street Watermain Replacement. I submit the following report of bids received which were opened in my Page 10 00-0502.txt office at 11:00 a.m. on April 12, 2000: Mar-Wal Construction Company, Inc. 440 Gould Avenue, Depew, New York 14043 $ 96,496.50 Visone Construction, Inc., 79 Sheldon Avenue Depew, New York 14043$107,300.00 Firstrhyme Construction Corp., Inc., 470 Buffalo Road East Aurora, New York 14052$119,945.00 Triple R Development Company of WNY, Inc., 27 Wyndmoor Court Depew, New York 14043$120,047.20 C. Destro Development, 3150 Seneca Street West Seneca, New York 14224$133,430.00 Sicar Management & Construction, Inc., 1128 Jamison Road Elma, New York 14059$140,586.00 MPJ Contracting, Inc., 68 Churchill Street Buffalo, New York 14207$146,830.00 I certify that the foregoing is a true and correct statement of all bids received and that Mar-Wal Construction Company, Inc., 440 Gould Avenue, Depew, New York is the lowest responsible bidder complying with the specifications for this project with their bid in the amount of $96,496.50. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with Mar-Wal Construction Company, Inc., in the amount of $96,496.50 for the base bid plus a 10% unit price increase of $9,649.65 for a total encumbrance of $106,146.15. The Engineer's estimate for this work was $124,000.00. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated April 20, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Davis Street Watermain Replacement, to Mar-Wal Construction Company, Inc., the lowest responsible bidder, in the amount of $96,496.50 for the base bid plus a 10% unit price increase of $9,649.65 for a total encumbrance of $106,146.15. PASSED AYES -13 NOES - 0 NO. 16 REPORT OF BIDS DORCHESTER ROAD - BAYNES TO RICHMOND CURB REPLACEMENT & ISLAND RESTORATION GROUP 4524 ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids on April 26, 2000 for Dorchester Road - Baynes to Richmond, Curb Replacement & Island Restoration, Group #524. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base BidUnit Price Increase C. Destro Development Co., Inc. $97,834.00 $107,617.40 Tom Greenauer Development, Inc. $99,856.00 $109,639.40 A.B.P. Concrete Construction, Inc. $99,910.10 $109,693.50 P & J Construction Co., Inc. $100,700.00 $110,483.40 Page 11 00-0502.txt Sicilia Construction Co., Inc. $104,648.00 $114,431.40 *Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is C. Destro Development Co., Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $107,617.40 ($97,834.00 Base Bid + 10% unit price increase $9,783.40 = Total Award $107,617.40). Funds for this work will be available in our Capital Project Account #34310506. The engineer's estimate for this work is $100,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by June 28, 2000. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated April 26, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Dorchester Road - Baynes to Richmond, Curb Replacement & Island Restoration, Group #524, to C. Destro Development Co., Inc., the lowest responsible bidder, in the amount of $107,617.40 ($97,834.00 Base Bid + 10% unit price increase $9,783.40 = Total Award $107,617.40). Funds for this project are available in Capital Project Account #34310506. PASSED AYES -13 NOES - 0 NO. 17 REPORT OF BIDS MARINE DRIVE RECONSTRUCTION GROUP #490 ITEM NO. 65 DATED 1/26/99 This is to advise Your Honorable Body that I have advertised and received bids on 4/19/2000 for the Reconstruction of Marine Drive from Erie St. to Main St. (Knox Blvd.) In obtaining bids for the above project, I have asked for bids on a unit price basis 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 to bid. The following bids were received: ContractorTotal Bid Price 1. . C. Destro Development$869,141.00 2. Omer Construction$895,983.00 3. E & R General Construction$905,531.00** 4. Dana A. Miller Enterprises$912,069.59 5. Destro & Brothers$928,262.00 6. Sicar Management & Const.$938,476.70 7. Thomann Asphalt, Inc.$940,827.75** 8. M.P.J. Contracting$999,658.00 9. Visone Construction$1,083,536.07** Corrected Total I hereby certify that the lowest responsible bidder for the above project is C. Destro Development and I respectfully recommend that Your Honorable Body authorize a contract award to C. Destro Development in the amount of $956,055.00 (base bid of $869,141.00 plus [10% unit price increases] $86,914.00 = [total award] $956,055.00). Funds Page 12 00-0502.txt for this project are available in our Capital Account No. 34310406, The engineer's estimate for this work is $970,340.00. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by June 5, 2000. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated April 26, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Reconstruction of Marine Drive from Erie to Main Streets (Knox Blvd.) Group #490, to C. Destro Development Co., Inc., the lowest responsible bidder, in the amount of $956,055.00 (base bid of $869,141.00 plus [10% unit price increases] $86,914,00 = [total award] $956,055.00). Funds for this project are available in Capital Account No. 34310406. PASSED AYES -13 NOES - 0 NO. 18 REPORT OF BIDS - SQUAW ISLAND NORTH END POND REMEDIATION/ENHANCEMENTS On Tuesday, April 18, 2000 the Department of Public Works opened public bids for pond remediation work and wetland enhancements on the north end of Squaw Island. The following is a report of those bids received. Barbella Environmental Technology $1,779,861.00-(LOW) Modern Environmental Group$1,823,970.00* Haseley Companies$2,057,910.00* DEMCO$2,886,000-00 *Adjusted Total Based on the bids received I recommend that your Honorable Body authorize the Commissioner of Public Works to award a contract to Barbella Environmental Technology in the amount of $1,868,854.05 (Base Bid $1,779,861.00 + 5% unit price increase $88,993.05 = total award $1,868,854.05). The engineer's estimate for this work was $2.1 Million dollars and funds are available in Capital Project Accounts #30228306 and 30335106. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated April 26, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Squaw Island North End Pond Remediation/Enhancements, to Barbella Environmental Technology, the lowest responsible bidder, in the amount of $1,868,854.05 (Base Bid of $1,779,861.00 + 5% unit price increase $88,993.05 = total award $1,868,854.05). Funds for this project are available in Capital Project Accounts #30228306 and 30335106. PASSED AYES -13 NOES - 0 NO. 19 REPORT OF BIDS - SQUAW ISLAND PHASE 11 INCINERATOR BUILDING DEMOLITION Page 13 00-0502.txt On Tuesday, April 18, 2000 the Department of Public Works opened public bids for the Phase 11 Demolition of the Incinerator Building on Squaw Island. The following is a report of those bids received: Braasch Construction$ 558,300.00(LOW) LDC Construction$ 786,820.00 Ciminelli Services$ 822,370.00 DEMCO$ 846,000.00 Ontario Specialty$ 856,369.00* Cleveland Wrecking$ 952,590.00 Sabre Demolition$ 997,998.00 Industrial Site Services$1,035,400.00 Mainline Contracting$1,188,540.00 Lebis$1,211,650.30 Barbella Environmental Technology$1,615,733.00 *Adjusted Total Based on the bids received I recommend that your Honorable Body authorize the Commissioner of Public Works to award a contract for the demolition to Braasch Construction in the amount of $614,130.00 (Base bid $558,300 + 10% unit price increase $55,830.00 = $614,130.00). The engineer's estimate for this work was $750,000 and funds are available in Capital Project Account #30228306. Mrs. LoTempio moved That the above communication from the Commissioner of Public Works dated April 27, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Squaw Island Phase 11 Demolition of the Incinerator Building, to Braasch Construction, the lowest responsible bidder, in the amount of $558,300. Funds for this project are available in Capital Project Account #30228306. PASSED AYES -13 NOES - 0 NO. 20 REPORT OF BIDS TREE PLANTING CITY-WIDE GROUP #520 #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids on April 12, 2000 for Tree Planting City-Wide, Group #520. 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 Gleason's Nursery, Inc.$48,484.00* $53,332.40 Village Green Landscape, Inc.$75,545.50 $80,393.90 Davey Tree Expert Co.$101,214.00* $106,062.40 *Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is Gleason's Nursery, Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $53,332.40 ($48,484.00 Base Bid + Page 14 00-0502.txt 10% unit price increase $4,848.40 = Total Award $53,332.40). Funds for this work will be available in future Capital Project Account as per the 2.5 million dollar amendment to the 99-00 Capital Budget. The engineer's estimate for this work is $ 100,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by May 29, 2000. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated April 20, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Tree Planting City-Wide, Group #520, to Gleason's Nursery, the lowest responsible bidder, in the amount of $53,332.40 ($48,484.00 Base bid + 10% unit price increase $4,848.40 = total award $53,332.40). Funds for this project are available in future Capital Project Account as per the 2.5 million-dollar amendment to the 99-00 Capital Budget. PASSED AYES -13 NOES - 0 NO. 21 BROADWAY MARKET ELECTRIC J: CHARGES Niagara Mohawk has indicated that members of the Common Council have requested information regarding the amount of money owned by the Broadway Market Management Board for electric service to the market. The market has three accounts. The total arrear amount for all three accounts as of April 14, 2000 is $177,020.38. Their current bills (March) total $18,911.02. The total owed therefore is $195,931.14. If no payments are made until the audit is completed (expected to by about May 1. 2000) the amount due Niagara Mohawk will exceed $250,000. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLERS OFFICE NO. 22 CHANGE IN CONTRACT APOLLO THEATER RESTORATION GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Apollo Theater Restoration, General Construction, C. Nichter, Inc., C #91980200. 1.Substitute 1/4" glazing in lieu of the 1/2" glazing for the exterior windows.Deduct $ 5,000.00 The foregoing change results in a net decrease in the contract of Five Thousand and 00/100 Dollars ($5,000.00). Summary: Current Contract Amount $2,170,408.00 Amount of This Change Order (#9)Deduct$5,000.00 Revised Contract Amount $2,165,408.00 Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect, PC) and the Department of Public Works and found to be fair and equitable. Funds for this work to be credited to CPF 30332806 445100 - Division of Buildings. Page 15 00-0502.txt 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 April 25, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 9, to C. Nichter, Inc., C 991980200, a decrease in the amount of $5,000.00, as more fully described in the above communication, for work relating to Apollo Theater Reconstruction, General Construction C #91980200. Funds for this project are to be credited to CPF 30332806 445100 -Division of Buildings. PASSED AYES -13 NOES - 0 NO. 23 CHANGE IN CONTRACT MACHNICA COMMUNITY CENTER GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Machnica Community Center, General Construction, Summit Construction Group, C #91983800. 1.Asbestos abatement of 1797 Clinton Street prior to demolition.Add $18,995.37 The foregoing change results in a net increase in the contract of Eighteen Thousand Nine Hundred Ninety Five and 37/100 Dollars ($18,995.37). Summary:Current Contract Amount $2,756,532.50 Amount of This Change Order (#6)Add$ 18,995.37 Revised Contract Amount $2,775,527.87 Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini, Tires, Architects) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 30230306 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated April 17, 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, C #91983800, an increase in the amount of $18,995.37, as more fully described in the above communication, for work relating to Machnica Community Center, General Construction, C #91983800. Funds for this project are available in CPF 30230306-445100 Division of Buildings. PASSED AYES -13 NOES - 0 NO. 24 CHANGE IN CONTRACT PETROLEUM BULK STORAGE COMPLIANCE UPGRADE -PHASE 11-1 POLICE GARAGE, STREETS GARAGE, ENGINE 25 Page 16 00-0502.txt I hereby submit to Your Honorable Body the following changes for the Petroleum Bulk Storage Compliance Upgrade, Phase 11-1, Police Garage, Streets Garage, Engine 25, Tyree Organization, Ltd., C #92010114. 1 . Credit for 35 cubic yards of reinforced concrete pad not required for site restoration. Original contract called for 50 cubic yards and only 15 cubic yards were required. Deduct $ 9,100.00 2. Credit for 250 cubic yards of select backfill that were called for in the contract and not required.Deduct $ 5,000.00 3. Credit for 14,969 gallons of contaminated liquid that did not have to be removed and disposed of. Original contract called for 20,000 gallons to be removed and only 5,031 gallons were required to be removed and disposed of. Deduct$ 14,969.00 4. Removal of an additional 2,163.1 cubic yards of con- taminated soil found at the Police Garage site. Add $173,048.00 5. Removal of three (3) additional gallon fuel oil storage tanks discovered underground at the Police Garage site. Add $ 2,925.00 6. Installation of 391.21 tons of additional asphalt surface course beyond the contract amount to restore site after contaminated soil and tanks were removed. Add$ 24,978.59 7. Perform two (2) additional pre-classification soil samples at the Police Garage in order to identify the areas contaminated.Add$ 800.00 The foregoing change results in a net increase in the contract of One Hundred Seventy Two Thousand Six Hundred Eighty Two and 59/100 Dollars ($172,682.59). Summary: Current Contract Amount$ 870,873.00 Amount of This Change Order (#3) Add$ 172,682.59 Revised Contract Amount $1,043,555.59 Costs have been reviewed by the Consulting Engineer (R & D Engineering) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 34320106 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. REFERRED TO THE COMMITTEE ON FINANCE NO. 25 CHANGE IN CONTRACT RECONSTRUCTION OF PRECINCT 11 GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Reconstruction of Precinct 11, General Construction, Summit Construction Group, C #92010135. 1 Replace the deteriorated steel lintels above the four (4) overhead garage doors.Add $5,745.00 2. Install four (4) additional courses of structural glazed facing tile along the existing south wall of the desk area so that the wainscot will match the other walls in the desk area. Add$1,316.00 The foregoing change results in a net increase in the contract of Seven Thousand Sixty One and 00/100 Dollars ($7,061.00). Summary: Current Contract Amount$ 540,069.25 Amount of This Change Order (#4) Add$ 7,061.00 Page 17 00-0502.txt Revised Contract Amount $ 547,130.25 Costs have been reviewed by the Consulting Architect (Trautman Associates) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 30337706 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated April 25, 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 Summit Construction Group, an increase in the amount of $7,06 1. 00, as more fully described in the above communication, for work relating to Reconstruction of Precinct 11, General Construction, C 492010135. Funds for this project are available in CPF 30337706 445 100 -Division of Buildings. PASSED AYES -13 NOES - 0 NO. 26 HAZARDOUSE WASTE-858 E. FERRY ST. ITEM NO. 205, C.C.P. 04/28/00 This department has been asked to comment on the possible contamination of City owned property located at 858 E. Ferry St. As this site is a vacant lot, it is not covered under the jurisdiction of the Department of Public Works. The Division of Real Estate has the appropriate jurisdiction. This department, of course, will assist in any way possible REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 27 REMOVAL OF "FREE OF CHARGE" PARKING AT METERS FOR HOLDERS OF DISABLED/HANDICAPPED J: PERMIT The following action is being submitted at the request of the Director of Parking Enforcement. It is supported by the Mayor's Advocacy Office for Persons with Disabilities and this Department. Therefore, the Department of Public Works, requests Your Honorable Body's approval of the following amendments to the Traffic Ordinances of the City of Buffalo, Chapter 479. 1. That Subsection 49 of Section 15 of Article I be amended to read as follows: (49) Parking Privileges of disabled persons - permit. That physically incapacitated persons (who are certified by a licensed media] doctor to have a disability which confines them to crutches, a walker or wheel chair or which otherwise impairs their ability to walk) and who are licensed by the State of New York to operate a motor vehicle shall be and are hereby authorized to park motor vehicles owned and operated by them [free of charge in parking meter zones and] overtime in restricted zones, as designated and established by the Division of Traffic Engineering without penalty, subject to the following restrictions and regulations: Parking privileges of handicapped. That a person operating a vehicle registered pursuant to Section 404-a, or that possessing and displaying a handicapped parking pennit issued in accordance with Section 1203-a, or bearing out-of-state or Canadian handicapped identification per Page 18 00-0502.txt Section 1203-d of the Vehicle and Traffic Law of the State of New York, shall be and is authorized to park such a vehicle [free of charge in parking meter zones and] overtime in permissive parking zones, as designated and established by the Division of Traffic Engineering, without penalty. The provisions of this Subsection shall not relieve a person operating such vehicle from the duty to observe other and more restrictive provisions prohibiting the stopping, standing or parking of vehicles in specific places or at specified times. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE ADVOCACY OFFICE NO. 28 SALE OF PROPERTY 2930-2950 BAILEY At the request of the Chairman of the Finance Committee, we researched the sale of 2930-2950 Bailey Avenue by the City of Buffalo to Dreamco Development. According to the deed filed in the County Clerk's Office, the City sold the building and the adjacent parking lot up to the property line of the adjacent building. Reference to this parking lot as a street is not correct, as the area is not listed as a dedicated street of the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 29 TERMINATION OF WATER SERVICES DURING WINTER MONTHS ITEM NO. 204, C.C.P. 04/24/00 The Buffalo Water Board, American Water Services and this department would like to assure the Common Council that we share the concern raised about the impact on the families that may have their water shut off for water bills that are in arrears. However, we believe that a fair and equitable termination policy remains as the single most effective tool available to improve the percentage of collections against the fees billed for water and sewer bills. We have never advocated the irresponsible application of this policy and only after exhausting all reasonable means, move to notify and terminate delinquent accounts. As has been discussed during a number of meetings that have been held to review the outstanding payment issue, of the approximately $23.5m in outstanding water and sewer AR, nearly $4.3m is in excess of three years old. This aged debt accounts for approximately 19% of the outstanding AR. Based on our review of past practice, a significant portion of this aged debt was allowed to accrue as a result of ineffective or inconsistent collection policies. It should be noted that prior to any account being terminated for non-payment, a rigorous effort is undertaken to advise customers of their outstanding debt and they are afforded ample opportunity to satisfy this debt through various payment arrangements. Only those customers that have failed to respond to all efforts including the notifications on the bills and the posting on the property are subject to termination. In particular, during the winter months, our turn-off efforts are directed at the accounts that continue to be the most troublesome. The types of accounts that may eventually be subject to termination during the period from November through March are those with the highest outstanding balance, often in excess of several thousand dollars, and those that have broken previous commitments. We have also accelerated our campaign to verify the status Page 19 00-0502.txt of accounts that have been previously shut off for non-payment as well as those that are inactive to confirm that they have not been turned on illegally. When we find them on illegally, they are terminated immediately. We welcome the interest of the Common Council members to address the serious payment problem that we have all been working to resolve but would suggest caution in considering a policy that may continue to allow this considerable debt to grow. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 30 WATER SUPPLY PERMIT-BUFFALO WATER BOARD At the request of the Common Council, I am filing a copy of the Article 15, Title 15: Water Supply Permit # 9-1402-00723/00001 -0 issued to the Buffalo Water Board by the New York State Department of Environmental Conservation. This permit authorizes the operation of the Buffalo Water System. Of particular concern to the Council is Condition #13, Water Metering, which is attached. This condition requires the full metering of the system. REFERRED TO THE COMMITTEE ON FINANCE NO. 31 APPT. SENIOR ARCHITECT-TEMP APPT Appointment Effective April 17, 2000 in the Department of Public Works, Division of Buildings to the Position of Senior Architect Temporary Appointment at the Maximum Starting Salary of $ 51,000 Burke M. Glaser, 153 Aldrich Place Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 32 "INSTALL CAMERAS ON POLICE CARS" (NO. #162, C.C.P. MARCH 7, 2000) "INSTALL CAMERAS ON POLICE VEHICLES" (NO. 163, C.C.P. MARCH 7,2000) LETTER DATED APRIL 19, 2000 Reference letter dated April 19., 2000, from Donna Davis, "feasibility of using . . . drug forfeiture account to install cameras in Police Vehicles", please be advised that the Police Department submitted a request for $50,000 in the upcoming budget to begin a pilot program in this matter. According to the guidelines established by the Department of Justice (attached), our Department at this time may not utilize asset forfeiture funds for the project. After the 2000-2001 budget is finalized, I will review the department's needs and establish priorities. RECEIVED AND FILED NO. 33 NEIGHBORS UNITED FOR SAFETY-REQ. PRECINCT # 11 BECOME 6 TH POLICE DISTRICT I am in receipt of Item #113 CCP- "Neighbors United for Safety - Req. Precinct #11 Become 6th Police District." The information contained in the item will be thoroughly reviewed, with comments and recommendations to follow. REFERRED TO THE COWITTEE ON POLICE REORGANIZATION Page 20 00-0502.txt NO. 34 APPT SENIOR PUBLIC SAFETY DISPATCHER- PERMANENT Appointment Effective April 17, 2000 in the Department of Police to the Position of Senior Public Safety Dispatcher, Permanent Promotion at the Intermediate - Step 2 Salary of $ 29,702 John R. Gueli, 444 Weimar Street, Buffalo, New York 14206 Sheila M. Bergman,27 Shenandoah Road Buffalo NY 14220 Patricia L. Bissonette, 201 Brinton Street, Buffalo, New York 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 35 APPT BATTALION CHIEF PERMANENT Appointment effective April 17, 2000 In the Department of Fire To the position of Battalion Chief permanent Promotion, at the FLAT Starting salary of $61,082 Robert Stasio, 6919 Chestnut Ridge Road, Orchard Park, 14127 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 36 APPT.BATTALION CHIEF PERMANENT CONTINGENT Appointment effective April 17, 2000In the department of Fire To the position of Battalion Chief Permanent Contingent promotion at the FLAT Starting salary of $61,082 Edward McGowan, 784 Tifft Street, Buffalo, 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 37 APPT DIVISION CHIEF PERMANENT Appointment effective April 15, 2000 In the Department of Fire To the Position of Division Chief permanent promotion at the FLAT Starting salary of $67,214 Thomas Ashe, 86 Hillside, Orchard Park, 14127 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 38 APPT FIRE CAPTAIN PERM CONT Appointment effective April 17, 2000 In the department of Fire To the position of Fire Captain Permanent Contingent Promotion at the flat Starting salary of $56,020 Joseph Fahey, 232 Lorfield, Amherst, NY 14226 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 39 APPT FIRE CAPTAIN PERMANENT PROMOTION Appointment effective April 17, 2000 In the Department of Fire To the position of Fire Captain Permanent Promotion at the Flat Starting salary of $56,020 Page 21 00-0502.txt James Seemueller, 254 Warner Road, Lancaster, 14086 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 40 APPT FIRE LIEUTENANT PERM Appointment effective April 17, 2000 In the Department of Fire To the position of Fire Lieutenant Permanent promotion at the flat Starting salary of: $53,314 David Collins, 252 Eden Street, Buffalo, 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 41 APPT FIRE LIEUTENANT PERM CONT Appointment effective April 17, 2000 In the Department of Fire To the position of Fire Lieutenant permanent contingent promotion at the flat Starting salary of $53,314 Ronald Rizzo, 167 Sundown, Williamsville, 14227 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 42 DELINQUENT PILOT AGREEMENTS The communication from Commissioner Sole to the Common Council regarding delinquent payment in lieu of tax (Pilot) accounts has been referred to the Law Department for comment. The pilot agreements in question are part of agreements between the Erie County Industrial Development Agency (ECIDA) and certain businesses. Under these agreements, the ECIDA leases land to a business and certain incentives are provided to the company. Because the land is owned by the ECIDA, a tax-exempt agency, the business is exempt from property taxes. Instead, the business agrees to make payments in lieu of taxes to the City, usually a set amount or a certain percentage of the assessed value for the duration of the agreement. Because the City is not a party to the agreement, the City is not in a position to enforce non-payment. Moreover, because the payments are in lieu of taxes rather than taxes, and because the ECIDA owns the land, the City has no lien on the premises. It is up to the ECIDA to enforce these contracts, and the ECIDA has cooperated with the City in this area. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 43 STACHOWSKI PARK - ASBESTOS ABATEMENT- REPORT OF BIDS Having received permission, Item #60, C.C.P. 2/30/98, to execute the master plan for Stachowski Park, I have asked for and received on APRIL 18, 2000 the following. BASE COMPANYBID ARRIC Corp.$ 9,671.00 5033 Transit Road, Depew, NY 14043 Peerless Environmental$12,340.00 Page 22 00-0502.txt P.O. Box 570, Orchard Park, NY 14157 Niagara Environmental Dynamics Inc.No Response 19 Acacia Drive, Amherst, NY 14228-1932 Lebis EnterprisesNo Response 261 Massachusetts Avenue, Buffalo, NY 14213 CONSULTANT's ESTIMATE . $9,800.00 I hereby certify that the foregoing is true and correct statement of the bids received. We recommend accepting the base bid amount of $9,671.00 from the ARRIC Corp. as the lowest responsible bidder in accordance with the plans and spec.'s. I therefore recommend that Your Honorable Body authorize the Commissioner of Community Development to order the work on the basis of the combined lowest, responsible bid Funds are available in the Bond Fund Account #35640206. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated May 10, 1999, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Stachowski Park, to ARRIC Corp., the lowest responsible bidder, in the base bid amount of $9,671.00. Funds for the project are available in Bond Fund Account #35640206. PASSED AYES -13 NOES - 0 NO. 44 POLISH COMMUNITY CENTER 3RD FLOOR WINDOW REPLACEMENT - REPORT OF BIDS I hereby request permission to take bids for the above project; and having asked for and having received on April 27, 2000 the following bids for the replacement of 34 windows at the Polish Community Center per the bid document WINDOW SILL COMPANYBASE BID REPLACEMENT-10 TOTAL Q & M Contracting $9,223.00 $175 x 10 = $1,750 $10,973.00 1799 Seneca Street, Buffalo, NY 14210 Robinson Window & Door No Response No Response No Response 185 Whitfield Avenue, Buffalo, NY 14220 Browning Home Improvement Inc. No Response No Response No Response 215 Evane Drive, Depew, NY 14043 TGR Enterprises Inc. No Response No Response No Response 786 Terrace Blvd., Suite #5, Depew, NY 14043 CONSULTANT'S ESTIMATE $12,000.00 I hereby certify that the foregoing is true and correct statement of the bids received. Therefore Q & M Contracting of 1799 Seneca Street, Buffalo, NY 14210 has been identified as the lowest responsible bidder for a total of $10,973.00 in accordance with the plans and specifications. I recommend and request that Your Honorable Body authorize the Commissioner o~ Community Development to order the work on the basis of the lowest, responsible bic Page 23 00-0502.txt Funds for the work of this contract is available in MUNIS ORG #30331606 REFERRED TO THE COMMITTEE ON FINANCE NO. 45 B GRANT CONCERNS, 2950 BAILEY AVENUE In response to the above stated Common Council Communication I would like to supply your Honorable Body with the following information. After receipt of this inquiry, Building Inspector Dwain Laws was dispatched to the site. Building Inspector Laws surveyed the situation and reports that at this time there is no cause for a complaint. Building Inspector Laws reports that if the adjoining property owner were in fact to install a fence on her property, it would have no effect on the access to the complainant's property. We will monitor this situation for the issuance of a Building Permit for the erection of the proposed fence for proper installation in conformance with the building code. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 46 CORRECTION - RESULT OF NEGOTIATION 148 WOODLAWN, EAST CORNER OF MASTEN VACANT LOT: 66' X 1271 WAP 32, X 27' IN REAR ASSESSED VALUATION: $4,300 154 WOODLAWN, 66.661 E MASTEN LOT SIZE: 32' X 1001 ASSESSED VALUATION: $1,600 ITEM #105, C.C.P. 2/8/2000 ITEM # 52, 1/25/2000 In item number 52, C.C.P. 1/25/2000 we forwarded results of our negotiations with Mr. Otis Tillman, Gospel Expansion Foundation, 461 Masten Avenue for the acquisition of the properties located at 148 and 154 Woodlawn. The agreed upon purchase price was Five Thousand and Twenty Dollars,($5,020). The approving item authorizing the sale of the property incorrectly stated the sale price to be Eight Hundred ($800.), Item #105, C.C.P. 2/8/2000. I am recommending Your Honorable Body amend the approval to read: The offer from Mr. Otis Tillman, on behalf of Gospel Expansion Foundation, 461 Masten Avenue, in the sum of Five Thousand Twenty Dollars, ($5,020) to purchase the properties described at 148 and 154 Woodlawn be hereby accepted. Mrs. LoTempio moved: That the above communication from the Department of Community Development dated April 27, 2000, be received and filed; and That the approval previously granted as Item No. 105, C.C.P., February 8, 2000, be and hereby is amended to read: the offer from Mr. Otis Tillman, on behalf of Gospel Expansion Foundation, 461 Masten Avenue, in the sum of Five Thousand and Twenty Dollars ($5,020.00) to purchase the properties described as 148 and 154 Woodlawn be and is hereby accepted. PASSED AYES -13 NOES - 0 NO 47 14 CLIFF STREET IN REM #33, SERIAL #4689 Page 24 00-0502.txt The Department of Community Development, Division of In-Rem Properties has received a request from Mr. Robert Grimm, attorney, representing Mrs. Ann Mattioli, to acquire 14 Cliff Street. This property is the parking lot for 1712 Clinton Street. Mrs. Ann Mattioli purchased 1712 Clinton and 14 Cliff Street from the former owner in September of 1999. As part of the purchase, Ann Mattioli agreed to pay any and all back taxes owing to the City of Buffalo and Erie County. The title search, by Monroe Title Insurance Corporation included three (3) sub lots, which included 14 Cliff Street. However, the search only provided one S.B.L. #123.33-1-11, for 1712 Clinton Street. The title search did not show the In-Rem Foreclosure filed by the City for 14 Cliff and thus Mrs. Mattioli paid taxes only on S.B.L. 123.33-1-11, 1712 Clinton Street. The City of Buffalo foreclosed its lien on the property on October 24, 1999 prior to the transfer of the property to Ann Mattioli. The discrepancy was discovered by the City Assessor's office who brought the City Foreclosure to the attention of Ann Mattioli and her attorney, after the deed transferring both properties was filed. The Title Company has agreed to rectify the situation by paying all delinquent City taxes in the amount of $1,187.27 and the $450 foreclosure fee. I am recommending Your Honorable Body approve the transfer of 14 Cliff Street to Mrs. Ann Mattioli for all back and current taxes together with interest and $4SO.00 foreclosure fee. I am further recommending that the Corporation Counsel prepare he necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 48 JAPANESE GARDEN TREE PLANTING INFORMAL BID I have asked for and received the following bids for Japanese Garden Tree Ellanting on April 25. COMPANYBID Gleason's Nursery $18,470 Village Green Landscaping $19,361 Johnstone LandscapingNo Bid I hereby certify that the foregoing is a true & correct statement of the bids received. We are accepting the low base bid of $18,470. Therefore, Gleason's Nursery, 4-~B Sheridan Drive, Williamsville, New York is the lowest responsible bidder in accordance with the plans & specifications: 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 Bond Fund Account 34310206. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated April 25, 2000, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Japanese Garden Tree Planting, to Gleason's Nursery, the lowest responsible bidder, in the base bid of $18,470. Funds for the project are available in Bond Fund Account 34310206. PASSED AYES -13 NOES - 0 NO. 49 Page 25 00-0502.txt MONTHLY REPORT OF LICENSES ISSUED IN FEBRUARY AND MARCH 2000. I am respectfully submitting the enclosed report of licenses issued in the months of February and March 2000 by the Department of Inspections, Licenses and Permits. RECEIVED AND FILED NO. 50 ORDINANCE AMENDMENT, BOILERS ENGINEERS In response to the above stated Common Council communication I would like to supply your Honorable Body with the following information. The Ordinance amendments to Chapter 94, Boilers and Engineers are technical in nature. The proposed amendments will insure that the City of Buffalo interests in our public health and safety issues will continue to be a priority. These code updates will better reflect the fuel burning equipment, whether steam or hot water source used in heating and commercial or industrial processes in the industry today. The Department of Community Development, Division of Inspections, Licenses and Permits, Division of Inspections, License and Permits supports these proposed code changes. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 51 RESPONSE TO: CCP APRIL 4, 2000, NO.212 POOR WORKMANSHIP - NEW HOME CONSTRUCTION New home construction in the City of Buffalo is dual tracked, utilizing the following process: 1.Initial Review: plans, specifications, materials and costs are submitted to the Department of Community Development. After a review process is conducted and models are selected - plans are forwarded to Inspections for plan review. II.Plan Review Process (per New York State building code requirements). New home plans and specifications an reviewed and approved by the City's Plan Review unit. After plans are approved, the builder applies for building permit. Ill.Dual Inspection process, after a permit is issued- a City Building Inspector assigned to the City's New Construction Unit is assigned to track the building of the home. Part of the inspection process Is to involve "specialty" inspectors in the trades of Electrical, Plumbing, and Fuel devices, when required. The second track of inspecting the building of new homes is the tracking and inspection of the building process by a City Supervisor of Building Construction. This city employee presently is assigned to the Department of Community Development. Attached for review are the job specifications for a City Supervisor of Building construction: a new housing tracker form; and performance specifications utilized by the Supervisor of Building construction. Before a new home can be sold and occupied, two actions must occur: 1) A certificate of occupancy (C.O.) must be issued by the Inspections Department. The issuer of the C.O. reviews the New Construction Inspector's File; the Plumbing File; the Electrical File; and the Fuel Device File for completeness prior to signing a C.O. 2) Community Development's Supervisor of Building Construction must sign off that all materials or equals listed in the specifications have been utilized / installed in a professional workmanlike manner, prior to the closing. Page 26 00-0502.txt Subsequently, several professionals from two different city departments inspect each new home, insuring that each home meets New York State Building Code Compliance and that all materials or their equals are utilized in building the home and that all work was done in a professional workmanlike manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 52 REG. OF HAZARDOUS WASTE DISPOSAL SITE 1382 NIAGARA STREET #86, CCP APRIL 4, 2000 The Department of Community Development advises the Common Council regarding the recent listing of 1382 Niagara Street as a Class 2 waste site under the New York State Department of Environmental Conservation's system of management for such sites. The site is a former chemical storage facility. There is concern that spilled chemicals may be problematic and impact the water table affecting the Niagara River at the Black Rock Channel. The classification "2" reflects the view of the Department of Environmental Conservation that the site poses a potential threat to public health and the environment. The Department of Environmental Conservation, by virtue of its listing of the site, now has authority to insure appropriate management of the site. The City will work with New York State to insure proper remediation of the site. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 53 RESPONSE - VACANT LOTS IN THE CITY OF BUFFALO ITEM #186, C.C.P. 3/21/00 In the above referenced item, Your Honorable Body requested the Department of Community Development to provide the Common Council with a list of city-owned vacant lots that do not have a future development interest; procedure for homeowners to purchase adjacent vacant lots; meet with each member of the Common Council and that Community, to develop a Strategic Plan for the future use of the vacant lots. we have forwarded to the City Clerk's Office a copy of our catalog of over 3,400 vacant lots acquired by the City of Buffalo through tax foreclosure and a copy of the procedures to acquire property through purchase or homesteading. The City's Master Plan Phase 2 is underway and vacant land management and reuse is one of the issues to be addressed in this final phase. Consultant Peter Smith Company is responsible for coordinating neighborhood planning with the Division of Planning with regard to this matter. There will be a series of meetings with neighborhood residents, business associations and individual Common Councilmembers to discuss neighborhood vision, potential capital projects and to plan and implement vacant land management reuse. These meetings will take place over the next seven months and conclude with a published Draft of the final Master Plan on or around November 15, 2000. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT Page 27 00-0502.txt NO. 54 RESTAURANT DANCING CLASS III 45 WEST CHIPPEWA Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for Restaurant Dancing Class III for Big Shotz located at 45 West Chippewa and find that as to form it is correct. I have caused an investigation into the premises for which said application for Restaurant Dancing Class III is being sought and according to the attached reports.from the Fire Department and the Building Inspector, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of John P. Bona d/b/a Big Shotz at 45 West Chippewa. This request is submitted for your consideration and whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 55 SECOND HAND DEALER 520 SEVENTH Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Second Hand Dealer License located at 520 Seventh and find that as to form it is correct. I have caused an investigation into the premises for which said application for a Second Hand 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 an investigation by the Police Department into the moral character of Rev. Gail M. Lewis. The attached thereto for Rev. Gail Lewis d/b/a Asbury Shalom Zone located at 520 Seventh. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF STREET SANITATION NO. 56 APPT. SUPERV OF STREET SANITATION I Appointment Effective: April 17, 2000 in the Department of street Sanitation to the Position of Supervisor of Street Sanitation I permanent Appointment at the Maximum Starting Salary of $30,633 Paul M. Hoffstetter, 197 Cantwell Drive, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 57 APPT PARKING METER MECHANIC TEMPORARY Appointment Effective May 1, 2000 in the Department of Administration and Finance, Division of Parking Enforcement to the Position of Parking Meter Mechanic Temporary Appointment at the MaximumStarting Salary of $26,431 Vincent Miranda, 7 Susan Lane, Buffalo 14220 FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION NO. 58 PERMISSION TO WAIVE FEE FOR BANDWAGON RENTAL 5/21/00 AND 5/26/00 Page 28 00-0502.txt The Department of Human Services, Parks and Recreation is requesting permission to waive the fee for the rental of the Bandwagon for the following events: May 21, 2000 -12th Annual "Kids" Run - in Delaware Park Wellness Institute and Independent Health May 26, 2000 - 8h Annual "Golden Years Wellness Walk in the Park" Delaware Park; Wellness The above named events are sponsored in part by the representing groups or organizations and the City of Buffalo, Division of Parks and Recreation. This event follows the criteria that we have established for our Department's Cosponsorship: 1. - A non-religious event in a park or playground, including Niagara Square. 2- The event provides a public benefit and is free to the public. 3- An event initiated by the Mayor's Office or any City Department. 4- A event co-sponsored by City Department The following criteria should be followed for a non-park event: 1. - A daytime school event 2. - An event held during work hours that does not generate overtime costs. 3. - An event that has fees waived by the Common Council. REFERRED TO THE COMMITTEE ON FINANCE NO. 59 PERMISSION TO WAIVE FEE FOR BANDWAGON RENTAL 5/18/00 The Department of Human Services, Parks and Recreation is requesting permission to waive the fee for the rental of the Bandwagon for the following event: May 18, 2000 -School Band Concert -7 p.m. - Hutchinson Technical High School/Board of Education function at Johnson Park The above named event is sponsored in part by the representing groups or organizations and the City of Buffalo, Division of Parks and Recreation. This event follows the criteria that we have established for our Department's Cosponsorship: 1.- A non-religious event in a park or playground, including Niagara Square. 2- The event provides a public benefit and is free to the public. 3- An event initiated by the Mayor's Office or any City Department. 4- A event co-sponsored by City Department The following criteria should be followed for a non-park event: 1.- A daytime school event 2- An event held during work hours that does not generate overtime costs. 3- An event that has fees waived by the Common Council. REFERRED TO THE COMMITTEE ON FINANCE FROM THE BUFFALO SEWER AUTHORITY NO. 60 ATTENDANCE SPEC FIN COMM MTR 4/26/00 Dear Councilmember Brown: On April 25, 2000, the Buffalo Sewer Authority received your request to appear at your special Committee on Finance Page 29 00-0502.txt meeting scheduled for April 26, 2000. Unfortunately, the General Manager is out of town and other staff members will not be available at this time. The Buffalo Sewer Authority is willing to meet with you at a later date or, if necessary, would be glad to answer in writing any questions that you may have. RECEIVED AND FILED FROM THE CITY CLERK NO. 61 NO. 93, APRIL 18, 2000 - "R. ASHMAN - AMENDMENT - LEDCOR" The above referenced item is a request by Ledcor to amend its existing Telecommunications License Agreement with the City, which was executed on February 22, 2000. The initial agreement allowed Ledcor to occupy 136 feet of the City's right of way for an annual fee of $4.00 a linear foot. It was subsequently amended to permit an additional build of approximately 3260 feet, at the same rate of compensation. The proposed amendment before the Council would allow Ledcor to expand its build, and increase the compensation to the City accordingly. Its final route and construction work would be subject to the approval of the Department of Public Works. All other terms of the existing agreement would remain the same. I have asked Ledcor to provide the precise number of linear feet that are required, subject to verification by the City Engineer. This Office has no difficulty with amending the agreement in this manner. REFERRED TO THE SPECIAL COMMITTEE ION TELECOMMUNICATIONS NO. 62 MAYOR REPORTED OUT OF STATE I transmit herewith a communication received by me from the Mayor, reporting his absence from the state from Saturday, April 15, 2000 at 9:00 a.m. until Saturday, April 22, 2000 at 3:00 p.m. RECEIVED AND FILED. NO. 63 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 6 Bailey AvenueRoxxyeStan Martin RECEIVED AND FILED NO. 64 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Public Works Richard Weston Rose Marie Rivera Fire- Patrick Curtin, Jill Pariss Administration and Finance-Laura Rucinski John Geisel Jr General Services-Mary Sterlace RECEIVED AND FILED. Page 30 00-0502.txt NO. 65 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority City Planning Board RECEIVED AND FILED. NO. 66 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: April 19, 2000 in the Department of Common Council Seasonal Non-Competitive at the Flat Starting Salary of $6.00 Heather M. Williams 154 Royal Avenue Buffalo, NY 14207 Appointment Effective April 18, 2000 in the Department of Common Council to the Position of Intern V Seasonal Non-Competitive at the Flat Starting Salary of $8.00 per hr. Michael Agostino 335 Commonwealth Ave Bflo, NY 14216 NO. 67 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF ASSESSMENT Appointment Effective April 25, 2000 in the Department of Assessment to the position of Clerk Seasonal Appointment at the Flat Starting Salary of $5.20/hour Marlena Matthews 243 Loring Avenue Buffalo, NY 14214 Appointment Effective April 25,2000 in the Department of Assessment to the Position of Clerk at the Appointment Flat Starting Salary of $5.20/hour Jacqueline Watts 433 Koons Buffalo, NY 14211 DEPARTMENT OF GENERAL SERVICES Appointment Effective April 24,2000 in the Department of General Services Division of Inventory & Stores to the Position of Seasonal Laborer II Seasonal Appointment at the Flat Starting Salary of $6.92 Gregory Schultz 1173 Easton Ave. Buffalo NY 14215 DEPARTMENT OF HUMAN SERVICES, PARKS AND RECREATION Appointment Effective May 1, 2000 in the Department Of Human services Division of Parks to the Position of Fee Collector Seasonal Non competitive at the Flat Page 31 00-0502.txt Karen Steele, 24 Eden, Buffalo 14220 Appointment Effective April 26,2000 in the Department Of Human services Division of Parks to the Position of Fee Collector Seasonal Non competitive at the Flat Starting Salary of $5.15 Kathleen Beutler 42 Andover Buffalo 14215 Walter Burshtynski 126 , Bird Buffalo 14213 Evelyn Cardin 41 Helen Buffalo 14213 James Creahan 96 Sheanandoah Buffalo 14220 DEPARTMENT OF PUBLIC WORKS Appointment Effective 4/14/00 in the Department of Public Works Division of Engineering to the Position of Marina Dock Attendant Seasonal Appointment at the Flat Deena M. Barone 20 Crestwood Ave. Buffalo, NY 14216 DEPARTMENT OF STAUDIUM AND AUDITORIUM Appointment Effective 4/24/00 in the Department of 49-Stadium & Auditorium Division of I-Dunn Tire Park to the Position of Laborer I Seasonal Non-Competitive at the Flat Starting Salary of $6.22 Geary Clark 9 Sweet Avenue Buffalo,14211 Appointment Effective 4/24/00 in the Department of 49-Stadium and Auditorium Division of 1-Dunn Tire Park to the Position of Laborer II Seasonal Non-Competitive at the Flat Starting Salary of $6.92 Arthur Forman, 1511 Broadway, Buffalo, 14212 DEPARTMENT OF STREET SANITATION Appointment Effective April 24, 2000 in the Department of Street Sanitation to the Position of Seasonal Laborer II Seasonal Non-Competitive at the Flat Starting Salary of $6.92 Michael R. LaFrano 37 Virgil Street Buffalo, NY 14216 Abdalla S. Mahamud 427 Grant Street Apt. 4 Buffalo, NY 14213 Anthony D. Moye 600 Sycamore Street Buffalo, NY 14214 Michael J. O'Grady 212 Summit Buffalo, NY 14214 Thomas R. Olszewski 42 Sheffield Avenue Buffalo, NY 14220 Appointment Effective April 18, 2000 in the Department of Street Sanitation to the Position of Seasonal Laborer II Seasonal Non-Competitive at the Flat Starting Salary of $6.92 Ralph L. Patterson, Sr. Page 32 00-0502.txt 2512 Bailey Avenue Buffalo, NY 14215 Appointment Effective: April 18, 2000 in the Department of Street Sanitation to the Position of Seasonal Laborer II Seasonal Non-Competitive at the Flat Starting Salary of $6.92 Kevin L. Clark 28 Lonsdale Road Buffalo, NY 14208 NO. 68 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF HUMAN RESOURCES Appointment Effective April 17, 2000 in the Department of Human Services, Parks & Recreation Division of Youth to the Position of Attendant Temporary As Required at the Flat Starting Salary of $6.00 p/h Steven Allen 49 Collingwood Buffalo 14215 Latrice Taylor 870 Lafayette Buffalo 14209 John Ingram 53 Manhattan Buffalo 14215 Appointment Effective 4/24/2000 in the Department of Law to the Position of Assistant Corporation Counsel II Permanent Appointment at the Step 1, Starting Salary of $51,524.00 Karen Curtin 152 North Ogden Street Buffalo, New York 14206 Appointment Effective April 17, 2000 in the Department of Police to the Position of Crossing GuardTemporary Non-Competitive at the Minimum Starting Salary of $6.09 Ronald H. Roof Sr. 51 Rewleno St. Buffalo, NY 14220 Appointment Effective April 17, 2000 in the Department of: Police to the Position of: Report Technician Contingent Permanent appointment at the Minimum Starting Salary of $ 25,149 Julie L. Moran 77 Milford Street Buffalo, New York 14220 Appointment Effective April 17, 2000 in the Department of Police to the position of Crossing Guard permanent Non-Competitive at the Minimum Starting, Salary of $6.00 Laxwa Smrdz 15 Heussy St. Buffalo, NY 14220 Patricia Logan 305 West Ave. Buffalo, NY 14201 Billie Jean Robbins Page 33 00-0502.txt 91 -A AD Price Ct. Buffalo, NY 14204 Tamar Miller 557 Best St. upper Buffalo, NY 14208 Karen Muhanrud 166 Burgard Pl. Buffalo, NY 14211 Alicia Southern 27 Signey St. Buffalo, NY 14211 Ina Frazier 41 Thornton Ave. Buffalo, NY 14215 Appointment Effective April 17, 2000 in the Department of Police to the position Crossing Guard Temporary Non-Competitive at the Minimum at $6.09/hr. Guarino, Candace M. 33 Crestwood Ave. Buffalo, NY 14216 Pieri, KK 31 Marine Dr. 5A Buffalo, NY 14202 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO.69 REQUEST FUNDS FOR REPAIR /IMPROVEMENTS Enclosed please find copies of a request made to Mayor Masiello for the budgeting of City Martin facilities funds to make needed repairs and improvements to Alleyway Theatre. The imminent departure of the Buffalo Police from the building makes it imperative that we take steps to protect the structure from further deterioration, repair conditions which severely harm energy efficiency and prepare the facility so that an independent developer may invest in the property by creating a new Mami Street restaurant. Important things you should know include: The building is a City owned property and Alleyway Theatre has a 25 year lease which permits Alleyway to retain earnings from subletting. Our project to transform the Theatre District's only art modeme structure into an exciting new theatre/restaurant venue is planned to happen in phases over the next few years with no interruption *in Alleyway Theatre programming. To date, we have raised over $267,000 for this project. About $167,000 has come from B. E. R. C. (1998) and the City capital budget (1999). The remaining $100,000 was raised by Alleyway Theatre from sources including New York State Council On The Arts Capital Program, New York State Council On The Arts Design Program, Erie County, private donors, and Alleyway Theatre earned income. To date, Architectural designs and construction drawings are 90% complete, the roof has been replaced, 1/3 of the new heating and air-conditioning system has been installed and is in operation. Alleyway Theatre intends to continue to be an active partner in renovating and restoring this City owned property by using Page 34 00-0502.txt City support to leverage financial support from other sources. I hope the enclosed 'information will be helpful. Please lend your support to our efforts to save and restore one of the regions excellent and historic public spaces. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 70 D. STEBBINS BERC LETTER TO EMPIRE STATE DEV SKYWAY LIGHTING CCP NO 119 APRIL 18, 2000 Per your instructions today, I am faxing Empire State Development's comments on the above, for filing with Common Council. It is my understanding that you will file a copy with the Council by 2:00 pm, April 27, 2000 per attached Correspondence. A hard copy will follow via mail. Thank you for your assistance. REFERRED TO THE COMMITTEE ON FINANCE NO. 71 C. CUMMINGS-INFO WORKFORCE INVESTMENT BOARD The funding source for the WORKFORCE INVESTMENT BOARD (WIB) and the corporation that is replacing the Private Industry Council (the Buffalo and Erie County Workforce Development Consortium) will be the U.S, Department of Labor, Workforce Investment Act, The WIS has not been finalized and a budget has not yet been developed, The individuals who will sit on the WIB and the Buffalo and Erie County Workforce Development Consortium will be appointed by the County Executive and the Mayor. The membership of the WIB has not been finalized however the following persons make up the Board of Directors of the Buffalo and Erie County Workforce Development Consortium, Inc.: Joseph E. Ryan, Chairperson, Warren Galloway, Vice Chairperson, Colleen Cummings, Treasurer and Christopher L. Jacobs, Secretary. Employees have not been hired, Job Announcements for positions within the new system will be posted in offices throughout the PIC by early June. Notices will be placed in the Buffalo News Help Wanted column. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 72 ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY ("ECIDA")/PAYMENT IN LIEU OF TAX ("PILOT") AGREEMENTS ON PROJECTS IN THE CITY OF BUFFALO In response to your April 19, 2000 inquiry to Dr. Ronald Coan, the following are ECIDA's comments to the "List of Unpaid P.I.L.O.T.S. as of March 21, 2000": 1 . Acquest LP 11 - payment has been made. 2. Commitment 2000, Inc. - This company had previously worked out a payment schedule with City of Buffalo personnel however, they have not kept up with payments. ECIDA personnel have been in contact with William Sam, company Vice President, who said he would make the January through March payment by the end of April and will make the April through June payment by June 30. See Page 35 00-0502.txt attached letter. 3.PBB USA, Inc. - payment has been made 4.Prudential Building Associates - This company filed for bankruptcy protection on January 20, 1998. The holders of the three prior mortgage liens on the property have been permitted by the Bankruptcy Court to commence foreclosure proceedings, although the foreclosure sale has not yet been authorized. The Bankruptcy Court approved an agreement among the interested parties requiring that the company set aside certain amounts of monies each month to be used to pay real estate taxes associated with the property, and I note that the 1998/1999 and 1999/2000 payments have been made. The City of Buffalo has filed a claim for the delinquent PILOT payments with the Bankruptcy Court. Once the Bankruptcy Court gives permission to the foreclosing mortgagees to sell the property, the purchaser at the foreclosure sale would own the property and, assuming this entity is not tax exempt, the property would then be returned to the tax rolls. 5.West Genesee Hotel Associates - payment has been made. In closing I would like to add that the City of Buffalo has collected $5,297,202.41 in PILOT payments for the 1999/00 fiscal year. I trust that the above is responsive to your inquiry. If you require any additional information, please let me know. REFERRED TO THE COMMITTEE ON FINANCE NO. 73 READ & SEED LITERARY PROGRAM Dear City Clerk, I am formally requesting an opportunity to address the appropriate committee of the Common Council regarding the Read & Seed Literacy Program, The House Of Karnak Multi-Cultural Expression Through Video Production And The Arts, Inc., established the Read & Seed program one year ago. Read & Seed is located at 447F William Street in Buffalo New York. This program provides after-school tutorial assistance in Phonological skills development, Reading, Spelling, English, Arithmetic and Mathematics. I would like to bring 3 or 4 Read & Seed parents before the committee to give personal testimonials regarding the efficacy of this program, Other topics of discussion would cover the continued need for Read & Seed, the impact of Read & Seed on the community and support/ funding for the program. It is my sincere hope that this request is permitted. Should you need additional information or have any questions, please call (716) 854-3669. I thank you for your consideration of this matter. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 74 SUPPORT MORATORIUM ON DEATH PENALTY As members of the Rochester City Council, we have both a responsibility and concern for the safety of our citizens. The concern is especially acute regarding issues of life and death and protection of our citizens from capital crimes. The punishments meted out for such crimes is part of our concern. The death penalty has been restored in Now York State as a punishment for capital crimes, While the morality of its use remains hotly debated, we are alarmed by certain Page 36 00-0502.txt practicalities that increasingly call into question the wisdom of its use, and the justification of its support by public officials. Around the country now scientific breakthroughs are showing that many innocent individuals have been mistakenly executed, New York State is not exempt from those tragic mistakes, each of which has irrevocable consequences. The fair and equitable administration of the, death penalty is another problem. It is both statistically documented and ancedotally observable that the overwhelming numbers of death sentences an meted out to the poor and to people of color- It is for them reasons that we unanimously join our voices to those of other municipalities and the State of Illinois it supporting a moratorium on we of the death penalty. As public officials it is incumbent on us to support both even handedness and accuracy in the administration or Justice. RECEIVED AND FILED NO. 75 REMOVAL OF 2 PKG METERS BAILEY AVE AME ZION CHURCH Dear Sirs: Please file this letter with the Common Council regarding the removal of two parking meters in front of the Bailey Avenue A. M. E. Zion Church. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE DIRECTOR OF THE PARKING VIOLATIONS BUREAU NO. 76 B GRANT PETITIONS PROTESTING INCREASE OF SEWER RATES Please file these petitions regarding sewer rate increases as a late file with the Buffalo Common Council. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 77 SUBJECT: CITY OF BUFFALO VEHICLES (ITEM 127 - BUDGET 2/8/2000) Attached herewith please find list of city owned vehicles as provided by the Administration in response to the above referenced item. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 78 FINANCE ITEMS: NO. 137 APRIL 18 "BIDS-TREE REMOVAL-CITY WIDE-2000-GROUP I1521 (PW) NO. 13 8 APRIL 18 "BIDS-TREE TRIMMING-CITY WIDE-2000-PHASE I -GROUP 4519 (PW) Attached please find information provided by the Division of Forestry in response to the above items. Also included are copies of the requests presented by council offices last fall. REFERRED TO THE COMMITTEE ON FINANCE NO. 79 SUPPORT REOPENING OF CORNERSTONE MANOR I am writing to ask you to support the reopening of the transitional school for homeless children which was housed at the Cornerstone Manor, a womens shelter in Buffalo New Page 37 00-0502.txt York. For nine (9) years the Buffalo Board of Education funded the teacher's salary to teach homeless children at this site- The school has provided transitional schooling for at-risk homeless children in Western New York, while their families seek shelter and other assistance at Cornerstone Manor. In February 2000, representatives of the State Education Department Office of School and Community Services accused the school of being in violation of the Stewart B..McKinney Homeless Assistance Act for Education. This alleged violation threatened $350 million in funding for the Buffalo Public School system. Thus, Cornerstone Academy was closed immediately and the children were bused to neighboring schools. As a supporter of children and the Cornerstone Academy, I protest this closing and refer you to Tije Reauthorization of the McKinney Education of Homeless Children and Youth Program. .Amendment, SEC. 723(a)(BXii), which says shall not provide services... that segregate ... except as necessary for short periods of time - (1) because of health and safety emergencies; or (11) to provide temporary special, supplementary services to meet the unique needs of homeless children and youth-" This amendment clearly supports the need for Cornerstone Academy. One example of the implementation of this amendment is the existence of a transitional school in Oregon.'- Several hundred homeless children have successfully transitioned into the Buffalo Public School system after attending the Academy. These children were at risk of abduction by a non-custodial or abusive parent, and emotional abuse by children who learn they are homeless. One child remarked: "They think cause I'm homeless, I haven't got nothing inside of me. They won't play with me. No kids will be my friends. They also think I am dumb, and I hate this school." The constant relocation from one school to another as homeless parents move, disrupts children's education. They may become withdrawn and unsociable. Cornerstone Academy provides children and their parents with security, knowing they are safe from harm, understood and among peers. Please contact Commissioner Richard Mills, Commissioner for Education State of New York, to voice your protest of this action against homeless children, Cornerstone Manor, and the Buffalo Public School District. REFERRED TO THE COMMITTEE ON EDUCATION AND THE CORPORATION COUNSEL NO. 80 C. MOORE IBEW LOCAL 41 CONCERNS CANDELA SYSTEMS PHASE VI ENERGY MGMT PROJECT I am a member of Local #4 1, IBEW, which services the Western New York area. Local #41 is the largest electrical construction workers union in Western New York with over 600 journeymen workers and 125 registered New York State apprentices. I have been informed from Joe Giambra, Commissioner of Public Works, that Candela Systems of Somers, New York has been awarded the contract for Phase V1 of the Energy Management Project for the City of Buffalo. I find it hard to believe that an out of town contractor with no master electrician's license could be awarded an electrical contract. The City ordinances state that only electrical contractors with a master electricians license may engage in electrical Page 38 00-0502.txt contracting within the City of Buffalo. A contractor that estimates, manages, supplies manpower or material or receives payment for any part of an electrical project is conducting electrical contracting. The ordinance also states that no electrical contractor shall lend, lease or sell his master electrician's license. I believe the specifications for Phase V1 state that all City of Buffalo ordinances shall be observed. I hope this contract is canceled and awarded to a local contractor with an electrical license. As a member of Local Union #4 1, 1 have personally volunteered my time and expertise with other members on various city projects. Among them: 1. ) Connecticut Street Armory relighting; 2. ) The Niagara Square Lighting and Power; 3. ) Central Terminal Service and Clock Wiring; 4. ) Lighted House Program in various Councilman's Districts' 5. ) The Ronald McDonald House Wiring. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS NO. 81 DEPT OF MGMT INFO SYSTEMS I am writing in regards to your efforts on behalf of Mayor Masiello to engage members of the information systems community in an advisory capacity surrounding the creation of the new Department of Management Information Systems. I applaud your efforts to gather information systems executive to assess the current state of the City's systems, to explore of systems development and to advise the City on the search for the new department's Commissioner. Given that the new department's Commissioner is appointed by the board of review and that the selection of the Commissioner is intertwined with the developed vision for the department, I would ask that myself and Council President Pitts be included in this very important task. As the board of review., we can together set an agenda for excellence by acting in partnership to develop a vision and select a Commissioner for this important new department. Thank you in advance. I look forward to hearing from you and Mayor Masiello regarding this effort. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 82 ERIE COUNTY COMPTROLLER AUDIT BROADWAY MARKET MGMT CORP At the request of Legislator Greg Olma, the Erie County Comptroller's Office has examined the Financial Statements and Independent Auditor's report, for the six months ended December 3 1, 1999 of the Broadway Market Management Corporation, Inc., the related Management Letter and report entitled Communication to Management Concerning Internal Control Matters, issued by the independent accountants P.G. Sippel, CPA & Co. Our examination was substantially less than a review or audit of the financial statements, and did not include detail testing, The objective of our examination was to determine if there is indication of inappropriate use of County funds and the need of further audit by the County Comptroller's Office. Our examination determined that there is no indication of Page 39 00-0502.txt inappropriate use of County funds. Under the contract with the Broadway Market Management Corporation, for the period of January 1, 1999 to December- 31, 1999, Erie County provided $50,000 for general operating expenses. The contract stipulates that "The use of County funds shall be limited to current operating expenses, including salaries, fringe benefits, rents, utilities, office supplies and equipment. No County funds shall be used for or applied toward any capital project or improvement nor as a set-off against accounts receivable. No funds received under this Contract shall be used for any service provided or activity performed outside Erie County." For the six months ended December 31, 1999 expenses exceeded revenue by $153,663 with total expenses of $746,661. The classification of expenses which relate to the use of County funds totaled $420,606. The County funds of $50,000 covered approximately 12% of these expenses. Management of the Broadway Market Management Corporation have indicated their understanding that the current financial difficulties are the result of overspending and inaccurate financial information being provided to management. Management has also indicated that they have developed an Accounting Controls Manual to immediately address the deficience found in the independent audit. Management's response to the management letter also indicated appropriate corrective action is taking place with the implementation of the noted recommendations. The Independent Auditor's report indicates that rental income is not sufficient to pay operating costs and there is substantial doubt about Broadway Market Management Corporation's ability to continue as a going concern without sufficient government subsidies to cover shortfalls and provide funding for capital improvements. Continued support by the County and the City of Buffalo appears to be required. At this time, there is no need of further audit by this Office. REFERRED TO THE COMMITTEE ON FINANCE NO. 83 REFERRED TO THE COMMITTEE ON LEGISLATION RENFORD CRIME MAGAZINE, DEATH PENALTY SEE CITY CLERK'S OFFICE FOR ATTACHED COORESPONDENCE RECEIVED AND FILED NO. 84 W SILVIS-REQ SUSPENSION TO USE HARD PIPE HVAC DUCT WORK HAMPTON INN PROJECTS By copy of this letter, we are respectfully asking to be added to the Common Council Meeting Agenda for May 2, 2000. Our request is to petition the Common Council to suspend, for this project only, the city requirement to "hard pipe" H.V.A.C. duct work in lieu of using "flex duct" at air diffusers. Attached is a copy of the City of Buffalo Code for Duct Systems, Chapter 238-27, Subtitle "D" for your review. Our request to use "flex duct" is primarily to allow for a quieter operating HY.A.C. system, particularly in guestrooms. Should you have any questions, please feel free to contact me at 878-9496 (office) or 998-9925 (cell). REFERRED TO THE COMMITTEE ON LEGISLAITON, THE CORPORATION COUNSEL AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT Page 40 00-0502.txt NO. 85 US ENV PROTECTION AGENCY DRAFT SAMPLING PLAN COMMENTS This is in response to your undated letter, faxed Monday evening of April 17, 2000 to the United States Environmental Protection Agency(EPA), Edison, New Jersy Office. Your letter addressed the Draft Sampling Plan for Hickory Woods Subdivision, which was presented to the residents and other concerned parties during a public availability session, held the evening of March 30, 2000. You also faxed the comments provided by the Environment and Society Institute (ESI) of the University of Buffalo (UB). The EPA has carefully considered all the comments and questions raised, and offers the following revisions and/or explanations why revisions were not deemed appropriate: 1. You requested that we increase the number of samples by collecting additional samples from the residential lots and decreasing the grid size of the open lots. The draft sampling plan includes, collection of discrete surface and subsurface soil samples from each residential lot, open areas, bare spots, gardens, and children play areas. It is estimated that approximately 300 surface samples and 400 subsurface samples will be collected from this neighborhood of approximately 30 acres. The number of cores and surface and subsurface samples was based upon the experience of no less than six EPA and contractor staff, all of whom have very extensive background and expertise in characterizing sites. We also consulted extensively with the New York State Department of Health (NYSDOH) and Agency for Toxic Substance and Disease Registry to ensure that the needs of the health professionals would be met for properly evaluating the health implications of contamination in the subdivision. Given the history of the Site and the information that was provided by the residents about how the properties were filled in, EPA is confident that the number of samples and the procedure for their collection will properly characterize the contamination, locate any areas with elevated levels and effectively identify the layering/stratification of contaminants and obtain samples of the most contaminated soil. It should be noted that Dr. John Fountain, of the University of Buffalo, considers the plan to be well designed to accomplish the objective of determining the distribution of contamination in the area, with sampling methods, locations, and analytical methods well suited for the task. The available information and Environmental Photographic Interpretation Center study, for the subdivision, indicate that older homes in the subdivision have existed since the 1930's, with little evidence of ground disturbance, and would not represent prime targets for the contamination. Therefore, we have decided to retain the number and methodology for the residential sampling program. We will reduce the sampling grid in Boone Park, and in the northern vacant lots to the 75'x 75' grid, in lieu of the 100' x 100' grids, proposed in the plan to provide greater consistency in sampling the open areas. This change will result in collection of 64 additional (32 surface and 32 subsurface) samples. 2.You stated that the draft sampling plan does not include testing east of Germania Street, south of the developed area, and areas west of Abby Street. EPA will include sampling of five new homes east of Germania Street and Boone Park. The draft plan already Page 41 00-0502.txt includes sampling in areas 100' to 120', south of the developed areas, that are beyond Bell Avenue. There is a wetland and a commercial/industrial facility beyond this point, and EPA does not plan to investigate these areas. Areas west of Abby Street (the main LTV Steel plant and the berm) are being addressed by the New York State Department of Conservation (NYSDEC). EPA will work with the representatives of the NYSDEC to address your concerns. 3.You commented that the draft plan limits the spectrum of tests to be performed on each sample. The schedule of proposed sample analyses for various parameters is based upon the standard practice of focusing the analysis on the primary contaminants of concerns. The history of the site, the data collected, and all the anecdotal information received to date indicates that polycyclic aromatic hydrocarbons (PAHs) are the primary contaminant of concern. Therefore, the draft plan calls for analyzing all soil samples for these compounds, with a percentage (33%) of samples to be analyzed for metals, inorganics, and volatile organic compounds. The usual percentage of analysis for other contaminants is 10 - 25%. It should be pointed out that Dr. Joseph Gardella stated that the analysis of elements and sernivolatiles in soil samples is extremely thorough. 4.You suggested that sampling of area sumps should be amended to include any sludge or sediments. EPA agrees, and will collect samples of any sludge or sediments collected in the sumps. Depending on the volume available, these samples will be analyzed for their chemical constituents. ( e.g., two 8 oz samples, are required for metals and BNAs analyses.) Dr. Gardella has suggested analyzing sump slime samples to identify possible biological origin. All sumps will have some biological growth in the water, sidewalls, and bottom. During visual inspection of sumps, the NYSDOH personnel identified diatoms as well as an orange slime-like growth. According to NYSDOH, this slime is most likely from iron fixing bacteria, and biological analysis of sumps would not provide any meaningful information for the assessment of human exposure to chemicals. It should be noted that the EPA Superfund program is limited to addressing hazardous substances. Therefore, biological analyses will not be performed. 5.You suggested collecting wipe samples and conducting air sampling within homes and including language in the plan to extend the boundaries of the area and to conduct more intensive sampling within the subdivision if the levels of contamination warrant such actions. You also inquired about contaminant levels that would trigger such actions. Expansion of the sampling program would be based upon recommendations from the health agencies who will evaluate the data and the health impacts. No hard numbers can be given as the health agencies will have to evaluate the public health implications of the data, considering such factors as the frequency of detection, toxicity, fate, and transport mechanisms, as well as the exposure to the contaminants of concern. The current sampling program is designed to provide the information needed to conduct the risk assessment. All sampling activities will be complete before the health assessment is complete. Any additional sampling activities, including inside homes, air, or extending the site boundaries would be based upon the Page 42 00-0502.txt recommendations of the health agencies. 6.Dr. Gardella has suggested that we provide a full report of the EPA's data to ESI. ESI will hold confidentiality of analytical results of individual lots. EPA will tabulate and summarize the analytical results of individual lots for the NYSDOH analysis of the public health implications. The sample results will be available by general location. The location specific results could be made available to the ESI, with the concurrence of the residents. This letter will serve as an amendment and revision to the draft sampling plan. To save time, we do not plan to re-issue the sampling plan. Due to the need for a minimum one week lead time for the procurement of subcontractors and analytical laboratory services, we plan to initiate the procurement on April 24, 2000 and begin the sampling program the week of May 1, 2000. We are still awaiting access agreements from several residents, and would appreciate your assistance in this regard. Thank you for providing the input and assistance in the finalization of the sampling plan. Should you have any questions, please do not hesitate to contact us. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 86 SUPPORT MORITORIUM ON DEATH PENALTY SEE ATTACHED IN CITY CLERK'S OFFICE RECEIVED AND FILED NO. 87 L. WARKENTIN-BUFFALO CITY MISSION SAFE HOUSE The Buffalo City Mission founded a Safe House in 1981 for women who needed shelter due to family, social, or environmental crisis. In 1990 they moved the shelter to its new location and named it Cornerstone Manor. Cornerstone Manor is a 60-bed shelter in the city of Buffalo that has provided battered and abused women and their children temporary housing, food, clothing, social and spiritual guidance since its establishment. Due to the many needs of this population, Cornerstone has instituted a social service component through which the staff link the residents with in-house adult education programs and with community counseling and addictions programs, as well as with other needed services. The average daily occupancy rate is 36 women and 16 children - an average of eight (8.) families a night. The majority of the women who seek shelter at Cornerstone Manor have life-dominating problems that make it difficult for them to integrate into society as productive, stable citizens Or to parent their children in a healthy manner. In 1991 the Buffalo Board of Education provided a certified schoolteacher and Cornerstone Manor Academy was opened to educate the children. From it's inception hundreds of children have attended classes at Cornerstone Academy, It has received recognition on it national and international level as an innovative program and has served as a model for shelters across the country. The Academy is a viable program that is meeting the needs of children in crisis during a temporary period of homelessness. When families come to Cornerstone Manor, the child is moved into the educational arena the next school day with the intention of normalizing the child's life as quickly as possible. Mothers are given the option to send the children) Page 43 00-0502.txt back to the school of origin. to arrange busing for the child to return to their school, to go to a school in the neighborhood, or to remain at the transitional site in Cornerstone Manor. In February 2000 the Buffalo Board of Education, heard from Ms. Gay J. Wainright, Associate Commissioner, State Education Department Office of School & Community Services, that the school was in violation of the Stewart 8 McKinney Act and must be closed in order for Buffalo to receive their Federal funding. On March 14"', Ms. Gay J. Wainright and Ms. Cheryl 0'14anesian, Office of New York City School and Community Services visited the school. They were impressed with the standards of the school however, they did not waver from the previous position that the school must be closed immediately. Following the phone call in February the staff of the Buffalo Board of Education consulted with Bunt Board of Education Corporate Counsel. After thorough study of the McKinney Act, the Corporate Counsel assured the Superintendent of the Buffalo Board of Education and Cornerstone Manor staff that we were in compliance with issues regarding Buffalo Public School students who transition through the Cornerstone Manor Academy. The following information includes related excerpts from the Stewart B. McKinney Act and specific responses. submitted to Buffalo Board of Education. Federal Law 42USC 11432 (aX2) under the title "Services" states "Unless otherwise specified, services under paragraph (J) may be provided through programs on school grounds or at other facilities Where such services are provided through program to homeless students on school grounds to the maximum extent practical, such services shall be provided through existing services and mechanisms that integrate homeless individuals -with non-homeless individuals. 42 USC 11432 (2)(d)(13) the adaptation of space and purchase of supplies for non-school facilities made available under subsection (a)(2) of this section to provide services under this subsection. The staff of Cornerstone Manor was concerned about the disrupted educational experiences, high truance and the emotional crisis the children had experienced, Cornerstone Manor sought help from the Buffalo Public Schools to provide an on-site elementary classroom for the children. As educational service has been provided by the Buffalo School Board since the fall of 1990. USC 3202(8); 3209(2)(a)4b)(1); 8 NYCRR USA 100.2(W)(1). homeless child may attend either the school district in his or her current location, the school district of origin, or a school district participating in a regional placement plan. 42USC section 11432 AMENDMENT sec. 722(g)(3)(B)(i) In determining the best interest of the child or youth under subparagraph (A), the local educational agency shall (1) to the extent feasible, keep a homeless child or youth In his or her school of origin, except when doing so is contrary to the wishes of his or her parent or guardian When families come to Cornerstone Manor, the child is moved into the educational arena the next school day with the intention of normalizing the childs life as quickly as possible. Mother are given the option to send the child (ren) back to the school of origin, to arrange busing for the child to return to their school, to go to a school in the neighborhood, or to remain at the transitional site in Cornerstone Manor. Children over the 0 grade level are encouraged to return to Page 44 00-0502.txt their school of origin if at all possible. In the 1998-1999 schoolyear 8 children were bused, others took the local transit system, and still others were taken by relatives back to their school. Also according the PROPOSED AMENDMENT to the Stewart B. McKinney Homeless Assistance Act EDUCATION FOR HOMELESS CHILDREN AND Youth Our intention is not to segregate the children on the basis of their status as homeless.... in that were possible children are returned to their home school as quickly as possible. In the 1997-98 school year 21 % of the children returned to school after I day, another 21 % returned prior to 5 days and all but I % returned within 115 days, In 1998-99, 21 % of the children returned after I day, 11 % within 5 days; 27Y6 within25days. The reasons for extended stays within Cornerstone Academy may be due to the fact that the child may be from out of town and mother or guardian is not ready to move to a permanent address, and/or records and immunizations are not available, and/or the child is NOT safe to return to the school. Amendment SEC. 723(a)(OXh) makes provisions for this exception. .. "shall not provide services ... that segregate_ except as necessary for short periods of time- (1) because of health and safety emergencies; or (H) to provide temporary special, supplementary services to meet the unique needs of homeless children and youth. Many of the children come out of a violent home environment. Returning the child(ren) back to the school of origin will expose the child to extreme danger due to accessible for abducting stalking, and the violent flash backs creating undue emotional and physical pain. Remaining on the premises with the mother relieves the child of many stress related worries; it also assures the child that mother is receiving help because they can see her intermittently throughout the school day. Because of the violence and neglect the child(ren) has experienced Child Protective Services are often linked to the families. As a result of the frequent eruptions in their educational experiences the children suffer from low self esteem and low self-confidence. Often children are withdrawn and unsociable, the gentle, caring ,learning atmosphere allows the children to experience educational success, build friendships, mid Many children who have spent time in the Cornerstone Academy transitioned successfully and without any setbacks into the next district school When a child is ready to return to a school in the community a packet with the following information accompanies the child. i.an up to date attendance record, ii.progress report, iii.missing immunization records are obtained and updated, iv,records from other school sites are gathered and then provided to the new site. Cornerstone Academy site makes it possible for the Buffalo public school, Department of Attendance to monitor the daily attendance of the students and follow the child to their next district school site. As I understand it an exception does exist - namely for health and safety emergencies of the basis for this exception is a letter by Mary Jean Le Tendre, Director, of Compensatory Education Programs at Page 45 00-0502.txt the U.S. Department of Education, sent to Senator Gordon H. Smith regarding separate schools for children experiencing homelessness and (2) the Educational Excellence for All Children Act of 1999: Proposed Amendments to the Stewart B. McKinney Homeless Assistance Act. In response to Oregon Senator Gordon H. Smith's inquiry for clarification from the U. S, Department of Education regarding the separate schools issue because of a controversy surrounding a transitional school for homeless children in Portland, Oregon the U-S. Department of Education stated: The existence of transitional schooling, per se, is not in violation of the McKinney Act. Under extraordinary circumstances, such as when the safety of a child is at stake, it might be appropriate to provide educational and support services to a child in a separate transitional seeing for a very brief time. The Department, however, supports all efforts to enroll homeless children and youth in the mainstream school environment as soon as possible so that they will have access to the same high quality educational services and the opportunity to meet the same challenging State student Performance standards as their non-homeless peers. A blanket policy that would allow a LEA to keep any homeless child or youth in a separate and segregated school for 30 days, regardless of the circumstances, is not acceptable, Source: Texas' Office for the Education of Homeless Chi Wren and Youth (OEHCY) httyo//www.tenct.edu/QEHC Ylpmblications main.hfr (copy enclosed). Furthermore, the proposed amendments (although not binding law) seem to support the aforementioned letter by the U.S. Department of Education. The proposed law 723(&)(2XB)(C&) states in relevant part: "schools ... (ii) shall not provide services in settings within a school that segregate homeless children and youths, except as is necessary for short periods of time-(]) because of health and safety emergencies.. Clearly, the federal law promotes nondiscriminatory practices by local education agencies ("LEA"), LEAs are not allowed to isolate/segregate children simply because they are homeless that would be a clear contradiction of law0iowever, when children are separated for health and/or safety emergencies for a short, transitional time period (and not solely for being homeless) there appears to be no violation of the federal law. Therefore, we respectfully disagree with the State Education Department's interpretation of the McKinney Act and its "all or nothing" position to the District's educational services provided at the Cornerstone Manor Shelter. Clearly, the homeless families are given options regarding educational placements for their children. As you are aware families with children have become the fastest growing segment of the homeless population. The discontinuity that pervades all aspects of the immediate life experiences of homeless children negatively impacts on the probability that mainstreaming the children will have a positive impact One homeless boy who was sent to a community school summed up his feelings as follows. "They think 'cos I am homeless I haven't got nothing inside of me-they won't play with me- no kids will be my friends .they also think I am so dumb and I hate this school." The transitional school site at Cornerstone Manor offered the child a safe, sheltered learning experience where they could express themselves freely, learn to deal with their pain and Page 46 00-0502.txt prepare themselves for another transition. I thank you for your anticipated assistance in resolving this matter. Please contact Commissioner Richard Mflls, Commissioner of Education State of New York, to voice your protest of this action against the homeless children Please help to make a meaningful difference in the lives of our children. For further information do not hesitate to contact me at 716- 852-0761. Thank you for reviewing this information. REFERRED TO THE COMMITTEE ON EDUCATION NO. 88 E. WOZNIAK POLISH COMMUNITY CTR COMMENTS ON At the April 17 Democratic caucus meeting, one Councilmember was said to have referred to our orga- nization and its directors as "fascists". Another Councilmember, referring to the audit description of the "Anna Walentynowicz Apartments" (AWA), was said to have called the facility "discriminatory". These ahistorical and offensive comments demonstrate the misinformation that these Councilmembers may have regarding Polish and American history, especially within the last 100 years. Additionally, the current tenancy of AWA shows that it is a facility open to all immigrants and newcomers to America. AWA was built in 1984-1985, in cooperation with St. Stanislaus Roman Catholic Church, during the height of the Solidarity movement in Poland and the influx of refugees to America from Eastern European Communist-bloc countries. It began as a shelter to protect men, women, and children who fled these totalitarian governments of the Soviet bloc, including Poland. At the time, the State of New York and the City of Buffalo recognized the importance of constructing such a facility. For your information, I have attached relevant news information regarding Anna Walentynowicz and the influx of Eastern European refugees in the United States during the 1980s. In 1989, the PCCB petitioned the state to amend its policy to allow the agency to house any refugee at AWA and on a permanent basis. Today, the PCCB is the only organization in the Fillmore District operating a residential housing facility that shelters refugees who have fled totalitarian regimes and fascistic governments. Regardless of their national origin, they come to our city in the pursuit of realizing the promise of the American dream. The PCCB is very honored to play a small part in helping them toward this end. Presently, of the twenty AWA units, 45% are occupied by Vietnamese immigrants, 30% are African refugees (including Somalia and Nigeria), and 15% are other populations (including Iran and one Buffalo fire victim). Two units are vacant. In the recent past, tenants have included refugees from Bosnia, Serbia, and Haiti, as well as victims of domestic violence. How could anyone mistake the history of this agency or the purpose of the AWA facility to be anything less than American? In the shadow of Nazi aggression against Poland during World War Il and the subsequent occupation of Poland by Soviet Communists, how could anyone accuse our directors or agency of fascism? What motivation--unless political--would anyone have to bait us in this fashion? If these untruthful statements are not retracted or retorted publicly, then the Council has significantly diminished its stature as an Honorable Body and stands before this community in shame. REFERRED TO THE COMMITTEE ON FINANCE Page 47 00-0502.txt PETITIONS NO. 89 M. KONTRAS, AGENT, USE 3314 BAILEY FOR ADDITION TO TAKE OUT RESTAURANT/STORE. REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. AND HE CORPORATIN COUNSEL NO. 90 H. HITZEL, AGENT, USE 73 SUFFOLK FOR A HUMAN RESOURCES FACILITY (HRG. 5/9) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF COMMUNITY DEVELOPMENT, AND CORPORATION COUNSEL. NO. 91 G. BARLOW & O SUPP PAVING OF STREETS/PARKING ISSUE ELLICOTT TOWN CENTER Enclosed are Petitions signed by residents of Ellicott Town Center and others who have driven on the nearby streets of Pine, South Division, Clinton and East Eagle. Some of these streets are in need of paving or need installation of curbs. As of today, the streets are very hazardous to those living around the vicinity and those driving on the roads. Also, we would request alternate day street parking for residents, guests and patients on South Division and East Eagle, as we have insufficient parking within the confines of the apartment complex. Your attention to these matters is greatly appreciated as we feel it is a top priority in this neighborhood. The complex is in need of additional parking space, the streets should be safe for all concerned and the neighborhood itself would look a lot nicer. REFERRED TO THE C0MMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS NO. 92 HAMLIN PARK RESIDENTS DENY PAGER RETAIL SALES SERVICE 278-280 E DELAVAN AVE REFERRED TO THE C0MMITTEE ON LEGISLATION AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT REGULAR COMMITEES CIVIL SERVICE (BARBARA A. MILLER-WILLIAMS, CHAIRPERSON) NO. 93 APPOINTMENT TRAFFIC SIGNAL SPECIALIST SUPV. I (INTER) (PW) (ITEM NO. 40-C.C.P. MAR. 21, 2000) That Communication 40, Mar. 21, 2000 be received and filed and the permanent appointment of Gerald E. Lewandowski stated above at the intermediate salary of $29,382 effective on March 10, 2000 is hereby approved. PASSED AYES-13. NOES-0. NO. 94 Page 48 00-0502.txt APPOINTMENT SR. COUNSELOR (MAX) (HSPR) (ITEM NO. 66-C.C.P. MAR. 21, 2000) That Communication 66, Mar. 21, 2000 be received and filed and the provisional appointment of Arleen Filipski stated above at the maximum salary of $36,633 effective on March 6, 2000 is hereby approved. PASSED AYES-13. NOES-0. NO. 95 APPOINTMENT SR. CLERK (MAX) (HSPR) (ITEM NO. 67-C.C.P. MAR, 21, 2000) That Communication 67, Mar. 21, 2000 be received and filed and the temporary appointment of Rachelle Malek stated above at the maximum salary of $28,243 effective on March 2, 2000 is hereby approved. PASSED AYES-13. NOES-0. NO. 96 APPOINTMENT DATA PROC. EQUIP. OP. (INTER) (COMPT) (ITEM NO. 22-C.C.P. APR. 18, 2000) That Communication 22, Apr. 18, 2000 be received and filed and the provisional appointment of Suzanne Zuchlewski stated above at the intermediate salary of $27,430 effective on April 3, 2000 is hereby approved. PASSED AYES-13. NOES-0. NO. 97 APPOINTMENT ASST. ENGR. (MAX) (PW) (ITEM NO. 43-C.C.P. APR. 18, 2000) That Communication 43, Apr. 18, 2000 be received and filed and the permanent appointment of Kenneth J. Wierzbicki stated above at the maximum salary of $41,020 effective on April 4, 2000 is hereby approved. PASSED AYES-13. NOES-0. NO. 98 APPOINTMENTS ASST. ENGR. (INTER) (ITEM NO. 44-C.C.P. APR. 18, 2000) That Communication 44, Apr. 18, 2000 be received and filed and the permanent appointments of Joseph J. Poltorak and Michael H. Hoffert stated above at the intermediate salary of $39,579 effective on April 4, 2000 is hereby approved. PASSED AYES-13. NOES-0. NO. 99 APPOINTMENT REPORT TECHNICIAN (INTER) (POL) (ITEM NO. 51 -C.C.P. APR. 18, 2000) That Communication 5 1, Apr. 18, 2000 be received and filed and the permanent appointment of Deborah E. Longo stated above at the intermediate salary of $25,831 effective on April 10, 2000 is hereby approved. Page 49 00-0502.txt PASSED AYES-13. NOE-0. No. 100 NO 100 APPOINTMENT CASE MGR. (MAX) (HSPR) (ITEM NO. 69-C.C.P. APR. 18, 2000) That Communication 69, Apr. 18, 2000 be received and filed and the permanent appointment of Christa Hodge stated above at the maximum salary of $31,072 effective on April 3, 2000 is hereby approved. PASSED AYES-13. NOES-0. NO. 101 APPOINTMENT DRUG ABUSE NURSE (R.N.) (INTER) (HSPR) (ITEM NO. 70-C. C.P. APR. 18, 2000) That Communication 70, Apr. 18, 2000 be received and filed and the permanent appointment of Donna M. Gerst-Lentini stated above at the intermediate salary of $29,412 effective on April 7, 2000 is hereby approved. PASSED AYES-13. NOES-0. NO. 102 RESIDENCY RPT. (A&F) (CCP#61 -MAR. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 103 B. GRANT, CONCERNED CITIZEN, RESIDENCY REQ. (CCP#104-APR. 18, 00) That the above item be and the same hereby is received and filed. ADOPTED FINANCE (BYRON W. BROWN, CHAIRMAN) NO. 104 STATE GRANT FOR HENNEPIN PARK (CCP# 115-DEC. 29, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 105 M. HASTREITER-INFO. GLEANED FROM RFP-HENNEPIN PK. (CCP#79-FEB. 8, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 106 BIDS - TREE REMOVAL - CITY WIDE - 2000 (ITEM NO. 137, C. C. P., APR. 18, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Brown Moved: Page 50 00-0502.txt That the Commissioner of Public Works be, and he hereby is authorized to award an emergency contract for Tree Removal - City Wide - 2000, Group #521, to Kilts Enterprises, Inc., the lowest responsible bidder in the amount of $273,226.80. Funds for this project are available in future Capital Project Account as per the 2.5 million-dollar amendment to the 99-00 Capital Budget. 345 Leroy shall be listed among the trees to be removed. Passed. AYES-13. NOES-0. NO. 107 BIDS - TREE TRIMMING - CITY WIDE - 2000, PHASE I (ITEM NO. 138, C.C.P., APR. 18, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Brown Moved: That the Commissioner of Public Works be, and he hereby is authorized to award an emergency contract for the Tree Trimming - City Wide - 2000, Group #5 19, to Schneck's Tree Removal, Inc., the lowest responsible bidder in the amount of $318,150 ($303,000 Base Bid + 5%). Funds for this project will be available in future Capital Project Account as per the 2.5 million dollar amendment to the 99-00 Capital Budget. Passed. AYES-13. NOES-0. NO. 108 CHANGE IN CONTRACT - MAIN TUPPER POLICE PRECINCT, PLUMBING WORK (ITEM NO. 31, C.C.P., APR. 18, 2000) That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to M.K.S. Plumbing Corp., an increase in the amount of $16,865.50, as more fully described in the above communication, for work relating to Main Tupper Police Precinct, Plumbing Work, C 491993100. Funds for this project are available in CPF 34320206 445100 Division of Buildings. Passed AYES-13. NOES-0. NO. 109 FINAL CONST. COSTS-SHEA'S PERF ARTS CTGR.-STAGE EXP. PROJ. (PW) (CCP#31 -MAR. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 110 VAR. PROPERTY ACQ./SALES (PW) (CCP#34-MAR. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 111 RESULTS OF NEGOTIATIONS-69 E. UTICA STREET ITEM NO. 57, CCP DEC. 28, 1999 ITEM NO. 141, CCP, APRIL 18, 2000 That the above item be, and the same hereby is Page 51 00-0502.txt returned to the Common Council without recommendation. Mr. Brown moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 112 REPORT OF AUCTION - 2002 FILLMORE AVENUE (ITEM NO. 62, C.C.P., JULY 13, 1999) (ITEM NO. 148, C.C.R, APRIL 18, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Brown moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 113 CERTIORARI PROCEEDINGS - 1530 KENMORE AVENUE (ITEM NO. 25, C.C.P., APR. 18, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Brown moved: That the Corporation Counsel be, and he hereby is authorized to settle the 1999-00 and 2000-01 certiorari proceeding on 1530 Kenmore Avenue by reducing the assessment from $675,000 to $400,000 for each year. Passed. AYES-13. NOES-0. NO. 114 OLD PERSONAL COMPUTERS AVAILABLE FOR AUCTION (ITEM NO. 48, C.C.P., APR. 18, 2000) That the Commissioners of Police and General Services be, and they hereby are authorized to auction personal computers and monitors, as listed in the above communication, and award them to the highest responsible bidders. Passed. AYES-13. NOES-0. LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 115 P. GELLMAN, PETITION TO USE 20 BUFFALO RIVER - ANIMAL FEED MANUFACTURER (ITEM NO. 97, C. C.P., APR. 4, 2000) (ITEM NO. 15 1, C.C.P., APR. 18, 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 April 11, 2000, the petition of P. Gellman, owner, for permission to use 20 Buffalo River for re-establishing use as an animal feed manufacturer be, and hereby is denied because the petitioner lacks the appropriate operating permits. ADOPTED. NO. 116 A. TRONOLONE, AGENT, USE 130 SO. ELMWOOD-BILLBD. SIGNS (HRG. 9/14 (CCP#120-SEPT. 7, 99) Page 52 00-0502.txt That the above item be and the same hereby is received and filed. ADOPTED NO. 117 A. TRONOLONE, AGENT, USE 372 MICHIGAN-BILLBD. SIGN (HRG. 9/14) (CCP#121-SEPT. 7, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 118 L. STEPHENS, PROPOSED ORD. CHANGE RE: ADV. ON CITY BLDGS. (CCP#95-MAR. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 119 DESIGNATION. -NOM. -APPT. -BD. OF TRUSTEES-BFLO. & ERIE CO. LIB. (MAYOR) (OLENA) (CCP#1-MAR. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 120 REVIEW APPT.-MEMBERS-EMERG. MED. SVS. BD. (LAW) (CCP#54-APR. 18, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 121 ORDINANCE AMENDMENT - CHAPTER 387 - SIGNS (ITEM NO. 136, C.C.P., NOV. 3, 1999) (ITEM NO. 139, C. C.P., MARCH 7,2000) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana now moved that the above item be received and filed . ADOPTED. NO. 122 ORDINANCE AMENDMENT - CHAPTER 511 - ZONING (ITEM NO. 137, C.C.P., NOV. 3, 1999) (ITEM NO. 140, C. C. P., MARCH 7, 2000) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana now moved that the above item be received and filed. ADOPTED. NO. 123 RESTAURANT DANCING CLASS 11 - 1683 MAIN STREET (ITEM NO. 59, C.C.P., DEC. 14, 1999) (ITEM NO. 163, C.C.P., APRIL 18, 2000) Page 53 00-0502.txt 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. 124 LODGING HOUSE ORDINANCE (ITEM NO. 185, CCP. MARCH 21, 2000) That the Corporation Counsel review the current Lodging House Ordinance and make a determination as to the ability of the City of Buffalo to amend this Law to include nuisance and criminal violations as grounds for suspension or revocation of a Lodging House License. PASSED. AYES-13. NOES-0. NO. 125 S. PETRI, RABIN TERACE BLK. CLUB-REQ. HRG. ON TRAFFIC PATTERN CONV.-W. HURON (CCP#115-APR. 18, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 126 WORTHINGTON BUS. CTR. ACCESS ROAD (CCP#192-MAR. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 127 TRAILBLAZING SIGNS ON MYRTLE STREET (ITEM NO. 224, C.C.P., APR. 18, 2000) That the Common Council request the Department of Public Works to install trailblazing signs that read "Pucho" Olivencia Place below the existing street signs on the portion of Myrtle between Michigan and S. Cedar; and That the unveiling and dedication of the trailblazing signs be scheduled during this year's Annual Grease Pole Festival to be held on Sunday, July 16t" at the Agustin "Pucho" Olivencia Center, located at 261 Swan Street. ADOPTED. NO. 128 REAFFIRM OPPOSITION TO DIVERSION OF GREAT LAKES WATER (CCP# 155 -NOV. 30, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 129 REAFFIRM OPPOSITION-DIVERSION OF GREAT LAKES WATER (PW) (CCP#35-DEC. 14,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 130 Page 54 00-0502.txt SAFETY PROC. FOR ICE FISHERMAN & OTHERS (CCP#164-DEC. 14,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 131 SAFETY PROC. FOR ICE FISHERMAN & OTHERS (CCP#41 -DEC. 28, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 132 P. YOSIEF & O-PETITION-PKG. FOR RESIDENTS-BRACO I APTS.-352-354 FRANKLIN (CCP#72-FEB. 22, 00) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 133 P. YOSIEF & O-PKG. FOR RESIDENTS-BRACO I APTS--352-354 FRANKLIN (A&F) (CCP#64-MAR. 7, 00) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 134 SECOND HAND DEALER/FLEA MARKET - 396 ABBOTT STREET (ITEM NO. 58, C.C.P., MAR. 7, 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 Second Hand Dealer License to Maureen Davis d/b/a Maureens Simple Pleasures, located at 396 Abbott Street. Passed. AYES-13. NOES-0. NO. 135 USED CAR DEALER - 50 SYCAMORE STREET (ITEM NO. 47, C. C.P., APR. 4, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 136 SIDEWALK CAFE - 621 MAIN STREET (ITEM NO. 38, C.C.P., APR. 18, 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. 137 SIDEWALK CAFE - 80 OAKGROVE AVENUE (ITEM NO. 39, C.C.P., APR. 18, 2000) Page 55 00-0502.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 C4mere license" to Mrs. Kathleen Williams-Tyler, owner of Emtea Coffee Cup C66, located at 80 Oakgrove Avenue, to install a sidewalk cafe, 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 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 feet (20') in length or extend more than three feet (3) 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-five cents ($1.35) per square foot of City right-of-way occupied by said sidewalk cafe 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. 138 SIDEWALK CAFE - 67 WEST CHIPPEWA STREET (ITEM NO. 40, C.C.P., APR. 18, 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 "mere license" to Mr. John Klenk, owner of a bar and restaurant, located at 67 West Chippewa Street, to install a sign, awning, sidewalk cafe at said address. The sign would measure 19' in height and project a maximum of 7' from the building face into City right-of-way. The proposed awning would measure 23' in length and project 7' from the building face into City right-of-way, subject to the following conditions: 1. That the applicant obtains any and all other City of Buffalo permits necessary. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the sidewalk cafe does not exceed forty-six feet (46') in overall 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 Page 56 00-0502.txt 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-five cents ($1.35) per square foot of City right-of-way occupied by said sidewalk cafe 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 sign, awning and/or sidewalk cafe. Passed. AYES-13. NOES-0. NO. 139 MORATORIUM ON THE IMPLEMENTATION OF THE DEATH PENALTY (ITEM NO. 196, C.C.P., APR. 4, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio moved: That this Common Council memorializes Congress and the President of the United States to pass HR 4162 as quickly as possible; and That this Common Council memorializes the Governor of New York State, and the State Legislature to place a moratorium on all executions and the signing of death warrants until all of the issues surrounding the death penalty are fully resolved and the policy of State executions can be justified as a legal, humane, just and necessary form of punishment; and That copies of this resolution shall be sent to the President of the United States, the Majority Leader of the United States Senate, the Speaker of the House of Representatives, the Western New York delegation of Congressional representatives, the two Senators who represent New York State in the United States Senate, the Governor of New York State, the Speaker of the New York State Assembly, the Majority Leader of the New York State Senate and the Western New York State delegation. Adopted. AYES-BONIFACIO, BROWN, ELLINGTON, FISHER, GRANT, GRAY, PITTS, WILLIAMS-8. NOES-COPPOLA, FONTANA, GOLOMBEK, LOTEMPIO, MARTINO-5. NO. 140 NOTIFICATION SERIAL #9189, REPEAL NO PARKING EXCEPT FIRE DEPT. PERSONNEL ONLY ON ELLICOTT STREET, ETC. (ITEM NO. 27, C.C.P., APR. 18, 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 is hereby received and filed. ADOPTED NO. 141 REPORT OF BIDS - TREE ROOT DAMAGED SIDEWALKS - CITY WIDE 2000 - GROUP #523 (ITEM NO. 28, C. C.P., APR. 18, 2000) That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Tree Root Damaged Page 57 00-0502.txt Sidewalks - City Wide - 2000, to Master's Edge, Inc., the lowest responsible bidder, in the amount of $415,855.00 ($378,050.00 Base Bid + 10% unit price increase $37,805.00 = Total Award $415,855.00. Funds for the project are available in Capital Project Account #34310506. PASSED AYES -13 NOES - 0 COMMUNITY DEVELOPMENT (BEVERLY A. GRAY, CHAIRPERSON) NO. 142 LDA-NEW BUFFALO IND. PK.-PARCEL 5-R. WEBER-AGENT-LLC (ITEM NO,45--C.C.P., APRIL 18, 2000) That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON COMMUNITY DEVELOPMENT. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mr. Fontana the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances -Maria Scinta-BURA Mr. Weber-Pres Sheet Metal BURA Rep Mrs. LoTempio now moved that the hearing be closed. Seconded by CARRIED. New Buffalo Industrial Park Approval of Contract For Sale of Land - 1.8 Acres Portion of Disposition Parcel 5 (Item No. 55, C.C.P., April 18, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio Moved: WHEREAS, the Buffalo Urban Renewal Agency has duly designated Richard Weber as Agent for an LLC to be formed and/or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and WHEREAS, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: 1. That Richard Weber as Agent for an LLc to be formed 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 a portion of Disposition Parcel 5 in the New Buffalo Industrial Park. 2. That the Mayor, the Chairman, Vice-Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" to Richard Weber as Agent for an LLC to be formed in accordance with the terms of said Agreement and for the consideration recited therein. Page 58 00-0502.txt PASSED AYES -13 NOES - 0 NO. 143 SOUTH ELLICOTT PHASE 2 URBAN RENEWAL AREA APPROVAL OF CONTRACT FOR SALE OF LAND - 1.9 ACRES PORTION OF 289 EXCHANGE STREET (ITEM NO. 168, C.C.P., APRIL 18, 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 approved. PASSED AYES -13 NOES - 0 NO. 144 LOCAL LAW INTRO. NO. 3 (2000) ECONOMIC DEVELOPMENT ZONES (ITEM NO. 197, C. C.P., MAR. 7, 2000) (ITEM NO. 170, C. C.P., APRIL 18, 2000) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Ms. Gray made a motion to receive and file said item, seconded by Ms. Grant. LOST AYES - BROWN, ELLINGTON, FISHER, GRANT, GRANT, WILLIAMS 6 NOES - BONIFACIO, COPPOLA, FONTANA, GOLOMBEK, LOTEMPIO, MARTINO, PITTS 7 Mrs. LoTempio now moved to approve said item, seconded by Mr. Fontana PASSED AYES - BONIFACIO, COPPOLA, FONTANA, GOLOMBEK, LOTEMPIO, MARTINO, PITTS 7 NOES - BROWN, ELLINGTON, FISHER, GRANT, GRANT, WILLIAMS -6 NO. 145 ECONOMIC DEVELOPMENT ZONE(BERC) (CCP#75-APR. 18, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 146 B. GRAY, BLOCK GRANT REQ.-FRIENDS OF THE BUFFALO RIVER (CCP#80-APR. 4, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 147 A. CUOMO-RUD INFORMATION (HRG. 3/15) (CCP#58-FEB. 22, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 148 VACANT LOTS IN THE CITY OF BUFFALO (ITEM NO. 186, C.C.P., MARCH 21, 2000) That the above item be, and the same hereby is returned to e Common Council without recommendation. Page 59 00-0502.txt Ms. Gray moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 149 REMOVAL OF DEAD TREE - 95 PECKHAM STREET (HSPR) (ITEM NO. 68, C.C.P., APRIL 18, 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 is hereby received and filed. ADOPTED NO. 150 REMOVAL OF DEAD TREE - 95 PECKHAM STREET (ITEM NO. 16, C. C.P., APR. 4, 2000) (ITEM NO. 172, C.C.P., APRIL 18, 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 received and filed. ADOPTED SPECIAL COMMITTEES BUDGET COMMITTEE (ROSEMARIE LOTEMPIO, CHAIRPERSON) NO. 151 C. NOWAK-OPPOSE TRUCK TRAV./SUB. WASTE ROUTING-DINGENS/SO. OGDEN (CCP#99-JUNE 29, 99) That the above item be and the same hereby is referred to the Committee on Legislation. ADOPTED NO. 152 RESP.-HSG. ACCOMPLISMENTS/STATUS/DEMOS 1998-1997 (CD) (CCP#54-APR. 6, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 153 REQ. CC BUDGET COMMITTEE/EST. CITY CHARTER TRANSITIONAL PROC. (CP) (CCP#22-NOV. 30, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 154 INFO ON CHARTER CHANGES (MAYOR) (CCP#2-MAR. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 155 COMPLETE ACCTG.-COSTS/REV. ASSOC W./GARBAGE USER FEE-1996 (CCP#158-FEB. 22, 00) Page 60 00-0502.txt That the above item be and the same hereby is referred to the Committee of the Whole. ADOPTED NO. 156 GARBAGE USER FEE-LOW INCOME SENIOR CITIZENS (CCP#238-FEB. 8, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 157 ACCTG. OF GARBAGE USER FEE (A&F) (CCP#59-MAR. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 158 PETITIONS IN SUPPORT OF LOW INC. SENIORS' EXEMPT. FROM PAYING USER FEES (CCP#187-MAR. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 159 PETITIONS IN SUPPORT OF LOW INC. SR'S EXEMPTIONS-GARB. USER FEE (CCP#200-MAR. 2 1, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 160 PETITIONS IN SUPPORT OF LOW INC. SR'S EXEMPTIONS-USER FEE (CCP#202-APR. 4, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 161 PETITIONS IN SUPPORT OF LOW INC. SR'S EXEMPTIONS-USER FEE (CCP#218-APR. I8, 00) That the above item be and the same hereby is received and filed ADOPTED NO. 162 BFLO. POLICE DEPT. OVERTIME AND COURT TIME (CCP#242-FEB. 8, 00) That the above item be and the same hereby is referred to the Committee on Police Reorganization. ADOPTED NO. 163 BFLO. POLICE OVERTIME/COURT TIME EXPENDITURES (POL) (CCP#35-MAR. 7, 00) That the above item be and the same hereby is referred to the Committee on Police Reorganization. Page 61 00-0502.txt ADOPTED NO. 164 COMMERCIAL WASTE PICKUP (CCP#246-FEB. 8, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 165 COMMERCIAL WASTE PICKUP (STS) (CCP#36-FEB. 22, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 166 COMMERCIAL WASTE PICKUP (STS) (CCP#62-APR. 28, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 167 IMPROVING BFLO'S RECYCLING PROGRAM (CCP#247-FEB. 8, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 168 IMPROVING BFLO'S RECYCLING PROGRAM (STS) (CCP#37-FEB. 22, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 169 COB VEHICLES (GS) (#32, 1/11) (CCP#126-FEB. 8, 00) That the above item be and the same hereby is referred to the Committee on Legislation. ADOPTED NO. 170 ADM. VEHICLE POLICY (MAYOR) (#1, 1/25) (CCP#127-FEB. 8, 00) That the above item be and the same hereby is referred to the Committee on Legislation. ADOPTED NO. 171 B. MILLER-WILLIAMS-CONC. CIT.-24 HR. USE-CITY VEHICLES BY STS. DEPT (CCP#88-APR. 4, 00) That the above item be and the same hereby is referred to the Committee on Legislation. ADOPTED NO. 172 STATE AID/LEG. REQUESTS 2000-2001 (A&F) (CCP#42-FEB. 22, 00) That the above item be and the same hereby is received Page 62 00-0502.txt and filed. ADOPTED NO. 173 DEMOLITIONS PERFORMED BY CITY DEPARTMENTS (ACCP#166-FEB. 22, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 174 DEMOLITIONS PERFORMED BY CITY DEPARTMENTS (PW) (CCP#3 I -MAR. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 175 IN-HOUSE DEMOLITION CREW (PW) (CCP#33-MAR. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 176 DEMOLTIONS PERFORMED BY CITY DEPARTMENTS (A&F) (CCP#60-MAR. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 177 TRAVEL EXPENSES AT BFLO. MUNICIPAL HSG. AUTH. (#136, 11/16) (CCP# 12 1 -FEB. 22, 00) That the above item be and the same hereby is referred to the Committee on Legislation. ADOPTED NO. 178 TRAVEL/TRANING INFO. (BN1HA) (#64, 1/25) (CCP#122-FEB. 22, 00) That the above item be and the same hereby is referred to the Committee on Legislation. ADOPTED NO. 179 PAY PHONE & MAILBOX FOR KELLY GARDENS (BMHA) (CCP#74-APR. 18, 00) That the above item be and the same hereby is referred to the Committee on Legislation. ADOPTED NO. 180 GEN. FUND GAP SHEET-SECOND QUARTER-1999-2000 (A&F) (CCP#62-MAR. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED Page 63 00-0502.txt NO. 181 SPEC. REVENUE FUNDS/TRUST AND AGENCY ACCOUNTS (CCP# 191 -MAR. 7, 00) That the above item be and the same hereby is referred to the Committee on Finance. ADOPTED NO. 182 SPEC. REVENUE FUNDS/TRUST AND AGENCY ACCOUNTS (A&F) (CCP#64-APR. 18, 00) That the above item be and the same hereby is referred to the Committee on Finance ADOPTED NO. 183 INSTALL CAMERAS ON POLICE CARS (9212, 7/27) (CCP# 162-MAR. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 184 INSTALL CAMERAS ON POLICE VEHICLES (POLICE) (#40, 9/7) (CCP#163-MAR. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 185 W. SEINER, BFLO & ERIE CO. MST. SOC.-REQ. -CAPITAL BUDGET (CCP#93-APR. 4, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 186 D. STEBBINS, BERC, LETTER TO EMPIRE STATE DEV.-SKYWAY LIGHTING (CCP# 119-APR. 18, 00) That the above item be and the same hereby is referred to the Committee on Finance. ADOPTED RESOLUTIONS NO. 187 BY: MR. BONIFACIO PERMISSION FOR TEMPLE BETH ZION TO HANG A BANNER ON DELAWARE AVENUE Whereas: The Temple Beth Zion is celebrating their 150th Anniversary as a congregation this year; and Whereas: The Temple Beth Zion is the largest Jewish Congregation in Western New York, serving more than 1,200 families; And Whereas: The Temple Beth Zion has been a good neighbor to the City of Buffalo since 1967 at their location on Delaware Avenue; and Whereas: To commemorate their 150th Anniversary, the Page 64 00-0502.txt Temple Beth Zion has requested permission to hang a banner on Delaware Avenue; And Now, Therefore Be It Resolved: That contingent to their complying with the guidelines set forth by the Department of Public Works, Temple Beth Zion be granted permission to Hang a banner across Delaware Avenue to commemorate their 150th Anniversary as a Congregation. PASSED AYES-13. NOES-0. NO. 188 By: Mr. Bonifacio WAIVE PERMIT FEES FOR C.E.M. Whereas: The Seniors of the Concerned Ecumenical Ministry (C.E.M.) will hold their annual Flag Day celebration on June 14, 2000; and Whereas: This celebration includes the "Shortest Parade in Buffalo" on Lafayette Avenue;and Whereas In addition to the parade, the seniors will participate in other outdoor activities as part of the Flag Day Celebration; and Whereas: This celebration will require that Lafayette Avenue from Parkdale to Greenwood be closed from 9:30am to 10-30am on June 14, 2000; and Now, Therefore Be It Resolved: That the Common Council authorize the City of Buffalo to waive the Department of Traffic Permit fee and the Permit fee to close off the one block of Lafayette Avenue for the Concerned Ecumenical Ministry's Flag Day Celebration; and Be It Further Resolved: That the Common Council authorize the City of Buffalo to waive any additional fees relating to the Concerned Ecumenical Ministry's annual Flag Day celebration on June 14, 2000. PASSED AYES-13. NOES-0. NO. 189 By: Mr. Brown APPOINTMENT OF ASSISTANT LEGISLATIVE AIDE - MASTEN DISTRICT COUNCIL OFFICE Whereas: The position of Assistant Legislative Aid has been created for the Masten District Council Office; Now, Therefore, Be It Resolved: That Ms. Rhonda Duncan, of 85 Manhattan Avenue, Buffalo, New York, 14215, be appointed to the position of Assistant Legislative Aide - Masten District Council Office. Be It Further Resolved: That this appointment be made effective Monday, May 1, 2000. ADOPTED NO. 190 BY: MR. BROWN: ENDORSE THE EFFORTS OF THE NEW YORK STATE ATTORNEY GENERAL TO BROADEN THE CONTAINER DEPOSIT LAW Whereas: New York State's redeemable container law was enacted to encourage the recycling of cans and bottles containing beer and carbonated drinks; and Whereas: Each person in New York State consumes about Page 65 00-0502.txt 125 bottles and cans containing noncarbonated beverages a year; and Whereas: New York State Attorney General Elliot Spitzer has proposed broadening the State law to include deposits on spring water, sports drinks and juice; and Whereas: It is better to get those containers recycled by having deposits on them rather than having residents and waste haulers weed the containers out of the waste system; Now, Therefore, Be It Resolved: That this Common Council endorses the efforts of the New York State Attorney General to revise the redeemable container law in such a way as to increase the amount of recyclable material; and Be It Further Resolved: That certified copies of this resolution be sent to Governor George Pataki, State Attorney General Elliot Spitzer, Speaker of the New York State Assembly Sheldon Silver, Majority Leader of the New York State Senate Joseph Bruno, Minority Leader of the New York State Senate Martin Connor, the Western New York delegation of the New York State Legislature, the New York State Department of Environmental Conservation, the Environmental Management Commission, the Office for the Environment and the Department of Street Sanitation. ADOPTED. NO. 191 By: Mr. Brown INCREASED APPRORIATION RESERVE FOR CAPITAL APPROPRIATIONS PARKING VIOLATIONS BUREAU That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Parking Violations Bureau - Exempt Items (Equipment) be and the same hereby is increased in the sum of $6,000. That, the comptroller be and hereby is authorized and directed to transfer the sum of $6,000 from 10700096-397200 - Reserve for Capital Budget to meet this increased appropriation as set forth below: To: 11475007 - Parking Violations Bureau 474 100 - Capital Outlay - (five software Licenses for OCRFF) $6000 PASSED AYES-13. NOES-0. NO. 192 By: Mr. Brown REPEALING VAR. BOND RESOLUTIONS Resolution repealing, revoking and rescinding in whole or partial bond resolutions heretofore adopted by this Common Council. Details available in City Clerk's Office. REFERRED TO THE COMMITTEE OF THE WHOLE. NO. 193 By: Mr. Brown URGE NEW YORK STATE TO SPEND MORE ON TOURISM IN BUFFALO AND NIAGARA FALLS Page 66 00-0502.txt Whereas: Western New York has a wealth of areas that are of interest to out of town visitors including the natural beauty of Niagara Falls and the Great Lakes Region, locations of historical significance including the Erie Canal, and battlegrounds from the Revolutionary War and the War of 1812, a municipal park system designed by Frederick Law Olmsted, beautiful architecture including houses designed by Frank Lloyd Wright and a Buffalo City Hall listed on the National Register of Historic Places; and Whereas: In addition to these traditional attractions, there is a largely untapped resource of cultural tourism centering around the rich ethnic heritage including numerous locations along the Underground Railroad, sites associated with the founding of the NAACP, and specific areas of Western New York associated with the immigration to, and building of, the region by Polish, German, Irish, Italian, Jewish and Native Americans; and Whereas: As a revenue producer, tourism is a $502 billion industry, and a study commissioned by the New York State Hospitality & Tourism Association found that every state dollar spent to promote tourism produced $2.50 in state tax revenue alone, with some sources believing the amount to be as high as $6.00; and Whereas: Although tourism is the second largest private sector industry in New York State, the State is spending less than was spent previously in the late 1980s and early 1990s, while, at the same time, other states and regions bordering New York are increasing their amounts spent on tourism promotion; and Whereas:The undermarketing of the Western New York region has reached the point where a recent "'I Love New York" four page spread in the New York Times Sunday Magazine did not include Buffalo and Niagara Falls. This oversight by New York State tourism officials is a serious problem with the loss of potential revenue coming from the increased number of Canadians crossing the border each day for "quick trips" according to Statistics Canada;and Whereas:The sixth place ranking of New York State among the 50 states' spending on tourism promotion is not at the level that it should be given the economic distress of this area, and the competition coming from across the border with the Province of Ontario's plans to add a 130,000 square-foot convention center, at an estimated cost of $55-60 million (Canadian), to their more than $1 billion in tourist related construction; Whereas: The potential for increased revenue has been documented by the recent ranking by the Disney publication, Family Fun Magazine, circulation 1.2 million, of Niagara Falls as the number one family friendly tourist attraction in the Northeast for the second consecutive year and, New York State should position itself to capitalize on this impressive statistic; and Whereas: Decisive and immediate action needs to be taken in order to address this important issue in the form of funding to improve the image and attitudes toward the Buffalo and Niagara Falls region to drive Western New York tourism creating local jobs and bringing additional revenue to New York State; Whereas: The recent omission of Buffalo and Niagara Falls by Empire State Development, in the recent I Love New York" spread in the New York Times, makes a persuasive case for support of the proposal of Assemblyman Paul A. Tokasz to create a dedicated source of revenue for tourism Page 67 00-0502.txt promotion and provide more funds for matching grants to local tourist agencies to promote their regions; Now, Therefore, Be It Resolved: That this Common Council urges the New York State Legislature to increase the amount of funding allocated to the promotion of tourism in Buffalo and Niagara Falls; and Be It Finally Resolved: That certified copies of this resolution be sent to Governor George Pataki, Speaker of the New York State Assembly Sheldon Silver,, Majority Leader of the New York State Senate Joseph Bruno, Minority Leader of the New York State Senate Martin Connor, the Western New York delegation of the New York State Legislature, the Erie County Legislature, the Niagara County Legislature, the Niagara Falls City Council, the Buffalo Economic Renaissance Corporation, the Department of Community Development, the Buffalo-Niagara Partnership, the Black Chamber of Commerce, the Office of Urban Initiatives, the Niagara Falls Area Chamber of Commerce, the Greater Buffalo Convention & Visitors Bureau, the Buffalo Quarters Historical Society, the Niagara Polish Cultural and Historical Society, the Polish American Congress, Motherland Connections, the African American Business Group of Niagara Falls, the American Business Women's Association - Niagara Falls Chapter and the ECIDA. ADOPTED. NO. 194 By: Mr. Coppola GRANT PERMISSION TO INSTALL SPIN BINS ON NORWOOD, HIGHLAND, LEXINGTON AND ASHLAND AVENUES. Whereas: The Hi-Lex Block Club, including Norwood, Highland, Lexington and Ashland Avenues, has worked actively to revitalize their area and improve Quality of Life, and Whereas: They have requested permission to install spin bins garbage containers on city owned light poles; and Whereas: The spin bins are manufactured locally and the HI-Lex Block Club is interested not only in keeping their neighborhood clean but also in supporting a locally owned business; Now, therefore, be it resolved that: The Common Council supports the Hi-Lex Block Club in its endeavors, and, subject to the conditions set forth by the Department of Public Works, grants them permission to install spin bin garbage containers on light poles on Norwood, Highland, Lexington, and Ashland Avenues. PASSED. AYES-13. NOES-0. NO. 195 By: Mr. Coppola MITIGATION OF SURCHARGE FEES FOR DEMOLITION OF 1435-1447 HERTEL AVENUE Whereas: The City of Buffalo has filed a lien of $33,034.00 against the property at 1435-1447 Hertel Avenue which was destroyed by a fire on February 12, 2000 and the city began demolition on February 13, 2000; and Whereas: The owner, Joseph Stravalaci, was on the site at the time of the fire but was not made aware of an option to do his own bidding nor of the city's exorbitant surcharge costs; and Page 68 00-0502.txt Whereas: The original demolition cost of $28,000.00 was given an additional emergency demolition surcharge by the city of $5,0341; and Whereas: Mr. Stravalaci's building's commercial insurance policy only provided coverage in the amount of $10,000.00 for demolition; Now, Therefore, Be it Resolved: That the surcharge of $5,034 be renegotiated to $1,500 making the new amount owed by Mr. Stravalaci $29,500. Be it Further Resolved: That when the property owner is on the site he or she must be made aware of the entire fee of demolition including the emergency surcharge fee. REFERRED TO THE COMITTEE ON FINANCE, THE CORPORATION COUNSEL, THE C0MMISSIONER OF PUBLIC WORKS AND THE DIVISION OF COLLECTIONS NO. 196 By: Mr. Fontana PERMISSION TO HANG BANNER / MEALS ON WHEELS Whereas: Meals on Wheels of Buffalo and Erie County is a not-for-profit organization which delivers hot food to the homebound and elderly', and Whereas: Meals on Wheels runs on the basis of a strong group of volunteers who provide this essential service to City residents; and Whereas: With an ever increasing demand for new clients wishing to receive meals, it is necessary to recruit additional volunteers to keep the program alive: Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to Meals on Wheels of 775 Main Street, to erect a banner on Bailey Avenue, between Broadway and William Street, for the purpose of recruiting new Volunteers: and Be It Further Resolved: That said banner will read: -Feed the need: Volunteer. Meals of Wheels of Buffalo, New York - 852-2626" and hang across Bailey Avenue from July 15 through August 1, 2000; and Be It Finally Resolved: That said banner meet all the requirements set forth by the Department of Public Works and the Corporation Counsel, and that no existing laws are violated. PASSED AYES-13. NOES-0. NO. 197 By: Mr. Fontana HABITAT FOR HUMANITY LICENSE FEE Whereas: Habitat for Humanity of Buffalo is an organization whose work includes providing homes to families who other wise would not be able to afford one; and Whereas: Habitat/Buffalo currently must register with the city of Buffalo for a Home Improvement License at a cost of $450; and Whereas: Habitat would abide by the annual riling for the Home Improvement License but would appreciate being able to use that $450 towards housing for lower income families; and Whereas: Habitat is trying to ramp their building activity to complete 12-15 houses per year so any resources they can channel into that effort would certainly be appreciated; and Therefore Be It Resolved: That the Common Council waive the license fee of $450. Page 69 00-0502.txt PASSED AYES-13. NOES-0. NO. 198 By: Mr. Fontana, Mrs. Martino, and Mr. Pitts NORFOLK SOUTHERN AND NEW TRAIN BRIDGE OVER THE BUFFALO RIVER Whereas: Currently, one of the areas largest bottlenecks in train traffic is over the Buffalo River in South Buffalo; and Whereas: Years ago, one of the two drawbridges accessible to train traffic was vandalized, leaving it inoperable and too expensive to repair, and Whereas: Until June 1999, Norfolk Southern and Conrail shared use of the only operable drawbridge. This was feasible because Conrail dominated the northeast rail business and Norfolk Southern ran only five trains daily through Buffalo; and Whereas: In June of 1999, CSX Railway and Norfolk Southern acquired Conrail's assets. Norfolk Southern's rail traffic in Buffalo then increased to about thirty trains per day, making the sharing of the South Buffalo drawbridge in-impossible, and leaving a negative impact on Norfolk Southern's business, and Whereas: In an attempt to rectify this situation, Norfolk Southern is considering building a new bridge that could help strengthen the areas distribution and manufacturing sectors. However it needs financial assistance from New York State to contribute to the bridge's construction; and Whereas: A request for a feasibility study for the new bridge has been made to the New York State Department of Transportation, and it is anticipated that the completion of the study will be later this year; and Whereas: As the New York State Budget is currently being finalized, it includes ten million dollars for railway infrastructure improvements; and Whereas: The State Bond Act that wilt be on the November 2000 Ballot also includes more than 100 million dollars for rail infrastructure improvements, which be a potential funding source for the new bridge; Now, Therefore, Be It Resolved: That the Buffalo Common Council hereby goes on record in support of the efforts of Norfolk Southern representatives and the New York State Assemblymen Robin Schimminger and Richard A. Smith. Working together, these officials have begun the process of securing state funding to aid in the construction of a new railway bridge in South Buffalo to benefit the growth and development of Western New York businesses; and Be It Further Resolved: That this Common Council requests that Buffalo City Clerk send certified copies of this resolution to Governor George E. Pataki, lion. Joseph Bruno. Speaker of the Senate; Hon. Sheldon Silver. Speaker of the Assembly: the WNY Delegation. ADOPTED. NO. 199 By: Mr. Golombek DEMOLITION OF 1893 ELMWOOD AVENUE Whereas: The Kittinger Building, located at 1893 Elmwood Avenue. was recently demolished; and Whereas: This past January, a request was filed by the building's owners to remove asbestos from the site; and Page 70 00-0502.txt Whereas: Whenever asbestos is removed from a building, a complete follow-up inspection is required to assure the removal was done in accordance with codes, and Whereas: The North District Council office has received numerous calls from constituents asking if an application for demolition was applied for. and if a permit was granted; and Whereas: The demolition of any building in the City of Buffalo without proper permits is a very serious issue; Now, Therefore, Be It Resolved: That the Department of Community Development report to this Common Council on the process that led to the demolition of the Kittinger Building at 1893 Elmwood Avenue; and Be It Further Resolved: That the Department of Community Development file with this Council all permit applications, inspector reports. and any permits approved, pertaining to the removal of asbestos and the demolition of 1893 Elmwood Avenue. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 200 BY: MRS. GRANT ADELPHIA CABLES DISCOUNT FOR LOW INCOME SENIOR CITIZENS WHEREAS: Senior Citizens who are 62 years old or older and whose total household annual income does not exceed $15,000 are entitled to basic cable discount at 20% of their bill; and WHEREAS: In order to receive this discount the subscriber must appear in person at Adelphia Cable's offices; and WHEREAS: Many seniors who qualify for the discount may be physically disabled or confined to their homes and find that transportation and mobility are restricted hardships; NOW, THEREFORE BE IT RESOLVED: that Aldelphia Cable rescind its policy that demands that seniors must appear in person in order to receive the basic cable rate discount. BE IT FURTHER RESOLVED: That Aldelphia Cable permits seniors to appoint a representative to advocate for him/her or put in place a policy that allows a written request for the discount BE IT FINALLY RESOLVED: That Adelphia Cable files with this honorable body its policies and procedures regarding the granting of discounts for low income senior citizens and also its response regarding the directives of this resolution. REFERRED TO THE COMMITTEE ON TELECOMMUNICATIONS, THE OFFICE OF TELECOMMUNICATIONS AND ADELPHIA CABLE NO. 201 By: Mrs. Grant BANNING RINGING CELLULAR PHONES AND BEEPING PAGERS FROM THE COUNCIL CHAMBER. WHEREAS: Common Council and committee meetings are formal proceedings where rules and decorum are strictly adhered to; and WHEREAS: In order to conduct Legislative business in an orderly and civilized fashion, a certain amount of quiet and tranquility must exist; and WHEREAS: A ringing telephone or a beeping pager can be Page 71 00-0502.txt a distracting nuisance and intrusive to the orderliness of a meeting. NOW, THEREFORE BE IT RESOLVED, THAT: All audible cellular phones and pagers be turned off or turned to a vibrating position to alert the individual called. BE IT FURTHER RESOLVED, THAT: All councilmembers and city officials in the lower levels of the Chamber physically remove themselves from the room when answering their cellular phones, and BE IT FURTHER RESOLVED, THAT: Signs are posted immediately outside the Council Chamber doors notifying the general public regarding the banning of ringing cellular phones and beeping pagers. NOW, BE IT FINALLY RESOLVED, THAT: This resolution is approved and an ordinance be drafted immediately thereafter. REFERRED TO THE COMMITTEE ON LEGTSLATION AND THE CORPORATION COUNSEL NO. 202 By: Ms. Gray DISPLAY BANNER FOR BOB LANIER CENTER Whereas: The Bob Lanier Center will hold its annual "Bowl with the Bills for Bob" On Sunday June 4, 2000, and Whereas: To promote this event the Bob Lanier Center has requested permission to Display a banner on Main Street near Amherst St., and Whereas: The organizers would like to display the banner as soon as possible in Preparation for the event; Now, Therefore, Be It Resolved: That this common Council grants permission to the Bob Lanier Center to display the banner, pursuant to the conditions established by the Commissioner of Public Works, the Corporation Counsel and the Special Events Advisory Committee. PASSED. AYES-13. NOES-0. NO. 203 By: Mrs. Gray, Mr. Brown REQUEST TO WAIVE LICENSE & PERMIT FEES FOR JEFFERSON RENAISSANCE ARTS FESTIVAL Whereas: On Sunday, July 30, 2000, "50 Women With A Vision" will sponsor the 5th Annual Jefferson Avenue Arts Festival to celebrate the revitalization of Jefferson Avenue and the adjacent communities; and Whereas: The Jefferson Arts Festival is the beginning of efforts to bring substantial community activities and development to the inner-city; and Whereas: The organization requests that all licenses and permit fees related to the festival be waived; Now, Therefore, Be It Resolved: That all license and permits fees be waived for the Jefferson Renaissance Arts Festival to be held on Sunday, July 30, 2000. PASSED AYES-13. NOES-0. NO. 204 By: Mrs. LoTempio ORDINANCE AMENDMENT CHAPTER 216 - GARBAGE, RUBBISH AND REFUSE The Common Council of the City of Buffalo does hereby Page 72 00-0502.txt ordain as follows: That Section 216-15 of Chapter 216 the Code of the City of Buffalo be amended to read as follows: 216-15. Rules and regulations. A. The Commissioner shall designate days for the removal of solid waste from the several streets of the city, and on those days it shall be lawful for any person to place at the curbline in front of the premises occupied by him all solid waste collected from the lot owned or occupied by him in receptacles or plastic bags properly closed with a twist tie or string. The Commissioner is authorized to adopt rules and regulations for receptacles to provide for uniform types of receptacles. All owners shall assure that occupants comply with this requirement. B. All refuse offered for collection shall be divided into two (2) classes, as follows: (1) Class 1: combustible material. Such material[ may be placed in a receptacle with the garbage, such receptacle being covered by a properly fitted cover. (2) Class 2: incombustible material. Such material shall not be placed in the same receptacles with combustible material and garbage. C. Refuse of each of the two (2) classes above specified shall be kept in separate receptacles and not in any case mixed with refuse of any other class. The city, from time to time, may issue to residential and commercial users receptacles for public collection, including 95 gallon. and other volume containers, for semi-automated or automated collection methods. If a residential or commercial user is issued a city receptacle, that user will be allowed to place up to only those receptacle(s) provided, appropriate recycling containers (including containers for vegetative yard waste), and up to two pieces of bulk solid waste or trash for each weekly collection, provided the user follows the rules and regulations of the Commissioner and this Chapter for proper depositing and collection of solid waste. These receptacles can not overflow, be heavier than 50 pounds, and must be tightly closed, consistent with 216-8 of this Chapter, with no solid waste placed on top of next to, or around these receptacles. Construction/demolition debris or fill may not be placed within these receptacles for public collection and disposal. The Commissioner shall promulgate rules and regulations for the use and collection from these receptacles. Receptacles furnished by the city to residential or commercial users are property of the city. No other receptacle in which refuse is offered for public collection other than receptacles permitted by the rules and regulations promulgated by the Commissioner shall be of greater capacity than 35 gallons, nor shall such receptacles, including the contents thereof, be of greater weight than 50 pounds. D. Solid waste consisting of empty boxes, crates, cartons and other unwieldy objects shall be broken up and bundled into compact bundles no longer than four feet, and no heavier than 50 pound E. (Reserved.) F. The billing for solid waste user fees is subject to service review by the Commissioner, pursuant to the rules and regulations of the Commissioner. Pursuant to such rules and regulations, the Commissioner may waive! such interest which may accrue on the disputed amounts of bills where the amount in dispute is under $50. In Page 73 00-0502.txt the event a user fee bill is referred to a collection agency, the collection agency's charges shall be added to the fees with interest due and owing. G. The Commissioner shall have the power to enter into separate contracts with persons from whom any additional or extra solid waste is to be collected and from whom charges are to be received as provided by the schedule of charges set out in Chapter 175, Fees. If a residential or commercial user requests additional receptacles issued by the city under paragraph C of this section, adjustments will be made to the fee charged for the increased service rendered to that user. H. The method of receiving of such payments and the record and audit thereof shall be as ordered and directed by the City Comptroller. All moneys received shall be paid into a solid waste enterprise fund. 1. Solid waste of a combustible nature which shall be delivered by a residential or commercial user, except solid waste collectors, shall, under the direction and control of the Commissioner of Public Works, be received and disposed of at the city disposal plant upon payment by the user delivering same at the rate as provided in Chapter 175, Fees; and further provided that the Commissioner of Public Works may, before accepting such solid waste, require evidence that the source of such solid waste was generated within the City of Buffalo. J. Solid waste collectors holding a city license under Chapter 2,63, Licenses, of this Code will be charged at the rate as provided in Chapter 175, Fees. K. Solid waste originating in the city, if of a proper classification for dumping at a city disposal plant, shall, under the direction and control of the Commissioner of Public Works, be received and disposed of at city disposal plants upon payment to the city by the person delivering the same, if other than a city department or agency, at the rate as provided in Chapter 175, Fees; and further provided that the Commissioner of Public Works may, before accepting such solid waste, require evidence that the source of such solid waste was within the City of Buffalo. L. All employees of the Department engaged in collecting solid waste shall report each and every violation of this section to the Commissioner. M. Any person violating the provisions of this section may be liable, in addition to the general penalties, to the penalties established in Chapter 137, Code Enforcement, Article 1, of this Code. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Michael B. Risman Corporation Counsel NOTE Matter in brackets [ ] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE OF THE WHOLE. NO. 205 By: Mrs. LoTempio HOMESTEAD AND NON-HOMESTEAD BASE PROPORTIONS Whereas: In Item No. 229, C.C.P., October 14, 1986, the Common Council approved Local Law No. 7, which adopted the provisions of Section 1903 of the Real Property Tax Law relating to homestead and non-homestead base proportions; Page 74 00-0502.txt and Whereas: Subsection 1903 (4)(c) authorizes the local governing body to alter the locally-adjusted homestead proportion and locally adjusted non-homestead proportion; and Whereas: These adjustments are done by adding a statutorily allowed percentage of the difference between the current percentage for homestead class and the adjusted base proportion for the homestead class to the homestead adjusted base proportion; and Whereas: These adjustments are necessary to meet the projections of the Mayor's proposed budget for fiscal year 2000-2001; Now Therefore Be It Resolved That: The Common Council and the City of Buffalo hereby elect, under the authority granted by Subsection 1903 (4)(c) of the Real Property Tax Law, to adjust the tax shares associated with the Homestead and Non-Homestead classes by adding 20 percent of the difference between the Current Percentage for Homestead Class and the Adjusted Base Proportion for the Homestead Class to the Homestead Adjusted Base Proportion. By this action, the City of Buffalo is increasing the Tax Share of the Homestead Class by 2.67209% from 48.86127% to 51-53336%. REFERRED TO THE COMMITTEE OF THE WHOLE. NO. 206 By: Mrs. Martino RENTAL FEES FOR THE CAZENOVIA PARK CASINO Whereas: The Cazenovia Park Casino sits in the center of Cazenovia Park and has recently undergone major improvements including new windows, doors. and a general cleanup of the facility; and Whereas: The South District Council office has received numerous calls from individuals who wish to use the casino for weddings, birthday parties, family reunions. and other personal events free of charge; and Whereas: Based on a resolution sponsored by the former South District Councilmember and passed by the Common Council in 1999 (C.C.P. 4167. April 20, 1999), the Common Council granted permission to waive any fees for the rental of the Cazenovia Park Casino in 1999, and Whereas: In the City of Buffalo ordinance, Chapter 175-1, Fees, a minimum charge of $125 is set for use of the Cazenovia Park Casino for private functions; and Whereas: The Parks Commissioner of the City of Buffalo is against granting free use of the Cazenovia Park Casino to individuals for private functions, and Whereas: The Parks Commissioner has always made his staff and the Casino available for public events and uses, Now, Therefore, Be It Resolved: That this Common Council request the Corporation Counsel to draft a legal opinion on the free use of the Cazenovia Park Casino for private functions, and Be it Further Resolved: That the Department of Human Services, Parks and Recreation review this resolution and file their comments and/or recommendations with the Common Council by 2:00 p.m., May 11, 2000. REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE COMMISSIONER Page 75 00-0502.txt OF HUMAN SERVICES, PARKS AND RECREATION NO. 207 By: Mrs. Martino and Mr. Fisher WAIVE PERMIT FEES - HANDICAPPED RAMPS Whereas: When a person suffers a serious injury and/or illness that limits their mobility, it creates a tremendous hardship on the individual and on the entire family, and Whereas: Many times lifestyle changes have to be made at a very stressful time- and Whereas: Often families have to spend large sums of money on medical and rehabilitation expenses, and on specialized equipment in order to get around: and Whereas: Many residents are also required to make their homes handicapped accessible which includes new wider doorways, remodeling bathrooms, and adding handicapped accessible ramps in order for them to get in and out of their homes, and Whereas: Currently the Department of Community Development. Division of Permits, charges a $156 fee for the construction of handicapped ramps. This fee places an additional hardship on families at a time when they can least afford it: and Now, Therefore, Be It Resolved: That this Common Council requests the Department of Community Development. Division of Permits. the Department of Administration and Finance, and the Advocacy Office for the Disabled to review this resolution and report to this Council on the feasibility of waiving permit fees for hardship cases involving the construction of handicapped ramps; and Be it Further Resolved: That all responses be filed with the City Clerk's Office by 2:00 pm- May 11, 2000. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF COMMUNITY DEVELOPMENT, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL NO. 208 By: Ms. Barbara Miller-Williams CLOSING OF THE CORNERSTONE ACADEMY Whereas: The Cornerstone Manor operated a school for homeless children called "Cornerstone Academy" since 1991; and Whereas: Concerned community residents have contacted the Ellicott District Council Office expressing their opposition to the closing of the Cornerstone Academy; and Whereas: Cornerstone Academy staff is funded by the Buffalo Board of Education and has enabled homeless children as well as children needing protection from violent or potentially violent situations in the City of Buffalo, a transitional period prior to mainstreaming within the Buffalo Public School System; and Whereas: On March 14, 2000, representatives of the State Education Department, Office of School and Community Services, ordered to have the Academy closed because of violations of the Stewart B. McKinney Homeless Assistance Act written in 1987; and Whereas: After careful research of the S. B. McKinney Act; SEC. 723(a)(B)(ii) which states "....shall not provide services ... that segregate ... except as necessary for short periods of time-(I) because of health and safety emergencies; or (11) to Page 76 00-0502.txt provide temporary special, supplementary services to meet the unique needs of homeless children and youth; and Whereas: Cornerstone Academy appears not to be in violation of the S.B. McKinney Act, SEC. 723(a)(B)(ii) and the closing of this school will possibly jeopardize the lives of the children and their families that currently solicits the support of this program. Now, Therefore, Be It Resolved: That this Common Council request that Richard Mills, Commissioner of the New York State Department of Education, or a designee give a full report of the noted violations at Cornerstone Academy and/or what Plan of Corrective Action has been taken to ensure that this school re-opens or provision of quality educational services are made available to the student population residing at Cornerstone Manor between March 14, 2000 to present. Be It Finally Resolved That: Certified copies of this resolution be sent to the New York State Senate Delegation, New York State Assembly Delegation, the Buffalo Public School Board Representatives and the Buffalo Board of Education Superintendent. REFERRED TO THE COMMITTEE ON EDUCATION, THE SUPER TENTENT OF THE BOARD OF EDUCATION, AND THE NY STATE EDUCATION DEPARTMENT NO. 209 By: Ms Milller-Williams SALARY ORDINANCE AMENDMENT 40 - DEPARTMENT OF HUMAN SERVICES, PARKS& RECREATION 1450 - ADMINISTRATION 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 40 - Department of Human Services, Parks & Recreation, 1450 - Administration, which reads: 3 Account Clerk Typist $ 24,277 - $ 27,048 Is hereby amended to read: 2 Account Clerk Typist $ 24,277 - $ 27,048 1 Laborer II $ 22,553 - $ 25,676 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of I foregoing ordinance is necessary. We, DANIEL T. DURAWA, COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION and JAMES B. MILROY, Ph.D., DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services that department. We recommend that 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, and 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 THE FORM Michael B. Risman Corporation Counsel PASSED. Page 77 00-0502.txt AYES-13. NOES-0. NO. 210 BY MRS. WILLIAMS FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Michael V. Cooperwood By Councilmembers Ellington, Pitts, C. Michaux III Felicitation for Bishop Nathaniel V. Jones By Councilmember Pitts & C. Michaux III, City Clerk ADOPTED NO. 211 BY: MRS. WILLIAMS APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, .2000 , conditional upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Marta Santiago Lisa M. Polizzi Total: 2 ADOPTED. NO. 212 BY: MRS. WILLIAMS APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following. persons are hereby appointed-as Commissioners of Deeds for the term ending. December 31, 2000, conditional upon the persons so appointed certifying under' oath to their qualifications and filing same with the City Clerk: MANULITO M. LOMAN RHONDA S'. DUNCAN JOHN T. VICKERD MOODY PUGH,JR. JOSEPH A. SPETH KEVIN WEGRYN LANCE WOODS JULIE A. APONTE ANN LOUISE DIPALMA ARTHUR S. FORMAN WILLIAM C. GWIZDOWSKI NICOLE M. KARAMANOS HOWARD B. KORMAN SANDRA LONG JOSEPH P. MCMAHON SANDRA L. MENDOLA DANIEL J. NEMOYER LORETTA A. PANFIL Total: 18 ADOPTED. UNFINISHED BUSINESS NO. 213 Page 78 00-0502.txt BOND RESOLUTION- $40,000-IMPROVEMENTS-VAR. FIRE STATIONS (#203-C.C.P., APRIL 18, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Brown.CARRIED Mrs. LoTemplo now made a motion to approve said item. Seconded by Mr. Coppola. PASSED AYES-13. NOES-0. NO. 214 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13 1h Floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, May 9, 2000 at 9:30 o'clock A.M. Committee on Finance Tuesday, May 9, 2000 following Civil Service Committee on Legislation Tuesday, May 9, 2000 at 2:00 o'clock P.M. NO. 215 On a motion by Mrs. LoTempio, seconded by Ms. Gray, the Council adjourned at 4:45 PM CHARLES L. MICHAUX III CITY CLERK BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #4 COUNCIL PRESIDENT'S OFFICE - 1316 CITY HALL APRIL 27, 2000 Present: Anthony M. Masiello, Mayor; Maurice Garner, Comptroller-2. Absent: James W. Pitts, Council President-1. The Journal of the last meeting was approved. NO. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of April 2000 amounting to $19,706.68, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-2. Noes-0. No. 2 The following annuitant was cancelled from the Fire Pension Payroll: Mrs. Eugene Galvin Died 4/18/00 Received and Filed. No. 3 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of April 2000 amounting to $21,792.00, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-2. Noes-0. No. 4 On motion by Mr. Garner, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m. Page 79