The URL can be used to link to this page

Home My WebLink About00-0711 00-0711.txt No. 14 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO JULY 11, 200 MAYOR Hon. Anthony M. Masiello COMPTROLLER Anthony Nanula COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE Richard A. Fontana MAJORITY LEADER Rosemarie Lo Tempio COUNCILMEMBERS-AT-LARGE Beverly Gray Charlie A. Fisher III Rosemarie LoTempio DISTRICT COUNCIL MEMBERS MARC A. COPPOLA - DELAWARE BARBARA MILLER-WILLIAMS - ELLICOTT KAREN R. ELLINGTON - FILLMORE RICHARD A. FONTANA - LOVEJOY BYRON BROWN - MASTEN DOMINIC BONIFACIO - NIAGARA JOSEPH GOLOMBEK JR. - NORTH MARY M. MARTINO - SOUTH BETTY JEAN GRANT - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Barbara Miller- Williams, Chairman, Karen R. Ellington, Charley H. Fisher III, Betty Jean Grant, Rosemarie LoTempio CLAIMS COMMITTEE: Betty Jean Grant, Chairman, Marc A. Coppola, Mary M. Martino, Richard Fontana and Barbara Miller-Williams-Members COMMUNITY DEVELOPMENT COMMITTEE: Beverly Gray, Chairman, Byron Brown, Joseph Golombek Jr., Rosemarie LoTempio, Charley H. Fisher III, and Karen Ellington-Members Page 1 00-0711.txt FINANCE COMMITTEE: Byron Brown, Chairman, Marc A. Coppola, Karen R. Ellington, Charley H. Fisher III, Mary M. Martino, Barbara Miller-Williams-Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Rosemarie LoTempio, Byron Brown, Beverly Gray, Dominic Bonifacio Jr., Joseph Golombek Jr. RULES COMMITTEE: James W. Pitts, Chairman Beverly Gray, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Charley H. Fisher III, Chairman, Dominic Bonifacio Jr., Beverly Gray, Joseph Golombek Jr., Karen R. Ellington, Richard Fontana SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty Jean Grant, Barbara Miller-Williams. BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Byron Brown , Richard Fontana, Mary M. Martino, James W. Pitts ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr., Charley H. Fisher III, Joseph Golombek Jr. POLICE REORGANIZATION COMMITTEE: Dominic Bonifacio Jr., Chairman, Karen R. Ellington, Richard Fontana, Barbara Miller-Williams, Mary Martino, Charley Fisher III. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JULY 11, 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 -12ABSENT -Williams - 1 On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on June 13, 2000 were approved. FROM THE MAYOR FROM THE MAYOR No.1 Appointments per new City Charter Pursuant to the powers vested in me, I hereby appoint the following, in accordance with the new city charter: Co-ordinator of Strategic Planning - Joseph E. Ryan 628 West Ferry St. Buffalo, N.Y. 14222 Division of Strategic Planning Salary - $69,801.00 Page 2 00-0711.txt Director of Development Division of Development Salary - $63,708.00 David Pawlik 134 Winston Rd. Buffalo, NY 14216 Director of Intergovernmental Relations Division of Intergovernmental Relations Salary'- $63,868.00 Matthew L. Brown 168 Brunswick Buffalo, NY 14208 Director of Citizen Services Division of Citizen Services Salary - $61,649.00 Jay B. Duderwick, 335 Weimer St., Buffalo, NY14222 Director of Environmental Affairs Division of Environmental Affairs Salary - $50,242.00 James Smith, 178 Lancaster Ave, Buffalo, NY 14222 Director of Employee Relations Division of Employee Relations Salary - $49,643.00 Department of Human Resources Louis r. Giardina, 74 Tennyson Ave. Buffalo, NY 14216 RECEIVED AND FILED No.2 Appointments per new City Charter Pursuant to the powers vested in me, I hereby appoint -the following, in accordance with the new city charter: Department of Human Resources Division of Compensation & Benefits Director of Compensation & Benefits Salary - $49,643.00 Steven C. Miska 625 Highgate Avenue Buffalo, New York 14215 Director of Real Estate Division of Real Estate Salary - $59,778.00 John P. Hannon 38 Turner Street Buffalo, New York 14220 Received and File No.3 Appointment of Members to the Buffalo Convention Center Mgmt. Corp. Pursuant to the powers vested in me by Section 2 and 4 of Article III of the Bylaws of the Buffalo Convention Center Management Corporation, as amended, I hereby appoint the following individuals to the Buffalo Convention Center Management Corporation Board of Managers. They will be filling the unexpired term of Clinton Brown and Deborah O'Shea, which will expire November 30, 2000. Herb Siegel 426 Franklin Street Buffalo 14202 Mr. Siegel is an attorney with the law firm of Siegel, Kelleher and Kahn. Obi Ifedigbo, R.A. 60 Forman Street Buffalo 14211 Mr. Ifedigbo is Assistant Superintendent of Plant Services and School Planning with the Buffalo Board of Education. I hereby certify that the above named individuals are fully qualified to serve as members of the Buffalo Convention Center Management Corporation Board of Managers Referred to the Committee on Legislation, Coperation Counsel, Collection and Comptoller No.4 Re-Appointment of Members to the Buffalo Sewer Authority Pursuant to the powers vested in me by Section 1177 of the Public Authorities Law, I hereby re-appoint, subject to confirmation by Your Honorable Body, John D. Kennedy, residing at 27 Arundel Road, Buffalo, New York 14216 and James P. Naples, residing at 139 Bedford Avenue, Buffalo, Now York 14216, as members of the Buffalo Sewer Authority Page 3 00-0711.txt for a term expiring June 30, 2003. I hereby certify that the above named individuals are fully qualified to serve as members of the Buffalo Sewer Authority. Referred to the Committee on Legislation, Coperation Counsel, Collection and Comptroller FROM THE MAYOR-EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING NO.5 NEW BUFFALO INDUSTRIAL PARK APPROVAL OF CONTRACT FOR SALE OF LAND - 4.7 ACRES DISPOSITION PARCEL 4 The City of Buffalo Urban Renewal Agency duly designated Skyworks, L.L.C. and/or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel. The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No.6 Transfer of Title - 1289 Jefferson Avenue From BURA to Jefferson Renaissance Economic Development Corp. The Buffalo Urban Renewal Agency has approved the transfer of 1289 Jefferson Avenue to Jefferson Renaissance Economic Development Corp. This parcel is needed by the Development Corp. to enhance the parking around the Apollo Telecommunications Center. We therefore respectfully request your approval of the transfer of this parcel to the Jefferson Renaissance Economic Development Corp. for One Dollar ($1.00) and no more. This transfer was approved by the Buffalo Urban Renewal Agency at their meeting of June 22, 2000. We, therefore, recommend that the 1289 Jefferson Avenue be transferred to Jefferson Renaissance Economic Development Corp. Mrs. LoTempic Moved: That the above communication from the Office of Strategic Planning dated July 11, 2000, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to transfer 1289 Jefferson Avenue by quit claim Page 4 00-0711.txt deed to Jefferson Renaissance Economic Development Corp. for One Dollar ($1.00) and no more. Passed AYES-12-NOES-0 No.7 Transfer of Title, Urban Homestead Program 52 Lemon, (City vacant lot, dimensions 30' x 100' Assessed Valuation: $1,400. The Office of Strategic Planning has surveyed the city-owned vacant lot at 52 Lemon Street, the parcel is 30' x 100', in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purpose. Ms. Donna Propis on behalf of the Western New York Veterans Housing Coalition, Inc., (VHC), 1125 Main Street, Buffalo, New York 14209, has requested to homestead 52 Lemon Street, a vacant City owned lot. The VHC now owns 54 Lemon and in conjunction with the National Coalition for Homeless Veterans in Washington, D. C. intends to construct a manufactured home on these parcels for a former homeless veteran. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to the Western New York Veterans Housing Coalition Inc. on the following conditions; 1) the specified structure be erected on the premises within twelve (12) months; 2) the structure be occupied by the homesteader for a period of not less than thirty-six (36) months. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No.8 Response - Request to Homestead 307 East North Street The above referenced item was forwarded to this office for a response. The item is a resolution requesting the Division of In-Rem (now the Division of Real Estate) to report on the status of 307 East North Street. There has been a request from Mr. Michael A. Williams, 309 East North Street, to homestead the property. Please be advised, I have requested the Division of Real Estate to contact Mr. Williams and follow-up on the request and report the final results back to Your Honorable Body for approval. RECEIVED AND FILED No.9 Results of Negotiations Abandonment and Sale - Portion of Old Bailey to Iron Mountain In the above referenced item Your Honorable Body authorized the Division of Real Estate to negotiate the sale of a portion of Old Bailey (a paper street) approximately 801 x 324.55'; 25,924 sq. ft. to Iron Mountain Records Management Company. Iron Mountain intends to build an additional 50,000 square foot storage facility to their existing 50,000 square foot facility. The Department of Community Development, City Planning Page 5 00-0711.txt and the Division of Collections have been contacted and they have no objections to the sale. The City Planning Board voted to approve the site plan dated June 5, 2000 project #9967.01, 100 Bailey Avenue, Buffalo, New York. This approval is conditioned with the following: neutral color on the river side of the building, additional landscaping with added native plant species along the riverbank, all new trees will be three inch caliper or larger. In accordance with Article 27, Section 27-5, Iron Mountain has commissioned two Real Estate Appraisers to establish the value of the City's interest in the property to be abandoned. Mr. Scott Allen of G.A.R. Associates, Inc. 2399 Sweet Home Road, Amherst, New York, has estimated the value of the property to be Eighteen Thousand One Hundred Seventy-Five Dollars ($18,175.00), or seventy cents (.70) a square foot. Mr. Howard Schultz, MAI, 360 Delaware Avenue, Buffalo, New York, has estimated the value of the property to be Twelve Thousand Dollars ($12,000.00), or sixty cents (.60) a square foot. Iron Mountain Records Management Company has agreed and is prepared to pay Sixteen Thousand Seven Hundred Dollars ($16,700.00), which is approximately sixty-five cents (.65) per square foot. They have also agreed to pay for any and all costs of the appraisal, transfer tax, recording fees and cost of the legal description of the property to be conveyed. I am recommending that Your Honorable Body approve the sale of that portion of Old Bailey to Iron Mountain Records Management Company in the amount of Sixteen Thousand Seven Hundred Dollars ($16,700.00), upon the terms and conditions as set forth by the City Planning Board Project #9967.01, 100 Bailey Avenue, Buffalo, New York. I am further recommending that the Corporation Counsel's Office prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE No.10 Return Purchase Money 42 South Pontiac In the above referenced item Your Honorable Body authorized the sale of 42 South Pontiac, a vacant lot, to German and Beverly Montalvo, 201 Shirley Avenue, Buffalo, New York 14215. The Montalvols acquired the property for Three Thousand Six Hundred Dollars ($3,600) on November 19, 1998 for the purpose of constructing a new home. The Montalvols hired a builder to plan and construct their new home. During the planning of the new house, it was discovered that there were no electric or gas service within a reasonable distance to connect to. The cost to bring in the overhead electric lines and connect to the gas service on South Ogden would be cost prohibitive, (approximately $30,000). In light of the circumstances, the Montalvo's are requesting that the sale be rescinded and the purchase price of the property be refunded. The Montalvo's will use the refund money towards the purchase of an existing home in North Buffalo. I am recommending that Your Honorable Body approve the rescission of the sale, transfer of the parcel back to the City, and refund the purchase price of Thirty Six Hundred Dollars ($3,600) to Mr. and Mrs. Montalvo. REFERRED TO THE COMMITTEEN ON FINANCE No. 11 Page 6 00-0711.txt Arise Ministries Use of 251 Vermont Street, West Corner of Normal Lot Size: 36' x 991 The office of Strategic Planning, Division of Real Estate, has received a request from Pastor Frank Vitello of Arise Ministries, 118 Tacoma Avenue, Buffalo, New York 14216 to use the vacant lot at 251 Vermont Street. They are requesting to use the vacant lot on July 27, 28, 29 and 3 01h , 2000 for church related services activities that will be open to the public. Arise Ministries has agreed to clean the lot after their use and have provided proof of liability insurance coverage in the amount of $1,000,000., holding the City of Buffalo harmless from any accident or injury which may result from their use of the property. I am recommending that Your Honorable Body approve the request of Arise Ministries to use 251 Vermont Street upon the above terms and conditions. Mrs. LoTempio Moved: That the above communication from the Office of Strategic Planning dated July 5, 2000, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to grant permission to Pastor Frank Vitello of Arise Ministries, I 18 Tacoma Avenue to use vacant lot at 251 Vermont Street on July 27-30, 2000, with the above terms and conditions. Passed AYES-12-NOES-0 FROM THE CITY PLANNING BOARD No.12 J. Lynch 3057 Main St. Sidewalk cafe The City Planning Board at its regular meeting held Wednesday, July 5, 2000, considered the matter captioned above pursuant to Section 413-59 of the Buffalo Code, Sidewalk cafes. The applicant seeks construct a 39'x9l sidewalk caf6 at 3057 Main St. 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 sidewalk caf6 with the following conditions: 1. No outside music is allowed 2. Closing at 12 p.m. 3. No outside trash receptacles 4. The Common Council after one year reviews the operation of this sidewalk caf6 license for complaints from the adjoining neighborhood and make any adjustments to this approval. RECEIVED AND FILED No.13 M. Sherk 77-79 1/2 Chippewa St. Balcony encroachment The City Planning Board at its regular meeting held Wednesday, July 5, 2000, considered the matter captioned above pursuant to Section 413-67 of the Buffalo Code, Encroachment regulations. The applicant seeks to construct a 501x5' balcony 141 above the sidewalk of the sidewalk at 77-79 1-t Chippewa St. Under SEQR the proposed balcony is considered an unlisted action which may be studied through uncoordinated review. Page 7 00-0711.txt The Planning Board voted to recommend approval of balcony with the following conditions: 1.A minimum railing height of 48" is to be constructed on the balcony. 2.Decorative coverings are to be constructed at the window entrances of the balcony. REFERRED TO THE COMMITTEE ON LEGISLATION No.14 S. Semeraro 1292 Hertel Ave. Sidewalk cafe The City Planning Board at its regular meeting held Wednesday, July 5, 2000, considered the matter captioned above pursuant to Section 413-59 and 511-59 of the Buffalo Code, Sidewalk cafes and Hertel Avenue District, respectively. The applicant seeks use 201x8l of the sidewalk for a sidewalk caf6 at 1292 Hertel Ave. 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 sidewalk with the following conditions: 1. No outside music is allowed 2. Closing at 11 p.m. 3. The operator of the restaurant is responsible for clean-up of any garbage that is generated as a result of the sidewalk caf6 usage. RECEIVED AND FILED No.15 R. Sweeney 752 Elmwood Ave. Take-out restaurant The City Planning Board at its regular meeting held Wednesday, July 5, 2000, considered the matter captioned above pursuant to Section 511-56 of the Buffalo Code, Elmwood Business District. The applicant seeks convert a vacant store front of a 2 story building into a take-out restaurant for candy and ice cream sales at 752 Elmwood Avenue. Under SEQR the proposed take-out restaurant is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed outside take-out restaurant. RECEIVED AND FILED No.16 Reid Petroleum 257-263 Forest Ave. Gas pumps and store The City Planning Board at its regular meeting held Wednesday, July 5, 2000, considered the matter captioned above pursuant to Section 511-28 E (2) of the Buffalo Code, Neighborhood Business District Restricted Uses. The applicant seeks to convert a store into a convenience store with gasoline sales at 257-263 Forest Avenue. Under SEQR the proposed store and gas sales are considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed store and gas sales provided that a 700 s.f. landscaped area be constructed and maintained and Page 8 00-0711.txt plantings to be mature in nature. RECEIVED AND FILED No.17 S & V Associates 1431 Kensington Ave. Human Service Facility The City Planning Board at its regular meeting held Wednesday, July 5, 2000, considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to convert 3,500 s.f. of retail space, in the Cleve-Hill plaza, for office space for a human service facility. Under SEQR the proposed Human Service Facility is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to communicate to the Common Council a finding of no concentration of similar uses within 1/2 mile of the proposed site. RECEIVED AND FILED FROM THE COMPTROLLER No.18 Report of Audit Office of Telecommunications Public Access Television Trust and Agency Fund In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Public Access Television, Trust and Agency Fund, audit report for the period July 1, 1999 to June 30, 2000. AUDIT FINDINGS Our examination of the City's Trust and Agency Fund has revealed the following unencumbered balances as of June 30, 2000: PEG AccountTotal Government Access$ 456,930.24 Educational Access 385,000.00 Total Fund Balance$ 841,930.24 SUMMATION The City has notified BNN that, effective July 1, 2000, their services in operating Public Access Television will no longer be required. It is the City's intention that the Office of Telecommunications operate all such programming through a public Telecommunications Center. Although we express no opinion as to the legal effects, if any, of the above termination of the agreement between the City of Buffalo and BNN, it is our contention that the unencumbered PEG monies on balance in the City's Trust and Agency Fund remain restricted to the financial support of Public Access T.V. and are available to the Office of Telecommunications for the proposed operation of PEG programming from the public Telecommunications Center. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND OFFICE OF TELECOMMUNICATIONS No.19 Capital Budget / Debt Management Policy The Comptroller of the City of Buffalo, New York (the "City") has responsibility for the City's debt issuance and debt Page 9 00-0711.txt management activities. Borrowings by the City in the public market are necessary for the funding of the City's capital construction requirements and for the financing of operating cash flow needs. The Comptroller's Office recognizes the limited debt capacity of the City. In that regard, the Comptroller's Office has formulated a capital budget/debt management policy. The Capital Budget Debt Management Policy is designed to establish guidelines for debt management. The objectives are to minimize the cost of future debt and maximize and maintain the City's access to the debt markets at the lowest possible cost. The debt policy sets forth the parameters for issuing debt and managing outstanding debt. It provides guidance to decision makers regarding the timing and purposes for which debt may be issued, types and amounts of permissible debt, method of sale that may be used and structural features that may be incorporated. The debt policy recognizes the City's obligation for the timely repayment of all debt which is an intrinsic requirement for continued entry into the capital markets. We hereby submit the City's Capital Budget/Debt Management Policy for informational purposes only. RECEIVED AND FILED No.20 CAPITAL DEBT SERVICE FUND DEPOSITS - 2000/2001 FISCAL YEAR Certificate Number 1-00/01 of the Comptroller of the City of Buffalo, New York, relative to the Capital Debt Service of Fund of said city, stating the amounts to be deposited therein and paid therefrom for the period Commencing July 1, 2000 and ending June 30, 2001 I, Anthony R. Nanula, Comptroller of the City of Buffalo, New York, in accordance with the provisions of Section 202 of the resolution entitled: "Enabling Resolution of the City of Buffalo, New York, Establishing a Capital Debt Service Fund, Determining the Terms and Conditions of Such Fund and Other Matters in Connection Therewith, and Providing for the Rights of Holders of Capital Debt Obligations of the City." duly adopted by the Common Council on March 8, 1977, and pursuant to the duties of the chief fiscal officer set forth therein, Do Hereby Certify as follows: 1. The Capital Debt Service Fund Requirements for the fiscal year commencing July 1, 2000 and ending June 30, 2001 is $52,973,240.68. 2. The portion of said Capital Debt Service Requirement allocated to the First Collection Period (July 1, 2000 through and including November 30, 2000), is $20,890,156.31. 3. The portion of said Capital Debt Service Requirement allocated to the Second Collection Period (December 1, 2000 through and including June 30, 2001), is $32,083,084.37. 4. The First Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing July 1, 2000 and ending December 31, 2000 on the obligations, in the amounts, on the dates, and at the place or places as set forth below: 5. The aggregate amount to be deposited by the Director of the Treasury with the M & T Trust Company, Buffalo, New York, commencing on July 1, 2000 is $20,890,156.3 1. 6. The Second Collection Period portion of the Capital Debt Service Requirement is Page 10 00-0711.txt due and payable during the period commencing January 1, 2001, and ending June 30, 2001, on the obligations, in the amounts, on the dates, and at the place or places as set forth below: 7. The aggregate amount to be deposited by the Director of the Treasury with the M&T Trust Company, Buffalo, New York, commencing on December 1, 2000 is $32,083,084.37. 8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director of the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in the Capital Debt Service Fund held by the Trustee, M&T Trust Company, Buffalo, New York, immediately upon receipt of any payment of or on account of any City ad valorem property taxes, until the amount deposited during each Collection Period is equal to the amount shown in Section 5 and 7, respectively. 9. 1 have this day delivered a copy of Certificate Number 1-00/01 to the Director of Treasury and to the Fleet Bank, Buffalo, New York. Bids available in City Clerk's Office RECEIVED AND FILED No.21 Department of Audit and Control Guidelines for Petty Cash Advances The attached revised Guidelines for Petty Cash Advances developed by the Department of Audit and Control are hereby submitted to your Honorable Body for your information. These guidelines are to be observed when expending Petty Cash for necessary, prudent and reasonable expenditures and are effective July 1, 2000, and supercede previous guidelines. Petty Cash Funds are established pursuant to the City Code section 16-18. The Department of Audit and Control accounts for Petty Cash on an impress basis. Petty Cash is advanced, spent and replenished based on vendor receipts, which are charged back to the respective department or division budgetary appropriation accounts. We recommend that both the Custodian and the individuals making Petty cash transactions become familiar with the very important information contained herein. RECEIVED AND FILED No.22 Response Sale of Old Bailey Avenue to Iron Mountain The above referenced item was referred to the Comptroller's Office, Division of Real Estate for a response. The Division of Real Estate was forwarded a letter from Iron Mountain requesting to purchase a portion of Old Bailey Avenue and we proceeded with our normal policy and procedures as follows: 1.The Departments of Community Development, Public Works, Police, City Planning Board, Water and the Sewer Authority were contacted to determine if they had any objections and/or conditions to be placed on this abandonment and sale. 2.The Dept. of Community Development referred to the City Planning Board, the Police Dept., Water Division and Sewer Authority had no objections and/or conditions. The Dept. of Public Works indicated they had no objections. However, Page 11 00-0711.txt they did indicate the wording in the deed "Being a strip of land 80.00 feet wide to be and remain forever a public street of the party of the second part and to be called Bailey Avenue. . ." might affect the City's right to abandon and sell "Old Bailey". 3.The Division of Real Estate wrote to the Law Department for an opinion as to the wording of the deed and whether or not the City had the ability to abandon and sell said property. As of this writing we have not received a response from the Law Dept. 4.Based on the fact that Your Honorable Body approved Item #231, C.C.P. 5/30/00 this office advised Iron Mountain's Attorney, Mr. Gerard DiMarco, that the Division of Real Estate was authorized to negotiate the sale of a portion of Old Bailey. We advised them of all the conditions that were placed on the sale, pursuant to Item #231, C,C. P. 5/30/00 and that the Mayor had 10 days to sign or veto said item. Mr. DiMarco was also made aware that if Iron Mountain decided to hire the appraisers prior to July 1 St they would have petition Supreme Court for the appointment of two appraisers to determine the value. However, if they waited until after July 1", they would no longer have to petition Supreme Court for the appointment of the appraisers (pursuant to the City Charter). They were also made aware of the "possible" problem with the City transferring title due to the wording in the deed that conveyed the property to the City. 5. However, the Division of Real Estate has been contacted by Iron Mountain's Attorney and he has indicated that if the City is unable to work with Iron Mountain, his client may consider leaving Buffalo and relocating to Rochester. This office will await Your Honorable Body's decision as to proceed with the abandonment and sale or lease. However, a lease would be a lot more involved and difficult since Iron Mountain intends to develop the area. More than likely they would want a 50-100 year lease since they intend to invest $600,000 to $1,000,000 into this property, providing they were not given the opportunity to purchase said property. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF PUBLIC WORKS, PAKS AND STREETS No.23 Notification Serial #9199 Install One-Way Street Direction MaIsch Street - north and east bound from Esser Avenue to Eckhert Street In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: ONE WAY STREET DIRECTION NAME OF STREETDIRECTION OF TRAFFIC MOVEMENT MaIsch Street north and east bound Page 12 00-0711.txt from Esser Avenue to Eckhert Street This action is being taken to improve vehicular and pedestrian safety. It is supported by residents of the street and the District Councilmember. (Also see next serial) Notification Serial 49200 Repeal Stop Signs in MaIsch Street at Esser Avenue STOP SIGNS -REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 9 Section I I of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repelling therefrom the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING MaIsch Street Esser Avenue This action is being taken in accordance with the conversion of Malsch Street to a one-way thoroughfare, running from Esser Avenue to Eckhert Street. This conversion renders this stop sign unnecessary as traffic will only exit at Eckhert Street. (see previous serial) REFERRED TO THE COMMITTEE ON LEGISLATION No.24 Amendment of Restricted Parking District Boundaries and Hours of Restrictions The following action is being submitted at the request of the Downtown Buffalo Parking Infrastructure Task Force. It is supported by the Division of Parking Enforcement 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. That Subsection I of Section 15 of Article I be amended to read as follows: (1) Restricted parking district - regulations. The district bounded as follows, beginning at [Delaware Ave. and North St., running thence cast along North St. to Main St., south in Main St. to Carlton St., east in Carlton St. to Ellicott St., south in Ellicott St. to East Chippewa St., east in East Chippewa St. to Genesee St., northeast in Genesee St. to Oak St., south in Oak St. to Swan St., west in Swan St. to Washington St., south in Washington St. to Exchange St., west in Exchange St. to Upper Terrace., west and northwest in Upper Terrace to Franklin St., north in Franklin St. to West Seneca street, west in West Seneca street to Lower Terrace street, northwest and north in Lower Terrace to South Elmwood Ave., north in South Elmwood Ave to Virginia St., east in Virginia St. to Delaware Ave., north in Delaware Ave. to North St.] a point in the southeast line of Georgia Street extended at the Eric Basin Marina, running thence northeast along the southeast line of Georgia Street extended to the north line of W. Mohawk Street extended, east along the north line of W. Mohawk Street to the west line of South Elmwood Avenue, north along South Elmwood Avenue to Virginia Street, cast in Virginia Street to Delaware Avenue, Page 13 00-0711.txt north in Delaware Avenue to North Street, east along North Street to Michigan Avenue, south in Michigan Avenue to South Park Avenue, west along the south line of South Park Avenue to the Buffalo Harbor line, north along the Buffalo Harbor line and Erie Basin Marina to the place of beginning, including the parts of streets bounding said territory, is hereby designated and for the purpose of this chapter shall be known as the "restricted parking district." Except as otherwise provided by this section, during the hours from 7:00 A.M. to 7:00 P.M. on any days other than Sundays and the following legal holidays: New Year's day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas day. n person shall permit any vehicle under his control to remain parked or standing at any place on any street in the restricted parking district for a longer time than [two (2) hours] as designated and established by the Division of Traffic Engineering. The foregoing is subject to the following additional restrictions: (a) Only parallel parking of a vehicle is permitted in the restricted parking district, except that on the west side of Main street between West Tupper and Pearl streets, angle parking only shall be permitted. *[] [material to be deleted.] *_ material to be added. REFERRED TO THE COMMITTEE ON LEGISLATION No.25 Report of Bids Broadway Market Renovations As Authorized by Your Honorable Body Item No. 57, C.C.P. 7/13/99, 1 asked for and received the following bids for the Broadway Market Renovations which were opened and publicly read on June 16, 2000: BIDS AVAILABLE IN City Clerk's Office I hereby certify that the foregoing is a true and correct statement of all bids received and that the following firms are the lowest responsible bidders in accordance with the plans and specifications. General Construction - SLR Contracting & Service Co. $150,300, base bid plus alternate No. 1; Plumbing Construction - W.C. Roberson Plumbing & Construction Corp., $52,866, base bid plus alternate No. 2 plus 10-6" units and 1-4" unit; HVAC Construction - SLR Contracting & Service Co., $12,781; Electrical Construction -Weydman Electric, Inc., $4,516. The General Construction alternate No. 1 is to remove and replace 3 addition roil-up doors on the ramps to the upper parking structure. The Plumbing Construction alternate No. 2 was to clean and flush existing storm sewers below floor level. Th unit prices were to replace existing 4" or 6" storm water conductors complete with associated concrete removal and patching. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bids. Funds for the work are available in Munis Org 30339006. Mrs. LoTempio Moved That the above communication from the Commissioner of Public Works dated July 6, 2000, be received and filed; and That the Commissioner of Public Page 14 00-0711.txt Works be, and he hereby is authorized to award a contract for the Broadway Market Renovations, to the lowest responsible bidders, for General Construction to SLR Contracting & Service Co., in the amount of $150,300, base bid plus alternate No. 1; for Plumbing Construction to W. C. Roberson Plumbing & Construction Corp., in the amount of $52,866, base bid plus alternate No. 2 plus 10-6" units and 14" unit; for RVAC Construction to SLR Contracting & Service Co., in the amount of $12,78 1; for Electrical Construction to Weydman Electric, Inc., in the amount of $4,516. Funds for the project are available in Munis Org 30339006. Passed. AYES-12-NOES-0 NO. 26 REPORT OF BIDS SOUTH BUFFALO BUILDINGS SENIOR AND TEEN CENTERS CAZENOVIA PARK I advertised for on June 7, 2000 and received the following sealed formal proposals for South Buffalo Buildings, Senior and Teen Centers, Cazenovia Park, which were publicly opened and read on June 29, 2000. General ConstructionBase BidAlternate #4 New Era Construction, Inc.$1,295,000.00$2,800.00 Summit Construction Group$1,318,000.00$1,500.00 C. Nichter, Inc.$1,324,000.00$2,500.00 The Hadala Corp.$1,334,000.00$1,500.00 Wilsandra Construction$1,379,000.00$1,200.00 Montco Construction$1,388,000.00$2,500.00 Telco Construction Inc.$1,440,000.00$2,200.00 Innovative Building Systems$1,542,000.00$2,800.00 The C. H. Byron Co.$1,590,000-00$3,500.00 Alternate #4 is for substitution of Polomyx waterbase PW-QS025 for paint in Activity Area (115). Electrical Work Goodwin Electric Corp. $ 189,100.00 Weydman Electric $ 222,000.00 Plumbing Work C & L Plumbing, Inc. $81,000.00 Numarco, Inc. $ 136,648.00 W. C. Roberson Plumbing $ 146,736.00 John W. Danforth Co. $ 157,700.00 HVAC Work Mollenberg Betz, Inc. $ 202,700.00 John W. Danforth Co. $ 203,900.00 W. C. Roberson Plumbing $ 234,328.00 Fire Protection Work Davis-Ulmer Sprinkler Co. $29,773.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction - New Era Construction, with a Base Bid of $1,295,000.00, add Alternate #4 for $2,800.00, for a total amount of $1,297,800.00; Electrical Work - Goodwin Electric in the amount of $189,100. 00; Plumbing Work - C & L Plumbing in the amount of $81,000.00; HVAC Work - Mollenberg-Betz, Inc. in the amount of $202,700.00 Fire Protection Work - Davis-Ulmer Sprinkler Co. in the amount Page 15 00-0711.txt of $29,773.00; for a total contract amount of One Million Eight Hundred Thousand Three Hundred Seventy Three and 00/100 Dollars ($1,800,373.00). Total estimate for this work was $1,834,843.00. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bids. Funds for this work are available in CPF 30337506, 34321906 - Division of Buildings, and Capital Project Fund approved as part of the 2000/2001 Capital Budget. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 29, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for the South Buffalo Buildings, Senior and Teen Centers, Cazenovia Park, to the lowest responsible bidders, for General Construction to New Era Construction, with a base bid of $1,295,000.00, add alternate #4 for $2,800.00, for a total amount of $1,297,800. 00; for Electrical Work to Goodwin Electric in the amount of $189, 100.00, for Plumbing Work to C & L Plumbing, in the amount of $8 1, 000. 00; for HVAC Work to Mollenberg-Betz, Inc., in the amount of $202,700.00; for Fire Protection Work to DavisUlmer Sprinkler Co. in the amount of $29,773.00. Funds for the project are available in CPF 30337506, 34321906 - Division of Buildings and Capital Project Fund approved as part of the 2000/2001 Capital Budget. PASSED AYES -12 NOES - 0 NO. 27 CHANGE IN CONTRACT DELAVAN MOSELLE COMMUNITY CENTER ELECTRICAL WORK I hereby submit to Your Honorable Body the following changes for the Delavan MoselleCommunity Center, Electrical Work, Frey Electric Co., Inc., C #92010059. 1.Furnish and install a separate service line for the fire pump service to the new center and data/voice outlets for the computer room. Add $ 5,905.40 The foregoing change results in a net increase in the contract of Five Thousand Nine Hundred Five and 40/100 Dollars ($5,905.40). Summary: Current Contract Amount$ 196,000-00 Amount of This Change Order (#1) Add$ 5,905.40 Revised Contract $201,905.40 Costs have been reviewed by the Consulting Architect (Stieglitz Snyder Architecture) and the Department of Public Works and were found to be fair and equitable. Funds for this work are available in CPF 34320506 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTeMPIO Moved: That the above communication from the Commissioner of Public Works dated June 29, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is Page 16 00-0711.txt authorized to issue change order No. 1, to Frey Electric Co., Inc., an increase in the amount of $5,905.40, as more fully described in the above communication, for work relating to Delavan Moselle Community Center, Electrical Work, C #92010059. Funds for this project are available in CPF 34320506 -Division of Buildings. PASSED AYES -12 NOES - 0 NO. 28 CHANGE IN CONTRACT FILLMORE FERRY POLICE PRECINCT PLUMBING WORK I hereby submit to Your Honorable Body the following changes for the Fillmore Ferry Police Precinct, Plumbing Contract, Matthew Kandefer, Inc., C91988800. 1.Remove and dispose unsatisfactory soil material encountered during installation of building utility infrastructure. Supply select fill material and compact as specified. Add $ 5,250.00 The foregoing change results in a net increase in the contract of Five Thousand Two Hundred Fifty and 00/100 Dollars ($5,250.00). Summary:Current Contract Amount $134,633.76 Amount of This Change Order #3 Add$ 5,250.00 Revised Contract Amount $139,883.76 Costs have been reviewed by the Consulting Architect (Trautman Associates) and the Department of Public Works, Parks & Streets and found to be fair and equitable. Funds for this work are available in CPF 30229306 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the Contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated April 27, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 3, to Matthew Kandefer, Inc., an increase in the amount of $5,250.00, as more fully described in the above communication, for work relating to Fillmore Ferry Police Precinct, Plumbing Work, C91988800. Funds for this project are available in CPF 30229306 445100 Division of Buildings. PASSED AYES -12 NOES - 0 NO. 29 CHANGE OF ALTERNATE PARKING DAY AND TIME RESTRICTIONS FOR TYPE I ALTERNATE PARKING ITEM #168, C.C.P. MAY 16, 2000 The Department of Public Works, Parks and Streets was requested to respond to Item #168 of May 16, 2000 which pertains to the above mentioned subject. This department has no objection to changing the days for Type I Alternate Parking change-orders to Mondays and Thursdays. However, it is the opinion of this department that the change-over time be established as 6:00 PM. This time frame not only provides relief for persons coming home from Page 17 00-0711.txt work to properly park their vehicles, but also allows people to leave their autos should they be going out for the evening. Therefore, this department recommends that Your Honorable Body approve that Type I Alternate Parking be established as "No Parking 6:00 pm Monday to 6:00 pm Thursday and No Parking 6:00 pin Thursday to 6:00 pin Monday". In addition, as requested, a complete list of all Type I Alternate Parking Streets in the Delaware District, and an associated cost estimate for conversion, will be compiled and filed with Your Honorable Body by September, 2000. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 30 CHANGE MAISCH STREET FROM TWO-WAY TRAFFIC TO ONE-WAY TRAFFIC ITEM #233, C.C.P. MAY 301,2000 The Department of Public Works, Parks and Streets was asked to respond to Item #233 of May 30, 2000. This item requested that MaIsch Street be changed from two-way travel to one-way travel. Specifically. Maisch Street would be made a one-way street with traffic traveling from Esser Street to Eckhert Street. Residents of the street have forwarded a petition requesting this action and the District Councilmember has sponsored a resolution supporting their request. This Department has studied this item and has no objection to converting MaIsch Street to a one-way thoroughfare, Therefore. the necessary Notification Serials (4's 9199 and 9200) have been prepared and submitted to Your Honorable Body to accomplish this task. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 31 CONSOLIDATION OF THE DEPARTMENTS OF PUBLIC WORKS, PARKS AND STREET SANITATION At the Legislation committee meeting of July 5, 2000, 1 was asked to report to the Common Council on changes that have been made to date and any changes being contemplated as part of the formulation of the new Department of Public Works, Parks and Streets. The City Engineer, the Deputy Commissioner for Parks, and the Deputy Commissioner for Streets have been meeting with me regularly to discuss these changes. In the first ten days of the new department the following has already either been put in place or adopted as policies of the new department: Consolidation of Administrative Functions - Prior to the creation of the new department four administrative offices existed. On this date the number has been reduced to two and in September we expect to have all administrative functions consolidated into one City Hall office. The Forestry function will be primarily charged with the maintenance of trees in City parks. Private contractors will be used to maintain trees within the City's rights of ways. Large vehicle maintenance will be consolidated within the repair shop located at the Streets Division at the Broadway Garage. Small vehicle repair and small engine repair will continue to take place at the Division of Engineering garage on Seneca St., and at the Division of Parks' garage at Delaware Park. Solid waste pick-up in City parks will be handled by the Streets Division instead of the Parks Division. A recycling Page 18 00-0711.txt program will be instituted for all major events held in City parks. Distinctive covered containers will be distributed for use in our parks. Area contractors will be contacted over the summer and price agreements will be negotiated with them for snow plowing and removal should emergency conditions be encountered. During snow storms most employees of the Department of Public Works, Parks and Streets who hold a proper commercial driver'! license will be directed to report to the Streets Division and will be used in snow fighting. A consultant will be retained to develop a mapping system to assist in scheduling snow removal operations. This system will also help in making any changes in our solid waste collection schedule. The following items have been discussed but have not yet been implemented The development of a labor pool. A potential labor pool would consist mainly of individuals holding the title of Laborer, Laborer 1, or Laborer II. These employees would be assigned where they were needed on a daily, weekly or seasonal basis. The Laborers could possibly be augmented with other individuals holding more generic titles. The need for a new consolidated maintenance facility has been discussed. The ideal facility would provide adequate space necessary to house the maintenance functions of the Buildings, Engineering, and Parks Divisions along with the entire fleet of Streets Division. The facility should also have enough space and equipment to do major repairs on all large vehicles and equipment used by all City departments. Ideally, sufficient land should exist immediately adjacent to this new facility to accommodate a new state of the art, environmentally sound solid waste refuse transfer station which would replace the current outdated East Side Transfer Station located on South Ogden St. I will continue to work closely with the departments deputies, and anyone else willing to provide constructive thoughts on future consolidation and operation of the new department. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 32 APPROVAL TO SUBMIT A SUPPLEMENT FOR PAYMENT OF A SUM EQUAL TO THE DIFFERENCE BETWEEN WAGES AND COMPENSATION BENEFITS - ROBERT FINLEY Mr. Robert Finley, Chief Pumping Plant Engineer (Permanent) in the Division of Water has been on disability from 2/6/00 to the present. Pursuant to the City Ordinance, Chapter 35, Article VI, Section 22, each employee is entitled to a difference in pay allowance and the provisions of the Worker's Compensation Law for a period not to exceed to 6 months. Therefore, Mr. Finley is entitled to a difference in pay. The normal salary for daysis $1,499.69. Less deductions for Federal Tax - $285.38; State Tax - $69.09 a, FICA/Med. $114.73 for a total deductions of $469.20. The payment from the Compensation Carrier is $800.00 bi-weekly making the difference due the employee of $230.49 bi-weekly. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated June 22, 2000 be received and filed; and Page 19 00-0711.txt That the Comptroller be, and he hereby is authorized to pay Robert Finley, Chief Pumping Plant Engineer in the Division of Water in the amount of $230.49 bi-weekly for difference in pay allowance under the provisions of the Workers' Compensation Law from 2/6/00 to the present for a period not to exceed six (6) months. PASSED AYES -12 NOES - 0 NO. 33 ERIE BASIN MARINA Attached please find the "Monthly Summary of Gross Revenues" reported from the Rhino Room, for the Hatch Restaurant, Gazebo and Tower, for the month of May 2000. This report is required as per Section 6, paragraph e (ii) of the City's lease agreement with the Rhino Room (Operator of the Hatch). REFERRED TO THE COMMITTEE ON TASK FORCE ON ERIE BASIN MARINA NO. 34 FIFTH CHANGE IN CONTRACT 91993500 SCHOOL #62 COMMUNITY CENTER PLUMBING WORK During the construction of the above project, certain items that were unforeseen at the time the bids were let required attention. Therefore, we recommend that the following changes be made to Contract 91993500 with MKS Plumbing Corporation: Additional sprinkler heads in west stairAdd $802.76 Contract Summary: Original Contract Amount$213,000.00 Change Order No. 1 Add15,003.94 Change Order No. 2 Add9f95l.ll Change Order No. 3 Add15,531.14 Change Order No. 4 Add3,762.11 Change Order No. 5 (This Increase)802.76 New Contract Amount$258,051.06 These costs have been reviewed and approved by Stievater and Associates, Project Architectural Consultants. Funds for this extra work available in Munis ORG 34641006. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to MKS Plumbing Company, as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated July 6, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 5, to MKS Plumbing Corporation, an increase in the amount of $802.76, as more fully described in the above communication, for work relating to School #62 Community Center, Contract 91993 500. Funds for this project are available in Munis ORG. 3 4641006. PASSED AYES -12 NOES - 0 NO. 35 PAVING OF SOUTH PARK AVENUE DORRANCE AVENUE TO MASON PARKWAY LACKAWANNA - BUFFALO CITY PLAN The City of Lackawanna is planning to mill and overlay Page 20 00-0711.txt South Park Avenue. The section between Dorrance Avenue and Mason Parkway is split ownership between Lackawanna and Buffalo with the City Line being the center of the street. In order to repave this entire length and width of South Park Avenue permission is requested from your Honorable Body to allow our Department to enter into a funding agreement with Lackawanna to pay the City of Buffalo share for this project. The estimated cost for the City share is $40,000. Fund are available in 1999-00 Infrastructure Account #34310506. All work will be inspected by our engineering staff and actual cost will be based on actual field quantities. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated July 6, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to enter into a funding agreement with Lackawanna to pay the City of Buffalo's share for the mill and overlay of South Park Avenue between Dorrance Avenue and Mason Parkway. Funds for this project are available in 1999-00 Infrastructure Account #34310506. PASSED AYES -12 NOES - 0 NO. 36 REMOVAL OF "FREE OF CHARGE" PARKING AT METERS FOR HOLDERS OF DISABLED/HANDICAPPED PERMIT-AMENDED 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 medial 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 permit issued in accordance with Section 1203-a, or bearing out-of-state or Canadian handicapped identification per 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 specifically designated disabled parking meter zones and in specifically designated disabled permissive parking zones, as designated and established by the Division of Traffic Engineering, without penalty. A person permitted as specified above utilizing a vehicle operated by hand controls or with a wheel chair lift may park Page 21 00-0711.txt such vehicle free of charge at any parking meter due to his or her limited manual dexterity and the inaccessibility of the parking meter. 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. * [ I material is to be deleted; underlined material is to be added. REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF COMMUNITY SERVICES AND THE CORPORATION COUNSEL NO. 37 S. SPERANDEO -REQUEST FOR ALTERNATE PARKING WEST AVENUE BETWEEN HUDSON AND CAROLINA STREETS ITEM #93, C.C.P. JUNE 13, 2000 The Department of Public Works, Parks and Streets was asked to respond to Item #932 of June 13, 2000. This item pertains to a request from Salvatore Sperandeo that Alternate Parking be installed on West Avenue between Hudson and Carolina Streets. Presently. West Avenue between Hudson and Carolina, measures 30' wide, contains 2-way traffic and only allows parking on the southwest side of the street. This department has no objection to installing Type I Alternate Parking on this portion of West Avenue. However, in order to accomplish this, this department requires a signed petition from the property owners on West Avenue from Hudson to Carolina. This petition must contain signatures from 75% of the property owners in this area favoring the parking change. Upon receipt of this petition this department will take further action. RECEIVED AND FILED NO. 38 1240 HERTEL AVENUE REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Ms. Susan Cordova, owner of Susie's Cafe, located at 1240 Hertel Avenue, has requested permission to install a sidewalk cafe which would encroach City right-of-way at said address. The proposed cafe would measure eight feet (8') in length and project six feet (6') from the building face into City right-of-way. The Department of Public Works has reviewed Ms. Cordova's application pursuant to Chapter 413-59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said sidewalk cafe provided the following conditions are met: 1.That the applicant obtain any and all other City of Buffalo permits necessary. 2.That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3.That the sidewalk cafe does not exceed eight feet (8) in length or extend more than six feet (6') from the building face. 4.That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public Page 22 00-0711.txt 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 $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 and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITEE ON LEGISLATION AND CITY PLANNING BOARD NO. 39 1410 MAIN STREET REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mr. Wendell Rivera, owner of LaConga Loca, located at 1410 Main Street, has requested permission to install a sidewalk cafe which would encroach City right-of-way at said address. The proposed cafe would measure eighteen feet (18') in length and project nine feet (9') from the building face into City right-of-way. The Department of Public Works has reviewed Mr. Rivera's application pursuant to Chapter 413-59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said sidewalk cafe provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2.That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3.That the sidewalk cafe does not exceed eighteen (18') feet in length or extend more than nine feet (9') from the building face. 4.That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5.That the sidewalk cafe be completely removed from City right-of-way from November 15 to April I each year. 6.That the applicant be assessed the annual fee of $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 and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 40 229 ALLEN STREET REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Ms. Kim Rossi, owner of Mulligun's Brick Bar, located at Page 23 00-0711.txt 229 Allen Street, has requested permission to install a sidewalk cafe which would encroach City right-of-way at said address. The proposed cafe would measure thirty feet (30') in length and project six feet (6') from the building face into City right-of-way. The Department of Public Works has reviewed Ms. Rossi's application pursuant to Chapter 413-59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said sidewalk cafe provided the following conditions are met: 1.That the applicant obtain 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 thirty (30') in length or extend more than six (6') from the building face. 4.That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5.That the sidewalk cafe be completely removed from City right-of-way from November 15 to April I each year. 6.That the applicant be assessed the annual fee of $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 tile applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD NO. 41 1116 ELMWOOD AVENUE REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mr. Deep Singh, owner of India Gate Restaurant, located at 1116 Elmwood Avenue, has requested permission to install a sidewalk cafe which would encroach City right-of-way at said address. The proposed cafe would measure twenty-eight feet (28') in length and project seven and one half feet (7.5') from the cast property line into City right-of-way. The Department of Public Works has reviewed Mr. Singh's application pursuant to Chapter 413-59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said sidewalk cafe provided the following conditions are met: 1.That the applicant obtain any and all other City of Buffalo permits necessary. 2.That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3.That the sidewalk cafe does not exceed twenty-eight feet (28') in length or extend more than seven and one half feet (7.5') from the east property line. 4.That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public Page 24 00-0711.txt 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 $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 and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD FROM:DEPARTMENT: Public Works, Parks and Streets NO. 42 BAILEY AVENUE A.M.E. ZION CHURCH REQUEST REMOVAL OF 2 PARKING METERS ITEM #75, C.C.P. MAY 2, 2000 The Department of Public Works, Parks and Streets was asked to respond to Item #75 of May 2, 2000. This item was submitted on behalf of the Bailey Avenue A.M.E. Zion Church and requested that the two (2) parking meters, located in front of the church, be removed. This department has reviewed this request and has no objection to the removal of these meters. However, two issues need to be resolved as follows: 1) The Division of Parking Enforcement should also concur with the removal of these meters-, and 2) The meter removal will essentially provide two (2) unrestricted parking spaces in front of the church. This situation will allow anyone to park in this area; it does not restrict the space to "church parishioners" only. Therefore. removal of the meters may actually do more harm than good when providing for access to the church. Should the church still consider this a viable option, and the Division of Parking Enforcement concur with this request. then this department will take further action. REFERRED TO THE COMMITTEE ON LEGISLATION PRIOR COUNCIL REFERENCE (IF ANY) NO. 43 RESPONSE TO REGARDING THE PROLIFERATION OF RATS With respect to Council Member Betty Jean Grant's resolution regarding the proliferation of rats, the Department of Public Works has taken the necessary steps to respond to this issue. While the rodent problem will never completely be removed, it is our intent to bring this problem under control. There have been two important steps taken to bring the rodent problem under control. The first initiative has been implementing the tipper and tote program. In those areas that have been implemented, there has been a significant reduction in the number of complaints received by the rodent control office. During the pilot phase of this program, we found that there was an 80% reduction in the number of complaints received by our Department. We will continue to monitor the effect of this program on the rodent problem as we begin to implement the new system City wide. The second step taken was to increase the number of rodent control officers from two to eight people. This will give us a Page 25 00-0711.txt greater opportunity to bait those areas that have rodent problems, as well as to respond to complaints in a more efficient manner. Baiting will also be coordinated with the implementation of the tote program. Before totes are delivered to an area of the City, that area will be baited. Combining these two efforts will allow us a better chance to reduce the rodents in that area. If you have a specific area within your district that appears to have a particular problem, please notify me so that we can arrange to have that area baited. If you should have any further questions or concerns, please contact me at 851-5955. Thank you for your attention to this matter. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 44 REVERSE TRAFFIC DIRECTION ON PORTIONS OF BIRD AND CLAREMONT AVENUES ITEM #236, C.C.P. MAV 30, 2000 The Department of Public Works, Parks and Streets was asked to respond to Item #236 of May 30, 2000. This item pertains to the reversal of traffic direction on portions of Bird and Claremont Avenues. Specifically, this department has been requested to reverse the direction of traffic on Bird Avenue between Richmond and Elmwood Avenues and on Claremont Avenue between Potomac and Forest Avenues. At present. this department is in receipt of two (2) petitions. One petition favors the above traffic changes and the other direction opposes these changes. In several instances, individuals have signed both petitions and neither petition contains 75% or more of the property owners names in the affected areas. Leaders of the Block Club requesting the changes have been working closely with the Traffic Engineering office to resolve these issues. However, until these issues are mitigated, this department can not take any further action. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 45 ROSWELL PARK-. TEMPORARY CONVERSION OF CARLTON STREET BETWEEN ELM STREET AND ELLICOTT STREET FROM TWO-WAY TRAFFIC TO ONE-WAY TRAFFIC (EASTBOUND) Mr. William K. Clark. Director of Facilities Planning for Roswell Park Cancer Institute, in conjunction with the New York State Dormitory Authority, has requested permission to temporarily convert a portion of Carlton Street from two-way to one-way eastbound traffic. Specifically, Carlton Street would be converted from two-way traffic to one-way eastbound traffic between Elm Street to Ellicott Street for a period from August 2000 to December 2000. The remaining portion of Carlton Street will remain two-way traffic. The temporary one-way conversion is part of the ongoing modernization project and is necessary in order to provide pedestrian and vehicular safety during the demolition process of old hospital buildings. This conversion will allow access to the facility and will be renewed in December 2000. The Department of Public Works, Parks and Streets has reviewed the detour and maintenance and protection of traffic plan, designed by C&S Engineers. for this conversion. Page 26 00-0711.txt This department has no objection to the above mentioned one-way conversion provided the following conditions are met: 1) That the applicant obtain any and all other City of Buffalo permits necessary for said street conversion. 2) That the applicant install all signage and maintain traffic in accordance with the approved plan designed by C&S Engineers, Inc. 3) That the applicant restore all affected areas to original condition upon completion of the project. 4)That the applicant supply a certificate of insurance, which is approved as to sufficiency by the Corporation Counsel and which indemnifies the City against any and all damage or loss caused by said street conversion. Mrs. LoTempio Moved: That the above communication from the Department of Public Works dated July 5, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to grant permission to temporarily convert a portion of Carlton Street from two-way to one-way eastbound traffic to Mr. William K. Clark, Director of Facilities Planning for Roswell Park Center Institute, in conjunction with the New York State Dormitory Authority, subject to the conditions as listed above. PASSED AYES -12 NOES - 0 NO. 46 APPT DIRECTOR OF STREET CLEANING AND SNOW REMOVAL-EXEMPT Appointment Effective July 1, 2000 in the Department of Public works, Parks and Streets, Division of Streets to the Position of Director of street Cleaning & Snow Removal at the Flat Starting Salary of: $ 47,983 Nicholas Tomasulo, 25 Hodge Ave, Buffalo, NY 14222 RECEIVED AND FILED NO. 47 APPT DEPUTY DIRECTOR OF STREETS Appointment Effective July 1, 2000 in the Department of Public works, Parks and Streets, Division of Streets to the Position of Deputy Director of Streets Exempt at the Flat Starting Salary of: $69,801 Paul SuLLivan, 139 Downing St, Buffalo, NY 14220 RECEIVED AND FILED NO. 48 APPT DEPUTY COMMISSIONER FOR PARKS & RECREATION Appointment Effective July 1, 2000 in the Department of Public Works, Parks & Streets, Division of Parks to the Position of Deputy Commissioner For Parks & Recreation Exempt Appointment at the Starting Salary of: $ 69,801 Daniel Durawa, 184 Wellington Road, Buffalo NY 14216 RECEIVED AND FILED NO. 49 APPT DIRECTOR OF TELECOMMUNICATIONS Appointment Effective July 1, 2000 in the Department of Public Works, Parks & Streets, Division of Telecommunications to the Position of Director of Page 27 00-0711.txt Telecommunications, Utilities & Franchises Exempt at the Starting Salary of: $ 46,437 Thomas M. Tarapacki, 40 Covington, Buffalo, NY 14216 RECEIVED AND FILED NO. 50 APPT ASSISTANT DEPUTY COMMISSIONER OF PARKS- EXEMPT Appointment Effective July 1, 2300 in the Department of Public Works, Parks & Streets, Division of Parks to the Position of Assistant Deputy Commissioner of parks at the Flat Starting Salary of: $ 63,70B James Nowicki, 47 Windsor Avenue, Buffalo NY 14209 RECEIVED AND FILED NO. 51 APPT LABORER II, PERMANENT MAX Appointment Effective July 1,2000 in the Department of Public Works, Parks $ Streets, Division of Parks to the Position of Laborer II Permanent Non competitive at the Maximum Starting Salary of $25,676.00 Barbara Lewis, 19 Benwood,Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 52 APPT PARK UTILITY WORKER PERM INTER Appointment Effective July 10,2000 in the Department of Public Works, Parks & Streets, Division of Parks to the Position of Park Utility Worker Permanent Appointment at the Intermediate Starting Salary of $ 28,437.00 Gaetano Agro, 540 Tacoma, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION NO. 53 APPT LABORER IIPERM MAX Appointment Effective June 20, 2000 in the Department of Human Services to the Position of Laborer II Permanent, Non Competitive at the Maximum Starting Salary of $25,676/yr Willie Simmons, 81 Waverly, Nbuffalo, NY 14208 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 54 DRUG ASSET FORFEITURE CHECKS RECEIVED MEMO. 104, C.C.P. 2/2/88 8155-00111926C2-00-0051$ 609.14 8155-00111915C2-99-0019 594.14 8155-00111966245D-BF-34415 544.25 8152-00087205C2-00-0054 884.30 8152-00087212C2-00-0060 1,070.03 8152-00087211C2-00-0062 577.25 TOTAL DEPOSIT$ 4,279.11 Page 28 00-0711.txt The above referenced property has been administratively forfeited by the Drug Enforcement Administration. (DEA). The checks were received by this Department and duly deposited in the Trust & Agency Account, #20010000- 389001. These funds will be placed into one or more of the following accounts as deemed by the Commissioner of Police: Educational Training/Seminar Confidential Funds Materials and Supplies Firearms and Weapons Communications and Computers Electrical Surveillance Purchase of Services Improvements Vehicles Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector John Brill at 85 1-4514. RECEIVED AND FILED NO. 55 C. HORNE - ISSUES - POLICE DEPARTMENT #86CCP JUNE 27, 2000) The Council's inquiry concerns an internal personnel matter that is currently the subject of a grievance brought by Ms. Horne against this Department. A Step 3 Hearing was held on June 29, 2000 and a decision is pending. In light of the pending grievance and potential future legal proceedings, counsel has asked the Department not to make any further statements concerning the grievant or the subject matter of the grievance. By:Susan Wheatley Legal Advisor - Corporation Council REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 56 ("CONCERNS -NEWBURGH STREET") (#98CCPMAY3O,2000) The Narcotics Unit, along with E-District's Gang Suppression Unit are intimately aware of the criminal activity occurring in the Newburgh Street area. E-District personnel working with the FBI through the Career Criminal Task Force, have increased the police presence area, and have made numerous arrests. In addition, a large amount of "criminal intelligence" has been gathered on known gang affiliations, and covert operations have been instituted. I believe the members of the Department are putting forth a strong effort in ridding Newburgh Street of many of its drug problems. As always, we will continue in this effort. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION NO. 57 APPT POLICE CHIEF EXEMPT Appointment Effective: July 1, 2000 in the Department of: Police to the Position of Chief Exempt Non-Competitive at the Flat Starting Salary of $ 78,416 Edward C. Hempling, 5682 Scherff Rd, Orchard Park, NY 14127 Page 29 00-0711.txt REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 58 APPT POLICE DETECTIVE PERM "-**STATUS CHANGE ONLY*** Appointment Effective: July 1, 2000 in the Department of: Police to the Position of Detective, Perm Appt at the flat starting salary of $50,635 Thomas J. O'Brien,4080 Loring Avenue, Blasdell, N.Y. 14219 Rose E. Hunter, 464 Delta Road, Amherst, N.Y. 14226 Darlene C. Coplin, 268 Garden Parkway, Williamsville, N.Y. 14221 Marvin V. Sanford, 80 Cedar Rd., Cktg, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 59 APPT POLICE DETECTIVE CONT PERM Appointment Effective: July 1, 2000 in the Department of: Police to the Position of: Detective Contingent Permanent Appointment at the: Flat Starting Salary of: $ 50,635 Michael T. O'Brien, 1309 Crescent Drive, Derby, N.Y. 14047 Salvatore A. Valvo,77 Bloomfield, Buffalo, N.Y. 14220 Joseph J. Martin, 59 Ramsdell Avenue. Buffalo, N.Y. 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 60 APPT POLICE LIEUTENANT-CONT PERM Appointment Effective: July 1, 2000 in the Department of: Police to the Position of Police Lieutenant Contingent Permanent Appointment at the Flat Starting Salary of: $ 56,560 Patrick A. Roberts,113 Argonne, Kenmore, N.Y. 14217 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 61 REVIEW NOMINEE(S) FOR APPOINTMENT-COMMISSIONER OF PUBLIC WORKS, PARKS, AND STREETS;COMMISSIONER OF COMMUNITYSERVICE; COMMISSIONER OF PERMIT AND INSPECTION SERVICES C.C.P., 06/27/00, NO. I The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of June 30, 2000) that the following appointees have no outstanding debts to the City: Joseph N. Giambra, Commissioner of Public Works, Parks, and Streets Donald 0. Allen, Commissioner of Community Service Raymond K. McGurn, Commissioner of Permit and Inspection Services RECEIVED AND FILED NO. 62 REVIEW OF NOMINEE FOR REAPPOINTMENT-MEMBER MUNICIPAL CIVIL SERVICE COMMISSION C.C.P., 06/27/00, NO. 3 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of Page 30 00-0711.txt June 30, 2000) that the following appointee to the Municipal Civil Service Commission has no outstanding debts to the City: Edward J. Mahoney RECEIVED AND FILED NO. 63 REVIEW OF NOMINEE FOR APPOINTMENT-COMMISSION ON CITIZENS RIGHTS AND COMMUNITY RELATIONS C.C.P., 06/27/00, NO. 4 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of June 30, 2000) that the following appointees to the Commission on Citizens Rights and Community Relations have no outstanding debts to the City: Thomas Higgins Lana Benatovich Leeland N. Jones, Jr. Rev. Dr. Robert J. Perelli, CJM Joseph S. Dejames Maldonado, M.D. Jack C. Anthony Peter A. Weinmann LaVonne Ansari RECEIVED AND FILED NO. 64 BUFFALO POLICE DEPARTMENT CIVIL SERVICE EXAMINATION ITEM NO. 173, C.C.P., 6/27/00 You requested a response from the Law Department regarding the Buffalo Police Officer examination conducted by the Municipal Civil Service Commission. We hereby offer the following answers to Councilmember Coppola's questions: A)SHL Landy Jacobs designed the Buffalo Police Department police officer examination, under the scrutiny of the United States Division of Justice, Civil Rights Division and with the input of the Municipal Civil Service Commission and the Corporation Counsel's Office. The selection of test development experts SHL Landy Jacobs was made pursuant to an order of the U.S. District Court for the Western District of New York. The members of SHL Landy Jacobs' staff principally assisting with the development of the Buffalo Police Department examination were Dr. Rick Jacobs and Joseph A. Hinish. A full recitation of the qualifications, accomplishments and honors of SHL Landy Jacobs' staff, and specifically Dr. Jacobs and Mr. Hinish, is attached hereto. SHL Landy Jacobs employs four (4) additional Ph.D.'s in Industrial/Organizational Psychology; I D.Ed in Counselor Education; I Ph.D in Training; and 6 other M.A./M.S.'s in Industrial/Organizational Psychology. By virtue of the educational background and experience of its staff, SHL Landy Jacobs's staff is recognized as experts in the field of public safety testing. A copy of the public safety projects on which SHL Landy Jacobs worked is attached hereto. B)The police officer examination consisted of four (4) separate tests: a Multiple Choice test, a Life Experience Survey, a Work Styles Questionnaire and an oral examination section. The respective weights assigned to those separate test sections has not yet been disclosed to Page 31 00-0711.txt the candidates. Upon the candidate's computational review, the weights assigned to the aforementioned tests will be revealed. The methods used to determine the weight of the component parts of the total examination were based on an analysis of the job duties performed by Buffalo Police Officers. In addition, the test was designed to identify candidates who could successfully perform the job of a police officer, in Buffalo, New York, and to encourage a diverse candidate pool in accordance with the rulings of the Honorable John T. Curtin in the case of United States of America v. City o Buffalo. C)SHL Landy Jacobs' qualifications are included on the attached brochures. As for the qualifications of oral examination raters, SHL Landy Jacobs utilized retired police officers and retired teachers to rate the response to the oral examination questions. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 65 CONTRACT #92010152 - CHANGE ORDER #1 EDDIE DAWSON PARK SHELTER HOUSE SIR CONTRACTING & SERVICE CO., INC. CONTRACTOR I hereby submit to Your Honorable Body the following changes for the above referenced construction contract at Eddie Dawson Park. I request the items listed below be deleted and or added to the above referenced contract in the form of Change Order #1. Therefore, due to unforeseen contingencies, we recommend and request Change Order #1 be approved to SLR Contracting & Service Co., Inc. and their contract #92010152 be amended to reflect these changes. ItemDescription Amount #1Add: 3 hours @ $65 per hour of excavation for DEC inspection and soil testing. $ 195.00 #2Add: Collection and analysis of soil samples due to the odor of petroleum during excavation. Results were negative and clearance provided by DEC in writing. $ 517. 50 #3Add: Excavation and removal of 42.67 additional cubic yards ($98.65 per cu.yd.) of unsuitable material. $4,205.55 CHANGE ORDER: $4,918.05 Contract Sum Prior to this Change Order: $ 144,490.00 Change Order #1: 4,918.05 Revised Contract Amount: $ 149,408.05 These additional costs and credits have been reviewed by this Division and the consulting Architect at Stearns & Wheler, LLC., and are found to be fair. I request that Your Honorable Body authorize the Commissioner of Community Development to issue change order #1 to the contractor on the basis'of the above. Funds for the work of this change order will be made available in the MUNIS ORG. Account #30331906 for this project. Mrs. LoTempio moved: Page 32 00-0711.txt That the above communication from the Commissioner of Community Development dated June 26, 2000, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to issue change order No. 1, to SLR Contracting & Service Co., Inc., an increase in the amount of $4,918.05, as more fully described in the above communication, for work relating to Eddie Dawson Park. Funds for this project are available in MUNIS ORG. Account #30331096. PASSED AYES -12 NOES - 0 NO. 66 CONTRACT #92010183 - CHANGE ORDER #1 RIVERSIDE PARK - CONCESSION BUILDING GOODWIN ELECTRIC CORP. - ELECTRICAL CONTRACTOR I hereby submit to Your Honorable Body the following changes for the above referenced construction contract at the Riverside Park Concession Building. I request the items listed below be deleted and or added to the above referenced contract in the form of Change Order #1. Therefore, due to unforeseen contingencies, we recommend and request Change Order #1 be approved to Goodwin Electric Corp. and their contract #92010183 be amended to reflect these changes. DescriptionAmount #1 Add: Two type "D" emergency light fixtures.$ . 315.00 #2 Add: Grounding of the exterior metal panels.$1,253.00 #3 Add: Four flange kits for the recessed lights in the men's & women's bathroom. $205.00 #4 Add: Two flange kits for the recessed wall heaters in the men's & women's bathroom. $ 244 .00 TOTAL CHANGE ORDER: $2,017.00 Contract Sum Prior to this Change Order: $15,392.00 Change Order #1: 2,017.00 Revised Contract Amount:$ 17,409.00 These additional costs and credits have been reviewed by this Division and the consulting Landscape Architect at WENDEL and are found to be fair. I request that Your Honorable Body authorize the Commissioner of Community Development to issue change order #1 to the contractor on the basis of the above. Funds for the work of this change order will be made available in the MUNIS ORG. Account #30339506 for this project. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated June 29, 2000, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to issue change order No. 1, to Goodwin Electric Corp., an increase in the amount of $2,017.00, as more fully described in the above communication, for work relating to Riverside Park Concession Building. Funds for this project are available in MUNIS ORG. Account #30339506. PASSED Page 33 00-0711.txt AYES -12 NOES - 0 NO. 67 CONTRACT #92010226 - CHANGE ORDER #1 STACHOWSKI PARK - PHASE 1 WEYDMAN ELECTRIC INC. - ELECTRICAL CONTRACTOR I hereby submit to Your Honorable Body the following changes for the above referenced construction contract at Stachowski Park. I request the items listed below be deleted and or added to the above referenced contract in the form of Change Order #1. Therefore, due to unforeseen contingencies, we recommend and request Change Order #1 be approved to Weydman Electric Inc. and their contract #92010226 be amended to reflect these changes. ItemDescriptionAmount #1Add: Provide underground service upgrade from the power pole to the Park's Building. Labor: 231.31hrs. @ $41.39 per hour$ 9,573.92 Material $14,396.88 Overhead @ 10%$ 2,397.08 Profit @ 5%$ 1,318.39 Increase to Bond @ 2%$553.73 Credit$(5,000.00) TOTAL CHANGE ORDER: $23,240.00 Contract Sum Prior to this Change Order:$ 80,100.00 Change Order #1:$ 23,240.00 Revised Contract Amount: $103,340.00 These additional costs and credits have been reviewed by this Division and the consulting Landscape Architect at URS Greiner Woodward Clyde and are found to be fair. I request that Your Honorable Body authorize the Commissioner *of Community Development to issue change order #1 to the contractor on the basis of the above. Funds for the work of this change order will be made available in the MUNIS ORG. Account #35640206 for this project. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated June 26, 2000, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to issue change order No. 1, to Weydman Electric Inc., an increase in the amount of $23,240.00, as more fully described in the above communication, for work relating to Stachowski Park. Funds for this project are available in MUNIS ORG. Account #35640206. PASSED AYES -12 NOES - 0 NO. 68 ORDNANCE AMENDMENT, CHAPTER 103 CONST.DEMO, FIRE PREVENTION In response to the above stated Common Council Communication I would like to supply your Honorable Body Page 34 00-0711.txt with the following information. We in the Department of Community Development are in support of any and all legislation that enhances our ordinance and ultimately increases the safety factors of any electrical installation. We are in support of this ordinance as written with the exception of section 103-26.1, 13. which shall read "Fire alarm systems shall be installed by licensed Master Electricians.". If any questions need to be answered, please feel free to contact the Chief Electrical Inspector of the City of Buffalo for further information. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 69 MORATORIUM ON LODGING HOUSES In response to the above stated Common Council communication I would like to supply your Honorable Body with the following information. As the Common Council review and revises the current ordinance Section Number 269 which deals with Lodging Houses, we will honor your moratorium for new and converted Lodging Houses. Lodging houses that have their current use, zoning and license will not be affected by this moratorium. If assistance is required please feel free to contact the Director of Inspections, Licenses and Permits. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 70 PERMISSION TO TRANSFER 110-112 ELMWOOD AVENUE FROM BURA TO THE CITY Permision is hereby requested to transfer the property known as 110- 112 Elmwood Avenue from the City of Buffalo Urban Renewal Agency to the City of Buffalo. The property consists of a three story building approximately 52' deep by 30' wide and a parking lot. A major component of the Theatre of Youth Company, Inc. (TOY), using the Allendale Theater as their home has been using this property as dressing space for stage productions. BURA acquired the property with Block Grant funds and the City will be utilizing Bond funds to complete the renovations to the building. TOY has entered into a lease with the City on this property. We are therefore requesting permission to transfer this property from BURA to the City. Mrs. LoTempio moved: That the above communication from the Department of Community Development dated June 29, 2000, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to accept the transfer of 110-112 Elmwood Avenue from the Buffalo Urban Renewal Agency to the City of Buffalo. PASSED AYES -12 NOES - 0 FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 71 C HOME-ISSUES-POLICE DEPT. (#86 CCP JUNE 27, 2000) The Law Department advises that Cariol Home has submitted a grievance regarding her termination from the Page 35 00-0711.txt Buffalo Police Department. Please be advised that Ms. Home's grievance is ongoing and will be presented to an arbitrator for binding arbitration regarding the issues presented by Ms. Home. The Civil Service Commission cannot, be law or its rules, offer any of the relief requested by Ms. Home. She will, instead, have to exhaust her administrative remedies within the department and/or seek judicial review upon the completion of the administrative process. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 72 AMENDED APPOINTMENT DATE APPT. ASSOCIATE ACCOUNT CLERK PROV MAX Appointment Effective: 6/23/00 in the Department of Administration & Finance, Division of Treasury to the Position of Associate Account Clerk Provisional Appointment at the Maximum Starting Salary of $31.323.08 Darlene Lapinski, 51 Wood Ave., Buffalo, NY 14211 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 73 APPOINTMENT - SHANNON PETRUCCI DIRECTOR OF COLLECTIONS Effective July 1, 2000, 1 hereby appoint Shannon Petrucci to the position of Director of Collections in the Department of Administration & Finance. Mrs. Petrucci resides at 89 Red Jacket Parkway, Buffalo and her salary will be $46,437. RECEIVED AND FILED NO. 74 APPOINTMENT - RONALD CARNEVALE DEPUTY DIRECTOR OF PURCHASE FOR INVENTORY & STORES Effective July 1, 2000, 1 hereby appoint Ronald Carnevale to the position of Deputy Director of Purchase for Inventory & Stores in the Department of Administration & Finance. Mr. Carnevale resides at 139 Villa Avenue, Buffalo and his salary will be $46,437. RECEIVED AND FILED AMENDED APPOINTMENT DATE NO. 75 APPT HEAD TELLER, TEMPORARY INTER Appointment Effective: June 26, 2000, in the Department of Administration & Finance, Division of Treasury to the Position of Head Teller, Temporary Appointment at the Intermediate Starting Salary of $30,596.36 Carmen LoVullo,444 Vorhees Avenue,Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 76 APPT HEARING EXAMINER, SEASONAL NC Appointment Effective: July 10, 2000 in the Department of Administration and Finance, Division of Parking Enforcement to the Position of Hearing Examiner Seasonal Non-Competitive at the Flat Starting Salary of: $110/day Thomas J. Navarro, Jr., 147 Marine Drive Apt. 12D, Buffalo 14202 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 77 APPOINTMENT Page 36 00-0711.txt SECRETARY TO COMMISSIONER OF ADMINISTRATION AND FINANCE I hereby appoint Ms. Nancy J. Smith to the position of Secretary to the Commissioner of Administration and Finance effective July 1, 2000. Ms. Smith resides at 77 Portland, Buffalo NY 14220, and her salary in the position will be $27,734. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF COMMUNITY SERVICES NO. 78 WORKFORCE EMPLOYMENT AND TRAINING APPOINTMENT DIRECTOR OF WORKFORCE EMPLOYMENT & TRAIR I hereby appoint Ms. Colleen Cummings to the position of Director of Workforce Employment & Training effective June 30, 2000. Ms. Cummings resides at 178 Lancaster Avenue, Buffalo, New York14222, an her salary in the position will be $56,639.00. RECEIVED AND FILED NO. 79 APPOINTMENT C: DIRECTOR OF YOUTH COURT I hereby appoint Mr. Lamont Burley to the position of Director of the Division of youth Court effective June 30, 2000. Mr. Burley resides at 30 East Morris Ave.-, Apartment 31, Buffalo, New York 14214, and his salary will be $53,141. RECEIVED AND FILED FROM THE BUFFALO SEWER AUTHORITY NO. 80 DEBRIS AT HOYT LAKE ITEM # 172, CCP - JUNE 27,2000 ITEM # 172, CCP - JULIE 27,2000 In order to respond to your request for information regarding this Item, it is necessary for me to provide your Honorable Body with some background information on Buffalo's Combined Sewer System. In addition, I am providing you with information relating to improvements to the system made over the past twenty (20) years. Each is described in more detail as follows: 1.) Buffalo's Combined Sewer System There are approximately 850 miles of sewers within the City of Buffalo, of which approximately 790 miles are combined sewers. Combined sewers are sewers designed to convey both wastewater and storm water runoff within a single pipe to a wastewater treatment plant for treatment. Combined sewers have limited capacities and during severe rainfall events, potential for a mixture of rain water and diluted combined sewage overflowing into receiving bodies of water is possible. These events, known as combined sewer overflows (CSO's) are legally permitted discharges that protect our sewer system from surcharging, flooding our streets and basement flooding. Within the Scajaquada Creek watershed in the City of Buffalo, there are six (6) permitted CSO's located at the following sites: 1 . Outlet of the Scajaquada Drain 2. Nottingham Terrace Page 37 00-0711.txt 3. Tonawanda Street 4. West Avenue 5. Dewitt Street 6. Elmwood Avenue 2.) System Improvements Since 1975, the Buffalo Sewer Authority and the City of Buffalo have expended approximately $50 million in improvements geared to reduce the discharge of raw sewage into Hoyt Lake. Improvements included the construction of the Scajaquada Tunnel Interceptor. This interceptor conveys up to six (6) times the dry weather flow from a 5,000-acre service area within the City directly to the Niagara Street interceptor sewer for treatment at the Bird Island Treatment Plant. Construction of the interceptor also eliminated the conveyance and treatment of natural runoff from the Scajaquada Creek watershed in the upstream reaches of Lancaster, Depew, and Cheektowaga. Therefore, a greater ability for conveyance of wastewater to the treatment plant was provided. Following construction of the interceptor sewer, the City of Buffalo constructed a bypass along the south shore of Hoyt Lake to allow for the conveyance of Scajaquada Creek water to its downstream reaches. Through construction of the bypass, Hoyt Lake became essentially an isolated water body. Before these systems improvements were completed, the likelihood of having combined sewage entering into Hoyt Lake was approximately 6-8 times per year. Since the improvements, the likelihood of this occurring is approximately once per year. During wet weather events, runoff and associated debris from the Scajaquada Creek watershed is conveyed downstream through the City of Buffalo. In order to prevent the debris from damaging the bypass around Hoyt Lake, a trash rack was constructed. Maintenance of the trash rack is solely the responsibility of the Public Works Department. Finally, construction of the Delaware Park Lake improvements, which were completed in the 1980's, recommended that the lake be periodically drained and cleaned as part of the overall maintenance of the facility. Perhaps the Public Works Department may wish to initiate this maintenance activity. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 81 ITEM #96, C.C.P. JUNE 27, 2000 "L. RUBIN-ERIE CO./SOUTHTOWNS In response to the above referenced Item: In addition to Erie County's feasibility study, the Buffalo Sewer Authority is also evaluating the Southtowns Connection. The Buffalo Sewer Authority is currently constructing a SWMM Model - a Storm Water Management Model. This will enable us to evaluate additional flows as well as meeting permit requirements with the D.E.C. and E.P.A. REFERRED TO THE COMMITTEE ON FINANCE FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 82 APPROVAL OF AMENDED SALARY SCHEDULE FOR EMPLOYEES REPRESENTED BY LOCAL 17S, Page 38 00-0711.txt INTERNATIONAL UNION OF OPERATING ENGINEERS EFFECTIVE JULY 1, 2000 We respectfully request that your Honorable Body consider and approve the attached amended salary schedule for BMHA employees represented by Local 17S, International Union of Operating Engineers effective July 1, 2000. This amendment reflects a $1500 increase in the base annual salary in addition to the 3% previously approved effective July 1, 2000. This wage adjustment was agreed to during impact negotiations between the parties regarding the privatization of Lakeview Homes. The Union agreed not to organize any action or not to encourage any action that would be detrimental to the Lakeview Redevelopment Plan. The Board of Commissioners of the Authority approved the amended salary schedule at a regular board meeting on June 22, 2000. A certified extract of the minutes of the meeting is attached. The New York State Division of Housing & Community Renewal requires that your approval includes a specific acknowledgment that the operating costs of the Authority's State sponsored Public Housing Program may incur increases that the City of Buffalo under the loan and subsidy contract must fund in addition to any deficit the Authority may incur in its State sponsored operation. It is anticipated that the net dollar cost of the amended salary schedule for approximately 30 employees would total approximately $45,000 of which approximately $7,755 would be funded by the State Program. Thank you for your consideration in this matter. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 83 $13,332,000 SECTION 108 LOAN FOR THE WEBSTER BLOCK[WATERFRONT URBAN ENTERTAINMENT CENTER AND INTERMODAL TRANSPORTATION CENTER PROJECT. Permission is requested of your Honorable Body to utilize a $13,332,000.00 Community Development Block Grant Section 108 Guaranteed Loan for the following activity. A $13,332,000.00 loan, for a 20 year term, for the Webster Block/Waterfront Urban Entertainment Center and Intermodal Transportation Center Project in conjunction with a $2,000,000.00 Economic Development Initiative Grant (EDI); The purpose of the financing is to fund a portion of the public share of the Inner Harbor Project development, specifically the redevelopment of the Memorial Auditorium into an Urban Entertainment Center and an Intermodal Transportation Center. The project will potentially create and retain 1,887 office and retail job opportunities, and will generate significant new City and County real property taxes. The Project will be required to comply with Davis-Bacon (i.e. prevailing wages) and Section 3 Legislation (e.g. local hiring requirements). The term shall be for a 20-year period, requiring level amortization payments of principal and interest. The source of repayment of the Section 108 loan will be "Tax Increment Page 39 00-0711.txt Financing" (sales taxes generated by the Entertainment Center will be pledged to pay the Section 108 loan). REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY CLERK NO. 84 BOARD OF ETHICS IND NO LONGER ON BOARDS Buffalo Common Council: Attached please find a list of those individuals who are no longer serving on specified Boards. This information was provided to the Board of Ethics by Peter Savage, Mayor's Office. Board of Ethics Members: Enclosed please find a list of those individuals who are no longer members of specified Boards. This information was provided to the Board of Ethics from Peter Savage, Mayor's Office. Environmental Management Earl Robinson Home Improvement Advisory BdL James Mascato Buffalo Preservation Bd. Sandra Gutlowski Christopher Guerra Buffalo Economic Development Zone Charles 1. Mitshow RECEIVED AND FILED NO. 85 RECORDS MANAGEMENT GRANT ACCEPTANCE AWARD $100,803.00 Honorable Common Council: I am pleased to announce that the City Clerk's Office through its Records Management Division, has again been successful in receiving a highway competitive grant award from the State Archives and Records Administration (SARA) in the amount of $100,803.00. This is 100% of the amount we applied for; which was also the maximum amount awarded through SARA. The grant funds will allow Records Management to continue to microfilm & digitize City of Buffalo Site Maps & Plans for the Department of Community Development, Division of Permits. The total cost of the project is estimated to exceed $250,000.00 and has a 3-year time frame for completion. With the awarding of the grant, along with prior grant funding, Records Management has been awarded $158,000.00 towards this project to date. There is an estimated 250,000+ site plans associated with the project. Upon completion of this project the department will no longer have to rely on the rolled maps and various bin locations currently used to house the hard copies. This will also change the time it takes to retrieve the site plans from approximately one days notice to same day service. The site plans date from the late 1800's to present. On behalf of the City Clerk's Office, Records Management Division we thank you for your continued support of Records Management. Respectfully yours, RECEIVED AND FILED NO. 86 APPT LABORER II, MAX Page 40 00-0711.txt Appointment Effective July 1, 2000 in the Department of City Clerk to the Position of Laborer II, Permanent Promotion at the maximum Starting Salary of $12.25 per hr. Russell C. Payne, 208 Commonwealth, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 87 MAYOR REPORTED OUT OF STATE I transmit herewith communications received by me from the Mayor, reporting his absence from the state from 10:55 P.M. Sunday June 25, 2000 until 5:50 p.m. on Monday, July 3, 2000. RECEIVED AND FILED. NO. 88 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 817 East DelavanYCR Delville Social Club Zeid Aleem 376 Grant StAshley's Bar & Rest.Ricardo Rivera 1464 Hertel AveColcomwell IncColcomwell Inc. 1345 South Park AveOld Triangle InnOld Triangle Inn RECEIVED AND FILED NO. 89 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: X-Police-Deborah Daniel, Elizabeth Mann, Carol Williams-, James Milroy, Maureen Oakley, William Crawford X Fire- Jill Parisi X Community Development-Raymond McGurn x Human Services, Parks/Recreation- Peter Pasnik RECEIVED AND FILED. NO. 90 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: X City Planning Board RECEIVED AND FILED. NO. 91 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: X Buffalo Sewer Authority RECEIVED AND FILED. NO. 92 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mrs. LoTempio moved the approval of the appointments to Page 41 00-0711.txt the position of Council Intern. ADOPTED. Appointment Effective: June 30, 2000 in the Department of COMMON COUNCIL Division of to the Position of INTERN I, SEASONAL NON -COMPETITIVE at the flat starting salary of $7.00/hr Regina James, 102 Martha Ave., Buffalo, NY 14215 Michael Olabode, 70 Martha Ave., Buffalo, NY 14215 Alexis Richardson, 64 Alma St., Buffalo, NY 14215 Lakeshia Davis, 155 Parkridge Ave., Buffalo, NY 14215 Phenelle Harris, 69 Poultney St., Buffalo, NY 14215 London Jackson, 727 Woodlawn Ave., Buffalo, NY 14211 Markeeta McBurrows, 317 LaSalle Ave., Buffalo, NY 14215 Jerrod Webb, 116 Sterling Ave., Buffalo, NY 14216 Sam Sinatra, 148 Avery, Buffalo, NY 14216 Appointment Effective:6/30/00 In the Department of: COMMON COUNCIL to the Position of: INTERN II, Seasonal Non Competitive at the flat starting salary of $5.15/hr Paris Desnoes, 9 Norway Park, Buffalo, NY 14208 Sade Green, 557 High St., Buffalo, Ny 14211 Julian Perez, 250 Saranac St., Buffalo, NY 14216 Jacques Robinson, 354 Florida St., Buffalo, NY 14208 Larry Smith, 34 Viola Pl., Buffalo, NY 14208 Ashley Tolbert, 119 Oxford Ave., Buffalo, NY 14209 Brian Williams., 64 Florida St., Buffalo, NY 14208 Appointment Effective 6/30/00 In the Department of COMMON COUNCIL to the Position of INTERN IV, Seasonal Non Competitive the flat Starting Salary of $6.00/hr Brandon Royster, 13 Oneida Street, Buffalo, NY 14206 Ronald Counts, 364 Fox Street, Buffalo, NY 14211 Kevin McLean, 150 Roebling Ave., Buffalo, NY 14215 Kyle Mingo, 24 Lyth Place, Buffalo, NY 14208 Michael Norwood, Jr., 145 Hastings Ave., Buffalo, NY 14215 Lionel Rogers, 91 Domedion Ave., Buffalo, NY 14211 Salvatore Sedita, 355 North Park Ave., Buffalo, NY 14216 Appointment Effective 6/30/00 In the Department of COMMON COUNCIL to the Position of INTERN V, Seasonal, Non Competitive at the flat starting salary of $8.00/hr MARNEDA EVANS, 169 COLVIN AVE, BUFFALO,NY 14216 Appointment effective July 1, 2000 in the Department of COMMON COUNCIL, Division of to the Position of INTERN I, Seasonal Non Competitive at the flat starting salary of $7.00/hr Maria A. Cavalieri, 411 Bavnes Ave., BUFFALO NY 14213 Appointment effective July 1, 2000 in the Department of COMMON Division of to the Position of INTERN IV, Seasonal Non Competitive at the flat starting salary of $6.00/hr Heather A. Williams, 154 Royal Ave., BUFFALO NY 14207 Appointment effective July 1, 2000 in the Department of COMMON Division of to the Position of INTERN V, Seasonal Non Competitive at the flat starting salary of $8.00/hr Amanda J. Andersen, 38 Albemarle St., BUFFALO NY 14207 Gail G. Prange, 428 Taunton Pl., BUFFALO, NY 14216 James J. Denault, 336 East St. ADt. 3,BUFFALO, NY 14207 Page 42 00-0711.txt Appointment Effective July 01, 2000 in the Department of COMMON COUNCIL to the Position of INTERN VI SEASONAL NON-COMPETITIVE at the FLAT Starting Salary of $10.00/hr Michelle D. Maccaanano, 229 Summit Ave., BUFFALO NY 14214 Alice A. Radka, 215 Wood Ave., BUFFALO, NY 14211 Appointment Effective: July 05, 2000 in the Department of COMMON COUNCIL Division of to the Position of INERN I, SEASONAL- NON-COMPETITIVE AT the flat Starting Salary of $7.00/hr Peter T. Juliano, 546 Linden Avenue, Buffalo, NY 14216 Christopher M. Pannozzo, 20 North Drive, Buffalo, NY 14216 Margret Danieu, 18 Portland Street, NY 14220 Leon Hicks, 492 Masten Ave., Buffalo NY 14209 Malaine O'Rourke, 196 Orlando Street, Buffalo NY 14210 Jason Zucy, 1290 Delaware 1C, Buffalo NY 14209 Donald Hood, 38B Polish Pl., Buffalo NY 14210 Appointment Effective July 5, 2000 in the Department of COMMON COUNCIL to the Position of INTERN II, SEASONAL Appointment at the Flat Starting Salary of $5.15/hr Florence Wolcik, 32 Race St., BUFFALO., NY 14207 Cara Brewer, 80 Eckhert St., BUFFALO, NY 14207 Donald Abbott, 78 Briqqs Rve., BUFFALO, NY 14207 Jeff Fordham, 340 Tonawanda St., BUFFALO, NY 14207 Lisa Gonzales, 130 Chadduck Ave., BUFFALO, NY 14207 Nicole Lyman, 156 Ontario St., BUFFALO, NY 14207 Jessica Massimi, 36 Carmel Road, BUFFALO NY 1,1214 Eric Whitehead, 311 Lisbon Ave, Buffalo, NY 14215 Erian S. Felder, 154 LaSalle Ave., Buffalo, NY 14215 Brian Collins, Jr., 152 Warwick Ave, jBuffalo, NY 14215 Isoken C. 0gbemudia, 136 Bickford Ave., Buffalo, NY 14215 Deshawn Ellington, 268 Woltz Avenue, Buffalo, New York 14211 Jaisa Myree, 117 Parkridge Ave., BUFFALO NY 14215 Bryan 0. White, 386 Lisbon Ave., Buffalo, NY 14215 Keora Staley, 434 Olympic Ave., Buffalo, NY 1421S Patrick Marinella, 46 Montrose Avenue, Buffalo, NY 14214 Jason Baines, 155 Dunlop Ave., Buffalo, NY 14215 Alissa Magiera, 16 Gooethe St, Buffalo, NY 14206 Paul D'Amico, 12 Lyman Street, Buffalo NY 14206 Caitlin Boucki, 115 Wasson street, Buffalo NY 14210 Jeffrey Lubkowski, 163 Fenton Street, Buffalo NY 14206 Kristina Neely, 119 Mt. Mary's, Buffalo, NY 14211 Tashauna Goldsby, 28 Kerns Avenue, BUFFALO NY 14211 Kyle Golombek, 23 Krakow St., Buffalo NY 14206 Nekesha Harmon, (198 Bakos Blvd., Buffalo NY 14211 Latrisha Hearn, 186 Courtland Ave., Buffalo NY 14215 Dominique Hill, 195 Bakos Blvd., Buffalo NY 14211 John Marrero, 315 Smith Street, ButfaLo, NY 14210 Chritopher Marranca, 62 Lonecker Street, Buffalo, NY 14206 Don Anthony Mumford, 24 Antwerp St., Buffalo, NY 14211 Crystal Muhammad, 166 Burgard Place, Buffalo NY 14211 Stephanie Peete, 43 Stewart St., Buffalo NY 14211 Ashlee A. Perdziak, 315 Barnard St., Buffalo NY 14206 Bruce Blake, 215 Bakos Blvd., BUFFALO NY 14211 Nicholas P. Brown, 243 Bakos Blvd., Buffalo NY 14211 Kimberly Coleman, 220 Hagen Street, Buffalo NY 14215 Jjllian Mary Ernest, 195 Ludington St., Buffalo NY 14206 Stephanie Fleischer, 17 Central Ave., Buffalo NY 14206 Fort Karl Jr., 325 Gold Street, Buffalo NY 14206 Telese Bush, 80 Sweet Avenue, Buffalo, New York 14212 Page 43 00-0711.txt Rebekah Moore, 23 Shepard Street, Buffalo, New York 14212 Eric Pabon, Woltz Avenue, Buffalo, New York 14212 Darnell Brown, 277 Mills Street, Buffalo, New York 14211 James Pitts III, 2211 Fillmore Avenue, Buffalo, New York 14214 Deverin White, 248 Glenwood Avenue, Buffalo, New York 14208 Craig Hoffman, 58 Belmont St., BUFFALO NY 14207 Patrick D. Handley, 150 Marion St., Buffalo, NY 14207 Matthew J. Comerford, 435 Eden Street, Buffalo, NY 14220 Tasheri Artis, 591 Fillmore Avenue, Buffalo, NY 14212 Danielle C. Bakowski, 39 Meriden Street, Buffalo, NY 14220, Kevin J. Bielmann, 66 Eaglewood Avenue, Buffalo, NY 14220 Patrick M. Boland, 92 Carlyle Avenue, Buffalo, NY 14220 Katie A. Calabotta, 43 Van Rensselaer Street, Buffalo, NY 14210 Branden J. Conrad, 73 Columbus Avenue, Buffalo, NY 14220 Nicholas A. Caetano, 11 South St., BUFFALO NY 14204 Jonathan Pietrzak, 393 Weimar St., Buffalo NY 14206 Sean Prewitt, 83 Zenner Street, Buffalo NY 14211 Robert Ring, 82 Gorski St., Buffalo NY 14206 Michael Rybzynski, 120 Spann St., Buffalo NY 14206 Florence Wolcik, 32 Race St., BUFFALO, NY 14207 Cara Brewer, 80 Eckhert St., BUFFALO, NY 14207 Donald Abbott, 78 Briggs Ave., BUFFALO, NY 14207 Jeff Fordham, 340 Tonawanda St., BUFFALO, NY 14207 Lisa Gonzales, 130 Chadduck Ave., BUFFALO, NY 14207 Nicole Lyman, 156 Ontario St., BUFFALO, NY 14207 Ian 0. Conrad, 128 Harding Road, BUFFALO NY 14220 Kevin J. Coyle, 60 Riverview Place, Buffalo, NY 14210 Clare E. Crowley, 40 Portland Street, Buffalo, NY 14220 Richard M. Finnegan, 582 Marilla Street, Buffalo, NY 14220 Daniel D. Gilmour, 29 Carlyle Avenue, Buffalo, NY 14220 Marlene Goslinski, 134 O'Connell Avenue, Buffalo, NY 14204 Mark J. Gugliuzza, 8 Delsan Court, BUFFALO NY 1.41210' Jonathan E. Hartman, 33 Magnolia Street, Buffalo, NY 14220 Elizabeth Lewis, 146 Choate Avenue., Buffalo, NY 14220 Andrew M. MacQueen, 348 Downing Street, Buffalo, NY 14220 Eileen M. McCormick, 97 Choate Avenue, Buffalo, NY 14220 Matthew McGurn, 48 Narragansett Road, Buffalo, NY 14220 Erin K. Mulderig, S6 Eaglewood Avenue, Buffalo, NY 14220 Patrick 0. Overdorf,122 Turner Avenue, Buffalo, NY 14220 Alyssa R. Pannozzo, 20 North Drive, Buffalo, NY 14216 Frank Pezzimenti Jr., 77 Elk Street, Buffalo, NY 14210 Elizabeth L. Reid, 141 Kimberly Avenue, Buffalo, NY 14220 Michael L. Robertson, 11S Carlyle Avenue, Buffalo, NY 14220 Jajean Rose, 354 Baynes Street, Buffalo, NY 42220 Patrick M. Scanlon, 201 Cumberland Avenue, Buffalo, NY 14220 Margaret M. Shea, 203 McKinley Pkwy., Buffalo, NY 14220 Maureen S. Smith, 14 Brost Drive, Buffalo, NY 14220 John P. Tatta, 43 Tuscarora Road, Buffalo, NY 14220 Garry J. Weiss, 914 South Park Avenue, Buffalo, NY 14210 Tuona Bachelor, 200 Easton Ave., Buffalo, NY 14215 Emmanual Schmidbauer, 171 Lisbon Avenue, Buffalo, NY 14214 Page 44 00-0711.txt Megan Necole Greene, 447 Newburgh St., Buffalo, NY 14215 Nathaniel Griffin, 156 E. Morris Street, Buffalo, NY 14214 Courtney 0. Green, 31 Northrup Place, Buffalo, NY 14214 Marjaune Billips, 68 Parkridge Ave., BUFFALO NY 14215 Kellye Merriweather, 209 Highgate Avenue, Buffalo, N.Y. 14215 Amber S. Lewis, 74 Erskine Ave., BUFFALO NY 14215 Marcus C. Banks, 133 Debra Ave., Buffalo, NY 14207 Aviance Campbell, 127 Shirley Avenue, Buffalo, NY 14215 Evelyn Wright, 262 Stockbridge Ave., Buffalo, NY 14215 Hanifah Sultan, 67 Leonard St., Buffalo, NY 14215 Eric A. Radka, 237 North Ogden St., BUFFALO NY 14206 Appointment Effective in the Department of COMMON COUNCIL to the Position of INTERN VI, Seasonal, Non-Competitive at the Flat Starting Salary of $10.00/hr Michael A. Agostino, 335 Commonwealth Ave., BUFFALO NY 14216 NO. 93 APPOINTMENTS-MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. Appointment Effective July 1st in the Department of Executive, Division of Mayor to the Position of Intern I Seasonal-Non-Competitive at the Flat Starting Salary of $7.00/hr Miquel Cardona, 55 Traymore St, Buffalo, NY 14216 Appointment Effective July 1st in the Department of Executive, Division of Mayor to the Position of Intern II, Seasonal-Non-Competitive at the Flat Starting Salary of $7.00/hr Mesha Branch, 99 Mortimer St., Buffalo, NY 14204 Jacob Kusmierski, 143 Haratwell Rd., Buffalo, NY 14216 Katie Ratchuck, 50 Hollywood Ave., Buffalo, NY 14220 Appointment Effective: July 3rd in the Department of Executive, Division of Mayor to the Position of Intern IV Seasonal- Non-Competitive at the Flat Starting Salary of $6.00/hr Allison O'Leary, 16 LaFayette Ave. Upper, Buffalo, NY 14213 NO. 94 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 ADMINISTRATION & FINANCE Appointment Effective June 26, 2000 in the Department of Administration & Finance to the Position of Laborer I, Seasonal-Non-Competitive at the Flat Starting Salary of $6.22/hr Diane Lemanski, 126 Peabody, Buffalo, New York 14210 DEPARTMENT PF HUMAN SERVICES Appointment Effective in the Department of Human Services, Division of Recreation to the Position of Fee Collector, Seasonal-Non competitive at the Flat Starting Salary of $5.15/hr Page 45 00-0711.txt Kelly Haug, 136 Shefield, Buffalo, NY 14220 Kathleen Wachowicz, 81 Barnard, Buffalo 14206 Linda Wilson, 58 Dundee, Buffalo 14220 Appointment Effective July 1,2000 in the Department of Human Services, Division of Recreation to the Position of Lifeguard, Seasonal-Non competitive at the Flat Starting Salary $6.25/hr Jamie Burgess, 71 19th Street, Buffalo 14213 Lakisha Burgess, 17 19th Street, Buffalo 14213 Matthew Dickman,, 4b Alsace Avenue, Buffalo 14220 Alana Gibbs, 187 West Utica, Buffalo 14222 Allison Hunt, 124 Depew, Buffalo 14214 Eric Kedron, 2475 Niagara, Buffalo 14207 Patrick Kinsley, 77 Vanderbilt, Buffalo 14206 Candace McCullough, 69 Naragansett, Bufffalo 14220 Shayla mccullough, 187 14th Street, Buffalo 14213 Jason Shero, 163 Crescent, Buffalo 14214 Nicholas Sterdace, 41 Kimberly, Buffalo 14220 David Borne, 332 Tonawannda, Buffalo 14207 Phuc Huych, 625 Grant, Buffalo 14213 Sean Deutsch, 72 Winspear, Buffalo 14214 Melissa Piotrowicz, 329 south Ogden, Buffalo 14206 Stacey Walhowski, 278 Holly, Buffalo 14206 Frank Centinello, 253 Davey, Buffalo 14206 Eric Cichowski, 10 Gorski, Buffalo 14206 Robert Mellody, 153 Hollywood, Buffalo 14220 Nathan Neuman, 68 Shoreham, Buffalo 14216 Amanda Smith, 239 Wallace, Buffalo 14216 Kevin Tate, 49 Beverly Road, Buffalo 14208 Karolina Bazlylewicz, 488 Libson, Buffalo 14215 Gaetano Capodicasa, 434 Seneca Street, Buffalo 14204 Patricia Dickerson, 141 Morris, Buffalo 14214 Rachael Frydrychowski, 127 Frddro, Buffalo 14206 Lindsay Laracuente, 91 Aldrich, Buffalo 14220 Corinna Lisk, 104 N Drive, Buffalo 14216 Whitney Lisk, 104 North Drive, Buffalo 14216 DEPARTMENT OF STADIUM & AUD Appointment Effective July 3, 2000 in the Department of Stadium and Auditorium Division of Dunn Tire Park to the Position ofLaborer I Seasonal-Non-Competitive at the Flat Starting Salary of $6.22 Michael Heidinger,186 Mackinaw, Buffalo, 14204 Ronald Morgan, 115 Krettner Street, Buffalo, 14206 DEPARTMENT OF STREET SANITATION Appointment Effective June 26, 2000 in the Department of Street Sanitation to the Position of Seasonal Laborer II, Seasonal-Non-Competitive at the Flat Starting Salary of $6.92/hr Telly Forcucci, 175 Tuscarora Rd., Buffalo, NY 14220 David C. Ryan, 31 Marine Dr., Apt. 4E, Buffalo, NY 14202 CORRECTEDAppointment Effective: June 20, 2000 COPY in the Department of Street Sanitation to the Position of Seasonal Laborer II, Seasonal-Non-Competitive at the Flat Starting Salary of $6.92/hr Darryl E. Balance, 91 Landon, Buffalo, NY 14208 Mashi J. Booth, 373 E. Utica Street, Buffalo, NY 14208 Nicholas G. Derfert, 103 Pontiac Street, Buffalo, NY 14206 Kevin L. Hall, 196 Eaton Street, Buffalo, NY 14208 Nathan Hall, 592 Clinton Street, Buffalo, NY 14210 Myron D. Harden, 91 Stanton Street, Buffalo, NY 14206 CORRECTEDAppointment Effective: June 20, 2000 COPY in the Department of street Sanitation to the Position Page 46 00-0711.txt of Seasonal Laborer II, Seasonal-Non-Competitive at the Flat Starting Salary of $6.92/hr Shirley D. Jackson, 298 Riley Street, Buffalo, NY 14208 Ricky E. Jenkins, 286 Reed Street, Buffalo, NY 14211 Michael A. Moss, 54 Montclair, Buffalo, NY 14215 Matthew B. O'Grady, 212 Summit, Buffalo, NY 14214 CORRECTED COPY Appointment Effective: June 19, 2000 in the Department of Street Sanitation to the Position of Seasonal Laborer II, Seasonal, Non-Competitive at the Flat Starting Salary of $6.92/hr Shawn Brown, 33 Carl Street, Buffalo, NY 14215 Nicholas L. Cordova, 36 Auchinvole Street, Buffalo, NY 14213 Gregory R. Campeau, 407 Huntington Ave., Buffalo, NY 14214 Jack Eskridge, 306 Hudson, Buffalo, NY 14204 Howey J. Giomundo, 440 Hoyt Street, Buffalo, NY 14213 Mark P. Horne, 118 Dunlop, Buffalo, NY 14215 CORRECTED COPYAppointment Effective: June 19, 2000 in the Department of Street Sanitation to the Position of Seasonal Laborer II, Seasonal-Non-Competitive at the Flat Starting Salary of $6.92/hr Roshawn G. Perry, 188 E. Utica, Buffalo, NY 14208 Rafael A. Ramos, III., 200 Condon, Buffalo, NY 14207 Barrett A. Ward, 106 Wellington Road, Buffalo, NY 14216-2850 Frank J. Zorechak, 136 Lafayette Avenue, Buffalo, NY 14213 Mark W. McKinnon, 31 Barry Place, Buffalo, NY 14213 NO. 95 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 ADMINISTRATION AND FINANCE Appointment Effective July 1, 2000 in the Department of Administration and Finance Division of Parking Enforcement to the Position of Laborer II, Temporary- Non-Competitive at the Starting Salary of $22,522.96 Daniel D. Tadusz, 1160 Hertel Avenue, Buffalo 14216 Appointment Effective 6/26/00 in the Department of Administration & Finance, Division of Treasury to the Position of Teller, Temporary Appointment at the Minimum Starting Salary of $25,549.66 Joelle Cash, 83 St. James, Buffalo 14222 DEPARTMENT OF GENERAL SERVICES Appointment Effective June 27, 2000 in the Department of General Services, Division of Inventory & Stores to the Position of Laborer II, Temporary Appointment at the Minimum Starting Salary of $10.76/hr Dejuaine G. Motley, 788 Fillmore Ave., Buffalo NY 14212 DEPARTMENT OF HSPR Appointment Effective July 3, 2000 in the Department of Human Services, Parks, and Recreation, Division of Substance Abuse Services to the Position of Art Program Aide, Temporary Appointment at the Flat Starting Salary of $10. 00/hr Page 47 00-0711.txt Marva Saunders, 71 East Morris, Buffalo 14214 Appointment Effective June 26,2000 in the Department of Human services, Division of Recreation to the Position of Recreation Instructor Temporary Appointment at the Minimum Starting Salary of $26,396.00 Ericka Browning, 66 Summer, Buffalo 14209 Larry Middelbrooks 141 Leroy Avenue, Buffalo 14214 Appointment Effective July 1, 2000 in the Department of Human Services, Division of Recreation to the Position of Spvrs. Lifeggard Temporary Appointment at the Flat Starting Salary of $6.50/hr Donald Draine, 31 Woeppel, Buffalo 14211 Smith, Christopher, 239 Wallace, Buffalo, NY 14216 Appointment Effective July 1,2000 in the Department of Human Services, Division of Recreation to the Position of Spvrs. Lifeggard, Temporarv Appointment at the Flat Starting Salary of $6.50/hr Kristy Ernest, 55 Ritt, Buffalo 14216 Jamie Ziolkowski, 261 Choate, Buffalo 14220 Christine Zwawa, 37 Junior, Buffalo 14206 CORPORATION COUNSEL Appointment Effective 6/29/2000 in the Department of Law to the Position of Legal Secretary, Temporary Appointment at the Minimum Starting Salary of $ 26,964 Lisa M. Lickfeld, 21 Choate Avenue, Buffalo, NY 14220 DEPARTMENT OF PUBLIC WORKS Appointment Effective June 28, 2000 in the Department of Public Works, Division of Buildings to the Position of Senior First Class Stationary Temporary Appointment at the Flat Starting Salary of $10.25/hr Keith M. Rathbun, 239 Cumberland Avenue, Buffalo 14220 Richard M. Veroba, 24 Lester Street, Buffalo 14210 Appointment Effective June 26, 2000 in the Department of Public Works, Division of Engineering to the Position of Engineering Aide, Temporary Appointment at the Minimum Starting Salary of Jamar Hennings, 66 Whitney Place, Apt. 6, Buffalo, NY 14201 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 96 B. BROWN INCREASING MINORITY PARTICIPATION AND ADDRESSING I would like to take an opportunity to thank you for cooperation and assistance in increasing the participation goals for minority and women-owned business on the Martin Luther King Fishing Pond Project. As you know minority participation is especially critical in the Masten District given that the population is 90% African American and in some census tracts unemployment rates are more than 20%. Establishing reasonable goals for minority and female hiring as well as minority and women-owned business participation insures that the economic benefits of Masten District and City of Buffalo projects are maximized for all city residents. I am especially appreciative for the assistance of Dennis Maloney and Ron Empiric in extending the bid deadline for the MLK Fishing pond project. This extension also enables us to amend the bid documents to address the concerns of local labor unions. Local 210 complained that the way the Page 48 00-0711.txt bid documents were initially written would have made it virtually impossible for union general contractors to bid on this project. Now with various sections of this contract separated, Local 210 has agreed to work with us in making minority participation on this project a priority. The support of you and your staff have contributed greatly to the restoration of Martin Luther King Park and making this exciting wading pool reuse plan a reality for the Masten District and our entire community. REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE NO. 97 J. CAMPOLONG- COUNCIL INQUIRY-"D. REUVAIN-WATER METER RATE INCREASES" (#95, C.C.P. "FUNE 27, 2000) We have been asked to respond to the Common Councils concerns regarding recent rate increases announced by the Buffalo Sewer Authority. A letter from a concerned citizen was attached to this request from Council (copy attached). By copy of this letter, we are advising the Common Council that American Water Services has no input to or participation in the setting of sewer rates and charges imposed by the Buffalo Sewer Authority. All inquiries should be directed to the Buffalo Sewer Authority for a response. Should you require any additional information or assistance from my staff, or me please feel free to contact me at any time. REFERRED TO THE COMMITTEE ON FINANCE NO. 98 A DOMINO-REDEVELOPMENT DOUGLAS TOWERS Dear Douglass Towers Residents: The redevelopment of Douglass Towers has begun. The work is expected to be completed the Spring/Summer of 2001. On May 8,2000, the Douglass Towers Tenant Council voted to approve certain requirements which they determined should be met by all residents before they are allowed to transfer to the newly built units. These requirements were reviewed by the attorney for the Douglass Towers residents, Mike Hanley, to which he agreed were valid and reasonable. To be eligible to transfer, residents must meet the following criteria beginning from the date of this letter until the time of completion of Phase I of the redevelopment project: 1. No late payments 2. No valid complaints on file 3. Pass housekeeping with a good to excellent rating 4. A record of good cooperation with BMHA Management 5. Submission of the Annual Survey and all related information Residents who do not meet these criteria and are denied a transfer to the new units can file a grievance in accordance with New York State Division of Housing and Community Renewal procedures. If you have any questions, please feel free to contact your Housing Manager, Arinna Neal. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 99 Page 49 00-0711.txt J. DUELL-ABANDONED HOMES LAUREL ST We are contacting your office regard abandon houses in your district. We live at 247 Laurel street. We are writing this -letter to explain the deplorable condition of the two- (2) abandon house that are to the left of my property. I believe that 251 & 253 Laurel axe inhabitable dwelling that need to be put on the demolition list of the city. For years, we have watched the deterioration of the properties. have gone from beautiful owner live-in dwelling to slumlord rental -income property. In their current state, we believe, these sites are now being used for drug house, residence for rodents, vagrants and hangout for group of mischievous teens. We -have try for the last five-(5) years to get some resolution for the site at 25-1 Laurel. We reported to the housing dept that there aren't meters, fixtures or a main drain in the dwelling. We were told by the housing dept. that because the taxes were being paid, nothing could be done with the property. V - V e have never seen any city inspectors, nor have we received any correspondence from the city after our inquire. My grandmother, who is 90 years olds, is currently the primary resident of our home on Laurel Street. We are very concerned for her safety. We would appreciate any kind of assistance from your other on how we should continue with this matter. REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMITTEE OF PERMITS AND INSPECTIONS NO. 100 B. GRANT-TYLER STREET CURBS Please file this letter from Ms. Helen A. Feron of the West Main Block Club with the Buffalo Common Council. REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS NO. 101 J. FLEISCHMANN PROPOSED ACQUISITION BY MEDAILLE COLLEGE OF NICHOLS SCHOOL PROPERTY Thank you for agreeing to meet with my partner, Howard Rosenhoch, and me on Tuesday, July 11, 2000 at 2:00 pm to discuss the zoning issues related to the Nichols School property (the "Property"). As Howard explained to you, we represent Medaille College in connection with its proposed purchase of the Property for use in connection with its graduate degree programs and other academic purposes. The Property is located in the "Rl" (One-Family District). 511-8C of the City of Buffalo Zoning Ordinance specifies, as permitted uses in the R1 district, the following: "Public school; private school chartered or accredited by the State Education Department and offering courses of instruction substantially equivalent to those offered by public schools, but not including any school conducted for profit." Since Medaille College is a private school chartered by the State Education Department, it would appear that Medaille's proposed use of the Property as a college facility would be Page 50 00-0711.txt permissible under However, we understand that, in a letter dated June 30, 2000 addressed to Mayor Masiello, Paul T. Nesper, an attorney who represents some of the owners of nearby residential properties, asserted that the City of Buffalo Zoning Ordinance prohibits college uses in the R1 District, and that the Property would have to be re-zoned to the 11R211 classification (or some other classification) in order for Medaille to use it as a college facility. We respectfully disagree with Mr. Nesper's conclusion. Such a prohibition is contrary to established New York case law, unconstitutional, and ulta vires. The New York Courts have held that public and private schools, including colleges and universities, by their very nature, serve the public's welfare and morals. Because of the inherently beneficial nature of schools, the New York Courts have held that municipalities do not have the authority to adopt zoning regulations which call for the total exclusion of colleges from a residential district (see Cornell University v. Bagnardi, 68 N.Y.2d 583, 510 N.Y.S.2d 861 (1986) and Trustees of Union College v. Schenectady City Council, 91 N.Y.2d 161, 667 N.Y.S.2d 978 (1997), copies of which are enclosed). The New York Court of Appeals in Cornell University v. Bagnardi, supra, articulated the rule which we believe should govern Medaille's situation. The Court held that the controlling consideration in reviewing the request of a college for permission to expand into a residential area must always be the over-all impact on the public's welfare. In Trustees of Union College, supra, the New York Court of Appeals clarified its position on educational uses in residential neighborhoods. The Court stated: "As a consequence of their inherently beneficial nature, educational institutions have long enjoyed special treatment, with respect to residential zoning ordinances and have been permitted to expand into neighborhoods where non-conforming uses would otherwise not have been allowed" (citations omitted). Indeed, we have held that as a general rule 'the total exclusion of [educational] institutions from a residential district serves no end that is reasonably related to the morals, health, welfare and safety of the community... [and] is beyond the scope of the localities, zoning authority (citations omitted). The decision to restrict a proposed educational use can only be made after the intended use is evaluated against other legitimate interests, with primary consideration given to the over-all impact on the public welfare. A municipality's pursuit of other legitimate objectives, such as historic preservation, does not diminish the importance of striking a balance between the important contribution made to society by educational institutions and the inimical consequences of their presence in residential neighborhoods Plainly stated, depriving [the educational institution] of the opportunity to have its presumptively beneficial educational use weighed against competing interests, and thereby wholly excluding educational uses from the District, bears no substantial relation to the public health, safety, morals or general welfare, and is thereby beyond the City's zoning authority. The Court in Trustees of Union College, supra went on to state that, where the zoning ordinance in question prohibited educational uses in a residential district, neither the variance Page 51 00-0711.txt process (which would require a showing of practical difficulties or unnecessary hardships) nor the zoning amendment process would allow the municipality to make the appropriate inquiry. The Court noted that a special permit application process (pursuant to which a use is permitted in a district upon issuance by the zoning board of appeals or other municipal body of a special permit) would afford the applicant and municipality a procedure in which the proper factors could be weighed. The Court declared that the City ordinance in question (which failed to provide an appropriate special permit procedure) was unconstitutional. If the zoning ordinance of the City of Buffalo prohibits colleges from operating in an R1 District, we are faced with a situation that is very similar to the situation in Trustees of Union College, supra, because there is no special permit procedure or similar process expressly provided for in the zoning ordinance which would allow the City to weigh the relevant factors (including the inherently beneficial nature of educational institutions) and decide under what conditions, if any, Medaille's proposed use should be permitted in the R1 District.Furthermore, neither an application for variance nor a petition for re-zoning would be appropriate here because neither process would recognize the preferred status of the proposed educational use and allow for the proper weighing of competing factors. At our meeting on July 11, 2000, we would like to discuss with you what procedure ought to be followed in connection with Medaille's proposed use of the Property as a college facility, which would allow the City to consider the factors outlined by the Court of Appeals in the cases referred to above. We are aware of the neighbors' concerns about traffic and lighting, and we are working with Medaille to gather the relevant information to address those concerns. We can appreciate that the residents of the neighborhood, who have long lived near the Nichols Middle School, are apprehensive about the prospect of a change from one educational use to another. However, we sincerely believe that, when all of the relevant information concerning Medaille's proposed use is considered, it will be apparent that Medaille's use of the Property will present no significant changes or problems in the neighborhood and will greatly enhance the Buffalo community. Since we understand that Mr. Nesper forwarded his letter of June 30, 2000 to Mayor Masiello, the Common Council Members, and the Zoning Board of Appeals, we are sending copies of this letter to the same people. we look forward to meeting with you. REFERRED TO THE COMMITTEE ON LEGISLATION AND CORPERATION COUNSEL NO. 102 S. LIBERATORE APPEAL PLANNING BD DECISION Dear Common Council Members: We are appealing the Planning Board decision regarding the proposed ALDI food store located at 3060 Main Street, and asking the Common Council to annul the decision with acceptance of the plans. Enclosed is the site plan for your review. Page 52 00-0711.txt The following items are attached: 5 sets of blueprinted Site Plans 5 copies of the Stormwater Management Plan We are requesting common council approval for the following items that do not comply with City of Buffalo code: 1. 24.6' Front Yard setback 2. Floor area ratio (FAR) is greater than 1: 1 (1: 6.3 0) We will comply with any of the Planning Boards recommendations that were stated at the 7/5/00 meeting. If you have any questions regarding the project, or need additional information please contact me. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPERATION COUNSEL AND CITY PLANNING BOARD NO. 103 RAILROAD TRACKS - COLVIN-STARIN BETWEEN ST. LAWRENCE/TAUNTON (#174 C.C.P. JUNE 27, 2000) In response to the above referenced item filed by Councilmember Coppola and sent to our Executive Director, Lawrence Meckler, we offer the following observations. The item states that the NFTA failed to record the deed when it acquired this property from CSX. This is not the case. In fact the sale of this property to the NFTA from the Consolidated Rail Corporation was recorded in the Erie County Clerk's office on March 24, 1988 under Liber 9844, Pages 194-211. These two rail lines, namely the Black Rock to the north and the International to the south are mostly contiguous from Starin Avenue to Delaware Avenue. However, there are sections of this property which are not owned by the NFTA. There are large tracts of land that are owned by individuals whose property fronts the east side of Delaware as well as the east and west sides of Colvin Avenue. The NFTA has continuously maintained this property since its ownership interest began in 1988 and have responded to specific complaints from adjoining landowners on a case by case basis. For the Council's information we attach a Buffalo News article from June 8 which clearly indicates the NFTA has been working with the City of Buffalo through the Mayor's office and his Impact Team to improve this tract of land and make it safer and more aesthetically pleasing. We suggest that Councilmember Coppola contact our office so that he may be included in the discussions with regard to the future of this property. As always the NFTA is committed to fostering a mutually beneficial relationship with its fellow governmental agencies. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 104 USE OF THE NICHOLS SCHOOL PROPERTY LOCATED ON NOTTINGHAM TERRACE FOR MEDAILLE COLLEGE PURPOSES This firm represents Lisann J. Jacobs and her brother, Jeremy M. Jacobs, Jr., and, to the extent that there are common concerns, other residents within the immediate neighborhood of the Nichols Middle School Nottingham Campus at Nottingham and Lincoln Parkway who are opposed to the use of such property by Medaille College to operate a college campus thereon. Enclosed is a petition signed by a number of such residents indicating their opposition. An examination of the zoning ordinance of the City of Buffalo indicates that the property is located in an R1 One-Family Page 53 00-0711.txt District ("RI "). This zoning classification is the most restrictive. See Buffalo City Code 511-7 et seq. RI does not permit the use of any property for college or higher educational purposes. Nor does the ordinance permit a special use to be granted by the City for such purpose. For Medaille College to achieve its purposes, the law appears to be clear that the property be rezoned to at least an R2 Dwelling District ("R2"). Buffalo City Code 511-11 etseq. R2does permit colleges and universities. Id at 511-12(D). It has been alleged in the local press that Medaille College intends to petition the City for what has been referred to as "special use permit" allowing Medaille College activities to take place on the Nichols School property. It is a)domatic in zoning law that a variance or special use permit cannot be a substitute for what is otherwise a rezoning. In order to utilize the property by Medaille College, a full rezoning in front of the Common Council of the City of Buffalo is required. The following is the basis for our position in this matter: The rezoning category is the highest and most restricted zoning category in the City of BuffWo Ordinance. It does not permit any special uses, nor exceptions for a college; therefore, a special use permit is not permitted by the Ordinance. Medaille would also be unable to obtain a variance since the zoning "board of appeals has no power to remake a zoning map under the guise of granting a variance, for such a change constitutes an exercise of legislative power. A variance may be regarded as a zoning amendment if it alters in any fundamental and substantial respect the zoning scheme which is articulated in the ordinance." Cohalan v. Schermerhorn, 77 Misc. 2d 23, 24-25, 351 N.Y.S.2d 505, 508 (N.Y. Sup. Ct., Suffolk County 1973) (citations ornitted). Medaille cannot obtain by variance what is legally required to be obtained through a rezoning. We have determined that the only proper way for Medaille to achieve their purposes would be to rezone the property - a scenario that our clients most strongly oppose. Medaille College claim that it strives to "work within the community to enhance the quality of life." Medaille College web site, www.medaiRe.edu/goals.html (June 30, 2000). Yet, as the enclosed petition clearly shows, the community does not believe that Medailles purchase of the Nichols Nottingham Campus will enhance the community. If this matter goes to the Common Council; keeping in mind the petition opposing any re-zoning, special exception, or special use; then Medaille would need a three-fourths super-majority vote in the Common Council. See Buffalo City Code 511-126. Our clients firmly believe that right-headed thinking will prevail and defeat any such measure. Our clients are not against a primary or secondary, public, private or chartered school using such site; however, in a highly restricted residential area, a college that will increase traffic and light emissions does not make sense. Therefore, we strongly urge you to oppose Medaille's efforts to drastically after the character of this neighborhood. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPERATION COUNSEL AND THE CITY PLANNING BOARD NO. 105 BUFFALO TOWING ORDINANCE Page 54 00-0711.txt I have the following comments and suggestions with respect to the latest draft (June 20, 2000) of the proposed towing ordinance for the City of Buffalo: ARTICLE I; GENERAL TOWING: As I explained in my December 15, 1999 letter to Hon. Alfred T. Coppola, this article violates 49 U.S.C. 14501 (c), which prohibits a state or political subdivision from enacting a law that regulates motor carriers (including tow trucks) that does not relate to public safety. The enactment of a statement of legislative intent that contains a passing reference to safety does not cure this defect. For this reason, I recommend that this article be deleted in its entirety. In the event that the City Council elects to retain Article I of the Code, I make the following two recommendations while reserving my client's rights to seek legal redress for the violations of federal law, described above: Section 454-1 (b); Definition of "Towing": I suggest that this section be amended to read as follows: COMMERCIAL TOWING: the moving or removing of disabled, illegally parked or abandoned motor vehicles or motor vehicles involved in accidents by another motor vehicle, for which there is direct or indirect compensation. This definition is taken from 107-b of the Vehicle and Traffic Law. The definition should not be limited to a "single" motor vehicle because car carriers can carry and tow more than one vehicle. The definition should, however, be limited to disabled, illegally parked or abandoned motor vehicles because the carrying of new or operable motor vehicles is an activity that is regulated by the Department of Transportation and should not be considered to be towing. Section 454-2; License required. I suggest that the existing paragraph A be deleted and replaced by the new paragraph C (which contains cleaner language) and that the following underlined language be added: C. It shall be unlawful after the effective date of this chapter for any person to operate a tow truck for compensation within the City of Buffalo without first having obtained a license in the manner hereinafter set forth. It shall not be necessary, however, for a person who does not maintain a place of business within the City of Buffalo to obtain such a license for the purpose of providing a towing service that either originates or terminates outside of the City of Buffalo. The underlined language brings this paragraph into compliance with Informal Opinion of the Attorney General 90-66, attached hereto. Section 454-11; Definition of "Driver": I suggest that this definition be amended to read as follows: DRIVER - A person who operates or drives or is in actual physical control of an authorized tow truck and whose license authorizes such person to operate said tow truck pursuant to the terms and conditions of section 501 of the Vehicle and Traffic Law. The definition should not be limited to highways (what if the driver is stopped in a parking lot) and it is sometimes necessary for a driver to have more than just the CT or S endorsement on his or her license (i.e., air brakes, etc.) . There are also other restrictions and conditions that relate to the sizes and types of tow trucks that should be considered. Section 454-11; Definition of "Heavy Tow Truck": I suggest that this definition be amended to read as follows: Heavy Duty Tow Truck: An authorized tow truck having a winch and which is capable of lifting a motor vehicle having a minimum Gross Vehicle Weight Rating (GVWR of ten Page 55 00-0711.txt thousand (10,000) pounds. The term GVWR cannot be used in the abstract because it relates to a motor vehicle. It is also more appropriate to refer to the vehicle as a heavy-duty tow truck. Section 454-11; Definition of "Towing": Note comments under Section 454-1 (b), above. Section 454-16 Annual license and registration fee: Although the heading refers to an "annual" fee, all fees described in the section are biennial. If the fee described in paragraph A. is the same fee that is mandated under 454-2, the paragraph should be deleted. The failure to pro-rate the registration fee (particularly during the first year of operation) is rather harsh. Section 454-17 B (2): This paragraph is redundant in light of 454-17 A (4). Section 454-17 B (5): These provisions should be contained in an authorized invoice (454.11); not a business card. Section 454-17 B (9): Does this paragraph allow a tower to remove vehicles to his or her storage facility or to a location specified by the owner or operator of the vehicle? Section 454-18: Most light duty tow trucks do not come equipped with the equipment described in paragraphs (H), (I), and (J) of this section. Paragraph (P) is redundant in light of 454-5 of this chapter. Section 454-24: As explained previously, these rates are inadequate. During the December 15 meeting, I explained that the rates were based upon a Town of Cheektowaga ordinance that was at least ten years old and that the Town of Cheektowaga was in the process of updating these rates. The town has since done so and I enclose a copy of its new rate schedule. I also renew my request that heavy-duty tows be either unregulated or based upon an hourly rate. Thank you for your courtesy and consideration in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 106 INFO-REPORTING OF COMMUNITY MATTERS It is necessary that we as residents of the City of Buffalo, express our collective outrage at your recent reporting of community matters in the Buffalo News. Of particular concern to us is your recent front-page headline stories "Mean Streets" which depicted the so -called "gang problem" in our city. The story was very misleading and especially harmful to the young people of our community who need to be able to compete for jobs,, and who endure enough stereotypes about them for being urbanites in Buffalo. As if that were not enough, the News followed that story up with "Kaitilyn's Courage". Such a blatant disparity in images conveyed to our society, and the world for that matter given the internet, points to why there is still differential treatment of people in our society even in the 21st Century. What have we learned from the past? Apparently, whatever we should have learned we have not. When the new Buffalo Common Council was sworn in, there was a promise of a "New City in a New Century". Such differential reporting makes us an old city, from a century gone by. We can not tolerate this, and your paper must be put on notice, about these and other issues related to negative images of African Americans in this city. REFERRED TO THE COMMISSIONER ON CITIZEN RIGHTS Page 56 00-0711.txt NO. 107 J. WAHL-GREAT LAKES ISSUES Thank you for your letter dated June 28 regarding William Howard and the issues he brought before the Common Council meeting held on Tuesday, June 27. First and foremost, I can assure you that Great Lakes Bureau shares the concern about the issues raised by Mr. Howard. We are committed to equal opportunity and fair treatment of all of our employees. We take very seriously any allegation of inappropriate behavior in our workplace. In fact, we are nearing the conclusion of a detailed investigation of the issues raised by Mr. Howard. To support the company's equal opportunity and fair treatment business imperatives, we offer several resources to help employees solve work-related problems or issues. Firstly, employees are encouraged to discuss any workplace concerns directly with their managers and involve others in the management chain, their human resources representative or an ombudsperson, as necessary. These resources focus on helping employees solve problems quickly and successfully and on preventing a small problem from developing into a major issue. Informal problem solving may be used at any time and for any type of work-related concern. Secondly, in the event that an employee is not able to address his or her concern using informal methods, our RESOLVE program provides a structured, four-level procedure for quickly settling disputes that arise from an individual's employment. When the situation involves certain legally protected rights known as covered claims and is not settled at Levels One or Two, RESOLVE provides for mediation (Level Three) and, if necessary, arbitration (Level Four). Arbitration is arranged through the nonprofit organization, the American Arbitration Association, or another mutually agreed upon professional alternative dispute resolution organization. Thirdly, we provide all employees with relevant training through a program called Integrity: The Spirit and the Letter of Our Commitment. This training reviews company policies on such topics as Equal Employment Opportunity; Health, Safety & Environmental Protection; Ethical Business Practices and other issues integral to the company's operation, and suggests appropriate actions to take if an employee experiences anything contrary to the published policy. Mr. Howard and the 1300+ employees of Great Lakes Bureau in Buffalo have received training on how to file a formal complaint and how to take the steps necessary to have it seen through to resolution. Great Lakes Bureau has invested countless hours in training and providing materials to our employees so that every employee feels comfortable coming forward with complaints and following the agreed-upon process for having them resolved. If you or the members of the Buffalo Common Council are interested, I invite you to visit Great Lakes Bureau to find out more about us. Otherwise, please don't hesitate to call if you have any questions. REFERRED TO TH E SPECIAL COMMITTEE ON CITIZENS RIGHTS PETITIONS NO. 108 M. FISHER, AGENT, USE 1460 HERTEL AVE. FOR Page 57 00-0711.txt RESTAURANT/COFFEE SHOP(HRG. 7/18/00) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF COMMUNITY DEVELOPMENT, AND CORPORATION COUNSEL. NO. 109 J. BURKE-ADDITIONAL SIGNS VARIOUS STREETS Please file these petitions concerning street signage. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 110 J BURKE & OTHERS-ADDITIONAL TREES PLANTED UNIVERSITY BLOCK CLUB AREA Please file these petitions concerning additional trees in the University District. Sincerely, REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS NO. 111 J. BURKE & OTHERS-SPEED ENFORCEMENT UNIVERSITY BLOCK CLUB AREA Please file these petitions concerning additional speed enforcement for all streets in the University Block Club area. REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 112 M. SCHROEDER- NOTICE OF A HAZARDOUS CONDITION-COOLIDGE ROAD, BUFFALO The attached petitions from the residents of Coolidge Road, Buffalo includes 7 pages with 85 signatures placing the City of Buffalo on notice of a hazardous condition and requesting that the city Public Works department inspect and plan for a comprehensive curb replacement, street paving and sewer intake repair program. As stated on the attached petition, numerous residents have experienced car damage and have expressed concerns about personal injury from the metal frames that are jutting from the deteriorated and missing curbing along the entire street. We are requesting that the City Department of Public Works inspect this situation and report back to the residents who signed this petition within thirty days. We thank you for your consideration and ask that you provide certified copies of this cover letter and petitions to Buffalo Public Works Commissioner Joseph Giambra, Buffalo Corporation Counsel Michael Risman, Hon. Mayor Anthony M. Masiello and Hon. Councilmember Mary Martino. Should you have any questions or need additional information, please feel free to contact me directly at 828-1441. Sincerely, REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS Regular Committees CIVIL SERVICE (BARBARA A. MILLER-WILLIAMS, CHAIRPERSON) NO. 113 APPOINTMENT Page 58 00-0711.txt SUPV. ACCOUNTANT (MAX) (COMPT) (ITEM NO. 16-C.C.P. JUNE 27, 2000) That Communication 16, June 27, 2000 be received and filed and the permanent appointment of Richard J. Whitcomb stated above at the maximum salary of $47,314 e3ective on June 26, 2000 is hereby approved. PASSED AYES -12 NOES - 0 NO. 114 APPOINTMENT ASSOC. ACCOUNTANT (MAX) (COMPT) (ITEM NO. 17-C.C.P. JUNE 27, 2000) That Communication 17, June 27, 2000 be received and filed and the temporary appointment of Richard A. Butler stated above at the maximum salary of $47,379 effective on June 26, 2000 is hereby approved. PASSED AYES -12 NOES - 0 NO. 115 APPOINTMENT REPORT TECHNICIAN (INTER) (POL.) (ITEM NO. 37-C.C.P. JUNE 27, 2000) That Communication 37, June 27, 2000 be received and filed and the permanent appointment of Cynthia D. Brooks stated above at the intermediate salary of $25,831 effective on June 12, 2000 is hereby approved. PASSED AYES -12 NOES - 0 NO. 116 APPOINTMENT BATTALION CHIEF (PERM.) (MAX) (FIRE) (ITEM NO. 39-C.C.P. JUNE 27, 2000) That Communication 39, June 27, 2000 be received and filed and the permanent promotion of Micheal Swanekamp, stated above at the flat salary of $61,082 effective on June 19, 2000 is hereby approved. PASSED AYES -12 NOES - 0 NO. 117 APPOINTMENT BATTALION CHIEF (PENN. CONT.) (MAX) (FIRE) (ITEM NO. 40-C.C.P. JUNE 27, 2000) That Communication 40, June 27, 2000 be received and filed and the permanent contingent promotion of James Poley stated above at the flat salary of $61,082 effective on June 19, 2000 is hereby approved. PASSED AYES -12 NOES - 0 NO. 118 APPOINTMENT CAPTAIN (PERM.) (MAX) (FIRE) (ITEM NO. 41 -C.C.P. JUNE 27, 2000) That Communication 41, June 27, 2000 be received and filed and the permanent promotion of Michael Biasello stated above at the flat salary of $56,020 effective on June 19, 2000 is hereby approved. PASSED AYES -12 NOES - 0 Page 59 00-0711.txt NO. 119 APPOINTMENT CAPTAIN (PERM. CONT.) (MAX) (FIRE) (ITEM NO. 42-C.C.P, JUNE 27, 2000) That Communication 42, June 27, 2000 be received and filed and the permanent contingent promotion of Thomas Rapp stated above at the flat salary of $56,020 effective on June 19, 2000 is hereby approved. PASSED AYES -12 NOES - 0 NO. 120 APPOINTMENTS FIRE LT. (PERM.) (MAX) (FIRE) (ITEM NO. 43-C.C.P. JUNE 27, 2000) That Communication 43, June 27, 2000 be received and filed and the permanent promotion of Christopher Mullen and Mitchell Stewart stated above at the flat salary of $53,314 effective on June 19, 2000 is hereby approved. PASSED AYES -12 NOES - 0 NO. 121 APPOINTMENTS FIRE LT. (PERM. CONT.) (MAX) (FIRE) (ITEM NO. 44-C.C.P. JUNE 27, 2000) That Communication 44, June 27, 2000 be received and filed and the permanent contingent promotions of Daniel O'Leary and Steven Benton stated above at the flat salary of $53,314 effective on June 19, 2000 is hereby approved. PASSED AYES -12 NOES - 0 NO. 122 APPOINTMENT ASSOCIATE ACCOUNT CLERK (MAX) (A&F) (ITEM NO. 61 -C.C.P. JUNE 27, 2000) That Communication 61, June 27, 2000 be received and filed and the provisional appointment of Darlene Lapinski stated above at the maximum salary of $31,323.08 effective on June 14, 2000 is hereby approved. PASSED AYES -12 NOES - 0 NO. 123 APPOINTMENT HEAD TELLER (INTER) (A&F) (ITEM NO. 62-C.C.P. JUNE 27, 2000) That Communication 62, June 27, 2000 be received and filed and the temporary appointment of Carmen LoVullo stated above at the intermediate salary of $30,596.36 effective on June 12, 2000 is hereby approved. PASSED AYES -12 NOES - 0 NO. 124 APPOINTMENT LEGAL AIDE-BUREAU OF ADM. ADJUDICATION (MAX) (A&F) (ITEM NO. 63-C.C.P. JUNE 27, 2000) That Communication 63, June 27, 2000 be received and filed and the provisional appointment of Laura M. Gang Page 60 00-0711.txt stated above at the maximum salary of $26,342 effective on June 13, 2000 is hereby approved. PASSED AYES -12 NOES - 0 NO. 125 RESPONSE-PARKING METER MECHANICS (MAX) (A&F) (CCP#60-JUNE 27, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 126 NOTICES OF APPTS. -TEMP./PROV. /PERM. (C. CLK.) (CCP#76-JUNE 27, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 127 NOTICES OF APPTS. -TEMP./PROV. /PERM. (C. CLK.) (CCP#77-JUNE 27, 00) That the above item be and the same hereby is received and filed. ADOPTED FINANCE (BYRON W. BROWN, CHAIRMAN) NO. 128 AUDIT-BROADWAY MKT. MGMT. CORP. -BROADWAY WT. LEASE AGREEMENT (COMPT) (CCP#8-MAY 2, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 129 LEASE AMENDMENT - BROADWAY MARKET (ITEM NO. 3 5, C. C.P., MAR. 21, 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 and the same hereby is received and filed ADOPTED NO. 130 BROADWAY MARKET ELECTRIC BILLS, CONDITIONAL PAYMENT OF (ITEM NO. 239, C. C.P., MAY 3 0, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Brown moved that the above item be and the same hereby is received and filed. ADOPTED NO. 131 L. ROBERT S-LI STINGS-BFLO. DEV. COUNCIL-BROADWAY MKT. TASK GROUP (CCP#90-JUNE 13, 00) That the above item be and the same hereby is received and filed. ADOPTED Page 61 00-0711.txt NO. 132 B. LEWANDOWSKI - LEASE AGREEMENT - CITY & BROADWAY MARKET MGMT. CORP. (ITEM NO. 9 1, C. C.P., MAY 16, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Brown moved: That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 133 LEASE - POLISH COMMUNITY CENTER - 3 79 PADEREWSKI (ITEM NO. 19, C. C.P., APR. 18, 2000) That the Comptroller be, and he hereby is authorized to renew the amended lease between the City and the Polish Community Center of Buffalo, Inc., for property located at 379 Paderewski Drive. That the Corporation Counsel be, and he hereby is authorized to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. PASSED AYES -12 NOES - 0 NO. 134 S. KELLER, 1999 FINANCIAL AUDIT-POLISH COMM. CTR. (CCP#90-JUNE 27, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 135 PUBLIC NOTICE-2000-2001 WATER RATES (PW) (CCP#41 -JUNE 13, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 136 WAIVE FEES FOR CAZENOVIA PARK EVENTS COMMITTEE (ITEM NO. 178, C.C.P., MAY 16, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Brown Moved: That this Honorable Body authorize a waiver of all fees associated with the Cazenovia Park Events Committee's Sunday in the Park only to be held in Cazenovia Park, for the year 2000. PASSED AYES -12 NOES - 0 NO. 137 RESULTS OF NEGOTIATIONS - 20 WEST AVENUE (ITEM NO. 52, C.C.P., MAR. 21, 2000) (ITEM NO. 13 9, C. C.P., MAY 3 0, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Brown moved: That the offer from Mr. Florentino Hernandez, residing at 16 Page 62 00-0711.txt West Avenue, in the sum of One Thousand Dollars ($1,000.00) for the sale of 20 West Avenue, be and is hereby accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -12 NOES - 0 I NO. 138 R. KELLY-BID TELEPHONE SYSTEM-CITY CLERK'S OFFICE (CCP#91 -JUNE 27, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 139 G. BARLOW & OTHERS - SUPPORT PAVING STREETS - ELLICOTT TOWN CENTER (ITEM NO. 9 1, C.C.P., MAY 2, 2000) (ITEM NO. 127, C.C.P., JUNE 27, 2000) Mr. Brown moved that the above item be recommitted to the Committee on Finance. ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 140 THEODORE E. MARKS, PETITION TO USE 752 ELMWOOD AVENUE - TAKE OUT RESTAURANT (ITEM NO. 98, C.C.P., JUNE 27, 2000) That after the public hearing before the Committee on Legislation on July 5, 2000, the petition of Theodore E. Marks, agent, for permission to use 752 Elmwood Avenue for a take out restaurant be, and hereby is approved. PASSED. AYES -12 NOES - 0 NO. 141 CHRISTINE HAYDEN, PETITION TO USE 257 FOREST - GAS STATION/STORE (ITEM NO. 99, C.C.P., JUNE 27, 2000) That after the public hearing before the Committee on Legislation on July 5, 2000, the petition of Christine Hayden, agent, for permission to use 257 Forest Avenue for a gas station and store be, and hereby is approved with the conditions that landscaping be placed on the comer with the pylon and with conditions as to be determined by the Planning Board. PASSED AYES -12 NOES - 0 NO. 142 ANDREA BINNER, PETITION TO USE 1431 KENSINGTON - HUMAN SERVICES FACILITY (ITEM NO. 101, C. C.P., JUNE 27, 2000) That after the public hearing before the Committee on Page 63 00-0711.txt Legislation on July 5, 2000, the petition of Andrea Binner, agent, for permission to use 1431 Kensington Avenue for a human services facility be, and hereby is approved. PASSED AYES -12 NOES - 0 NO. 143 NOMINATE MEMBERS TO THE COMMISSION OF CITIZENS RIGHTS AND COMMUNITY RELATIONS (ITEM NO. 4, C.C.P., JUNE 27, 2000) That the nominations of the following individuals to the Commission on Citizens Rights and Community Relations for the following terms be, and they hereby are confirmed: Three Year Term: Lana Benatovich, 43 Middlesex Avenue Leeland N. Jones, Jr., 89 East Depew Two Year Term: Joseph S. DeJames Maldonado, M.D., 218 Clinton Street Loretta Renford, 95 Mapleridge One Year Term: Jack C. Anthony, 91 Greenfield Street Ross T. Runfola, 96 Cleveland Avenue LaVonne Ansari, 815 Auburn Avenue. That the remaining nominees remain tabled in the Committee on Legislation. PASSED AYES -12 NOES - 0 NO. 144 RE-APPOINT MEMBER TO THE BUFFALO BOARD OF ETHICS (ITEM NO. 1, C. C.P., MAY 2, 2000) That the re-appointment of Richard T. Sullivan, residing at 223 Depew Avenue, as a member of the Buffalo Board of Ethics for a term commencing September 5, t999 and expiring September 4, 2004 be, and hereby is approved. PASSED AYES -12 NOES - 0 NO. 145 APPOINTMENT OF COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS, COMMUNITY SERVICES, PERMIT AND INSPECTION SERVICES (ITEM NO. 1, C.C.P., JUNE 27, 2000) That the appointment of Joseph N. Giambra, residing at 22 Taunton Place, as Commissioner of Public Works, Parks and Streets; of Donald 0. Allen, residing at 232 Sycamore Street, as Commissioner of Community Services; of Raymond K. McGurn, residing at 48 Narragansett Road as Commissioner of Permit and Inspection Services effective July 1, 2000 be, and hereby is confirmed. PASSED AYES -12 NOES - 0 NO. 146 RE-APPOINTMENT MEMBER TO THE BUFFALO MUNICIPAL CIVIL SERVICE COMMISSION (ITEM NO. 3, C.C.P., JUNE 27, 2000) That the re-appointment of Edward J. Mahoney, residing at 131 Coolidge Road, as a member of the Buffalo Municipal Civil Service Commission for a term expiring June 30, 2001 be, and hereby is approved. PASSED Page 64 00-0711.txt AYES -12 NOES - 0 NO. 147 ORDINANCE AMENDMENT - CHAPTER 103 - BUILDING CONSTRUCTION AND DEMOLITION; FIRE PREVENTION (ITEM NO. 250, C.C.P., JUNE 13, 2000) That the Ordinance Amendment as contained in Item No. 250, C.C.P., June 13, 2000, be and the same hereby is approved. PASSED AYES -12 NOES - 0 NO. 148 ORDINANCE AMENDMENT - OUTSIDE FURNITURE (ITEM NO. 184, C.C.P., JUNE 27, 2000) That this Common Council requests that the Corporation Counsel to review this resolution and draft and file for this Council's consideration, the appropriate ordinance amendment banning the use of stuffed fabric furniture on outside front porches in the City of Buffalo. ADOPTED NO. 149 FINAL GAMING REPORT W/AMENDMENTS (BERC) (CCP#76-APR. 18, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 150 CHARGES FOR DOCKAGE ALONG BUFFALO HARBOR (PW) (CCP#33-APR. 18, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 151 BFLO. LIB. ACCESSIBILITY (PW) (CCP#21 -JUNE 27, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 152 MITIGATION OF PERMIT FEES FOR FENCES (D &/0 O2-T:-S (ITEM NO. 175, C.C.P., JUNE 27, 2000) That the Council requests the Law Department to prepare the change as an amendment to the Code of the City of Buffalo Chapter 175 as it pertains to 10342 Building Permits. ADOPTED. NO. 153 S. SPRANDEO-REQ. FOR ALT. PKG.-WEST AVE. (CCP#93-JUNE 13, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 154 P. CAPUTO-OBJECTION-ALT. PKG. TYPE ONE (CCP#84-JUNE 27, 00) Page 65 00-0711.txt That the above item be and the same hereby is received and filed. ADOPTED NO. 155 RESTAURANT DANCING CLASS IV - 951 ELMWOOD AVENUE (ITEM NO. 53, C.C.P., JUNE 27, 2000) That pursuant to Chapter 150 of the City Code, the Director of Inspections, Licenses and Permits be, and he hereby is authorized to grant a Restaurant Dancing Class IV License to Christopher Nelson, d/b/a Oasis located at 951 Elmwood Avenue. PASSED AYES -12 NOES - 0 NO. 156 SIDEWALK CAFE - 1292 HERTEL AVENUE (ITEM NO. 33, C.C.P., JUNE 27, 2000) That the Commissioner of Public Works be, and he hereby is authorized to issue a 94mere license" to Ms. Susan Semeraro, owner of Romeo's Cafe, located at 1292 Hertel 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 eight feet (8') 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 thiirty cents ($1.30) per square foot of City right-of-way occupied by said sidewalk caf‚ as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. PASSED AYES -12 NOES - 0 NO. 157 JEFFERSON AVENUE AT EAST UTICA STREET - NEWSTAND WITHIN RIGHT-OF-WAY (ITEM NO. 3 1, C.C.P., JUNE 27, 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 or Legislation. ADOPTED. Page 66 00-0711.txt COMMUNITY DEVELOPMENT (BEVERLY A. GRAY, CHAIRPERSON) NO.158 Connecticut Street Redevelopment Project - LDA - People, Inc. (Item No. 46, C. C. P., June 27, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Ms. Gray Moved: That the above item be and the same hereby is approved. PASSED AYES-12-NOES-0 No.159 26th Year CDBG Funding (Mayor) (CCP#2-Apr. 4, 00) That the above item be and the same hereby is received and filed. ADOPTED No.160 500-5 18 Main St. aka Berger Bldg. (CD) (CCP#49-Dec. 14, 99) That the above item be and the same hereby is received and filed. ADOPTED No.161 L. Costa-Berger Bldg. Project (CCP#86-Dec. 14, 99) That the above item be and the same hereby is received and filed. ADOPTED No.162 C. Palladino-Berger Bldg. Project (CCP#93 -Dec. 28, 99) That the above item be and the same hereby is received and filed. ADOPTED No.163 Ownership Near Berger Bldg. (Law) (CCP# I 7-Jan. 11, 00) That the above item be and the same hereby is received and filed. ADOPTED No.164 Ownership Near Berger Bldg. (Law) (CCP#33-Jan. 25, 00) That the above item be and the same hereby is received and filed. ADOPTED No.165 Berger Bldg. (CD) (CCP#38-Jan. 25, 00) That the above item be and the same hereby is received and filed. ADOPTED No.166 Page 67 00-0711.txt Questions Pertaining to 303 North St. & Berger's Bldg. (CD) (CCP#50-Mar. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED No.167 Sale of Old Bailey Avenue to Iron Mountain Corporation (Item No. 246, C.C.P., June 13, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Ms. Gray moved that the above item be and the same hereby is received and filed. ADOPTED No.168 R. Marino, NYSDEC, Reg. Of Haz. Waste Disposal Site- 858 E. Ferry St. (CCP#85-Apr. 4, 00) That the above item be and the same hereby is received and filed. ADOPTED No.169 Reg. Of Haz. Waste Disposal Site-858 E. Ferry St. (CD) (CCP#60-Apr. 18, 00) That the above item be and the same hereby is received and filed. ADOPTED No.170 Reg, Of Haz. Waste Disposal Site- 1382 Niagara St. (CD) (CCP#61 -Apr. 18, 00) That the above item be and the same hereby is received and filed. ADOPTED No.171 R. Marino, NYSDEC, Reg. Of Haz. Waste Disposal Site-1382 Niagara St. (CCP#86-Apr. 4, 00) That the above item be and the same hereby is received and filed. ADOPTED No.172 Reg. Of Hazardous Waste Disposal Site-1382 Niagara St (CD) (CCP#52-May 2, 00) That the above item be and the same hereby is received and filed. ADOPTED No.173 P. Smith-SEQRA Rev.-City of Lackawanna Compre. Plan, Zoning Ord./Design (CCP#95-May 16, 00) That the above item be and the same hereby is received and filed. ADOPTED Page 68 00-0711.txt No.174 M. Williams-Homesteading-307 E. North St. (CCP#97-June 27, 00) That the above item be and the same hereby is received and filed. ADOPTED NO.175 307 E. North Street - Homestead (Item No. 196, C. C.P., June 27, 2000) That this Common Council does hereby request the Department of Community Development, Division of In Rem to report back to this Council on the status of the property located at 307 E. North Street for the purposes of homesteading this property to Michael Williams, property owner at 309 E. North Street. ADOPTED. Education (Charley H. Fisher, III, Chairman) No.176 I. Masters, Support Reopening of Cornerstone Manor (CCP#79-May 2, 00) That the above item be and the same hereby is received and filed. ADOPTED No.177 Cornerstone Manor Meeting (Bd. Ed.) (CCP#66-May 16, 00) That the above item be and the same hereby is received and filed. ADOPTED No.178 Restoration of Education Classes-Cornerstone Manor (CCP#184-May 16, 00) That the above item be and the same hereby is received and filed. ADOPTED No.179 L. Warkentin-Buffalo City Mission Safe House (CCP#87-May 2, 00) That the above item be and the same hereby is received and filed. ADOPTED Special Committees TAXI CAB & LIVERY AD HOC (Beverly A. Gray, Chairperson) No.180 Ord. Amend.-Chapter 437-Taxicabs & Liveries (CCP# I 77-May 16, 00) That the above item be and the same hereby is received and filed. ADOPTED No.181 Taxicab Petition (CCP#25-June 13, 00) That the above item be and the same hereby is received and Page 69 00-0711.txt filed. ADOPTED No.182 B. Gray-Taxi Cab Rate Increases (#84, 3/7) (CCP#135-June 13, 00) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS No.183 Bond Resolution $40,000 Bonds Police Headquarters-Cellblocks Account No. 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $40,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of the Police Headquarters building, in the City, at the estimated maximum cost of $40,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Forty Thousand Dollars ($40,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of partial reconstruction of the Police Headquarters building, in the City, including cellblock improvements. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $40,000 as set forth in the duly adopted Capital Improvements Budgets of said City for fiscal year 20010/01, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Police Headquarters Cellblock Improvements, 2000-0 1, " Account No. 3000-32, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $40,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building to be partially reconstructed is of at least Class "B" construction, as defined by Section 11. 00 a. 11 (b) of the Law and the period of probable usefulness applicable to the specific object or purpose for which the Page 70 00-0711.txt bonds authorized by this resolution are to be issued, within the limitations of Section 11. 00 a. 12(a)(2) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only 1: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: July 11, 2000 LAID ON THE TABLE No.184 Bond Resolution $100,000 Bonds Historical Society Electrical Improvements Account No. 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $100,000 General Improvement Bonds of said City, to finance the cost of electrical improvements of the Historical Society building in Delaware Park, in the City, at the estimated maximum cost of $100,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Thousand Dollars ($100,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of electrical improvements to the Historical Society Building in Page 71 00-0711.txt Delaware Park, in the City. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $100,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2000-01, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, " Historical Society Electrical Improvements, 2000-0l," Account No. 3000-32, and shall be used for the specific object or purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $100,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements, of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific (object or purpose which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 13 of the Local Finance Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the Page 72 00-0711.txt provisions of the constitution. LAID ON THE TABLE No.185 Bond Resolution $150,000 Bonds Fire Department Headquarters Reconstruc. Account No. 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $150,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of the Fire Department Headquarters building, in the City, at the estimated maximum cost of $150,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Fifty Thousand Dollars ($150,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of partial reconstruction of the Fire Department Headquarters building located on Court and Staat Streets including a new roof. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $150,000 as set forth in the duly adopted Capital Improvements Budgets of said City for fiscal year 2000/01, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, ` Fire Department Headquarters Reconstr., 2000-0l," Account No. 3000-32, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $150,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and -stated: (a) The existing building to be partially reconstructed is of at least Class "B" construction, as defined by Section 11. 00 a. I I (b) of the Law and the period of probable.- usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12(a)(2) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down. payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Page 73 00-0711.txt Section 5. Each of the bonds authorized by this resolution and any bond. anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. LAID ON THE TABLE NO. 186 BY: MR. BROWN: BOND RESOLUTION $215,000 BONDS ZOO FACILITIES RECONSTRUCTION ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $215,000 General Improvement Bonds of said City to finance the cost of partial reconstruction of various buildings and exhibits at the Buffalo Zoo, in the City, at the estimated total cost of $215,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Fifteen Thousand Dollars ($215,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of partial reconstruction of various buildings and exhibits at the Buffalo Zoo, in the City, including roofing and masonry restoration. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $215,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal Page 74 00-0711.txt year 2000-01, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Zoo Facilities Reconstr. 2000-01 ", Bond Authorization Account No. 3000-32, and shall be used for the class of objects or purposes specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $215,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 91 of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a)Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c)Such obligations are authorized in violation of the provisions of the constitution. Introduced: July 11, 2000 LAID ON THE TABLE NO. 187 BY: MR. BROWN BOND RESOLUTION Page 75 00-0711.txt $250,000 BONDS CONSTRUCTION DELAVAN-MOSELLE CENTER ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $250,000 General Improvement Bonds of said City, to finance the additional cost of construction of an addition to the Delavan-Moselle Community Center, at the estimated maximum cost of $3,914,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Fifty Thousand ($250,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the additional cost of construction of an addition to the Delavan-Moselle Community Center located at 660 Moselle Street. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $3,914,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2000-01, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Delavan Moselle Center, 2000-01 ", Bond Authorization Account No. 3000-32, and shall be used for the purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $250,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefullness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12. (a)(2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall Page 76 00-0711.txt be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c)such obligations are authorized in violation of the provisions of the constitution. Introduced: July 11, 2000 LAID ON THE TABLE NO. 188 BY: MR. BROWN: BOND RESOLUTION $400,000 BONDS EXPANSION EDWARD SAUNDERS UNITY BUILDING ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $400,000 General Improvement Bonds of said City, to finance the cost of construction of an addition to the Ed Saunders Unity Building, in the University District, at the estimated maximum cost of $400,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Four Hundred Thousand Dollars ($400,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of construction of an addition to the Ed Saunders Unity Building in the University District, including construction of a second floor. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $400,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2000-01, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in Page 77 00-0711.txt the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Edward Saunders Unity Bldg. Expansion, 2000-01 ", Bond Authorization Account No. 3000-32, and shall be used for the purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $400,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B " construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12.(a)(2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or such obligations are authorized in violation of the provisions of the constitution. Introduced: July 11, 2000 LAID ON THE TABLE NO. 189 BY: MR. BROWN: BOND RESOLUTION $453,000 BONDS SHEA'S EXTERIOR RESTORATION ACCOUNT NO. 3000-32 Page 78 00-0711.txt Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $453,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of Shea's Center for the Performing Arts, at the estimated maximum cost of $453,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Four Hundred Fifty Three Thousand Dollars ($453,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of partial reconstruction of Shea's Center for the Performing Arts, including exterior building restoration of the terra cotta, stairs and fire exists and exterior brick. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $453,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2000-01, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Shea's Theater Exterior Restoration, 2000-01," Account No. 3000-32, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $453,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) Said building is of at least Class "B" construction, as defined by Section 11.00 a.11(b) of the Law and the period of probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.12(a)(2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby Page 79 00-0711.txt irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c)such obligations are authorized in violation of the provisions of the constitution. Introduced: July 11, 2000 LAID ON THE TABLE NO. 190 BY: MR. BROWN: BOND RESOLUTION $500,000 BONDS CITY COURT RECONSTRUCTION ACCOUNT NO. 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $500,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of the City Court Building, at the estimated maximum cost of $500,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Five Hundred Thousand Dollars ($500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of partial reconstruction of the City Court Building pursuant to mandates of the State Office of Court Administration, including restoration of existing finishes, exterior sealant, window replacement and plaza reconstruction. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $500,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2000-01, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "City Court Reconstr., 2000-0l," Account No. 3000-32, and shall be used for the specific object or purpose specified in Section 1 of this Page 80 00-0711.txt resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $500,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The building to be partially reconstructed is of at least Class "B" construction, as defined by Section 11.00 a.11(b) of the Law and the period of probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.12(a)(2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c)such obligations are authorized in violation of the provisions of the constitution. Introduced: July 11, 2000 LAID ON THE TABLE NO. 191 BY: MR. BROWN: BOND RESOLUTION $500,000 BONDS MACHNICA CENTER CONSTRUCTION ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $500,000 General Improvement Page 81 00-0711.txt Bonds of said City, to finance the additional cost of the partial reconstruction of the Peter Machnica Community Center, located at 1799 Clinton Street, in the City, at the estimated maximum cost of $500,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Five Hundred Thousand Dollars ($500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the additional cost of the partial reconstruction of the Machnica Community Center, located at 1799 Clinton Street, in the City, including expansion of the existing gymnasium and handicapped access improvements. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $500,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2000-01, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Machnica Center Constr, 2000-01 ", Bond Authorization Account No. 3000-32, and shall be used for the purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $500,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B " construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12.(a)(2) of the Local Finance Law, is fifteen (15) years, provided that the maximum term of such bonds shall not extend beyond February 19, 2012. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to Page 82 00-0711.txt both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: July 11, 2000 LAID ON THE TABLE NO. 192 BY: MR. BROWN: BOND RESOLUTION $1,000,000 BONDS APOLLO THEATER RECONSTRUCTION ACCOUNT NO. 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,000,000 General Improvement Bonds of said City to finance the cost of the partial reconstruction of the Apollo Theater Building located at 1346 Jefferson Avenue for use by the Office of Telecommunications, at the estimated maximum cost of $1,000,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Million Dollars ($1,000,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the partial reconstruction of the Apollo Theater Building located at 1346 Jefferson Avenue, including equipment and furnishings, for use by the Office of Telecommunications in connection with public access television. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,000,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2000-01, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in Page 83 00-0711.txt anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Division of Development, "Purchase Equipment-Apollo Technology Center, 2000-01 " Account No. 3000-32, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $1,000,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12. (a) (2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c)such obligations are authorized in violation of the provisions of the constitution. Introduced: July 11, 2000 LAID ON THE TABLE NO. 193 BY: MR. BROWN: BOND RESOLUTION $2,000,000 BONDS S.BFLO COMM. CTR./LIBRARY/SCHOOL Page 84 00-0711.txt ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $2,000,000 General Improvement Bonds of said City, to finance the cost of construction of the South Buffalo Community Center located at 2219 South Park Avenue, in the City, at the estimated maximum cost of $5,500,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Million Dollars ($2,000,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of construction of the South Buffalo Community Center located at 2219 South Park Avenue, in the City. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $5,500,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2000-01, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "South Buffalo Comm Ctr/Library/School, 2000-0 1 ", Bond Authorization Account No. 3000-32, and shall be used for the if purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $2,000,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby determined and stated: (a) The building to be constructed will be of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or Page 85 00-0711.txt amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if. (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: July 11, 2000 LAID ON THE TABLE NO. 194 BY: MR. BROWN: BOND RESOLUTION $2,000,000 BONDS SUBSTANCE ABUSE PREVENTION FACILITY ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $2,000,000 General Improvement Bonds of said City, to finance the cost of the reconstruction of the existing building located at 240 Kensington Avenue, in the City, to provide a Drug Treatment Facility, at the estimated maximum cost of $3,125,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Million Dollars ($2,000,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the reconstruction of the existing building located at 240 Kensington Avenue, in the City, to provide a Drug Treatment Facility. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $3,125,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2000-01, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Substance Abuse Prevention Facility", Bond Authorization Account No. 3000-32, and shall be used for the purpose specified in Page 86 00-0711.txt Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $2,000,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class " B " construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12. (a) (2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: July 11, 2000 LAID ON THE TABLE NO. 195 BY: MR. BROWN: BOND RESOLUTION $2,000,000 BONDS TOSH COLLINS COMM. CTR. EXPANSION ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $2,000,000 General Page 87 00-0711.txt Improvement Bonds of said City, to finance the cost of the partial reconstruction of the Tosh Collins Community Center located at Cazenovia Street and Abbott Road, in the City, at the estimated maximum cost of $3,000,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Million Dollars ($2,000,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of the partial reconstruction of the Tosh Collins Community Center located at Cazenovia Street and Abbott Road, in the City. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $3,000,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2000-01, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Tosh Collins Center Expansion, 2000-01 ", Bond Authorization Account No. 3000-32, and shall be used for the purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $2,000,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building to be partially reconstructed is of Class "B" construction as defined by Section 11. 00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12.(a)(2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby Page 88 00-0711.txt irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a)such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c)such obligations are authorized in violation of the provisions of the constitution. Introduced: July 11, 2000 LAID ON THE TABLE NO. 196 BY: MR. BROWN CREATION OF A BED AND BREAKFAST SMALL BUSINESS INITIATIVE IN THE CITY OF BUFFALO'S HISTORIC PRESERVATION DISTRICTS Whereas:There are seven Historic Preservation Districts in the City of Buffalo Hamlin Park, Allentown, Delaware Avenue, Linwood Avenue, Linwood Oxford, West Village and Joseph Ellicott; and Whereas:The city's historic districts are experiencing an influx of visitors due to cultural and architectural tourism and college visitation; and Whereas:There are an insufficient number of hotels and motels in these areas and visitors have to seek lodging out of these districts and sometimes outside the City of Buffalo; and Whereas:Small individually owned Bed and Breakfast establishments would provide lodging and benefit from economic patronage while preserving the housing stock and character of these historic districts; Now, Therefore, Be It Resolved: That the Office of Strategic Planning develop and file with this common Council a program to provide incentives to local homeowners who wish to convert their residences in historic districts to bed and breakfast establishments. REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL AND COMMISSIONER OF STRATEGIC PLANNING NO. 197 BY:MR. BROWN HEARING ON NEWS MEDIA COVERAGE IN BUFFALO Whereas:A considerable number of residents of the City of Buffalo signed a petition on July 4, 2000 expressing concern about what they believe is negative reporting on Africa n-Americans by the Buffalo News in recent weeks, particularly the story "Mean Streets" that appeared on the front page on Sunday, July 2, 2000; and Whereas:Members of the African-American community in Page 89 00-0711.txt Buffalo have conveyed that they are deeply troubled that comparative coverage of other communities in this region during the same time period by this same newspaper appears to be much more balanced; and Whereas:These community residents believe that these images are harmful to minorities in general and minority youth in particular, placing them at a disadvantage when it comes to employment and other opportunities in the City of Buffalo and throughout the Buffalo-Niagara region; and Whereas:The problem of differential reporting on African-Americans and other minorities is nothing new, this practice can negatively stigmatize an entiregroup of people and must be periodically addressed; and Whereas:The people of the city of Buffalo and throughout the region deserve better images of all people to help create communities and a region that respects diversity and is livable and productive for us all; Now, Therefore, Be It Resolved: That this Common Council request that the Commission on Citizens Rights and Community Relations and the National Conference for Community and Justice hold a special hearing with editorial representatives of the Buffalo News, other media outlets, and citizens to address concerns of negative reporting on African Americans and other minorities in the Buffalo-Niagara Region; and Be It Further Resolved: That the City Clerk be directed to send certified copies of this resolution to the Commission on Citizen Rights and Community Relations, the National Conference for Community and Justice and the Buffalo News. REFERRED TO COMMITTEE ON CITIZEN RIGHTS NO. 198 BY: MR. BROWN IMPLEMENTATION OF MINORITY HIRING GOALS ON MASTEN DISTRICT PROJECTS Whereas:The population of the Masten District is over 90% Africa n-American and some census tracts within the district have unemployment rates of more than 20%; and Whereas:Given these facts, it is crucial that Masten District projects undertaken with taxpayer dollars provide employment for district residents; and WhereasThis is a matter of justice, backed by federal law, that can have a major impact on the community; and Whereas:Establishing reasonable goals for minority/female workforce hiring and MBE/WBE participation is an important part of insuring that the economic benefits of projects in the Masten District are maximized for district residents; and Now, Therefore, Be It Resolved That This Common Council request the Commissioner of Public Works to establish reasonable goals for minority and female workforce hiring and MBE/WBE Participation for the following projects in the Masten District: -Martin Luther King Jr. Wading Pool -North Jefferson Library -Comprehensive Substance Abuse Prevention Facility -60 Hedley Place -Repairs to the Masten Community Action Organization -Repairs to Manhattan Park Replacement of Filmore Avenue sidewalks; and Be It Further Resolved That: That Hiring goals be set as follows: Minority Hiring 25% Female Hiring 7% MBE Participation - 20% WBE Participation - 5% and; Be It Further Resolved That: The hiring goals are to apply to Page 90 00-0711.txt employees working on the projects in question and not to other employees of the contractor; and Be It Further Resolved That: Contractors be required to list the MBE/WBE subcontractors they will be using on a project as part of their bid for the project and Be It Finally Resolved That: These hiring and participation goals be included in the contract specifications for these projects and sent as an addendum for the projects for which the specifications have already been distributed. ADOPTED NO. 199 BY: MR. BROWN REQUEST TO DEVELOP AN EFFECTIVE GRASS CUTTING PLAN Whereas:The increased rain fall this year has added to the rapid growth of the city's green spaces; and Whereas:The City of Buffalo has 11,000 vacant lots that have to be maintained in order to prevent neighborhood eyesores, which tend to encourage blight and health hazards such as, the proliferation of rodents, mosquitoes, and other insects; and Whereas:Lots that are not maintained tend to also be used as dumping sites and incubate disease and squalor; and Whereas: The maintenance of City lot is not a function of the Common Council, Council Offices routinely receive numerous complaints about overgrown,vacant city-owned lots; and Whereas: Establishing a sound plan is essential to successfully accomplishing any task; and Whereas: The City of Buffalo has developed a master plan for community development, a snow plan to improve snow removal; but has not to this Council's knowledge developed and presented in written form, an effective grass cutting plan; Now, Therefore, Be It Resolved: That this Common Council requests that the Department of Public Works file with this Council a report indicating whether or not a effective grass cutting plan currently exists; and Be It Further Resolved: That if no effective grass cutting plan is currently in place, this Council requests that the Department of Public Works begin immediately fashioning a plan to be filed with the Council no later than 2:00 PM, Thursday, July 20, 2000. REFERRED TO THE COMMITTEE ON FINANCE AND COMMISSIONER OF PUBLIC WORKS NO. 200 BY: MR. BROWN REQUEST HEARING ON LICENSES FOR THE YCR SOCIAL CLUB Whereas: The YCR Social Club, at 817 E. Delavan Avenue, was the site of a fatal shooting on July 1, 2000; and Whereas: This private club has also been the subject of numerous complaints regarding illicit and illegal activities; and Whereas: It has been reported that this facility is being used as a strip club, and that the actions of club patrons have been very disruptive to the neighbors of the facility; Now, Therefore, Be It Resolved That: This Common Council requests the Director of Permits and Inspection Services to hold a hearing as soon as possible to Page 91 00-0711.txt review complaints of illegal activity that may result in the revocation of any and all licenses For the YCR Social Club at 8 17 East Delavan Avenue; and Be It Further Resolved That: This Council requests that the Director of Permits and Inspection Services notify all residents, businesses and churches within a 3 block radius of 817 East Delavan Avenue as soon as the time, date and place of the hearing are set. REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PERMITS AND INSPECTIONS AND CORPERATION COUNSEL NO.201 BY MR. BROWN IMPLEMENT SMALL BUSINESS NON-HOMESTEAD RATE REDUCTION PROGRAM Whereas :The presence of a number of small businesses is one indicator of the economic vitality of a community; and Whereas: It is important for the City of Buffalo to continue to implement policies that are conducive to creating an environment that sustains the current level of small business activity and provides incentives to attract more businesses; and Whereas: To help even out the tax burden for businesses which now make up 38% of the tax roll and pay 51% of taxes, City officials have cut $2.02 from the tax rate for non-homestead properties; and Whereas: The City is presently undergoing a property reassessment process that will reexamine the value of all property in the city to reflect current market value; and Whereas: The implementation of an even greater discount for businesses with the owners residing at the same location could be an additional benefit designed to make doing business and living in the City of Buffalo more attractive; Now, Therefore, Be It Resolved: That the Departments of Assessment and Administration and Finance, be requested to investigate the possibility of implementing a discount on property taxes in cases where small business owner resides on the same parcel as their place of business Be It Further Resolved: That the Department of Assessment make a determination of which City, or State, entity is empowered to designate a property as homestead or nonhomestead and notify this Common Council as to the procedures needed to revise the assignment of tax rates to mixed-use properties; and Be It Further Resolved: The Department of Assessment Administration and Finance, be requested to file a response to this resolution no later than Tuesday, September 5, 2000; and Be It Finally Resolved: That certified copies of this resolution be sent of the Department of Assessment, the Department of Administration and Finance, New York State Office of Real Property Services, and the New York State Comptroller's Office. Adopt two Final Resolves and Remainder to Committee on Finance and Committee and Corporation Counsel No.202 By Mr. Coppola Ordinance Amendment Chapter 167 - Elevators Page 92 00-0711.txt The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 167 of the Code of the City of Buffalo be amended to read as follows: Chapter 167 Elevators. and Conveyances Section 167-1 [Definitions] General Provisions A. Equipment Covered By This Chapter. All equipment in accordance with, and contained within, Sub-Chapter G, Part 1250, Generally Accepted Referenced Standards, of the current edition of The New York State Uniform Fire Prevention and Building Code. B. Applicability. This Chapter covers the design, construction, operation, inspection, testing, maintenance, alteration, and repair of all listed equipment, their associated parts, and their hoistways, when located in or adjacent to a building or structure. Compliance with the applicable provisions of a Generally Accepted Referenced Standard shall constitute compliance with this Chapter and the New York State Uniform Fire Prevention and Building Code. C. Purpose and Exceptions. The purpose of this Chapter is to provide for the health and safety of the general public, and to protect the public welfare. The provisions of this Chapter are not intended to prevent the use of systems, methods, or devices _of equivalent or superior quality, strength, fire resistance, RS-60, ASME-ANSI A 17. 1 Code effectiveness, durability, and safety to those prescribed by the A 17. 1 Code, provided that there is technical documentation to demonstrate the equivalency of such system, method, o device. The specific requirements of the ASME-ANSI A 17.1 Code may be modified by the authority having jurisdiction based upon technical documentation or physical performance verification to allow alternative arrangements that will assure safety equivalent to that which would be provided by conformance to the corresponding requirements of the ASME-ANSI A 17.1 Code. JA) D. Definitions. Except as otherwise expressly provided, the following words, wherever used in this chapter, shall have the following meanings: ADMINISTRATORS - The [Commissioner of Inspections and Community Revitalization] Commissioner of Pen-nit and Inspection Services and the Commissioner of Public Works or their designees. ASME - ANSI A17. I Elevator Safety Code - (also known as Referenced Standard -60 and/or RS-60) produced by the American Society of Mechanical Engineers, in conjunction with The American National Standard-Institute. The National Safety Code for Elevators and Escalators, as adopted by The New York State Department of State. (see Title 19, NYCRR of the New York State Uniform Fire Prevention and Building Code.) BOARD - The Elevator Safety Review Board described in section 167-3 of this chapter. CONVEYANCE - Any equipment listed in the current edition of The New York State Uniform Fire Prevention and Building Code,* Generally Accepted Standards, Part 1250, including but not limited to-, any elevator, dumbwaiter, escalator, moving sidewalk or wheelchair lift, including vertical wheelchair lifts, inclined wheelchair lifts and inclined stairway chairlifts. DORMANT ELEVATOR, DUMBWAITER OR ESCALATOR - Any elevator or dumbwaiter whose cables have been Page 93 00-0711.txt removed, whose car and counterweight rests at the bottom of the shaftway and whose shaftway doors are permanently boarded up or barricaded on the inside or an escalator whose main power feed lines have been disconnected or a hydraulic elevator whose operating fluids (oil, water, etc.) have been removed from the system and the supply line broken and capped. ELEVATOR - A hoisting or lowering mechanism, equipped with a car or platform, which moves in guide rails and serves two (2) or more landings as [described in ANSI/S] covered in Section 167-1 (A) of this chapter. [ELEVATOR INSPECTOR - Any-person who possesses an elevator inspector's license in accordance with the provisions of this chapter and who is engaged in the business of inspecting elevators or related mechanisms covered by this chapter.] ELEVATOR INSTALLER - Any person, firm, or corporation who possesses an elevator installer's license in accordance with the provisions of Section 167-6 and who is engaged in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining elevators or related mechanisms covered by this chapter. ESCALATOR - A power- driven, inclined, continuous stairway used for raising or lowering passengers. EXISTING INSTALLATION - An installation that has been completed or is under construction prior to the effective date of this chapter. GENERALLY ACCEPTED REFERENCED STANDARDS - A specification, code, rule, guide or procedure in the field of construction, or related field thereto, recognized as authoritative. Compliance with the applicable provisions of a Referenced Standard shall constitute compliance with this Chapter and the New York State Uniform Fire Prevention and Building Code. INDIVIDUAL LIN41TED INSTALLERS LICENSE - A written license which is issued to an individual self-employed or employed by a licensed firm or company. The individual whom has proven their qualifications and ability through examination. The license shall entitle the holder thereof to engage in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining vertical-and inclined wheelchair lifts, inclined stairway chairlifts within any structure, including but not limited to private residences. Fees as set forth in Chapter 175, Fees shall be paid for said license. INSPECTOR'S LICENSE - A license which is issued to a QEI certified elevator inspector who has proven his/her qualifications and ability and has been authorized by the Elevator Safety Review Board to posses this type of license. It shall entitle the holder thereof to engage in the business of inspecting elevators or related mechanisms covered by this chapter. INSTALLATION - A complete elevator, dumbwaiter, escalator, material lift, inclined lift, o moving walk including its hoistway, hoistway enclosures and related construction, and all machinery and equipment necessary for its operation. INSTALLER'S LICENSE- A license which is issued to an elevator installer who has proven his/her qualifications and ability and has been authorized by the Elevator Safety Review Board to posses this type of license. It shall entitle the holder thereof to engage in the business of erecting, constructing, installing, altering, servicing, repairing, or Page 94 00-0711.txt maintaining elevators or related equipment covered by this chapter. LICENSE - A written license, duly issued by the [Director of Licenses] Commissioner of Permit and Inspection Services, authorizing a person, firm or company to carry on the business of erecting, constructing, installing, altering, servicing, repairing or maintaining or performing inspections of elevators or related mechanisms covered by this chapter LICENSEE - The elevator inspector, [and or] elevator installer, and or Limited Installer. LIMITED INSTALLER'S LICENSE - A written license, duly issued by the [Director of Licenses], Commissioner of Permit and Inspection Services, authorizing a person, firm, or company who employs a licensed individual installer to carry on the business of erecting, constructing, installing, altering, servicing, repairing or maintaining vertical wheelchair lifts, inclined wheelchair lifts, and inclined stairway chairlifts within any building or structure, including but not limited to private residences. The aforementioned wheelchair lifts and chairlifts shall conform to the requirements of ANSI A 17 1, Part XXI, Sections 2100 - 2202, and may not exceed ten feet (10 ft.) nor penetrate a floor for private residences and conform to the requirements of ANSI A171, Part XX, Section 2000 - 2002, and may not exceed twelve feet (12 ft.) nor penetrate a floor for conveyances other than in private residences. MATERIAL ALTERATION - In accordance with the requirements contained in Section 1200 (Alterations) of the RS-60 Standard. Includes but not limited to an increase in rated load or speed, an increase in dead weight of the car by more than ten percent, (10%) an increase in rate of travel, a change in the type of operation or control, a change in classification from freight to passenger service, an increase in working pressure of more than ten percent (10%) in hydraulic elevators, a change in type of operation in hydraulic elevators or a change in type of control. Requires a Full Final Acceptance Inspection in accordance with the latest edition of ANSI A17.1 Code. (see the permit fee schedule for material alterations as set forth in Chapter 175, Fees.) MOVING SIDEWALK - A type of passenger carrying device on which passengers stand or walk and in which the passenger carrying surface remains parallel to this direction of motion and is uninterrupted as described in ANSI Al 7.1 NEW INSTALLATION - Any installation not classified as an existing installation by definition, or an existing elevator, dumbwaiter, escalator, material lift, inclined lift, or moving walk moved to a new location subsequent to the effective date of this chapter. PENETRATE A FLOOR - To pass through or pierce the floor in such a way that the rectangular opening has four (4) contiguous sides. PRIVATE RESIDENCE - A separate dwelling or a separate apartment in a multiple dwelling which is occupied by members of a single-family unit. QUALIFIED ELEVATOR INSPECTOR (QEI)- Any person, certified in accordance with the ASME QEI-1, Standard for the Qualification of Elevator Inspectors and who possesses an elevator inspector's license in accordance with the provisions of this Chapter, the New York State Uniform Fire Prevention and Building Code and the RS-60 Standard, and any person, firm or company who is engaged in the business of inspecting elevators or related mechanisms covered by Page 95 00-0711.txt this Chapter. REPAIR - The process of rehabilitation or replacement of parts that are basically the same as the original for the purpose of ensuring performance in accordance with the applicable Code requirements. STOP - The level at which passengers or freight can enter or exit the car. E. All other vertical transportation terms are defined in the most current adopted edition of ANSI A 17.1 Code. F. For the purpose of this chapter, the term "elevator" and the term "dumbwaiter" shall also include their hoistways, together with hoistway enclosures and the hoistway door or gates giving entrance thereto and the elevator or dumbwaiter machinery enclosures. Section 167-2 License Required A. No person, firm or company shall erect, construct, alter, and replace. maintain, remove or dismantle, any conveyance contained within buildings or structures within the City of Buffalo or structurally a part thereof unless an- installer's license has been issued as described herein or working under the direct on-site supervision of a person, firm or company who is licensed pursuant to this chapter. A licensed installer is not required for removing or dismantling conveyances which are destroyed as a result of a complete demolition of a secured building or structure whereby no access is permitted therein to endanger the safety and welfare of a person. B. No person, firm or company shall inspect any conveyance within buildings or structures, including but not limited to private residences, within the City of Buffalo or structurally a part thereof unless an inspector's license has been issued as described herein. C. It shall be unlawful for any license holder to utilize both the installer's license and the inspector's license at the same time on any conveyance in order to avoid potential conflicts of interest. Section 167-3 Elevator Safety Review Board A. There is hereby created the Elevator Safety Review Board, herein referred to as the "Board" consisting of [eight (8)] nine (9) members, one (1) of whom shall be the Commissioner of Public Works or his delegate, one (1) of whom shall be the [Commissioner of Inspections and Community Revitalization] Commissioner of Permit and Inspection Services or his delegate, and one of whom shall be the Commissioner of Fire or his delegate. The Mayor shall appoint the remaining six (6)] members of the Board as follows; One (1) representative from a major elevator manufacturing company or it's authorized distributor; one (1) representative from an elevator servicing company; One (1) representative from an insurance company; One (1) representative of the architectural design profession; One (1) representative of the Building Owners and Managers Association (BOMA); and One (1) representative of labor involved in the installation, maintenance and repair of elevators. B. The members constituting such Board shall serve for terms of three (3) years, excluding the [Commissioner of Inspections and Community Revitalization] Commissioner of Pen-Pit and Inspection Services, the Commissioner of Public Works, and the Commissioner of Fire who shall serve continuously. The members shall serve without salary. The Mayor shall appoint one (1) of the members to serve as Chairman. The Chairman shall be the deciding vote in the Page 96 00-0711.txt event of a tie vote. Section 167-4 Meeting of Board The Board shall meet and organize within ten (10) days after the appointment of its members and at such meeting shall. elect one (1) Secretary of the Board to serve during the term to be fixed by the rules and regulations to be adapted by the Board. The Board shall meet regularly once in each month at a time and place to be fixed by it and at such times as it is deemed necessary for the consideration of appeals for licenses and for the transaction of such other business as properly may come before it. Special meetings shall be called as in the rules and regulations provided. Any appointed Board Member absent from (3) three consecutive meetings without being excused by the Chairman may be removed after a hearing before the Mayor. Section 167-5 Powers of Board A. The Board shall be authorized to consult with engineering authorities and organizations concerned with standard safety codes; rules and regulations governing the operation, maintenance, construction, alteration, installation, and/or servicing/inspection of elevators, dumbwalters, escalators etc., and the qualifications which are adequate, reasonable and necessary for the installers and inspectors, Therefore, the Board shall be authorized to recommend the amendments of applicable legislation, when appropriate, to legislators. B. The Board shall also have the authority to grant exceptions and variances from the literal requirements of applicable code and standards, regulations, and/or local legislation in cases where such variances would not jeopardize the public safety and welfare. The Board shall have the authority to hear appeals, hold hearings and decide upon such appeals, as set forth in Section 167-11. for Installer's or Inspector's License A. Installer; Any person, firm or company wishing to engage in the business of elevator, dumbwaiter, escalator, moving sidewalks installation, alteration, service, replacement or maintenance within the City of Buffalo shall make application for a license to install or service conveyances with the [Director of Licenses] Commissioner of Pen-nit and Inspection Services on a form provided by the [Director] Commissioner. B. inspector ; Any person, firm or company wishing to engage in the business of elevator, dumbwaiter, escalator, moving sidewalks, vertical wheelchair lifts, inclined wheelchair lifts, or inclined stairway chairlifts inspections within the City of Buffalo, upon proof of QEI certification shall make application for a license. with the [Director of Licenses] Commissioner of Permit and Inspection Services on a form to be provided by the [Director] Commissioner. C. Limited Installer; Any person, firm or company wishing to engage in the business of vertical wheelchair lifts, inclined wheelchair lifts, or inclined stairway chairlift installation, alteration, service, replacement or maintenance within the City of Buffalo shall make application for a license with the [Director of Licenses] Commissioner of Permit and Inspection Services on a form provided by the [Director] Commissioner. D. Said applications shall contain information for the following provisions; (1) If a person, the name, residence and business address of the applicant. (2) If a partnership, the name, residence and business Page 97 00-0711.txt address of each partner. (3) If a domestic corporation, the name and business address of the corporation and the name and residence address of the principal officer of said corporation; if a corporation other than a domestic corporation, the name and address of an agent located locally who shall be authorized to accept service of process and/or official notices. (4) The number of years the applicant has engaged in the business of installing, inspecting, and/or maintaining or servicing elevators and/or wheelchair lifts. (5) The approximate number of persons, if any, to be employed by the applicant, and if applicable, satisfactory evidence that the employees are or will be covered by workers' compensation insurance. (6) Satisfactory evidence that the applicant is or will be covered by general liability, personal injury and property damage insurance. (7) Criminal records, if any, as verified by the Commissioner of Police. (8) Such other information as the [Director of Licenses] Commissioner of Permit and Inspection Services may reasonably require. Section 167-7 Qualifications of Installers and Inspectors A. Qualifications of Inspectors .- No Inspector's license shall be granted to any person, firm or company unless he or it shall prove. to the satisfaction of the [Commissioner of Inspections & Community Revitalization] Commissioner of Permit and Inspection Services and Commissioner of Public Works, thereinafter referred to as the "administrators," that he or it meets the current ANSI QEI Standards for the Qualifications of Elevator Inspectors. It is not the function or duty of inspectors to make any repairs or adjustments to the equipment, nor to recommend methods or procedures for correction of deficiencies. The Director of Licenses shall grant all licenses to be issued for two (2) years. B. Qualifications of Installers; No license shall be granted to any person, fin-n or company who has not proven their qualifications and abilities. Applicants for Elevator Installers must demonstrate the following qualifications: 1.) An acceptable combination of experience and education credits: Seven (7) years (1750 hours/year) work experience in the elevator industry in construction, maintenance and service/repair, as verified by current and previous employers. 2) Certificates of completion of National Elevator Industry Educational Program (NEIEP) modules, or two year / four year degrees in electronics, engineering or other relevant fields. and 3) A Mechanics Certificate. *Satisfactory completion of a written examination administered by the City of Buffalo. *Evidence of insurability as previously established by the Commissioner of Permit and Inspection Services. * Advance p4yLnent of all application fees as previously established by the Commissioner of Permit and Inspection Services. C. Qualifications of Limited Installers; No license shall be granted to any person, firm or company who has not proven their qualifications and abilities. Applicants - for Individual Limited Installers License must demonstrate the following qualifications: An acceptable combination of experience and education credits: OR five (5) years (1750 hours/year) work experience in the elevator industry in construction, maintenance and Page 98 00-0711.txt service/repair, as verified by current and previous employers, and previous employers of inclined stairway chair lifts and inclined and vertical wheelchair lifts. Satisfactory completion of a written examination administered by the City of Buffalo. *Evidence of insurability as previously established by the Commissioner of Pen-nit and Inspection Services. * Advance payment of all application fees as previously established by the Commissioner of Permit and Inspection Services. Section 167-8 Issuance and Renewal of Licenses; Fees Upon approval of an application by the administrators, the [Director of Licenses] Commissioner of Permit and Inspection Services may issue a license[s]. all of which shall be renewable biennially . The fee for such license[s] or for any renewal thereafter shall be set forth in chapter 175, Fees. Section 167-9 Suspension and Revocation of Licenses. A license issued pursuant to this chapter may be suspended or revoked by the administrators upon verification that any one [I ] or more of the following reasons exist: A. Any false statement as to material matter in the application. B. Fraud, misrepresentation or bribery in securing a license. C. Failure to notify the [Director of Licenses] Commissioner of Permit and Inspection Services and the owner or lessee of an elevator or related mechanisms of any condition not in compliance with this chapter. D. Violation of any provisions of this chapter. Section 167-10 Hearing on Charges; Decision No license shall be suspended or revoked until after a hearing before the-administrators upon notice to the licensee of at least ten (10) days at the last known address appearing on the license, served personally or by registered mail. The notice shall state the date, hour, and place of hearing and set forth a statement of facts constituting the grounds for the charges against the licensee. The administrators shall suspend or revoke the license or dismiss the proceeding. Section 167-11 Appeals Any person whose license is revoked or suspended may appeal from such determination to the Board, which shall within thirty (30) days thereafter, hold a hearing, of which at least fifteen (15) days written notice shall be given to all interested parties. The Board shall, within thirty (30) days after such hearing, issue a decision. Section 167-12 Registration of existing elevators, wheelchair lifts, dumbwaiters, escalators, moving sidewalks and any other conveyance Within thirty (30) days after the date of the appointment of the Board, the owner or lessee of every existing conveyance shall register with the [Director of Licenses] Commissioner of Permit and Inspection Services each such elevator, dumbwaiter, wheelchair lift, and escalator owned and operated by him, giving the type, rated load and speed, name of manufacturer, its location and the purpose for which it is used and such information as the [Director of Licenses] Commissioner of Permit and Inspection Services may require. Elevators, dumbwaiters, wheelchair lifts, escalators and moving sidewalks or other conveyances upon which construction has [whose erection is] begun subsequent to the date of the creation of the Board shall be registered within not more than seven (7) days after they are completed and placed in service. Page 99 00-0711.txt Section 167-13 Compliance with New York State Uniform Fire Prevention and Building Code A. It shall be the responsibility of property owners, individuals, firms or companies licensed as described above to ensure that installation, service, operation and maintenance of elevators is in accordance with the provisions contained in Part 1062 of the New York State Fire Prevention and Building Code incorporated in Chapter 167.1 of this Code and/or in accord with generally accepted standards referenced in Part 1250.4 of said code and to be prepared to certify such compliance. B. Whenever a provision in this chapter is found to be inconsistent with any provision of the applicable local or state law, code or regulation, the state law shall prevail. This chapter, unless specifically stated otherwise, is not intended to establish more stringent or more restrictive standards than standards set forth in the applicable state law. Section 167-14 [Elevator Construction] Permits A. No conveyance, including wheelchair lifts shall be erected, constructed, installed or materially altered within buildings or structures within the City of Buffalo unless a construction permit has been obtained from the [Director of Licenses] Commissioner of Permit and Inspection Services before the work is commenced. Where any material alteration, as defined herein, is made, the conveyance shall conform to all existing requirements. No permit required hereunder, shall be issued except to a person, firm, or corporation holding a current installer's license, or limited installers license, duly issued pursuant to this chapter. A copy of such pen-nit shall be kept at the construction site at all times while the work is in progress. B. The [construction] permit fee for-erection, construction or installation shall be as set forth in Chapter 175, Fees. The [construction] permit fee for material alteration shall be set forth in Chapter 175, Fees. AM fee collected regarding an expired or revoked permit is non-refundable. Commercial inclined wheelchair lifts shall be considered two (2) stops regardless of travel distance.. C. Permit Requirements: 1.) Each application for a permit shall be accompanied by triplicate copies of specifications and accurately sealed and fully dimensioned plans showing the location of the installation in relation to the plans and elevation of the building; the location of the machinery room and the equipment to be installed, relocated or altered;- and all structural supporting members thereof, including foundations; and shall specify all materials to be employed and all loads to be supported or conveyed. Such plans and specifications shall be sufficiently complete to illustrate all details of construction and design. 2.) Each permit application shall be accompanied by the applicable fees, 3.) Repair permits are not required when the process of rehabilitation or replacement of parts that are basically the same as the original for the purpose of ensuring performance in accordance with the applicable Code requirements are used. D. Revocation of Permits: Permits may be revoked for the following reasons: 1.) Where any false statements or misrepresentation as to the material facts in the application, plans, or specifications on which the permit was based. 2.) Where the permit was issued in error and should not Page 100 00-0711.txt have been issued in accordance with the code. 3.) Where the work detailed under the pen-nit is not being performed in accordance with the provisions of the application, plans or specifications or with the code or conditions of the permit. 4.) Where the installer to whom the pen-nit was issued fails or refuses to comply with a STOP WORK order. E. Expiration of Permits-, 1) If the work authorized by such permit is not commenced within six [61 months after the date of issuance, or within a shorter period of time as the Commissioner of Pen-nit and Inspection Services or his duly authorized representative in his discretion may specify at the time the permit y is issued. 2.) If the work is suspended or abandoned for a period of sixty (60) days, or such shorter period of time as the Commissioner of Permit and Inspection Services or his duly authorized representative in his discretion may specify at the time the pen-nit is issued, after the work has been started. For good cause, the Commissioner of Permit and Inspection Services or his representative may allow an extension of the foregoing period at his discretion. Section 167-15 New Installations [and] /Annual inspections and Registrations A. Installations: Certificate of Operation required. All new conveyance installations shall be performed by a person, firm or company to which a license to install or service conveyances has been issued. Subsequent to installation, said licensed person, firm or company must certify compliance with the applicable sections of Chapter 167. Prior to any conveyance being used, a Certificate of Operation must be obtained from the [Director of Licenses], Commissioner of Permit and Inspection Services by the property owner or lessee. A fee as set forth in Chapter 175, Fees, shall be paid for said certificate of operation. It shall be the responsibility of the licensed installer to complete and submit first time registration(s) for new installations. The Certificate of Operation fee for newly installed wheelchair. lifts and inclined stairway chair lifts for private residences shall be subsequent to an inspection by a licensed third part inspection firm. B. Annual Inspections: Certificate of Operation required. All conveyances existing in any building or structure must be inspected annually by a person, firm or company to which a license to inspect conveyances has been issued. Subsequent to inspection, said licensed person, firm or company must certify compliance with applicable sections of Chapter 167 referenced in 167-2 above, and prior to use, a certificate of operation must be obtained by the property owner or manager from the [Director of Licenses] Commissioner of Permit and Inspection Services in accordance with the fees set forth in Chapter 175, Fees. The certificate of operation fee for existing wheelchair lifts and inclined stairway chair lifts for private residences and any renewal certificate shall be waived. After an initial inspection, there shall be no subsequent annual inspection required for interior and exterior inclined and vertical wheelchair or stairway lifts in a private residence. The [Director of Property and Housing Inspections] Commissioner of Permit and Inspection Services or his designee shall [inspect, in accordance with the fees set forth in Chapter 175, Fees approve all newly installed and existing wheelchair lifts and inclined stairway chair lifts for private residences subsequent to an inspection by a person, firm or Page 101 00-0711.txt company to which a license to [install or service] inspect conveyances has been issued. Inspection companies must supply the property owner or lessee and the City of Buffalo with a written inspection report describing any and all code violations. If the Commissioner is satisfied with the inspection, a Certificate of Operation shall be issued. C. Temporary Certificate of Operation: - A temporary Certificate of Operation may be issued which will permit the temporary use of a conveyance for a limited time not to exceed thirty (30) days while minor repairs are being completed. D. Display Certificate of Operation. Certificates of Operation referenced in Subsection A through [B] C (above) are renewable annually except for certificates issued for wheelchair lifts and inclined stairway chairlifts for private residences, which shall be valid for a period of three (3) years. Certificates of Operation must be clearly displayed on each elevator or in the elevator maintenance room for use for the benefit of city code enforcement staff. Section 167-16 Insurance Requirements A. Any person, firm or corporation who shall install, service, repair, replace or maintain any conveyance contained within buildings or structures within the City of Buffalo shall submit to the [Director of Licenses], Commissioner of Permit and Inspection Services an insurance policy or certified copy thereof, issued by an insurance company authorized to do business in the State of New York, to provide general liability coverage of at least one million dollars ($1,000,000.) for injury or death of any one (1) person and one million dollars ($1,000,000.) for injury or death of any number of persons in any one (1) occurrence, with the coverage of at least five hundred thousand dollars ($500,000.) for property damage in any one (1) occurrence and the statutory workers compensation insurance coverage. B. Any person, firm or corporation who shall inspect any conveyance contained within buildings or structures within the City of Buffalo shall submit to the [Director of Licenses] Commissioner of Permit and Inspection Services, an insurance policy or certified copy thereof, issued by an insurance company authorized to do business in the State of New York, to provide general liability coverage of at least one million dollars ($1,000,000.) for injury or death of any one (1) person and one million dollars ($ 1,000,000.) for injury or death of any number of persons in any one (1) occurrence, with the coverage of at least five hundred thousand dollars ($500,000.) for property damage in any one (1) occurrence and the statutory workers compensation insurance coverage. C. Such policies, or duly certified copies thereof, or an appropriate certificate of insurance, approved as to form by the Corporation Counsel and as to sufficiency by the Comptroller shall be delivered to the [Director of Licenses] Commissioner of Permit and Inspection Services before or at the time of the issuance of a license. In the event of any material alteration or cancellation of any policy, at least ten (10) days notice thereof shall be given to the [Director of Licenses] Commissioner of Permit and Inspection Services, City Hall, Buffalo New York 14202. Section 167-17 Enforcement It shall be the duty of the [Director of Housing and Property Inspections] Commissioner of Permit and Inspection Services develop an enforcement program which will ensure compliance with regulations and requirements referenced in Page 102 00-0711.txt Section 167-1 through [ 167-16 above] 167-24. This will include but will not be limited to identification of property locations which are subject to said regulations and requirements; issuing notifications to violating property owners or operators; random on-site inspections and tests on existing installations; witnessing periodic inspections and testing in order to ensure satisfactory performance by licensed persons, firms or companies; and assist in development of public awareness programs during the initial licensing period subsequent to enactment of this chapter and as warranted thereafter. Section 167-18 Liability This chapter shall not be construed to relieve or lessen the responsibility or liability of any person, firm or corporation owning, operating, controlling, maintaining, erecting, constructing, installing, altering, testing or repairing any elevator or other related mechanisms covered by this chapter for damages to person or property caused by any defect therein, nor does the City of Buffalo assume any such liability or responsibility therefore or any liability to any person for whatever reason whatsoever by the adoption of this chapter or any acts or omissions arising thereunder. Section 167-19 Penalties For Offenses Any owner or lessee who shall violate any of the provisions of this chapter, upon conviction thereof, shall be fined in an amount not exceeding one thousand five hundred dollars ($1,500.) or be imprisoned for a period not exceeding fifteen (15) days, or both such fine and imprisonment. Section 167-20 Provisions Not Retroactive The provisions of this chapter are not retroactive, so that equipment shall be required to comply with the applicable code at the date of its installation and any subsequent alteration except as specifically provided hereunder, unless a building has been officially designated as historic and is subject to Part 1233 of the New York State Uniform Fire Prevention and Building Code; and except further that if, upon inspection of any device covered by this chapter, the equipment is found in a dangerous condition or there is an immediate hazard to those riding on or using such equipment or if the design or the method of operation in combination with devices used is considered inherently dangerous in the opinion of the [Director of Housing and Inspections] Commissioner of Permit and Inspection Services, he shall notify the owner as provided herein of such condition and shall order such alterations or additions as may be deemed necessary to eliminate the dangerous condition. Section 167-21 Retroactive Provisions [A. Within one (1) year after the effective date of this section, all elevators existing on, before or after the effective date of this section shall be equipped with the following:] A. The provisions of this Code are not retroactive, except for those set forth in Subsection B (1) through (5) below. However, applicants who have filed applications prior to the effective date of this chapter may, at their own election, conform to the code adopted herein or to the previous code. If the applicants who have filed applications prior to the effective date of this chapter choose to be adjudged under the previously applicable code, they must complete installation within one (1) year after the effective date of this chapter. B. Owners of existing installations, which need to be retrofitted, must complete the retrofitting within one (1) year after the effective date of this Section. Page 103 00-0711.txt C. Required For Retrofitting: All Existing elevators shall be provided with; (1) Emergency signaling and communication devices. (2) Pit access, illumination and a stop switch. (3) Top-of-car stop switch. (4) Hoistway-door locking devices, and car-door or gate electric contacts. (5) Standby (emergency) lighting power source, and a top-of-car electric light and convenience outlet fixture. [B.11). The administrators shall maintain and make available to the public a handbook detailing the specification for the requirements of this section. Section 167-22 Five-Year Inspection and Testing of Speed Governors & Safeties A. It shall be the responsibility of all property owners, licensed individuals, firms or companies as described herein this chapter, to ensure that the required Five (5) Year Inspection and Testing are performed at the required intervals in compliance with the most current edition of ASME ANSI A17.1, the most current edition of ASME ANSI A17.2 Inspector's Manual for Elevators and Escalators; and the most current edition of ASME ANSI Al 7. Safety Code for Existing Elevators and Escalators B. In accordance with Part X, Periodic Inspections and Tests of the ANSI A 17.1 Code, all five -year full load safety tests and speed governor tests shall be witnessed by a licensed third - p Inspection Company QEI inspector. Upon completion of the witnessing of tests, the Inspection Company shall submit to the City of Buffalo and to the equipment owner a statement certifying that the witnessing / inspection of the test has been completed. C. A metal tag shall be affixed to the equipment as required and in accordance with ANSI Al 71 Code. Only the actual test shall be witnessed and not the preparation work associated with an unit being tested. Section 167-23 Inspection and Testing of Main Machine Gear Box on Electric Elevators A. Inspection and Testing of the main machine gear box in accordance with ANSI A17.1 Part X requirements. The inspection, replacement and/or repair of electric elevator main machine gearbox shall include, but not be limited to: (1) Inspection and or replacement of won-n and ring gears due to wear and tear. (2) Inspection and/or replacement of bolts that hold ring gear to spider gear; the bolt type o grade replacement shall be in accordance with manufacturers specifications ri.e.: torquing, o ring gear nuts and bolts shall be in accordance with manufacturers specifications. (3) All Five (5) year tests and inspection of the main gear - box shall be witnessed by a licensed third party QEI Inspection Company inspector. B. The Inspection, Testing, or repair of electric elevators main machine gear box shall be completed in conjunction and at the same time of the required Five (5) Year inspection and testing. Section 167-24 Three - Year Inspection and Testing of the pressure relief valve on Hydraulic Elevators A. All Hydraulic elevator pressure relief valve tests shall be witnessed by a licensed third - part inspection company QEI inspector in accordance. with ANSI A17.1 Code, Part X Periodic Inspection and Test requirements (specifically sections 1005.1, 1005.2, 1005.2c, 1005.2d, 1005.2e and 1005.3a & b.) Page 104 00-0711.txt B. The aforementioned test shall be completed on an annual basis, however the test needs to be witnessed by a QEI lnspector every three years. Ultimately it is the equipment owner's responsibility to have these tests completed. Section 167-25 Maintenance of Firefighters Service Test Logs A. All elevators contained in the City of Buffalo that are provided with firefighter service shall be subjected monthly to phase I recall and a minimum of one floor operation on phase 11 to assure the system is maintained in proper operating order. A record of written findings on the operation shall be maintained by the property owner and kept on the premises of said operation in accordance with ANSI A17.1 Code section 1200, rule 1206.7, Maintenance of Fire-Fighters Service Test Logs requirements. B. The test log shall be maintained monthly as to the pass or fail of the system. The log shall include, but not be limited to such information as building address, building name, elevator I.D. number, elevator type, rise of travel and the signature and title of the person conducting the test. C. All third - party inspection company inspectors shall be required to ask for and review fire service logs during annual elevator inspections. D. Any property owner who has failed to produce and/or maintain a firefighter service test log shall be in violation of this chapter and the New York State Building Code. Section 167-26 High-Rise Building Fire-Lock Boxers] Fire-Lock Box Location Switch Key (fire lock box) shall be installed on the interior of all buildings. All fire lock boxes locations shall be approved by the Commissioner of Fire or his designee. Owners of existing installations which need to be retrofitted with Switch Key (Fire Lock Box) must complete the retrofitting within one (1) year after the effective date of this Section. Section 167-27 Temporary Dormant Elevator, Dumbwaiter or Escalator An installation whose power supply has been disconnected by removing fuses and placing a padlock on the mainline disconnect switch in the "OFF" position shall be considered dormant. The car is parked and the hoistway doors are in the closed and latched position. A wire seal shall be installed on the mainline disconnect switch by a licensed elevator inspector. This - installation shall not be used again until it has been put in safe running order and is in condition for use. Annual inspections shall continue for the duration of the temporary dormant status by a licensed elevator inspector. "Temporally Dormant" status shall be renewable on an annual basis, and shall not exceed a five (5) year period. The inspector shall file a report with the City of Buffalo describing the current conditions. The wire seal and padlock tall not be removed for any purpose without permission from the City of Buffalo Elevator Code Enforcement Officer. 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 REFERRED TO THE COMMITTEE ON LEGISLATION AND CORPORATION COUNSEL Page 105 00-0711.txt No.203 By. Mr. Coppola Sale or Leasing of Former Delavan Armory Property Whereas: The City of Buffalo is currently the owner of the former Delavan Armory property located on Delavan Avenue in the City of Buffalo; and Whereas: Within the past year since the transfer of the property to the City from the State of New York, the City completed Phase I and Phase 11 environmental investigations, completed environmental remediations, and contracted for the demolition of the former facility; and Whereas: Canisius College is interested in acquiring or entering into a long-term lease of the property for the purposes of building apartment style student housing and they have been working closely with the City of Buffalo Planning Division as well as other agencies and the community in the development of their plans and now are interested in proceeding with the project. Whereas: In order to facilitate the project, it is requested that the City be authorized to lease or sale of the property to the Buffalo Urban Renewal Agency to facilitate the project provided that the City is provided recoupment of its costs for environmental investigations, remediation and demolition of structures on site. Now, Therefore be it resolved: That the City of Buffalo be, and hereby is authorized to sell or lease the property formerly known as the Delavan Armory to the Buffalo Urban Renewal Agency on the condition that the City is provided recoupment of its costs for environmental investigations, remediation and demolition of structures on site. PASSED AYES-12-NOES-0 No.204 By Ms. Ellington Re: Broadway Market - Prior Approval and Review of Expenditures WHEREAS: The Broadway Market is one of the City of Buffalo's premier historic and ethnic markets. As a mainstay in the Broadway Fillmore community its viability and well-being is essential; and WHEREAS: Recent controversy involving the Board of Directors and the Management of the Broadway Market has threatened its viability. An audit by the City Comptroller has revealed questionable expenditures with outstanding debt and financial deficits of at least $250,000; and WHEREAS: Amid resignations of some staff and board members the present situation at the Broadway Market has prompted the review of the market's management by the Buffalo Niagara Partnership. Additionally, the Mayor and the Common Council have been working to restructure the Broadway Market's Board, its policies and operations; and WHEREAS: The District Attorney of Erie County is also investigating the management of the Broadway Market. NOW THEREFORE BE IT RESOLVED THAT: The Common Council requests that all city related expenditures for the Broadway Market be submitted to the Common Council for approval. FURTHER BE IT RESOLVED THAT: The present Board of Directors for the market submit reports of all its expenditures to the Common Council and Comptroller's office for review. Page 106 00-0711.txt RECEIVED AND FILED No.205 BY MS. ELLINGTON Broadway Market By-Law Amendments Whereas In the wake of various management issues at the Broadway Market, it has become clear that some change is necessary; and Whereas: The Board of Directors of the Broadway Market Management Corporation ("BMMC") has recognized that the way it operates must also change in order to reflect the changing times and the needs of the Broadway Market; and Whereas: At the May 2, 2000 Board of Directors meeting of the BMMC, certain amendments to the By-Laws were adopted by the Board; and Whereas: In Item No. 80, C.C.P., May 16, 2000, the Board has requested the Common Council to approve those amendments as required by Section 9 of the Lease Agreement between the BMMC and the City of Buffalo; and Whereas: After much study by the Common Council and the Mayor's Task Force on the Broadway Market, it has been agreed that the Board of the Broadway Market Management Corporation needs to be immediately restructured to address the problems facing the Market in a manner slightly beyond that which was proposed in Item No. 80, C.C..P., May 16, 2000; and Whereas: The Board of Directors is amenable to these amendments and has voted to adopt these additional changes to the By-Laws at an emergency meeting of the Board on July 10, 2000; and Whereas: The amendments to the By-Laws as approved by the Board of Directors at the July 10, 2000 meeting are attached to this resolution and are incorporated by reference; and Whereas: The By-Law amendments feature a restructured Board of Directors appointed by various elected officials and affiliated Market business and community interests and includes a requirement that a strategic business plan be submitted to the City Comptroller annually; and Whereas: It is believed that a restructured Board comprised of professionals and experts in such fields as accounting, marketing, public relations, retail foods, leasing, grant writing, law, finance and business would help institute a new day in the life of the Broadway Market; and Whereas:The restructuring of the Board should include the establishment of standing operating committees which would include minimally an Executive Committee to be responsible for the Strategic Business Plan and other issues that do not require a Board vote, an Audit/Finance Committee to recommend a budget and monitor the financial status of the Market, a Public Relations/Advertising Committee, a Membership and Fundraising Committee to promote growth and development for the Market, a Tenants Committee to facilitate communication between the Board, the Executive Director and the tenants, an Infrastructure Committee for long term capital planning and a Nominating Committee to work with the Advisory Board to maintain professional standards in all Board appointments; and Whereas: It is expected that the restructured Board will renegotiate the current Lease Agreement with the City to include various economic and operational reforms; and Page 107 00-0711.txt Whereas: While it is recognized that additional changes in the relationship between the BMMC and the City are necessary for the continued survival of the Broadway Market, adoption of the By-Law amendments is a vital first step in the process; and Now Therefore Be It Resolved: That the Common Council does hereby approve the Amendments to the By-Laws of the Broadway Market Management Corporation as approved by the Board of Directors of the Broadway Market Management Corporation at their July 10, 2000 emergency meeting, and Be It Further Resolved: That as adopted and approved by the Board of Directors of the Broadway Market Management Corporation, these By-Law Amendments shall be effective immediately. ADOPT No.206 By. Mr. Fisher Appointment to Councilman Charley H. Fisher's Staff I hereby appoint the following individual as my legislative asst. effective June 30, 2000. Appointee: Marui W. Hicks Title: Legislative Asst. ADOPTED No.207 By. Mr. Fisher Sale of Old Bailey Avenue to Iron Mountain Whereas: The Common council recently passed a resolution that authorized the City to negotiate a sale of a portion of Old Bailey Avenue to Iron Mountain Corporation; and Whereas: The resolution calls for a right of public access to be maintained on Old Bailey Avenue should it be sold; and Whereas:The resolution calls for a minimum of 40 foot set back from the Buffalo River's water edge; and Whereas: The original deed that conveys Old Bailey Avenue to the City on July 26, 1893 requires that the Avenue "remain forever a public street"; and Whereas: The resolution passed by the Common Council left several issues unresolved; and Whereas: The Buffalo Planning Board refused to act on the Iron Mountain request, instead voting to Receive and File the item, in no small part due to the ambiguous language of the Common Council's resolution. Now therefore be it resolved: That the Common Council requests Iron Mountain Corporation to conduct an Environmental Impact Statement as required by applicable state and federal laws. ADOPTED No.208 By. Mr. Fontana SET PUBLIC HEARING NEW BUFFALO INDUSTRIAL PARK DISPOSITION PARCEL 4 - 4.7 ACRES WHEREAS, Skyworks, L.L.C. and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper has negotiated a Land Disposition Page 108 00-0711.txt Agreement for the disposition of Parcel 4 in the New Buffalo Industrial Park; and WHEREAS, the terms of said Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, said Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2(d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 14th day of July 2000. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 25th of July 2000 ADOPTED No.209 By. Mr. Golombek WAIVE ASSOCIATED FEES FOR OFFICIAL REDISCOVER AMHERST STREET PARTICIPANTS AND ACTIVITIES Whereas :On Saturday, July 22nd 2000, the Grant/Amherst Block Watchers will be holding the third annual Rediscover Amherst Street event, this festival celebrates the rich history of this area as well as focusing on those businesses that continue to strive in the area, and Whereas: In the City of Buffalo, one of our most valuable treasures are the historic business districts that are located throughout the city. The City of Buffalo also realizes that the it can only strengthen City by supporting the business that are located within these historical business districts, and Whereas: In conjunction with the P Annual Rediscover Amherst Street event, the Grant/Amherst Block Watchers will be holding a block party where area vendors may be offering their goods at discounted prices to the local community, and Whereas: The City of Buffalo charges a processing fee for block party permits, as well as a fee for temporary vendor stands. Now, Therefore, Be It Resolved: The Common Council encourages the celebration of the important value that the City of Buffalo's historical business districts have added and continue to add to their communities, to this end this Common Council agrees to waive the associated fees that are required for official participants of this event. ADOPTED No. 210 By. Mr. Golombek Forever Elmwood Farmers Market Banner Whereas: Organizers of Forever Elmwood are holding a Farmers Market on Saturday mornings along Bidwell Parkway, and Whereas: this year marks the 3rd annual Farmers Market, and Page 109 00-0711.txt Whereas: to publicize the market, Forever Elmwood has requested permission to display a banner across Elmwood Avenue from 946 Elmwood Avenue to 951 Elmwood Avenue, and Whereas: the period the banner would be on display would be from, July 17 Th through November 4d' 2000. Now, Therefore, Be It Resolved: Pursuant to the conditions set forth by the Commissioner of Public Works, the sponsors of the Forever Elmwood Farmers Market be granted permission to hang a banner on Elmwood Avenue from July 17'hthrough November 4th, 2000. PASSED AYES-12-NOES-0 No. 211 By. Ms. LoTempio Re: Establish Universal Health Care Coverage Task Force Whereas: Personnel costs represent over 80 percent of the City of Buffalo's annual budget; and Whereas: A significant portion of those costs are directly related to health care; and Whereas: The City of Buffalo needs to better manage health insurance costs and improve the health of city employees; and Whereas: There are union to union discrepancies in the types of policies that are offered to city workers; and Whereas: A task force on health insurance costs could make recommendations on a wide range of related issues that need to be addressed, including inter municipal cooperation, health promotion programs, and city policies regarding health insurance; and Whereas: Universal health care coverage could help the city by providing additional benefits to city workers while reducing the rates the city pays for health care insurance; and Whereas: This task force would look at all health insurance programs available including self insurance; and Whereas: The City of Buffalo should take the initiative in exploring how it can eliminate paying retail costs for health insurance when it should be paying wholesale costs; and Whereas: It seems logical that if all unions within the City of Buffalo, including the Buffalo Municipal Housing Authority and the Buffalo Sewer Authority, combine the number of members into one plan, there would be greater benefits for the employees and a reduction of rates the city pays; and Whereas: This task force should explore the feasibility of consolidating the health care coverage for the employees of the City of Buffalo and Erie County; and Now Therefore Be It Resolved: That this Common Council establish a task force on Universal Health Care Coverage and charge it with making recommendations regarding health care benefit programs provided to City of Buffalo employees; and Be It Further Resolved: That this task force be comprised of representatives from the Buffalo Common Council, the Mayor's administration, the Division of Employee Relations, the Corporation Counsel, the Comptroller's office, the Buffalo Municipal Housing Authority, and the Buffalo Sewer Authority; and Be It Further Resolved: That this honorable body requests Joel A. Gambia, Erie County Executive, to appoint a member Page 110 00-0711.txt to serve on this task force; and Be It Finally Resolved: That this task force should evaluate available avenues concerning the reduction of costs for health care, while increasing the benefits to the City of Buffalo employees. REFERRED TO COUNCIL PRESIDENT No. 212 By. Ms. LoTempio Request Information on Buffalo Police Exam Whereas: Due to Judge John Curtin's court order that required the City of Buffalo draft a new exam for the hiring of Buffalo Police Officers, the Civil Service Commission and the Corporation Counsel hired SHL-Landy Jacobs, Inc. to create an exam to be used for the hiring of Buffalo Police Officers; and Whereas: The Civil Service Commission determined that a weighted score, based on a five part examination. which includes oral., written, life experiences. Life exposure, and memory sections, would be used to issue a final grade to all exam-takers; and Whereas: As a result of the process put in place, only 414 of the 2030 applicants who took the exam passed. Many of the 1616 persons who failed the exam have tended to score high on other Civil Service tests. indicating a possible flaw in the Police exam; and Whereas: The process has run into hurdles since its inception, the list was not adopted until May 24, 2000, although the exam was given on January 8, 1999; and Whereas: Shifting the value of the weighted score to add value to the other parts of the exam to give women and other minorities an advantage was an objective that was not accomplished, as 80% of all applicants failed the exam, and Whereas: The oral interviews were given by individuals who may not have had the ability or qualifications to render such important decisions as to who would make a capable police officer in a brief I 0-minute time period, and Whereas: SHL-Landv Jacobs. Inc. and the Civil Service Commission may not have achieved the results that were hoped for by the Justice Department and Judge Curtin; Now, Therefore, Be It Resolved: That the Consultants group file a report clarifying the value of the written and oral portions of the exam and how the weighted values were determined-, and Be It Further Resolved: That the Civil Service Commission review and report any actions it will take to initiate a review of the exam. ADOPTED FINAL TWO RESOLVES, REMAINER TO CIVIL SERVICE No. 213 By Ms. Martino South Park Arboretum Replanting Whereas: The New York State Department of Environmental Conservation ("DEC") is the lead agency for the cooperative forest management urban and community forestry program in New York State; and Whereas: The DEC will agree to make a sum not to exceed $7,500.00 available to the City for the South Park Arboretum Replanting; and Whereas: The South Park Arboretum project will restore missing trees to the Arboretum as designed by Frederick Page 111 00-0711.txt Law Olmsted and will also contain an educational component which includes labeling and identifying trees; and Whereas: This project is beneficial to the City of Buffalo; Now Therefore Be It Resolved: That the Commissioner of Public Works, Parks and Streets be and he hereby is authorized to accept $7,500 grant for South Park Arboretum Replanting, and Be It Further Resolved: That the Commissioner of Public Works, Parks and Streets be and he hereby is authorized to execute any and all documents necessary for the reception and administration of this grant. PASSED AYES-12-NOES-0 No. 214 By Ms Martino Use of Cazenovia Park Casino on August 6, 2000 Whereas:The Woodside United Methodist Church, located at 675 Abbott Road in Buffalo's South District, has requested the use of the Cazenovia Park Casino on Sunday. August 6, 2000; and Whereas: The Cazenovia Park Casino is once again the desired site for the Woodside United Methodist Church's annual service and picnic; and Whereas: This event is open to the public and it is expected to host 70 to 125 people. There is no charge to the participants and nothing will be sold at this event. and Whereas: The Woodside United Methodist Church kindly requests that the fees associated with the use of the "Casino" be waived, Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo waive the fees associated with the use of the Cazenovia Park Casino for the Woodside United Methodist Church's service and picnic on Sunday, August 6, 2000 PASSED AYES-12-NOES-0 No. 215 By. Mr. Pitts Section 108 Funds Webster Block/Waterfront Urban Entertainment Center and the Intermodal Transportation Center Project. WHEREAS, Section 108 of the Housing and Community Development Act of 1974 authorizes a program Of C0111111LIffity development loan guarantee assistance (Section 108 or Section 108 Program). Under the Section 108 Program, the Department provides metropolitan cities and urban counties that receive entitlement grants (entitlement public entities) with front-end financing for large-scale community and economic development projects that cannot be financed from annual grants; and WHEREAS, The United States Department Of Housing and Urban Development has published rules and regulations governing the eligibility requirements and administration of the Section 108 Program; and WHEREAS, The City of Buffalo satisfies all the eligibility criteria established by tile United States Department of Housing and Urban Development; and WHEREAS, The Webster Block/Waterfront Urban Entertainment Center and Intermodal Transportation Center Page 112 00-0711.txt Project will not be possible unless tile City of Buffalo provides the funds necessary to complete the public purpose aspect of the Project. NOW, THEREFORE, BE IT RESOLVED BY TI IE COMMON COUNCIL OF THE CITY OF BUFFALO: I . That the City of Buffalo and the City Of Buffalo Urban Renewal Agency are hereby authorized to enter into a Section 108 Loan as follows: a. The Section 108 loan shall be a pass through loan from the United States Department of Housing and Urban Development. b. That the City of Buffalo is hereby authorized to pledge its Community Development. Block Grants as security for the Section 108 loan. C. The loan shall be prepared and administered by the Buffalo Economic Renaissance Corporation (hereinafter referred to as "BERC"). d. The loan shall be granted to tile City of Buffalo Urban Renewal Agency (hereinafter referred to as "BURA"). C. The interest rate assessed will be at the prevailing Section 108 rate and the following conditions (I) Approval and authorization of such financing by the Buffalo Urban Renewal Agency. (ii) Authorization by the BERC Board of Directors to submit the Section 108 loan application for financing to the Federal grantor. 2.That the Mayor of the City of Buffalo and the Commissioner of Community Development acting in their capacities as Mayor and Commissioner, or Chairman and Vice Chairman of the City of Buffalo Urban Renewal Agency, respectively, are hereby authorized to execute any and all documents deemed necessary by their appropriate legal counsel to effect this resolution. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 216 By. Mr. Pitts Public Hearing-Webster Block/Waterfront Urban Entertainment Center and the Intermodal Transportation Center Project-- [Section 108 Loan WHEREAS: Section 108 of the Housing and Community Development Act of 1974 authorized the Department of Housing and Urban Development to offer Section 108 loans for community and economic development projects that cannot be financed from annual grants; and WHEREAS: The proposed Webster Block/ Waterfront Urban Entertainment Center and the Intermodal Transportation Center Project Section 108 Loan requires the approval of the local governing body. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO: 1. That this Common Council will conduct a Public Hearing regarding the Section 108 loan for the Webster Block/Waterfront Urban Entertainment Center and the Intermodal Transportation Center Project before the Community Development Committee on July 19, 2000, at 10:00 a.m. in the Common Council Chambers; and 2. That the City Clerk is hereby directed to publish a notice similar to the attached and marked "Notice of Hearing" in the Buffalo News and the City Record no later then the 12"' day of July 2000. ADOPTED Page 113 00-0711.txt No 217 By Mr. Pitts Excuse Councilmember Miller-Williams Whereas: Councilmember Barbara A. Miller-Williams will be out of town and will be unable to attend the Common Council meeting of July 11, 2000; Now, Therefore, Be It Resolved That: Common Councilmember Barbara A. Miller-Williams be excused from the July 11, 2000 regular meeting of the Common Council. ADOPTED NO.218 BY MS. WILLIAMS FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for New Hope Baptist Church Day By Councilmember Pitts Felicitation for Drayton Collins' Day By Councilmember Ellington and Grant Felicitation for Crowell Millennium Family Reunion Day By Councilmember Pitts Felicitationfor Alfred T. Coppola By Councilmember all Members Felicitation for Ruth O'Leary By Councilmember Charles Michaux III ADOPTED No.219 By Ms. Williams Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner .of Deeds for the term ending December 31l200o , conditional ,upon the person so appointed certifying under oath to their qualifications and filling same with the City Clerk.- NIEVES FELIPE,JR. ADOPTED No.220 By Ms Williams Appointments Commissioners of Deeds Required for the Proper performance of Public Duties That the following persons are hereby appointed-as Commissioner of Deeds for the term ending. December 31, 2000, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City AVERY BATES MAURI W. HICKS THOMA'S J. LEATHERBARROW ADOPTED No.221 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 1P Floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Page 114 00-0711.txt Committee on Civil Service Tuesday, July 18, 2000 at 9:30 o'clock A.M. Committee on Finance Tuesday, July 18, 2000 following Civil Service Committee on Legislation Tuesday, July 18, 2000 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, July 19, 2000 at 10:00 o'clock A.M. Committee on Education Thursday, July 20, 2000 at 10:00 o'clock A.M. Special Committees Police Reorganization Wednesday, July 19, 2000 at 2:00 p.m.-Room 1417 City Hall No.222 Adjournment On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 4:17pm CHARLES L. MICHAUX, III CITY CLERK Board of Police and Fire Pension Proceedings #6 Council President's Office - 1315 City Hall June 22, 2000 Present: Anthony M. Masiello, Mayor; Maurice Garner, Deputy 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 June 2000 amounting to $18,120.22, 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: Magdalen Yax Died June 2, 2000 Esther P. Lang Died June 19, 2000 Received and Filed. No. 3 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of June 2000 amounting to $20,957.00, 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. Masiello, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m. Page 115