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Home My WebLink About00-0418 00-0418.txt No. 8 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO APRIL 18, 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 00-0418.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, APRIL 18, 2000 AT 2:00 P.M. PRESENT – Richard A. Fontana, President Pro Tempore and and Council Members Bonifacio, Brown, Coppola, Ellington, Fisher, Golombek Grant, Gray, LoTempio, Martino, and Williams - 12. ABSENT - James W. Pitts, Acting Mayor-1 On a motion by Mrs. LoTempio, seconded by Mr.Golombek, the minutes of the stated meeting held on April 4, 2000 were approved. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT NO. 1 APPOINTMENT OF MEMBER TO THE BOARD OF PARKING Page 2 00-0418.txt Pursuant to the powers vested in me by Section 109R of the Charter of the City of Buffalo, subject to confirmation by Your Honorable Body, I hereby appoint the following individual to the Board of Parking for a term commencing immediately and will expire March 31, 2001. Ms. Mazzone is filling the unexpired term of Michael M. Edwards, who has resigned. At the present time, Ms. Mazzone is the Senior Leasing Manager for Ciminelli Development Company, Inc. Previous to this position she was the Real Estate Manager for the Buffalo Enterprise Development Corporation; Personnel Director/Real Estate Projects for the Ellicott Development Company, Corporate Accountant with Empire of America. She has a Master of Science in Administration from the State University of New York College at Buffalo and has a Real Estate Broker License since 1998. Michelle is a member of numerous professional affiliations and community activities, such as United Cerebral Palsy Foundation; Leadership Buffalo; United Way Women and Minorities Board Government Project; New Millennium Group of W.N.Y.; Buffalo Place, Inc.; Buffalo Friends of Olmstead Parks; Market Arcade Complex etc. I hereby certify that the above named individual is fully qualified for appointment to the Buffalo Board of Parking. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE DIVISION OF COLLECTIONS AND THE COMPTROLLERS OFFICE NO. 2 RE-APPOINTMENT OF MEMBERS TO THE BUFFALO BOARD OF PARKING Pursuant to the powers vested in me by Section 109R of the Charter of the City of Buffalo, subject to confirmation by Your Honorable Body, I hereby re-appoint the following individuals to the Buffalo Board of Parking for a term commencing immediately and will expire March 31, 2007. REAPPT. Catherine T. Wettlaufer 21 Saybrook Place Buffalo, 14209 R. Maura Cohen 167 Windsor Ave. Buffalo, 14209 I hereby certify that the above named individuals are fully qualified for reappointment to the Buffalo Board of Parking. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE DIVISION OF COLLECTIONS AND THE COMPTROLLERS OFFICE Gun Safety Legislation NO. 3 GUN SAFETY LEGISLATION I write to you today to request your support in making the City of Buffalo a much safer place to live and raise our families. Gun violence and crime has touched communities all across this nation and Buffalo is no exception. Thousands of people are killed or injured every year by guns used maliciously by criminals in our midst or by tragic, senseless accidents that could have been avoided. It is time for us to take a stand against the misuse of firearms in our community. As you may be aware, I have recently signed onto the Page 3 00-0418.txt Communities for Safer Guns Coalition initiated by United States Housing and Urban Development Secretary Andrew Cuomo. This initiative promotes a Code of Responsible Conduct to be followed by firearm manufacturers for the responsible design, sale and production of handguns. Members of the Coalition will use their purchasing power to encourage the production of safer firearms and will only do business with those manufacturers that will abide by the Code of Responsible Conduct. This effort is a crucial first step in controlling gun violence, yet I believe we can do more. As a municipality, we need to do all we can to create safer streets for our citizens. To address this, I would like to see our ordinances strengthened to reflect our commitment to responsible gun handling within our city. I have asked the Corporation Counsel to research gun legislation to see what has been done in other jurisdictions. Please review the attached draft ordinance prepared by the Law Department that I believe will tighten our present legislation and allow the City of Buffalo to move forward in the fight against irresponsible gun usage. Thank you for your consideration. REFERRRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL FROM THE BUFFALO ARTS COMMISSION NO. 4 2000-2001 ARTS & CULTURAL FUNDING The Arts and Cultural Funding Advisory Committee and the Buffalo Arts Commission are pleased to submit the attached recommendations for cultural funding for the 2000- 2001 fiscal year. We respectfully submit the attached correspondence to your Honorable Body pursuant to the City Code and urge you to honor our funding request. Thank you for your continued support and we look forward to further discussion of the above as needed. REFERRED TO THE COMMITTEE OF THE WHOLE. FROM THE CITY PLANNING BOARD NO. 5 LAKESHORE BEHAVIORAL HEALTH 428 NIAGARA STREET HUMAN SERVICES FACILITY ITEM NO. 98, C.C.P. 3/21/2000 The City Planning Board at its regular meeting held Tuesday, March 28, 2000, considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to convert a building, located at 428 Niagara Street, into a human service facility for outpatient mental health treatment. The building was formerly use as a primary health care facility. Under SEQR the proposed Human Service Facility mentally ill clinic 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 additional concentration of human service facilities within a 1/2 mile radius of the proposed location. Page 4 00-0418.txt RECEIVED AND FILED. NO. 6 LAKESHORE BEHAVIORAL HEALTH 430 NIAGARA ST. HUMAN SERVICES FACILITY ITEM NO. 99, C.C.P. 3/21/2000 The City Planning Board at its regular meeting held Tuesday, March 28, 2000, considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to convert a building, located at 430 Niagara Street, into a human service facility for outpatient mental health treatment. The building was formerly use as a primary health care facility. Under SEQR the proposed Human Service Facility mentally ill clinic 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 additional concentration of human service facilities within a 1/2 mile radius of the proposed location. RECEIVED AND FILED. NO. 7 GREEN ACRES PHARMACY, INC. 2200 SENECA ST. HUMAN SERVICES FACILITY ITEM NO. 100, C.C.P. 3/21/2000 The City Planning Board at its regular meeting held Tuesday, March 28, 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 use an office building, located at 2200 Seneca Street, as a human service facility. The applicants have been using the building without a permit for the past 18 months. The applicant also operates a similar facility at a nearby location. 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 concentration of human service facilities within a 1/2 mile radius of the proposed location and their displeasure with the applicants operating the facility without a permit. RECEIVED AND FILED. NO. 8 COUNCILMEMBER WILLIAMS & FISHER REZONE 46 GRAPE ITEM NO. 202, C.C.P. 3/7/2000 The City Planning Board at its regular meeting held Tuesday, March 28, 2000 considered the matter captioned above pursuant to Section 317.1 of the Buffalo City Charter, Referable Matters to the City Planning Board. The request is to rezone 46 Grape Street for use as a day-care facility. Division of Planning staff recommend that the Planning Board and the Common Council support an application to the Zoning Board of Appeals for a variance of the zoning instead of a rezoning. The Planning Board voted to receive and file the application since the Common Council has already agreed with Planning staff on the matter. Page 5 00-0418.txt RECEIVED AND FILED. NO. 9 AIDS COMMUNITY SERVICES 204-206 S. ELMWOOD AVENUE HUMAN SERVICE FACILITY ITEM NO. 99, C.C.P. 3/7/2000 The City Planning Board at its regular meeting held Tuesday, March 28, 2000, considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to convert a portion of 204-206 S. Elmwood Avenue into a human service facility on 4 of the 5 floors of an office building. Under SEQR the proposed Human Service Facility is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to receive and file the application since the Common Council has already approved the item. RECEIVED AND FILED. NO. 10 BENDERSON DEVELOPMENT CORP. 289 W. FERRY ST. ACCESSORY SIGN ITEM NO. 99, C.C.P. 4/4/2000 The City Planning Board at its regular meeting held Tuesday, April 11, 2000 considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 41x121 with a 3.25’x6.8’ reader board at a height of 161 pole "ID” sign at 289 W. Ferry at Grant Street. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. After much discussion, about the residential urban fabric of the neighborhood, the Planning Board voted to recommend approval of a 4’x12’ accessory sign without a reader board and at an overall height of 12’ with landscaping treatment at the base of the sign structure. RECEIVED AND FILED. NO. 11 BENDERSON DEVELOPMENT CORP. 2145 DELAWARE AVE. ACCESSORY SIGN ITEM NO. 98, C.C.P. 4/4/2000 The City Planning Board at its regular meeting held Tuesday, April 11, 2000, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 5'xl5’xlO'9" ground "ID” sign at 2145 Delaware Avenue. The sign will advertise two tenants and is a continuation of decorative pillars and fencing. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed accessory sign. RECEIVED AND FILED. NO. 12 ST. JAMES CHURCH Page 6 00-0418.txt 10 HASTINGS ST. ACCESSORY GROUND SIGN ITEM NO. 96, C.C.P. 4/4/2000 The City Planning Board at its regular meeting held Tuesday, April 11, 2000 considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 4’x8’x7’ ground "ID” sign at 10 Hastings Street. The sign will actually be placed on the Bailey Avenue side of the property. This request is to replace two existing single faced signs. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed accessory sign. RECEIVED AND FILED. NO. 13 J. SYRACUSE 1464 HERTEL AVE. SIDEWALK CAFE ITEM NO. 29, C.C.P. 4/4/2000 The City Planning Board at its regular meeting held Tuesday, April 11, 2000, considered the matter captioned above pursuant to Section 413-59 and 511-59 of the Buffalo Code, Sidewalk cafes and Hertel Business District, respectively. The applicant seeks use a 32’x8’ previously installed sidewalk caf6 at 1464 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 caf6 provided it is not any larger than the one use by the former Mr. Tony's Restaurant and with the following conditions: 1. No outside music is allowed 2. Closing at 11 p.m. 3. No outside trash receptacles RECEIVED AND FILED. FROM THE COMPTROLLER NO. 14 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION GENERAL SERVICES We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that increases in the amounts of $50,000, $50,000 and $100,747 in the estimates for the fiscal year beginning July 1, 1999 is necessary in Appropriation Allotments in Inventory and Stores - Postage, Gasoline & Lubricants and Automotive Supplies respectively, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amounts of increased appropriations will be met from an increase of $200,747 in the General City Revenue account, Print Shop - Miscellaneous Revenues 10072030-389001 not otherwise appropriated for any other purpose. The details of the requirements are set forth below: To: 10781005 Print Shop 461400 Postage $ 50,000 Page 7 00-0418.txt 462600 Gasoline & Lubricants $ 50,000 465001 Automotive Supplies $100,747 Dated: Buffalo, NY, April 7, 2000 RECEIVED AND FILED. NO. 15 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION RESERVE FOR CAPITAL APPROPRIATIONS STREETS DEPARTMENT We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $59,568 in the estimates for the fiscal year beginning July 1, 1999 is necessary in Appropriation Allotments - Streets - Sanitation Buildings & Fleet Maintenance - Exempt Items to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 10700096397200 - Reserve for Capital Budget not otherwise appropriated for any other purpose. The detail of the requirements is set forth below: To: 15050007 - Sanitation Buildings & Fleet Maintenance 474200 - Capital Outlay – Vehicles $59,568 Dated: Buffalo, NY, March 22, 2000 RECEIVED AND FILED. Comptroller NO. 16 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS VARIOUS DEPARTMENT OF STREETS We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $134,358 be transferred and reappropriated from various Capital Outlay Freeze Accounts, as set forth below: From: 10648007 - 490000 Tax Office $414 10768007 - 490000 Purchase $75 10781007 - 490000 Inventory & Stores $50,797 11252007 - 490000 Administrative Adjudication $ 892 11353007 - 490000 Labor Relations $ 118 11354007 - 490000 Civil Service $ 4,800 11355007 - 490000 Benefits $ 360 11412007 - 490000 Towing $1,400 11413 007 - 490000 Parking Enforcement $3,571 11475007 - 490000 PVB $6,604 13110007 - 490000 Design & Planning $6,000 13 113 007 - 490000 Bridges $4,038 13 116007 - 490000 Street Lighting $ 1,235 13191007 - 490000 Traffic Engineering $ 3,260 14000007 - 490000 Human Services $650 14312007 - 490000 Senior Citizens $2,872 1623 3 007 - 490000 In Rem $153 163 5 0007 - 490000 Housing & Enforcement $47,120 To: 15050007 - 474200 Sanitation Building & Fleet Maintenance Capital Outlay – Vehicles $134,358 Dated: Buffalo, NY March 23, 2000 RECEIVED AND FILED. Page 8 00-0418.txt NO. 17 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS CAPITAL IMPROVEMENT CONTINGENCY DIVISION OF BUILDINGS We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $250,000 be transferred and reappropriated from the Capital Improvement Contingency account, as set forth below: From: 17220007 - 470001 Capital Reserve Contingency $250,000 To: 17523008 - 489130 Transfer out to Capital Project 250,000 From: 17523008 - 489130 Transfer out to Capital Project $250,000 To: 30012406 - 445 100 Division of Buildings – Reconstruction of City Owned Swimming & Diving Pools $250,000 Dated: Buffalo, NY, March 27, 2000 RECEIVED AND FILED. NO. 18 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS DIVISION OF BUDGET AND MANAGEMENT DIVISION OF ENGINEERING We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $20,000 be transferred and reappropriated from the Division of Budget and Management, as set forth below: From: Org.-Object 30000106-445 100 Capital Project Fund Division of Budget and Management Planning for Capital Projects $20,000 To: Org.-30334506 Capital Project Fund Division of Engineering Erie Basin Marina Rehab IV SV $20,000 Dated: Buffalo, NY, March 28, 2000 RECEIVED AND FILED. NO. 19 LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND POLISH COMMUNITY CENTER FOR USE OF 379 PADEREWSKI-POLONIA HALL ITEM NO. 176, C.C.P. 12/14/99 Pursuant to Resolution #176, C.C.P. 12/14/99, which was submitted by former Councilmember Franczyk, Your Honorable approved to negotiate a new lease for up to 5 years that includes utility payments so that Polonia Hall continues to remain open for the community. In said communication it stated that other not-for-profit agencies in the City of Buffalo have had similar problems in paying their utilities. Former Councilmember Franczyk stated that in many cases the City has picked up those costs through lease negotiations, CDBG Funds, Page 9 00-0418.txt Grant-In-Aid, etc. However, this council communication never stipulated who is paying for utilities CDBG, Grant-in-Aid and/or City of Buffalo. This office forwarded the above reference item to the Corporation Counsel's Office for their recommendation. The Corporation Counsel's Office has requested that since the approving resolution lacked the designation of where the funds are to be paid from, that the Comptrollers Office, Division of Real Estate submit the attached proposed lease to Your Honorable Body for approval. For your information their lease expired on February 28, 2000. In the expired lease the Polish Community Center was responsible for the payment of all utilities. In the proposed lease the City would be responsible for all utilities. This Office has contacted the Office of Human Resources-Contract Administrations and they have informed our office that the Polish Community Center currently receives $30,000 in block grant funds for various facilities that they operate within the City of Buffalo. Of this $30,000 they receive $15,630 for the subject property ($5,850.00 for electrical, $9,000.00 in gas, $450.00 in telephone, water $330.00). This communication is being sent to Your Honorable Body to approve or disapprove the proposed lease drafted by our Law Department. The proposed lease states the Polish Community Center shall forward all utility bills to the City of Buffalo for payment within ten (10) days of receipt thereof. REFERRED TO THE COMMITTEE ON FINANCE. NO. 20 USE OF FORMER PRECINCT #10 - 564 NIAGARA STREET The Buffalo Arts Commission has forwarded a letter from Gale Gorman and Carin Whitney requesting to use the above captioned property for a one-day exhibit. They have indicated that they would like immediate access upon approval of Your Honorable Body through and including May 5th . The exhibit itself will be open to the public one day April 29th . The rest of the time being requested is for setting up and taking down. Both women are graduate students of the University of Buffalo in Arts and under the umbrella of Buffalo Artist Collective Site. The Law Department has reviewed a Statement of Liability and a Commercial General Liability Insurance Certificate in the amount of $2,000,000 that was submitted and has approved the insurance as to form. The Buffalo Arts Commission has requested this office to file a communication to Your Honorable Body requesting approval. The building has no light fixtures, no heating, no water and the roof is leaking in the main section of the building. Providing Your Honorable Body approves of this use, this agreement would include but not be limited to the following terms and conditions: 1.SUNYAB would be responsible for the cost of any utilities that will be required to be turned on. This shall include but not be limited to any maintenance and/or repairs needed to make the utilities operational. This office makes no warranties as to the operation of any of the utilities. 2.SUNYAB will also be responsible for the Page 10 00-0418.txt maintenance and repairs that will be necessary from the time the access the building through May 5th. 3.The alarm system shall be left in the same order to which it was found. If the alarm system is stolen, they will be responsible for replacing this system with a similar system. 4.The rental shall be One Dollar ($1.00). 5.The insurance they have submitted must remain in affect until they completely vacate the premises. This office is requesting that Your Honorable Body approve the Use Agreement. The period will be upon approval of this item through May !~h, 2000. 1 am recommended that Your Honorable authorize the Corporation Counsel's Office to prepare the necessary documents and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the above communication from the Comptroller dated April 13, 2000, be received and filed; and That the Comptroller be, and he hereby is authorized to enter into a use agreement between the City and Gale Gorman and Carin Whitney, on behalf of the State University of New York at Buffalo for use of Precinct #10 - 564 Niagara Street for a one-day exhibit, April 29, 2000, That the Corporation Counsel be authorized to prepare the necessary documents and that the Mayor be authorized to execute the same under the same terms and conditions as listed above. Passed AYES-12. NOES-0. NO. 21 UTILITY EASEMENT NIAGARA MOHAWK POWER CORP. 376 URBAN The Office of the Comptroller, Division of Real Estate, has received the attached easement agreement from Niagara Mohawk. They are requesting our assistance in obtaining the proposed easement agreement to install three poles and necessary down guys and anchors. This easement is needed for the proposed new community center. This item should be referred to the Dept. of Public Works for their response and to the Law Department for approval as to form. I am recommending that Your Honorable Body approve the attached easement agreement and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTTEE ON FINANCE, THE CORPORATION COUNSEL AND THE COMMISSIONER OF PUBLIC WORKS NO. 22 CERTIFICATE OF APPOINTMENT Appointment Effective April 3,2000 in the Department of Audit and Control, Division of Data Processing, to the Position of Data Processing Equipment Operator, Provisional, at the Intermediate Starting Salary of $27,430 Suzanne Zuchlewski 311 Roesch Avenue Page 11 00-0418.txt Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. FROM THE PRESIDENT OF THE COUNCIL NO. 23 APPOINTMENT OF COMMON COUNCIL COMMITTEE ASSIGNMENTS I am hereby appointing the following Common Council Committee Assignments: Special Committee on Governmental Relations Byron Brown, Chair Beverly Gray Rosemarie LoTempio Mary Martino Charley Fisher, III Legislative Committee Richard Fontana, Chair - replacing Alfred Coppola Education Committee Charley Fisher, III, Chair Richard Fontana Dominic Bonifacio Beverly Gray Joseph Golombek Karen Ellington Special Committee on Police Reorganization Dominic Bonifacio, Chair Karen Ellington Richard Fontana Barbara Miller-Williams Mary Martino Charley Fisher, III Rules Committee Beverly Gray to replace Alfred Coppola Council Member Marc Coppola is, assigned to the following Committees: Claims Finance Stadium and Auditorium Task Force Taylor Law Impasse RECEIVED AND FILED NO. 24 SCHEDULE OF 2000 BUDGET HEARINGS WEDNESDAY, MAY 3rd 9:00 A.M. -Common Council Chair: Pitts President of the Council City Clerk Vital Statistics 9:30 A.M. -Mayor Executive Office of Strategic Planning Div. of Zoning & Land Use Planning Div. of Environmental Affairs Div. of Development Div. of Real Estate Div. of Intergovernmental Relations Div. of Citizen Services 10:30 A.M. - Corporation Counsel 11:00 A.M. - Assessment 2:00 P.M. - B.M.H.A. Chair: Coppola THURSDAY, MAY 4th 9:00 A.M. - Department of Management Info Systems Chair: Page 12 00-0418.txt LoTempio 9:30 A.M. - Department of Administration & Finance Div. of Budget & Mgmt. Services Div. of Parking Enforcement Div. of Treasury Div. of Collections Div. of Purchase Div. of Administrative Adjudication 2:00 P.M. -Department of Comm. Services Chair: Martino Div. of Senior Services Div. of Substance Abuse Services Div. for Youth Div. of Disabled Persons Advocacy Div. of Workforce Employment Training FRIDAY, MAY 5th 9:00 A.M.-Department of Police Chair: Bonifacio 1:30 P.M. -Department of Fire Chair: Williams 3-00 P.M. -Audit & Control Chair: Ellington Office of Comptroller Div. of Audit Div. of Accounting MONDAY, MAY 8' 9:00 A.M. -Department of Human Resources Chair: Grant Div. of Employment & Training Div. of Employee Relations Div. of Compensation & Benefits Civil Service Administration Civil Service Appeals Board 11:00 A.M. -Department of Permit & Inspection Services Chair: Fontana Permits Licenses Inspections Plan Review 2:00 P.M. -Department of Public Works, Parks & Streets Chair: Brown Div. of Engineering Div. of Buildings Div. of Water Div. of Telecommunications Demolitions Div. of Parks & Recreation Div. of Streets Street Cleaning & Snow Removal Solid Waste Bureau of Animal Shelter Commission on Citizens Rights & Community Relations TUESDAY, MAY 9th 7:00 P.M. - Board of Education Chair: Fisher WEDNESDAY, MAY 10th 9:00 A.M. -Board of Elections Chair: Coppola 9:30 A.M. -Civic Bodies Chair: Gray 1:30 P.M. -Civic Bodies Chair: Golombek RECEIVED AND FILED. FROM THE COMMISSIONER OF ASSESSMENT NO. 25 Page 13 00-0418.txt CERTIORARI PROCEEDINGS CATHOLIC CLUB OF KENMORE 1530 KENMORE AVENUE This is to advise that the owner, Catholic Club of Kenmore, a Knights of Columbus facility, instituted certiorari proceedings on 1530 Kenmore Avenue, Buffalo, New York regarding the assessment for the fiscal years 1999-00 and 2000-01. The final assessment for the fiscal years 1999-00 and 2000-01 was $675,000 for each year. The owner is agreeable to a settlement which would result in a reduction to $400,000 for each year on 1530 Kenmore Avenue. The taxpayer would be entitled to a refund of $10,914.34 for the 1999-00 year. The 1999-00 tax would be reduced from $26,789.78 to $15,875.42. The taxpayer would receive an adjusted bill for the 2000-01 taxes. Based upon a review of the current market value of the property, I feel this settlement would be in the best interest of the City. I recommend this settlement, in which the Department of Law concurs. The proposed settlement is subject to the approval of Your Honorable Body. I therefore hereby request that the Corporation Counsel be authorized to settle the 1999-00 and 2000-01 certiorari proceedings on 1530 Kenmore Avenue by reducing the assessment from $675,000 to $400,000 for each year. REFERRED TO THE COMMITTEE ON FINANCE. NO. 26 DELINQUENT ECIDA ACCOUNTS DELINQUENT PILOT AGREEMENTS Attached is a listing of delinquent ECIDA accounts as of March 21, 2000. The company name, address of the property covered by the agreement, year of the unpaid billing and the unpaid amounts are listed separately. We are requesting the ECIDA and the City of Buffalo Department of Law to pursue collection of these delinquent agreements. REFERRED TO THE COMMITTEE ON FINANCE THE CORPORATION COUNSEL AND ECIDA FROM THE COMMISSIONER OF PUBLIC WORKS No. 27 Notification Serial # 9189 Repeal No Parking except Fire Department Personnel Only on Ellicott Street, west side between East Mohawk and East Huron Streets NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing the following: NO PARKING EXCEPT FIRE DEPARTMENT PERSONNEL ONLY PROHIBITED PORTION OF HIGHWAY On the west side of Ellicott Street from a point 208 feet Page 14 00-0418.txt south of the south curb line of East Huron Street to a point 112 feet south thereof. PROHIBITED PERIOD At All Times This action is being taken at the request of the Buffalo Fire Department. It is necessary to provide additional on-street space in order to allow fire apparatus parking adjacent to their radio repair facility. (see next serial) Notification Serial #9190 Install No Parking except Fire Department Personnel Only on Ellicott Street, west side between East Mohawk and East Huron Streets NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING EXCEPT FIRE DEPARTMENT PERSONNEL ONLY PROHIBITED PORTION OF HIGHWAY On the west side of Ellicott Street from a point 208 feet south of the south curb line of East Huron Street to a point 156 feet south thereof. PROHIBITED PERIOD At All Times This action is being taken at the request of the Buffalo Fire Department, It is necessary to provide additional on-street space in order to allow fire apparatus parking adjacent to their radio repair facility. (see previous serial) REFERRED TO THE COMMITTEE ON LEGISLATION NO. 28 REPORT OF BIDS TREE ROOT DAMAGED SIDEWALKS - CITY WIDE-2000 GROUP #523 ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids on April 5, 2000 for Tree Root Damaged Sidewalks - City Wide - 2000. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base BidUnit Price Increase Master's Edge, Inc.$378,050.00$415,855.00 Greenauer Dev. Corp. $396,640.00$434,445.00 Sicilia Const Co., Inc. $433,160.00$470,965.00 A.B.P. Concrete Const Inc.$451,295.00$489,100.00 P & J Construction Co., Inc$462,050.00$499,855.00 Mario Campanella Concrete Construction $473,305.00$511,110.00 C. Destro Development Co., Inc. $499,475.00$537,280.00 Page 15 00-0418.txt C & C Contractors, Inc. $516,850.00$554,655.00 M.P.J. Contracting, Inc. $632,550.00$670,355.00 I hereby certify that the lowest responsible bidder for the above project is Master's Edge, Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $415,855.00 ($378,050.00 Base Bid + 10% unit price increase $37,805.00 = Total Award $415,855.00). Funds for this work will be available in our Capital Project Account #34310506 and a proposed list of locations is attached. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by May 22, 2000. Individual bid submissions are available in our office for inspection and copies are available upon request. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 29 CHANGE IN CONTRACT FILLMORE FERRY POLICE PRECINCT HVAC WORK I hereby submit to Your Honorable Body the following changes for the Fillmore Ferry Police Precinct, HVAC Work, D. V. Brown & Associates, C #91993200. 1. Increase insulation on hot water piping from 1 to 11/2" thickness to comply with NYS Energy Code requirements. Add $ 736.00 The foregoing change results in a net increase in the contract of Seven Hundred Thirty Six and 00/100 Dollars ($736.00). Summary: Current Contract Amount $167,400.00 Amount of This Change Order (#1) Add$ 736.00 Revised Contract Amount $ 168,136.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Trautman Associates) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 30229306 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works dated April 18, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to D. V, Brown & Associates, an increase in the amount of $736.00, as more fully described in the above communication, for work relating to Fillmore Ferry Police Precinct, HVAC,C#91993200. Funds for this project are available in CPF 30229306 445100 -Division of Buildings. PASSED AYES-12. NOES-0 NO. 30 BUILDINGS CHANGE IN CONTRACT MAIN TUPPER POLICE PRECINCT Page 16 00-0418.txt GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Main Tupper Police Precinct, General Construction, C. Nichter, Inc., C #91994200. 1. Omit masonry/precast screenwall on Main Street and install ornamental metal fencing to match fencing on remainder of project. Deduct $9,800.00 2. Furnish and install five (5) type W-1 windows as recommended by the Preservation Board and requested by the Police Department. Add $6,779.00 The foregoing change results in a net decrease in the contract of Three Thousand Twenty One and 00/100 Dollars ($3,021.00). Summary: Current Contract Amount $3,058,409.00 Amount of This Change Order (#5) Deduct $ 3,021.00 Revised Contract Amount $3,055,388.00 Costs have been reviewed by the Consulting Architect (Foit-Albert Associates) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 34320206 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works dated April 11, 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 C. Nichter, Inc., a decrease in the amount of $3,021.00, as more fully described in the above communication, for work relating to Main Tupper Police Precinct, General Construction, C #91994200. Funds for this project are to be credited to CPF 34320206 445 100 Division of Buildings. Passed Ayes-12, Noes-0 NO. 31 CHANGE IN CONTRACT MAIN TUPPER POLICE PRECINCT PLUMBING WORK I hereby submit to Your Honorable Body the following changes for the Main Tupper Police Precinct, Plumbing Work, M.K.S. Plumbing Corp., C #91993100. 1. Revise layout of storm drainage on site to incor- porate the additional parking area. Add $ 3,595.36 2. Install watertight joint on the 24" HDPE detention piping in lieu of the silttight joint called for in the specifications at the direction of the City plumbing inspector. Add $ 4,510.16 3. Remove two (2) old taps from the City water main uncovered during excavation as directed by the City plumbing inspector. Add $ 7,683.15 4. Delete the china lavatories. Corian sinks are included in the countertop work provided by the general contractor. Deduct $ 746.00 5. Supply and install prefab shower bases. Shower bases were not specified in either the plumbing or general construction contracts. Add $ 1,385.64 6. Furnish and install an expansion tank for the domestic hot water system. Add $ 437.19 The foregoing change results in a net increase in the contract of Sixteen Thousand Eight Hundred Sixty Five and Page 17 00-0418.txt 50/100 Dollars ($16,865.50). Summary:Current Contract Amount $ 225,426.00 Amount of This Change Order (#1) Add$ 16,865.50 Revised Contract Amount $ 242,291.50 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Foit-Albert Associates) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 34320206 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Change in Contract REFERRED TO THE COMMITTEE ON FINANCE NO. 32 RECONSTRUCTION SENECA BABCOCK CENTER GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Reconstruction of Seneca Babcock Center, General Construction, The Hadala Corporation, C #92010170. 1. Revisions to countertops to accommodate computer keyboards. Add $ 1,547.00 2. Repair existing masonry block walls above old ceiling lines that were found to be loose between Hall #114 and Room #103. Add $ 2,530.00 3. Furnish and install toilet room accessories. Add $ 725.00 4. Revise toilet room #105 for handicapped accessibility as mandated by the Code Review Dept. Add $ 1,840.00 5. Undercut hollow metal doors in Room #129 for added floor underlayment work. Add $ 1,150.00 6. Add plywood underlayment over existing vinyl asbestos floor tile and install a seamless vinyl floor in lieu of the floor tiles specified. Add $14,729.00 The foregoing change results in a net increase in the contract of Twenty Two Thousand Five Hundred Twenty One and 00/100 Dollars ($22,521.00). Summary: Current Contract Amount $144,900.00 Amount of This Change Order (#1) Add $ 22,521.00 Revised Contract Amount $167,421.00 Costs have been reviewed by the Consulting Architect (Ronald W. Bugaj, Architect) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 30341006 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works dated April 12, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to the Hadala Corporation, an increase in the amount of $22,521.00, as more fully described in the above communication, for work relating to Reconstruction Seneca Babcock Center, C#92010170. Funds for this project are available in CPF Page 18 00-0418.txt 3034100 445100 -Division of Buildings. Passed AYES-12, NOES-0 NO. 33 CHARGES FOR DOCKAGE ALONG THE BUFFALO HARBOR Chapter 495 of the Code of the City of Buffalo governs the use of the City's wharves, harbors and bridges. We have found that this ordinance does not cover two situations that have begun to occur frequently, and that we feel will happen even more frequently once the inner harbor is completed and operating. From time to time we are contacted by the owners of vessels that wish to dock at City-owned properties along the Buffalo River, outside of the Erie Basin Marina. No where in our ordinances is the Commissioner of Public Works given authorization to charge for this dockage. I suggest that a charge of $1.30 per foot per day be established, and that all vessels be charged this fee unless the vessel is owned by the United States, the State of New York or the City of Buffalo. Secondly, in the operation of the Erie Basin Marina, we have found that on occasion a vessel will dock in a slip or along the wall of the Marina without permission. The current ordinances do not allow the Commissioner of Public Works or the Commissioner of Police to issue a summons for this violation. I suggest that this power be given to both Commissioners and that the fine be set at $35.00 per occurance, and that the Commissioner of Public Works be given authorization to tow any vessel so illegally docked at the owner's expense. I respectfully request that the Common Council direct the Corporation Counsel to prepare the proper amendments to the Code to effectuate these changes. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 34 FIBERGLASS BUFFALOES WITHIN CITY RIGHT-OF-WAY Roswell Park Cancer Institute and the Burchfield-Penney Art Center, in conjunction with the City, have proposed to sponsor the placement of approximately 150 fiberglass Buffaloes within the right-of-way at various locations throughout the City. The Buffaloes are approximately four and a half (4'6") feet tall, seven (7') feet long, and weigh 100 pounds with a 400 pound concrete base. They will be temporarily installed within the right-of-way between May and October, 2000. The Buffalo Arts Commission has reviewed the proposed locations and has no objections to the temporary placement of these works of art. The Department of Public Works has reviewed this request pursuant to Chapter 413-67 (Encroachment Regulations) 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 installation provided the following conditions are met: 1. That all proposed locations be approved by the Department of Public Works, Division of Engineering with regards to pedestrian movement and lines of sight of motorists entering an intersection. 2. That the group sponsoring said installation be Page 19 00-0418.txt responsible for maintenance and removal of the Buffaloes. 3. That the Buffaloes can be removed upon 24 hour notice to accommodate sidewalk and curb replacement or utility company repairs to underground facilities. 4. That the Department of Public Works be provided a certificate of insurance in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the installation, use or removal of said Buffaloes. Mrs. LoTempio Moved: That the above communication from the Department of Public Works dated April 12, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue a “mere license" to Roswell Park Cancer Institute and the Burchfield-Penney Art Center, to sponsor the placement of approximately 150 fiberglass Buffaloes, which would encroach city right-of-way throughout the City, between May and October, 2000, subject to the conditions as listed above. Passed. Ayes-12, Noes-0 NO. 35 PERMISSION TO ENGAGE CONSULTANT RESTORATION OF 60 HEDLEY PLACE I respectfully request Your Honorable Body's permission to engage an architectural/ engineering consultant to prepare an environmental report, specifications, advertise and receive bids for the restoration of 60 Hedley Place. Funds for this work are available in CPF 34640306 445100. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works dated April 12, 2000 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to engage an architectural/engineering consultant to prepare an environmental report, specifications, advertise and receive bids for the restoration of 60 Hedley Place at a price to exceed $300,000. Funds for this project are available in CPF 34640306 445100. Passed. Ayes—12, Noes-0 NO. 36 PERMISSION TO ENGAGE SERVICES CONSULTING ENGINEER WATERMAIN REPLACEMENT DAVIS STREET The Division of Water requests permission from your Honorable Body to hire a consulting engineer to provide construction inspection services for Watermain Replacement on Davis Street between Jefferson Avenue and Genesee Street. Community Development is in the process of constructing new, single family homes on this street. The existing watermain is 4 inches in diameter, which is too small to provide adequate flow for the proposed development. The proposed project will replace the 4 inch main with an 8 inch main. The cost for consulting engineering services are estimated to be $25,000.00 Mrs. LoTempio Moved: Page 20 00-0418.txt That the above communication from the Commissioner of Public Works dated April 13, 2000 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to hire consulting engineer to provide construction inspection services for Watermain Replacement on Davis Street between Jefferson Avenue and Genesee Street. Passed. Ayes-12, Noes-0 NO. 37 PERMISSION TO PREPARE PLANS & SPECIFICATIONS AND ADVERTISE PROPOSALS FOR THE STRIPING OF CROSSWALKS VARIOUS CITY STREETS - 2000 I hereby request permission from Your Honorable Body to prepare plans and specifications and advertise for sealed proposals for the project specified below. 1. Striping of Crosswalks - Various City Streets- 2000 The Engineer's estimate for this project is $100,000.00. Funding for this contract will be available in Bond Fund No.34310506. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works dated April 11, 2000 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to prepare plans and specifications and advertise for sealed proposals for the Striping of Crosswalks Various Streets - 2000. Funds for this project are available in Bond Fund No. 34310506. Passed. Ayes-12, Noes-0 NO. 38 621 MAIN STREET REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mr. Michael Hodgdon, owner of The Empire Brewing Company, located at 621 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 twentyeight feet (28') in length and project five feet (5') from the building face into City right-of-way. The Department of Public Works has reviewed Mr. Hodgdon'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 five feet (5) 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 1 each year. 6. That the applicant be assessed the annual fee of $1.35 Page 21 00-0418.txt 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. 39 80 OAKGROVE AVENUE REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mrs. Kathleen Williams-Tyler, owner of Emtea Coffee Cup Cafe, located at 80 Oakgrove Avenue, has requested permission to install a sidewalk cafe which would encroach City right-of-way at said address. The proposed cafe would consist of two areas measuring ten feet (10') in length and projecting three feet (3ft) from the building face into City right-of-way on both Oakgrove and Hughes Avenues. The Department of Public Works has reviewed Mrs. William-Tyler'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 Work 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 feet (20') in overall length or extend more than three feet (ft) 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 1 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, 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 damag arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ONLEGISLATION AND THE CITY PLANNING BOARD NO. 40 67 WEST CHIPPEWA STREET SIGN, AWNING, SIDEWALK CAFE WITHIN RIGHT-OF-WAY Mr. John Klenk, owner of 67 West, a bar and restaurant located at 67 West Chippewa Street has requested permission to install a sign, awning, and sidewalk cafe at said address. The proposed sign would measure 19' in Page 22 00-0418.txt height and project a maximum of 7' from the building face into City right-of-way. The proposed awning would measure 23' in length and project 7' from the building face into City right-of-way. The existing cafe at this location measures 22' in length and projects 6' from the building face into City right-of-way, Mr. Klenk has applied to extend this cafe, with a removable awning, 24' cast, thereby occupying right-of-way adjacent to the parking lot next to his restaurant. Although Mr. Klenk has permission from the parking lot owner, Chapter 413-59 (Sidewalk Cafes) of the City Ordinances states restaurant owners may extend services onto the sidewalk which the restaurant abuts. Mr. Klenk has asked for a variance to this requirement from Your Honorable Body and this department hereby refers the matter to the Common Council for consideration. The Department of Public Works has reviewed Mr. Klenk's application pursuant to Chapters 413-56 (Awnings, Canopies and Marquees), 413-59 (Sidewalk Cafes), and 413-67 (Encroachment Regulations) 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 encroachments provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the sign, awning, and 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 46' in overall length or extend more than 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 1 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 sign, awning, and/or sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 41 RESPONSE TO P. MEIDER-WATER METER PROBLEMS Item No. 89, C.C.P. 3/21/00 This is in response to a communication from Ms. Patricia Meider, 186 Brinkman Avenue, regarding the placement of a water meter at this property. Section 491-59 of the City Code states that "the owner, agent, or tenant of the premises must provide a suitable place wherein to place the meter." It is therefore Ms. Meider's responsibility to do so. REFERRED TO THE COMMITTEE ON FINANCE NO. 42 RESPONSE TO E. SAUNDERS-INCREASE Page 23 00-0418.txt IN WATER RATES ITEM NO. 91, C.C.P. 4/4/00 This department has been asked to respond to the referenced communication from Mr. Edward Saunders, 253 Olympic Avenue, regarding increased sewer rates of the Buffalo Sewer Authority. As Commissioner of Public Works, Chairman of the Buffalo Water Finance Authority, or as Representative of the Buffalo Water Board, I do not have any involvement with the setting of sewer rates. That power rests solely with the Board of the Buffalo Sewer Authority, so I cannot comment on the question of sewer rates mentioned in Mr. Saunders' communication. I will attempt however to respond to questions that Mr. Saunders raises regarding the installation of water meters, and information requested by Sr. Legislative Assistant, Mary Lou Hooper in her April 6, 2000 communication to me. Mr. Saunders asks if homeowners can keep flat rate water service and what would be the outcome if they refuse to change to a metered system. The Buffalo Water Board was issued Permit # 9-140200723/00001-0 by the New York State Department of Environmental Conservation on November 30, 1992. This permit allows the Buffalo Water Board to operate the City of Buffalo water system. A condition of that permit requires that a universal metering program by implemented throughout the system. Thus every water customer of the Board must have a meter installed. Should a property owner refuse to allow the installation of a meter, his water service may be terminated in accordance with Chapter 491 of the Code of the City of Buffalo. I believe that these are the only questions that Mr. Saunders possesses that I can address. In Ms. Hooper's communication, she requests the "Water Board's operating budget for the past five years, i.e., the amount of savings, and how the money is being used." Attached is the Comparative Schedule of Revenues, Expenses and Transfers for Fiscal Year Ending June 30, for the past five years. This information is provided from the Buffalo Water Finance Authority's audited financial statement in connection with their bond issuance of December 1999. As you may be aware in the 1998-99 fiscal year, the Board entered into a management contract with American Anglian Environmental Technologies for the operation of the system. As a result of that action, costs were reduced which resulted in savings which were passed along to the rate payers in an eight percent (8%) rate reduction. REFERFIED TO THE COMMITTEE ON FINANCE NO. 43 CERTIFICATE OF APPOINTMENT Appointment Effective: April 4, 2000 in the Department of Public Works Division of Engineering to the Position of Assistant Engineer Permanent Appointment at the Maximum Starting Salary of $ 41,020 Kenneth J. Wierzbicki 771 McKinley Parkway Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 44 CERTIFICATE OF APPOINTMENT Appointment Effective: April 4, 2000 in the Department of Page 24 00-0418.txt Public Works Division of Engineering to the Position of Assistant Engineer Permanent Appointment at the Intermediate Starting Salary of: $39,579 Joseph J. Poltorak, 106 Delsan court, Buffalo 14216 Michael H. Hoffert, 55 Coburg Street Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 45 CERTIFICATE OF APPOINTMENT Appointment Effective: April 10, 1000 in the Department of Public Works Division of Buildings to the Position of Senior First Class Stationary Engineer, Provisional, Appointment, at the Maximum Starting Salary of: $ 33,224 Rodney J. Martz, 98 Alsace Avenue, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 46 DRUG ASSET FORFEITURE CHECKS RECEIVED Item No. 104, C.C.P. 2/2/88 8155-00111544C2-00-0014$2,536.43 8155-00111531C2-99-0123 1,380.14 TOTAL DEPOSIT $ 3,916.57 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 851-4514. RECEIVED AND FILED NO. 47 DRUG ASSET FORFEITURE CHECKS RECEIVED ITEM NO. 104, C.C.P. 2/2/88 8155-00111389C2-99-0106$ 540.00 8155-00111468C2-99-0104 960.00 8155-00111466C2-00-0004 1,187.35 8155-00111464C2-00-0005 851.35 8155-00111470C2-00-000611,552.03 TOTAL DEPOSIT $15,090.73 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, 420010000-389001. 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 Page 25 00-0418.txt 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 851-4514. RECEVIED AND FILED NO. 48 OLD PERSONAL COMPUTERS AVAILABLE FOR AUCTION Old Personal Computers Available for Auction. We are respectfully requesting your permission to auction the following equipment in the next property auction conducted by the Buffalo Police Department. The hard drives in all of the computers were reformatted as to eliminate all data. PC's MIS #SERIAL #MODEL#CITY OF BUFFALO 410223TRMTX6571-L5K 923AXPBM6472-L4F 4623PPV5G6384V51034816 4923LHDTN6384-M43 036835 A710117613MPF-PC/7 10T01756 78PVXDW8570-081036269 78PWCVH8570-081036265 78PVXGB8570-081036267 78PWCFV8570-081036271 6723BPLPZV8535-043036162 6523BLRZV8535-043 8023-14588108530-E21 10823RVHDG6571-1-5K 13323GNHB86587-79T 1723AWCFC6472-1-4F041186 6623BLTDZ8535-Q43036160 A710117858MPFPC/7 10T01757 6123NTV258557-Q45030842 D1308813PEER-2030032858 099010071KEEN-2530032796 5223ABZZ33557-Q86039122 MONITORS VGA-C2032860 8513001T02233 CM-323032837 23-PXGX96324-001041193 23-0935N6324-001041203 23-0935K6324-001041417 23-2624Y6324-001041256 AT09401060162VM1491H 9370337VIDE0410 90205907PB1272A 23-006166314-001036828 23-304276314-001 23-0935L6324-001041410 23N75448518-001036161 23-191726314-001036820 6023-814136318-001039648 4323-814186318-001039652 23-0935P39G6234041413 23PX67239G6234041185 Page 26 00-0418.txt 23N75358518-001036159 23PXGX739G6234041202 23CTFA88513001030508 230922M6234-001041420 MC912009251430 031896 23GN3258513-001T02235 230935H6324-00104414 R323CPFACCM323032304 R3313CHKGEVGA-C2032863 R323CHFACCM323032797 72-00518378513-001 23VO6738518-001036264 H8ZC206TI6CVM4967T 723BC050J610 230935N6324-001041203 23PXHF96324-001041196 23LO2708518-001 23F58546091-19036413 232624X6324-001041257 12223KI9636542-301 043285 230922L6324-001 041421 17123FB3006543-001044178 231191646341-001036825 30230922K6324-001041411 23106626318-001 039140 23R23666542-301043318 23WI3776542-301043525 REFERRED TO THE COMMITTEE ON FINANCE NO. 49 NOTICE OF AUCTION THE CITY OF BUFFALO POLICE DEPARTMENTS ANNUAL BICYCLE AUCTION. ON APRIL 15, 2000, BEGINNING AT 9AM AT POLICE HDQ, 74 FRANKLIN ST. (CHURCH AND FRANKLIN STREETS) BUFFALO. WE HAVE ABOUT 200 BICYCLES FOR SALE. CASH ONLY AUCTION BID, NO PERVIEW OF BIKES-QUESTIONS CALL 851-4567 MONDAY THROUGH FRIDAY 9 to 4. RECEIVED AND FILED NO. 50 CERTIFICATE OF APPOINTMENT Appointment Effective: April 10, 2000 in the Department of: Police Division of to the Position of: Motor Equipment Maint. Supervisor I Temporary Appointment at the Intermediate Starting Salary of $30,434 David J. Botticello, 24 McClellan Circle, Buffalo, New York 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 51 CERTIFICATE OF APPOINTMENT Appointment Effective April 10, 2000 in the Department of Police Division of to the Position of Report Technician Permanent Appointment at the Intermediate Starting Salary of $ 25,831 Deborah E. Longo 325 North Park - Apt. 1 Buffalo, New York 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 52 Page 27 00-0418.txt ASSESSMENT OF FIREFIGHTING EQUIPMENT FROM B.F.D. CCP #113 - JANUARY 11, 2000 The following is in response to The Buffalo Fire Department has over 100 Firefighting pieces of equipment which perform various duties and functions. Assigned to various locations throughout the city are: 23 engine companies pumper 12 ladder (truck) companies 1 Heavy Duty Rescue Company 4 Battalion Chiefs 1 Division Chief The Fire Department also has vehicles assigned to the Fire Prevention Bureau, Arson Investigation Bureau, Emergency Medical Services, Training Bureau, Hazardous Materials Bureau, Safety Bureau, Radio Repair, Alarm Office, Apparatus Repair Garage, Service Station and various Headquarters staff functions. Of these 55 vehicles, including chiefs cars: 8 are 0-2 yrs.12 are 9-11 yrs. 5 are 3-5 yrs. 17 are 12-15 yrs. 9 are 6-8 yrs.4 are 16 yrs. or older Over the past 6 years, the Fire Dept. has refurbished 3 engine companies at their Repair Garage. We will rebuild 3 more engine companies with the allocated funding of $250,000 in the 1999-2000 Capital Improvement funds. We also will repair all of our damaged equipment (accidents, etc.) at our Repair facility on 7th Street using various budget lines. Over the past 6 years we have claimed 15 vehicles from the auto impound, Police vehicle auction and various other locations, including gifts. We have made great progress in replacing older equipment, but we have been playing "catch-up". The National Fire Protection Agency (NFPA) recommends the in-service life of 15-20 years for engine and truck companies, with one reserve (spare) for each 5 engine companies, and one reserve (spare) for each 7 ladders, which would equate out to 2 spare ladder trucks and 5 spare engines. To fulfill this recommended standard, the Fire Department requested: 6 engines (pumpers), 2 trucks (ladders) and 1 heavy duty rescue. We also requested various autos and support vehicles. The above requests are to meet optimun conditions, but with the serious budget problems facing the City, we in the Fire Department will do everything possible to meet the needs of the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 53 U.S. DEPT. OF JUSTICE GRANT The City of Buffalo Disaster Preparedness Office will receive a $100,000 grant from the U.S. Dept. of Justice Programs. These funds will be used to purchase communications equipment, personal protective equipment and detection equipment for the Domestic Preparedness Program. I am requesting these funds be approved for expenditure by the Disaster Preparedness Office. If you have any questions, please contact me at 851-5333 ext. 352. Mrs. LoTempio moved, That the above communication from the Department of Fire dated April 6, 2000, be received and filed; and Page 28 00-0418.txt That the Disaster Preparedness Office be, and hereby is authorized on behalf of the City to accept the grant of $100, 000. 00 to administer the Domestic Preparedness Program, from the U.S. Department of Justice Programs. PASSED AYES -12 NOES - 0 FROM THE CORPORATION COUNSEL NO. 54 REVIEW APPOINTMENT OF MEMBERS TO THE EMERGENCY MEDICAL SERVICES BOARD C.C.P., 3/21 /00, NO.1 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of April 7, 2000) that the following appointee to the Emergency Medical Services Board have no outstanding debts to the City: Clarke E. Eaton, Jr. David J. D'Arata REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 55 LDA NEW BUFFALO INDUSTRIAL PARK APPROVAL OF CONTRACT FOR SALE OF LAND - 1.8 ACRES PORTION OF DISPOSITION PARCEL 5 The City of Buffalo Urban Renewal Agency duly designated Richard Weber as Agent for an LLC to be formed 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. 56 BRODERICK PARK IMPROVEMENTS REPORT OF BIDS TEXT: I hereby request permission to take bids for the above project; and have asked for and received the following Page 29 00-0418.txt bids for Broderick Park Improvements on April 11, 2000. BASE Alternates COMPANYBID#,4,5,6 TOTAL Titan Development$67,900$15,900 $83,800 Visone Construction Inc.83F30020,000 103,300 Gleason's Nursery90,68825,806 116,494 Campanella construction104,48534,500 138,985 CONSULTANT'S ESTIMATE $70,000 I hereby certify that the foregoing is true and correct statement of the bids received. We are accepting the base bid plus add alternates #4, 5, and 6. Therefore Titan Development, 8534 Seaman Rd, Gasport, NY 14067 is the lowest responsible bidder for a combined total of $83,800 in accordance with the plans and specifications. I recommend the Your Honorable Body authorize the City to order the work on the basis of the combined lowest, responsible bid. Funds are available in the Bon( Fund Accounts: 30018606, 30339406, 31634406, and 30440806. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated April 12, 2000, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Broderick Park Improvements, to Titan Development, the lowest responsible bidder, in the amount of $83,800.00. Funds for the project are available in Bond Fund Accounts 30018606, 31634406 and 30440806. PASSED AYES -12 NOES - 0 NO. 57 SCHILLER PARK PHASE 1 REPORT OF BIDS Having received permission, Item #60, C.C.P. 2/03/98,to execute the master plan for Schiller Park, I hereby request permission to take bIds -for the above project; and have asked for, received and publicly opened the followinq bids on April 4, 2000 for Schiller Park Phase 1: BIDS AVAILABLE IN CITY CLERKS OFFICE I hereby certify that the foregoing is true and correct statement of the bids received. We are accepting the base bid plus alternates #1, 3, 4, 5, and 6. Therefore MAN 0 TREES, 6089 Sullivan Hollow Road Killbuck, NY 14748 is the lowest responsible bidder for a combined total of $687,804 in accordance with the plans and spec's. I recommend the Your Honorable Body authorize the City to order the work on the basis of the combined lowest, responsible bid. Funds are available in the City Wide Parks and Playground Bond Fund Account. City Wide Parks and Playground Improvement Bond 991-001 Munis account number pending. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated April 6, 2000, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Schiller Park Phase 1, to Man 0' Trees, the lowest responsible bidder, in Page 30 00-0418.txt the amount of $687,804. Funds for the project are available in City Wide Parks and Playground Improvement Bond 99'-00' Munis account number pending. PASSED AYES -12 NOES - 0 NO.58 LODGING HOUSE ORDINANCE I am in receipt of your inquiry as to the Lodging House Ordinance and the relationship it has to the hearing process to the licensing of these types of premises. The Department of Community Development, Division of Inspections, License and Permits is responsible for the enforcement of the Zoning, Housing and Building Codes as they relate to private owned structures in the City of Buffalo. Criminal and nuisance activity at Lodging Houses, Delicatessens, and other area! frequented by drug abusers are the responsibility of the Department of Police. We in the Department of Community Development, Division of Inspections, Licenses and Permits are in support of the strengthening of any legislation that will help curb any illegal or offensive activity that takes place in these types of properties. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 59 D. MARCI-DALLAS-ZOLLARS BLOCK CLUB/SORENTO CHEESE COMPANY (ITEM NO. 84, C.C.P. 3/21/00) In response to the above stated Common Council communication I wish to supply your Honorable Body with the following information. There have been several discussions concerning this problem with representatives of Sorento Cheese. Both the City of Buffalo and concerned neighbors of the cheese production company have attempted to negotiate( a timely and reasonable resolve. A notice of Violation has been delivered to the Sorento Cheese company. No action was taken against the company because of a meeting that was to be scheduled to discuss the remedy to the situation. As a meeting has been scheduled the Building Inspector that has charge of this case has been instructed to write a summons and complaint against Sorest Cheese for the violation of the Zoning Ordinance of the City of Buffalo. If further information is needed concerning this matter, Please feel free to contact the Division of Inspections, License and Permits It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 60 REG. OF HAZARDOUS WASTE DISPOSAL SITE - 858 E. FERRY STREET #85 CCP APRIL 4, 2000 The Department of Community Development advises the Common Council regarding the recent listing of 858 East Ferry as a Class 2 waste site under the New York State Department of Environmental Conservation's system of management for such sites. The site is a former solid waste landfill and lead/zinc smelter. Study of the site has revealed that ash; PCB's and lead are substances of concern. The classification '12" reflects the view of the Department of Page 31 00-0418.txt Environmental Conservation that the site poses a potential threat to public health and the environment. The Department of Environmental Conservation, by virtue of its listing of the site, now has authority to insure appropriate management of the site. The City is the owner of this former municipal solid waste landfill and will work with New York State to insure proper remediation of the site. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 61 REG. OF HAZARDOUS WASTE DISPOSAL SITE 1382 NIAGARA STREET #86, CCP APRIL 4, 2000 The Department of Community Development advises the Common Council regarding the recent listing of 858 East Ferry as a Class 2 waste site under the New York State Department of Environmental Conservation's system of management for such sites. The site is a former chemical storage facility. There is concern that spilled chemicals may be problematic and impact the water table affecting the Niagara River at the Black Rock Channel. The classification “2” reflects the view of the Department of Environmental Conservation that the site poses a potential threat to public health and the environment. The Department of Environmental Conservation, by virtue of its listing of the site, now has authority to insure appropriate management of the site. The City will work with New York State to insure proper remediation of the site. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. FROM THE COMMISSIONER OF STREET SANITATION NO. 62 COMMERCIAL WASTE PICKUP (STREETS) ITEM #59 CCP, MARCH 21, 2000 As per your request of April 5, 2000, attached please find the response to request for information from the Common Council regarding Commercial Refuse Information. REFERRED TO THE COMMITTEE ON BUDGET FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 63 RESIDENCY REPORT RESIDENCY INVESTIGATIONS 2/8/00 #00297 (MRS. GRAY) 2/22/2000 #00265 (MRS. GRANT) The Residency officer currently has a total of 18 active investigations. The process begins with a tip lead, request from a department head and/ or complaints from co-workers or neighborhood group. An investigation is started and when enough evidence is found to Present a "prima facial" case, it is sent to the Asst. Director of Labor Relations to file charges through the employees Dept. head. The next step is an informal hearing where the employee Pleads either guilty" or "not guilty". If guilty, the employee is terminated. If "not guilty", a formal hearing is requested. It takes approx. 4-6 months for the Page 32 00-0418.txt entire process. It is improper for the disclosure to any agency on the name, dept. and or status of any case. The Residency Officer currently has 3 formal hearings scheduled, 4 informal hearings scheduled and 11 investigations. Currently, flyers are being distributed to Dept. heads and hung on all floors to give the confidential tip-line number and mailing address of the Residency Officer for information. The Residency Officer also does a residency check and criminal/arrest report on all applicants to the Civil Service Commission. This number is approx. 35-50 per week. A monthly report will be made regarding the disposition of all cases during that month to the Council - or any agency requesting such data. Regarding residency waivers, Mr. Farina from the Comptrollers Office was granted a 6 month waiver on l/l/2000 and expires 6/30/2000. Mr. Van Vessem from the Law Dept. was granted a waiver on 3/6/00 and is in effect until 9/6/00 Charles Flynn, Residency Officer 851-4691 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 64 SPEC. REVENUE FUNDS/TRUST AND AGENCY ACCOUNTS RES. 191, C.C.P. MARCH 7, 2000 I have attached a report prepared by the Budget Office that I hope will answer most of Your Honorable Body's questions. I would be happy to discuss the matter further should you so desire. REFERRED TO THE COMMITTEE ON BUDGET NO. 65 APPT PARKING ENF OPERATOR INTER PERM Appointment Effective April 7, 2000, in the Department of Administration and Finance Division of Parking Enforcement to the Position of Parking Enforcement Officer Permanent Appointment at the Intermediate Starting Salary of $23,664 Nicole L. Bongiovanni,18 Seabrook Street, Buffalo 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION NO. 66 ACCEPT NYS OFFICE OF CHILDREN & FAMILY SERVICES G OF $4,000.00. Action Requested of the Common Council: The Buffalo Division for Youth request the following action of the Common Council: 1)Please grant the Buffalo Division for Youth permission to accept the grant of $4,000.00 from the NYS Office of Children & Family Services. The Buffalo Division for Youth is one of 24 Youth Bureaus selected from the New York State Office of Children and Family Services, to administer the "Career's In Law Enforcement Program", to high school juniors and seniors in the City of Buffalo. This project is in its 2nd year; The Buffalo Board of Education has teamed with the Buffalo Division for Youth to continue the program, drawing on resources from the Local Law Enforcement community, and the legal Page 33 00-0418.txt system. Twenty Buffalo high school juniors and seniors have been selected by their principals to participate in the second year of a program designed to familiarize them with Careers in Law Enforcement. The program will run for 14 consecutive weeks; beginning February 29, 2000, whereby a course curriculum will be taught to the youth participants by the New York State Police. A graduation will take place in Albany at the end of the program. Students will receive Certificates and Awards and speak-with New York State Governor Pataki. Mrs. LoTempio moved: That the above communication from the Division of Youth dated April 3, 2000, be received and filed; and That the Division of Youth be, and hereby is authorized on behalf of the City to accept the grant of $4,000.00 to administer the "Career's In Law Enforcement Program", from the NYS Office of Children & Family Services. PASSED AYES -12 NOES - 0 NO. 67 PERMISSION TO ENTER INTO AGREEMENT We are asking Council authorization to enter into an agreement with the Buffalo Olmsted Parks Conservancy regarding the concession at Delaware Park formerly known as the Deli at Delaware. A copy of the agreement is submitted for your approval. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL NO. 68 REMOVAL OF DEAD TREE AT 95 PECKHAM STREET ITEM#16 CCP The Forestry Department has sent a representative to 95 Peckham to inspect the tree for condition. The tree in question will be placed on a removal list. It is no immediate hazard. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 69 APPT CASE MANAGER PERMANENT MAX Appointment effective April 3, 2000 in the Department of human Services, Parks and Recreation to the position of Case Manager, Permanent Appointment at the Maximum Starting Salary of $31,072 Christa Hodge, 307 North Park Ave. Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 70 APPOINT DRUG ABUSE NURSE (RN) PERMANENT Appointment Effective: April 7, 2000 in the Department of Human Services, Parks and Recreation to the position of Drug Abuse Nurse RN at the Intermediate Starting Salary of $29,412.00 Donna M. Gerst-Lentini, 89 Clayton Street, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CIVIL SERVICE COMMISSION NO. 71 "TEMP. WAIVER - RESIDENCY REQ. " Page 34 00-0418.txt (#201 CCP MARCH 21, 2000) In response to your communication, please be advised as follows: The following individuals have requested residency waivers: Tony Farina, Executive Assistant to the Comptroller, request went to Civil Service Commission meeting of January 5, 2000. Must present proof of City of Buffalo address by June 6, 2000. Matthew VanVessem, Assistant Corporation Counsel, request went to Civil Service Commission meeting of February 9, 2000. Must present proof of City of Buffalo address by August 9, 2000. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BOARD OF EDUCATION OFFICE OF THE SUPERINTENDENT NO. 72 P. FREEMAN & O-SUPPORT HIGH SCHOOL FOOTBALL TEAMS PART. IN SECTIONAL ITEM NO. 101, C.C.P. APRIL 4- 2000 Mr. David B. Thomas, Athletic Director has attended Section Six Football meetings and brings back the following information regarding the Buffalo Public Schools participating in Section Six Football. Mr. Charles Funke, Chairman of Section Six Football has been helping us to come to a solution. As to date our problems that must be resolved are: A.Loss of identity of Harvard Cup Football as we know it. B.Competition site (need 5 or 6 more) C.A structured J.V. (Junior Varsity) program D.Funding (equipment, uniforms, coaches, officials, security and travel). E.Population - many of our varsity programs are having problems filling 30-35 team rosters (Grover Cleveland, Lafayette and Riverside). For these reasons it remains to be seen if J.V. football is feasible. While J.V. football is needed and important, we have young people in grades 1-3 not receiving physical education in our schools. This is a problem that should not be overlooked; our young elementary students' needs must come before a J.V. sports program. REFERRED TO THE COMMITTEE ON EDUCATION FROM THE BUFFALO SEWER AUTHORITY NO. 73 A.E. SAUNDERS - INCREASE IN WATER RATES ITEM 491, C.C.P. APRIL 4,2000 Although the item refers to water rates, we will address the increase in sewer rates based on water use. The increases in sewer rents effective July 1, 2000, are 9% for metered accounts and 3% for flat rate accounts. This is the first increase in sewer rents since July 1, 1995. Since this last increase, the Buffalo Sewer Authority has been able to hold the line on rate increases by reducing expenses and improving operating procedures. Since this 1995-96 Budget the Buffalo Sewer Authority has: 1.Cut over 20% of its budgeted positions, reducing the number of jobs from 329 to 257 in the 2000-01 Budget 2.Built a new maintenance management/storage facility at the Bird Island Treatment Plant at a cost of $4.0 million 3. Rebuilt or constructed new sewer lines for $3.4 million Page 35 00-0418.txt 4. Completed $14.1 million in capital improvements at the Treatment Plant 5. Cut bonded debt by over $22 million from $95.6 million to $72.8 million 6.Reduced the annual operating budget by over $1.4 million If the Buffalo Sewer Authority had not aggressively cut costs, reduced personnel and improved operating procedures, the Budget for 2000-01 would be over $50.0 million instead of the proposed $43 million spending plan. A $50 million budget would have required over a 29% rate increase plus the additional consideration of the metering program costs. The change of water accounts from flat rate to meter is a New York State mandated program required after the purchase of the City's water system by the Buffalo Water Board. The private company now managing the water system for the Water Board is instituting a comprehensive program to meter the entire City of Buffalo. As a result of this meterization program, revenues to the Buffalo Sewer Authority will be reduced by approximately $55.00 per year per account. A study of the impact of meterization upon sewer rents by Ernst & Young recommended a restructure of the current meter and flat rates. Ernst & Young monitors the cash flow of the Buffalo Sewer Authority to ensure that we meet mandated funding that is required in accordance with the current bond covenants. As a result of this study and their recommendations, the Buffalo Sewer Authority Board will adopt the proposed increases. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 74 BMHA PAY PHONE AND MAILBOX FOR KELLY GARDENS Dear Councilmember LoTempio: During the Budget Committee Meeting held on March 27, 2000, the Authority was requested to look into the possibility of having a pay phone installed and a mail box on site at Kelly Gardens. Please be advised that this same request has been raised on occasion in the past by our residents. On these occasions, we have contacted both the phone company and the postal authorities to see how this could be accomplished. We have been unsuccessful in our attempts. As recently as October, 1999, we requested a postal box from the Post Office and were advised that there were two mail boxes in the area; both of which were located on Cornwall. We will again contact the phone company and the postal authorities with this request to see what can be done. We will ask our Site Manager, Mr. Wrobel, to advise the residents of the outcome of our attempt. Should you have any further questions, please feel free to contact me at 8556711 ext. 209. Sincerely, REFERRED TO THE COMMITTEE ON BUDGET FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 75 ECONOMIC DEVELOPMENT ZONES Pursuant to your request of April 4,2000 the attached is submitted detailing boundary changes in projects and Page 36 00-0418.txt benefits received from public agencies in the Buffalo Economic Development Zone. Local Law Intro #3(2000) Economic Development Zone. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 76 FINAL GAMING REPORT WITH AMENDMENTS I am forwarding to you the final Downtown Gaming Advisory Task Force Report, the culmination of your work over the last sixteen months. At our last Task Force meeting in January, the report was approved with the addition of the enclosed amendments. We are still in the process of researching the legal section and expect that this will be an ongoing process. Thank you for the time and energy that you spent serving as a member of Mayor Masiello’s Downtown Gaming Advisory Task Force. All of your effort was truly appreciated. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF COMMUNITY DEVELOPMENT AND CORPORATION COUNSEL. NO. 77 CREATION OF AN EMERGENCY ASSISTANCE SMALL BUSINESS DEVELOPMENT ITEM #199, CCP 3/21/2000 I am writing in response to Item # 199, CCP 3/21/2000 now before the Committee on Community Development, "Creation of an Emergency Assistance Small Business Development." I offer the following information to the Committee: BERC currently offers two (2) assistance programs to small business for technical assistance. They are the Entrepreneurial Assistance Program (EAP) and. the Bond Readiness Program (BRP). Both programs are run by Archie Amos, MWBE Director for BERC. We have requested $75,000 in 26TH Year CDBG funding for each program. In addition, the BERC's City Commerce Office Program is intended to provide technical assistance and ombudsman services to any business located in the City of Buffalo, large and small; the majority of our business outreach efforts is targeted to small businesses. BERC recently created a new Neighborhood Micro-Loan Program, currently capitalized at $175,000 (contingent upon our request for $50,000 in 26th Year CDBG). This program is a high-risk fund with flexible repayment terms. It can finance up to ninety percent (90%) of the project cost with a maximum loan of $25,000. These loans are patterned after the federal UDAG program, allowing the company to repay as it gets stronger and as its income allows. This program provides a near-equity financing tool similar to venture capital to businesses that traditionally are incapable of securing such financing. BERC also offers a Working Capital Loan Program for businesses who are expanding operations and who are unable to obtain working capital from other sources to meet their immediate needs. The maximum loan amount cannot exceed $25,000. This Loan Program is currently capitalized at $75,000. BERC also offers the Federal Enterprise Community (FEC) Loan Program with an interest rate of five and one-half percent (5.5%). Administered on behalf of the FEC Board, Page 37 00-0418.txt ninety percent (90%) of the project cost can be financed at a maximum loan of $50,000. These loans must be awarded to companies within the FEC boundaries. There is a balance of approximately $550,000 in capital available under this program. BERC also administers a Workforce Development Grant Program (WFDGP), which began last year. The criteria are enclosed for your review. Both the Year 24 and Year 25 CDBG Budgets contained an appropriation of approximately $49,000 ($98,000 total) for this purpose. There is currently a balance of approximately $16,000 in funds available. The BERC has requested $115,000 in 26" year CDBG funds for this program. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 78 CREATION OF AN EMERGENCY ASSISTANCE SMALL BUSINESS DEVELOPMENT ITEM #199, CCP 3/21/2000 The BERC's traditional Business Loan Program (funded via the Neighborhood Commercial, Small Business Retention, Commercial/Industrial Retention and Commercial/Industrial Loan CDBG accounts) is also available for neighborhood small business financing. The majority of the loans made under this program go to small business (less than 25 employees) and to businesses outside of downtown. The BERC has an available balance of approximately $630,000 from previous year (25t') CDBG) available for this program, with pending loans totaling over $1.75 trillion. The BERC has requested $800,000 in 26'h CDBG funding for these programs. Finally, BERC has initiated a process for discussions with the Office of Urban Initiatives (OUI), the Small Business Development Center (SBDC) at Buffalo State College, the Small Business Administration SBA), and the Entrepreneurial Center at Canisius College (as well as the Empire State Development Corp. and the Erie County Industrial Development Agency) to establish an Small Business Information and Resource Center in a neighborhood location. BERC will commit part-time staffing to this neighborhood Information and Resource Center, contingent upon 26'h Year CDBG funding for the BERC's City Commerce Office Program. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 79 RESPONSE TO ITEM #92 CCP KEY BANK EMPLOYEES ITEM #92 CCP. KEYBANK EMPLOYEES Last Fall, we were approached by Steve Kiernan of Algonquin Studios who had been contacted by a dislocated worker from KeyBank who was in the process of going through career counseling at the Private Industry Council's Tonawanda location. The dislocated worker was interested in learning about e-commerce and didn't know where to begin. Steve began to work with this woman and approximately twenty of her former co-workers. This was done in conjunction with the Tonawanda Private Industry Council (PIC) office and the Buffalo Private Industry Council (PIC) -specifically Jim Bratek and Mark Cosgrove. An idea was developed - Steve 'Would setup a training program for Page 38 00-0418.txt the twenty dislocated workers and hire them for a six month period. These workers all needed skills enhancements to "bridge" them from the mainframe world to the e-commerce world. PIC was very interested and made a preliminary commitment to fund half of the salaries of these people for six months. Steve and PIC figured out what the approximate six months cost would be. At the time, these costs were approximately $721,000 total; PIC could provide approximately $300,000. There was an approximate shortfall of anywhere from $400,000 - $440,000. Presently, according to Mark Cosgrove of PIC, most of the dislocated workers are either new in training or are in the process of entering training programs. Two of the eighteen are in on-the-job training contracts with employers through PIC. BERC has also endeavored to introduce these workers to many of our local Byte Belt companies for employment purposes. Mark Cosgrove of PIC has attended our IT Council meetings to help uncover opportunities. In the end, BERC tried to work with its public funding partners, but the gap was too significant. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 80 INFO-WOMEN FOR UPTOWN/PHOENIX WINDOWS ITEM NO. 90; C.C.P. 3/21/2000 I am responding to item #90 now before the Committee on Community Development. Upon the referral of the resolution by the Committee, BERC has met with Women for Uptown and Phoenix Windows on several occasions. The following information and/or action have occurred: •On Monday, April 3rd at 11:00 a.m., I met with the Women for Uptown and Phoenix Windows. General issues were discussed including emergency funding for small businesses and the status of Phoenix Windows. •Another meeting with Phoenix Windows was called for Wednesday, April 5th to discuss the short and long-term stability of Phoenix Windows with all the relevant participants. They included BERC, BURA, M&T, Empire State Development Corporation and the University of Buffalo. At this meeting, the following issues were discussed: the Manhattan York Report; additional need for technical assistance; a three years business plan was presented; short and long term solutions were discussed. 'Me most immediate problem was meeting payroll for April 7th. •On April 7th', Commissioner Ryan worked out the payroll issue with M&T Bank and payroll was met using BURA's line of credit guarantee. •Management oversight and providing additional technical assistance has been secured over the course of the last week The UB Business Alliance is willing to conduct a short-term product efficiency report and Orin Tobe, a corporate workout specialist, has been commissioned by BURA to conduct a thorough management review over a weeks, time. He is meeting with Phoenix on Wednesday, April 12~ to start this review. •Phoenix has been in default on a $50,000 BERC loan for over two years. A judgment was taken by BERC against Phoenix in October 1998 in the amount of $60, 721.21 Page 39 00-0418.txt •If additional information is requested regarding Phoenix Windows, before making any further information public, BERC would request authorization from Phoenix to release additional information. BERC is awaiting the results of Mr. Tobe's report in an attempt to fashion the proper response to a long-term resolution. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 81 PROPOSED PRIVATE AT-GRADE CROSSING TO SEEM WORTHINGTON BUSINESS CENTER, OVER THE BATTENFELD AMERICAN SIDETRACK OFF THE EBENEZER SECONDARY, MILEPOST 2.9 HARRISBURG DIVISION This correspondence is being sent to you as a follow-14p to your comments at the City of Buffalo Common Council Legislative Committee meeting on Tuesday, March 28, 2000. At that meeting you said the Norfolk Southern is now willing to amend the conditions outlined in the letter from Mr. Brig Burgess dated February 11, 2000 (see attached), We are of the understanding that Norfolk Southern is now willing to withdraw the condition that the crossing is to have warning flashers with gates. instead, we understand that ”stop” signs should be added to our plans to compliment the "railroad crossing" signs and pavement markings. All other conditions as outlined in the Burgess letter will remain. We would like confirmation of the now condition in writing as soon as possible. As I mentioned at the meeting, our backs are up against the wall regarding this year's construction season. Please forward me the specifics regarding the prepararation and execution of a private at- grade crossing agreement, as soon as possible. FROM THE COMMITTEE ON LEGISLATION. FROM THE CITY CLERK NO. 82 MUNIS SUPPORT COMMITTEE The Comptroller has established a MUNIS Support Committee to address problems, concerns and possible solutions regarding MUNIS and to determine topics for additional training. The committee is composed of one or two people from each of the following areas: Accounting, Accounts Payable, Data Processing and Payroll. The first task of the committee is to respond to questions or concerns that were brought to our attention by the survey that was sent to each department by Jim Pajak. We are aware that the survey was sent out some time ago and that since then, many of your concerns have been resolved. However, we would like to respond to a few that we feel may still be an issue. We agree that, initially, the MUNIS system increases the time needed for each transaction on a daily basis. However, the MUNIS system alleviates the need for doing certain monthly tasks, such as balancing the register of revenues. Therefore, your staff may be spending more time performing the day-to-day tasks but will no longer be burdened with the monthly tasks. We are also confident that once users become completely familiar and comfortable with using the system, transactions will actually take less time Page 40 00-0418.txt than they did under the previous system. Further, the installation of the remittance processor should expedite some of the repetitive daily tasks. We strongly believe that the procedures established within the MUNIS system offer the City an increased level of internal control. For auditing purposes, change orders need to be controlled, and should only be done by the Accounts Payable Division. In addition, to prevent orders from being paid before goods are shipped and to prevent vendors from shipping more than was ordered, no receiving should be entered until after the purchasing process has been completed and goods have actually been received. You can also use the Find option for any of the fields on the Receipt Inquiry Screen. We appreciate your continued patience during the conversion. If you have any other concerns or questions, please do not hesitate to notify me or e-mail them to Nancy Schuster. REFERRED TO THE COMMITTEE ON FINANCE. NO. 83 OBJECTIONABLE PROGRAMMING ON CHANNEL 18 RESOLUTION # 197, CCP APRIL 4, 2000 This office agrees with Councilmember Fontana that safe harbor hours should be later in the evening, particularly on weekends when children tend to stay up later. According to BNN records only four shows are considered to contain "potentially offensive content" and thus be eligible for safe harbor hours. Therefore the later safe harbor hours would apparently not have to be extensive. We are concerned, however, about the structure BNN has in place for overseeing content issues. Specifically, we would like to see greater clarity regarding criteria for what constitutes impermissible and potentially objectionable programming, a system for monitoring the programs for compliance with BNN rules, and the fair and proactive enforcement of these rules. These concerns are based on complaints that programs with offensive language are being cablecast during the early evening hours, and that some of the programming that is being carried on Channel 18 is commercial in nature. At the Telecommunications Committee meeting of April 6, 2000 BNN presented its revised handbook that apparently had been amended in February. It was the first time this office had seen the revised handbook, so it did not have the time to thoroughly review the changes. However, while it is important to have fair and reasonable rules about impermissible and objectionable programming, it is just as important to have standards and criteria for what constitutes such programming. At the Committee meeting, some Councilmembers raised some valid questions about BNN's standards for programs that contain "promotion of racism, bigotry or misogyny," which would subject it to review according to the BNN handbook. However, rules and standards have little meaning if there is not adequate monitoring and enforcement. Regarding the number of complaints, the number of calls from subscribers does not always indicate the level of dissatisfaction. Many viewers do not know who to complain to, and may call the cable company or their Councilmember. Some are afraid of repercussions. Others do not think that a complaint will make any difference, and just make a decision Page 41 00-0418.txt to program out or simply avoid watching Channel 18. As a result, what could be a tremendous community asset becomes underutilized. Recently, BNN cablecast a half-hour program in which a producer taped a blank screen and a 4C crawl" that stated that the FCC had suspended BNN and Channel 18 would be off the air. While this may have been a harmless April Fools "joke," it clearly demonstrates the potential for serious abuse if proper oversight measures are not implemented. Whether or not complaints were received, it is an important issue that should be addressed. Regarding BNN's reluctance to release the name of the producer of the program referred to in the resolution, the public access entity is required to keep the names and addresses of all who request time in a public record for a two-year period according to New York State Public Service Law. This office recommends the following: 1.) That BNN establish later Safe Harbor hours after midnight, so that it is less likely that children will be exposed to potentially objectionable programming. 2.) That BNN make a proactive effort to monitor and enforce its rules in its policy and procedures handbook regarding programming content and technical standards, particularly as they relate to obscene, defamatory or commercial programming. The rules should be enforced fairly and equally regardless of whether or not someone files a formal complaint regarding a specific program. 3.) That BNN provide more clarity about its rules, so that there is a greater understanding by both producers and viewers of what constitutes programming that is objectionable or impermissible. It should also use its bulletin board, brochures, etc. to inform viewers about its policies in that regard. A particular effort should be made to inform viewers that potentially offensive material will be cablecast during its Safe Harbor hours. 4.) That BNN compile for the public record a list of the names and addresses of all people requesting use of the channel and make it available for public inspection, in accordance with state rules. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS NO. 84 MAYOR REPORTED OUT OF STATE I transmit herewith communications received by me from the Mayor, reporting his absence from the state from 12:00 p.m. until 3:30 p.m. on Thursday, April 6, 2000. RECEIVED AND FILED. NO. 85 DISPOSITION OF RECORDS Attached please find the following disposition of records from the following departments: Assessment RECEIVED AND FILED NO. 86 AUTO ALLOWANCE I transmit herewith certificates of auto allowance submitted for the following individuals in the various departments listed below: Marc A. Coppola-Delaware District Councilmember RECEIVED AND FILED. NO. 87 Page 42 00-0418.txt LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 140 Allen St Friscaro A. Frisicaro Frisicaro I Frisicaro 1432 Genesee St Coconut Grove RECEIVED AND FILED NO. 88 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Public Works- HOLLY MCNAMARA Police- CHRISTINA SIKORSKI JILL WHITE Fire- Community Development- CHARLES MOORE, ROBERT KATILUS Human Services, Parks/Recreation-CHRISTA HODGE RECEIVED AND FILED. NO. 89 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: City Planning Board RECEIVED AND FILED. NO. 90 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mrs. LoTempio moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment Effective March 27, 2000 in the Department of Common Council to the Position of Intern IV at $6.00/hr. Norma Batista, 848 Seneca St, Buffalo, NY 14210 Appointment Effective April 3, 2000 in the Department of Common Council to the position of Intern III at $6.00/hr. Roslyn Dominico, 92 Brayton, Buffalo, NY 14213 Appointment Effective: March 22, 2000 in the Department of Common Council to the position of Intern II at $5.15/hr. Senore Boddie, 43 Hill Street. Buffalo, NY 14214 NO. 91 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 HUMAN SERVICES, PARKS AND RECREATION Appointments Effective April 17, 2000 in the Department of Human Services, Parks, and Recreation, Division of Parks to the Position of Laborer II, Seasonal, Non-Competitive, at the flat rate of $6.92/hr. Jerry Brinkworth 205 marine Drive Buffalo 14202 William Cornell 115-15th Street Buffalo 14213 Page 43 00-0418.txt Gregory Kelly 96 Farmer Street Buffalo 14207 Philip Nott 54 Clifford Buffalo 14210 Jason Stock 46 Britt Buffalo 14220 Sarah Torres 354 Amherst Buffalo 14207 Joseph Gonzalez 939 Busti Avenue Buffalo NY 14213 Mary Thomas 55 1/2 Arkansas Buffalo 14213 Appointment Effective April 4,2000 in the Department of Human Services, Division of Recreation to the Position of Laborer II, Seasonal, at the flat starting salary of $6.92/hr. Paul Crowley 40 Portland Buffalo 14220 Charley Fisher IV 393 Leroy Buffalo 14214 Daniel Griffith 608 Tonawanda Buffalo 14207 Paul Stokley 562 Parkside Buffalo 14216 Milton Zeigler 278 Fulton Buffalo 14204 Ericka Browning 405 Potomac Buffalo 14213 Gerald Bettingen 925 West Buffalo 14213 Dominic LoVallo 288 Dearborn Buffalo 14207 Kenneth Pitts 54 Decker Buffalo 14215 Judith Zaccagnino 178 Fenton Buffalo 14206 DEPARTMENT OF STADIUM AND AUDITORIUM Appointment Effective 4/12/00 Division of Dunn Tire Park, to the Position of Laborer I, Seasonal, Non-Competitive, at the flat starting salary of $6.22/hr. Rosa Ayala 226 F Lawn Avenue Buffalo, 14207 Alicia Torres 100 West Avenue Buffalo, 14201 Noel Rosario 535 Fargo Avenue Page 44 00-0418.txt Buffalo, 14213 Appointment Effective:4/3/2000 Division of Dunn Tire Park, to the position of Laborer I, Seasonal, Non-Competitive, at the flat salary of $6.22/hr. Carrie Issacs 33 Churchill Street Buffalo, 14207 Rosa Torres 100 West Avenue Buffalo, 14201 Melvin Jemison 80 7th, Apt.#304 Buffalo, 14201 Appointment Effective 4/10/00 Department of Stadium and Auditorium, Division of Dunn Tire Park, to the position of Laborer I, Seasonal, at the flat starting salary of $6.22/hr. Alfred Anderson 639 Grant Street, Apt.#2 Buffalo, 14213 Michael Lee 77 E. Parade Avenue Buffalo, 14211 Rabia Saber 164 Peter Street Buffalo, 14207 Appointment Effective 4/10/00 in the Department of Stadium & Auditorium, Division of Dunn Tire Park, to the Position of Laborer II Seasonal, at the starting salary of $6.92. Joseph Battaglia 60 Tacoma Avenue Buffalo, 14216 Appointment Effective 4/5/00 in the Department of Stadium & Auditorium, Division of Dunn Tire Park to the Position of Laborer II Seasonal, at $6.92/hr. David Smiley 350 Linwood Avenue Buffalo, 14209 Appointment Effective 4/4/00 in the Department of 49-Stadium and Auditorium, Division of Dunn Tire Park, to the Position of Laborer II Seasonal, at $6.92/hr. Charles Atkinson 41 Trammel Walk, Apt.#9 Buffalo, 14204 Appointment Effective 4/3/00 in the Department of Stadium and Auditorium, Division of Dunn Tire Park to the Position Of Laborer II Season, at $6.92/hr. Janet Davis 310 Jefferson Buffalo, 14204 Gary Moore 86 Dodge Street Buffalo, 14209 Reynaldo Sanatana, Jr. 312 Vermont Street Buffalo, 14213 William Truitt 23 Montcalm Buffalo, 14214 Darlene Swenton 200 Condon Avenue Page 45 00-0418.txt Buffalo, 14207 Frank Cortelli 1188 Hertel Avenue, Apt.# 205 Buffalo, 14216 Joseph Anastaseo 98 West Avenue Buffalo, 14201 Mohammed Bahlamish 389 Grider Street, Apt.#1 Buffalo, 14215 DEPARTMENT OF STREET SANITATION Appointment Effective: April 3, 2000 in the Department of Street Sanitation, to the Position of Seasonal Laborer II, at the flat starting salary of $6.92/hr. Horace L. Miller 61 Gatchell Buffalo, NY 14211 Frederick T. Mosca 588 Dorrance Avenue Buffalo, NY 14218 John C. Taylor 214 Linden Avenue Buffalo, NY 14216 Appointment Effective: March 31, 2000 in the Department of Street Sanitation, to the Position of Seasonal Laborer II, at the flat starting salary of $6.92/hr. Timothy M. Hanrahan 205 Whitfield Buffalo, NY 14220 Nancy M. Ayala 20 Auchinvole Buffalo, NY 14213 Joseph Chirico 54 Ward Court Buffalo, NY 14220 NO. 92 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 02/08/00 in the Department of Administration & Finance, Division of Treasury to the Position of Teller, Temporary, at the starting salary of $25,550. Irene D'Orlando 112 Gibson Buffalo NY 14212 DEPARTMENT OF AUDIT AND CONTROL Appointment Effective 04/3/00 in the Department of Audit and Control, Division of Data Processing to the Position of Computer Programmer, at the minimum starting salary of $35.446. Daryl J. Springer 95 Ashland Avenue Buffalo, NY 14222 DEPARTMENT OF HUMAN SERVICES, PARKS AND RECREATION Appointment Effective April 10, 2000 in the Department of Human Services, Parks & Recreation, Division of Youth, to Page 46 00-0418.txt the position of Attendant, Temporary, at the flat starting salary of $6.00/per hour. Tabitha Stroud 41 Grider Buffalo 14215 Appointment Effective: April 5 2000 in the Department of Human Services, Parks & Recreation, Division of Youth to the Position of Attendant at the temporary salary of $6.00/per hour. Shannon Mediak 1167 Seneca Buffalo 14210 Lodina Clyburn 844 Northland Buffalo 14215 DEPARTMENT OF POLICE Appointment Effective April 3, 2000 in the Department of Police to the Position of Police Officer, Permanent, at the Minimum Starting Salary of $34,057 Angelo Threats 102 Ericson Avenue Buffalo, N.Y. 14215 Vatasha L. Tibbs 896 Humboldt Parkway Buffalo, N.Y. 14211 DEPARTMENT OF PUBLIC WORKS Appointment Effective: April 4, 2000 in the Department of Public Works, Division of Engineering to the Position of Traffic Signal Specialist, Provisional, at the Minimum Starting Salary of $26,970. Ashunti McClain 36 memorial Drive Buffalo 14206 DEPARTMENT OF STADIUM AND AUDITORIUM Appointment Effective 4/3/2000 in the Department of Stadium and Auditorium, to the position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25/hr. Gerald Lewandowski 173 Eden Street Buffalo, 14220 James Delmont, 106 Hartwell Road Buffalo, 14216 Matthew Kwietniewski 141 Kenefick Avenue Buffalo, 14220 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 93 AMENDMENT TO TELECOMMUNICATIONS LICENSE AGREEMENT BETWEEN LEDCOR COMMUNICATIONS INC., ("LEDCOR") AND THE CITY OF BUFFALO ("CITY") Further to my February 22, 2000 correspondence please be advised that there are two additional connections that Ledcor Communications Inc., ("Ledcor") intends to undertake. The first installation involves an additional 200 Page 47 00-0418.txt feet of construction at Delavan and Niagara St. for entry in the NIMO Duct structure. Ledcor would construct 200 feet along Delevan Street (an unoccupied public night-of-way) to the NIMO Duct structure at Niagara Street. The second installation would enable Ledcor to come out of 350 Main Street. Ledcor will have to connect its equipment through the 2nd level of the parking garage, which is City owned. Ledcor would install its conduit through the west side and the east side of the building to connect with an existing NIMO Duct on Pearl Street. Attached is a map showing the proposed build. Clough Harbour, our engineers on this Project have submitted plans for the proposed route to the City. If you have any questions about this route please contact Mr. Tom Dillon directly at (303) 987-1770. REFERRED TO THE COMMITTEE ON TELECOMMUNICATIONS AND THE OFFICE OF TELECOMMUNICATIONS No. 94 G. BEERS-CONCERNS-WATER METER PROGRAM The following letter is being submitted on behalf of G. Beers, 399 Davey Street, regarding concerns over water meter installation and costs to homeowners. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND AMERICAN WATER WORKS NO. 95 BNN-OBJECTIONAL PROGRAMMING ON CHANNEL 18 RESPONSE TO RES. 393 FONTANA 1. BNN began operation of Channel 18 on April 29, 1999. In that period of time there have been no calls from viewers expressing concerns related to the show Thunderbird Theater. This particular show has been on in that time slot for approximately 9 years. Regarding C.C.P. April 6, 1999 Res. 161 Fontana, I responded to the Council, see my response dated April 15, 1999. This was prior to BNN's service agreement with the City of Buffalo. 2. Safe Harbor hours are specifically designed to prevent young children from having access to Adult Content programming. A national standard for safe harbor hours was made in a Supreme court ruling, Denver Area Educational Telecommunications Consortium vs. FCC 116 S. Ct. 2374 1996. The recommendation was 10:00 PM - 6:00 AM. Local access stations can however alter these hours. Assignment of safe harbor hours is done on a case by case basis. Producers are informed, both in writing and verbally, of the criteria for judging a program to be adult content. Upon signing their contract to air the show they are asked to sign a statement saying that they will comply with all of the BNN policies which govern among other things adult content. If a producer violates this agreement her show and contract is canceled. 3. See enclosed BNN program listings. 4. See enclosed policy sheets. 5. The methods we use are widely practiced by Public Access facilities across the country. *Please note that additional funds provided to BNN were allocated from the Capital Account associated with PEG access funds. These funds are specifically designated for equipment upgrades. See enclosed press release. Page 48 00-0418.txt *Additionally the priority expressed by the Office of Telecommunications for increasing playback hours was 12PM through 12 midnight. See enclosed letter from Office of Telecommunications. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS NO. 96 RECONSTRUCTION POOLS-VARIOUS LOCATIONS ITEM #22, CCP APRIL 4, 2000. "Reconstruction of Pools-Various Locations 2000" was approved by the Common Council. The attached communication is in response to a request by the Council for additional information RECEIVED AND FILED NO. 97 CITYWIDE TREE TRIMMIING & REMOVAL The attached communication is filed in response to a request from the Council for a copy of the spending plan. RECEIVED AND FILED NO. 98 APOLLO TILE PROJECT I am writing this letter to express my concern about the Apollo Tile Project and the treatment I received while participating in the project. My association with the Apollo Project began five years ago. My concerns currently are based on the following observations: As a community project for Jefferson Avenue, the community was not represented in the persons serving as artistic supervisor or artistic designer. As an artist and community representative, I was paid less in spite of using my off days from my business, Mondays and Tuesdays, to work on the tile project. My son committed his time to the project, and did not secure a summer job because of his involvement. Initially, I received praise from the architect, Mr. Coles, for my participation with 50 Women and its role in the Apollo Project. Unfortunately, this praise did not extend to ensuring my input during the installation of the tile in the Apollo. I had requested notice of the dates and times for the installation, but I received none. The tile was installed without any notification. When I was apprised of the project's status, the installation had been completed. I was not treated as a professional artist nor was my ability to assume a larger role in the project considered, As a result, the amount of my remuneration for tasks completed remains unacceptable. Although the project was finished in September 1999, 1 did not receive payment until March 2000. During the course of the project, I have had meetings with Molly Bethel, Robert T. Coles, and Gail McCarthy. 'Me last meeting I had with Molly Bethel was on March 7, 2000 at the Locust Street Art Center. I wanted to discuss the amount of the check that I had received for my work on the project. Molly indicated that she had received $12,500 for the project. Gail received $7,500 and $5000 was allotted for supplies and materials for a total of $25,000. 1 indicated that Mr. Coles had stated that he was allocating an additional $4000 to pay my salary. Molly stated I must have misunderstood Mr. Coles because she could not pay me Page 49 00-0418.txt $4000 out of the $12,500 she had received. She had to pay her staff and pay for use of the building. My understanding was that the $4000 was separate and not a part of the first allocation, A number of misunderstandings have occurred during this project and I am very disappointed with the way they were handled, There was an opportunity to develop linkages among the project administrators, however, these relationships have instead engendered dissatisfaction concerning unresolved issues and strained relationships. The $800 payment I received is not acceptable for the amount of work that I put into the project; consequently, I am prepared to continue discussing this issue with the parties involved. A review of the budgeted expenses and an itemized total for the project is requested. I would like to resolve this issue prior to the opening of the Apollo. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL No. 99 REQUEST FOR INFORMATION DATED APRIL 3,2000 Attached is information regarding the Workforce Development issues presented in your memo of April 3, 2000 to Commissioner Joseph Ryan. As you know I received two requests from Council staff for information relating to the discussion that occurred at the March 29 Community Development Committee meeting. In your conversation with Jill Beck of my staff, you recommended that I respond to the items outlined in your letter and I have done so. I have numbered the information presented to correspond with the 11 items outlined in your letter and I would appreciate it if you could share this information with Ms. Rushton. Please note, in item I you requested a copy of the new Workforce Investment Act, which I have provided. As this is very lengthy, I have also included a brief comparison of the existing Job Training Partnership Act and the new WIA for your information. I have responded to the three questions dealing with PIC staff and the question regarding cooperation with other training agencies n one response (two pages numbered 6, 7, 10, and 11). Item 9 asked for a list of businesses that have received trained workers with an indication of whether such businesses are women or minority-owned. I have included a list of all businesses that employed trainees from the JTPA program from 1/1/98 to 4/7/00. However, JTPA does not collect data on MANBE status and, as a result, I do not have MANBE information on these businesses. Item 6 in the request I received from Ms. Rushton asked for information on the race and gender of individuals served through PIC. I have provided this for the same period. Also, in item 8 you requested a list of the 18 agencies that are Required Partners under this new legislation which I have provided. For your information I have also provided a list of the local agencies that will serve as these Required Partners. I hope that this package meets the needs of the Community Development Committee. If additional information is needed to address these items please feel free to contact me at 884-7862. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT Page 50 00-0418.txt NO. 100 C. DELPRINCE REQUEST PROPERTY INCLUDED IN EDZ Attached please find communication from C. DelPrince asking for his property, Fashions DelPrince Limited to be included in the EDZ. The item is available for review in the City Clerk’s Office, 1308 City Hall. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 101 E. FAHEY DECISION-SUPERSPAN SUPREME COURT: COUNTY OF ERIE In the Matter of the Application of THE CITY OF BUFFALO Petitioner Index No.1999/4307 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND HE BUFFALO AND FORT ERIE PUBLIC BRIDGE AUTHORITY Respondents In the Matter of the Application of BUFFALO OLMSTED PARKS CONSERVANCY, 'INC., EPISCOPAL CHURCH HOME OF WESTERN 'NEW YORK, EPISCOPAL RESIDENTIAL HEALTH CARE FACILITY, INC., AND EPISCOPAL COMMUNITY HOUSING, INC. Petitioners Index No.1999/4309 BUFFALO AND FORT ERIE PUBLIC BRIDGE AUTHORITY AND NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Respondents Attached correspondence is Filed in the City Clerks Office. REFERRED TO THE SPECIAL COMMITTEE ON SUPERSPAN TASK FORCE NO. 102 ROOMING HOUSE LEGISLATION We support your legislation to control badly managed rooming houses. Rooming houses that squeeze high numbers of people into tiny living spaces (such as Anthony Trifilo's former 798 Elmwood - a 3-farmly house that was cut into 16 "living" quarters) are not only points of disintegration for neighborhoods, they also: Are bad for clients of government agencies who receive housing assistance. The government assistance should (and is usually enough money so that it could) be paying for apartments in decent houses or apartment buildings, not a room in a run down building. 2. Are sucking, tenants out of 2-farmly or 3-family houses that could be made more viable if they were occupied. The rental assistance checks could support these 2- or 3-family houses. The 16 people who are jammed into one rooming house could instead occupy five 3 family houses REFERRED TO THE COMMITTEE ON LEGISLATION NO. 103 CONCERNS-PITBULL FIGHTING The following item is being submitted on behalf of M. Murphy regarding concerns over illegal Pit Bull fighting. REFERRED TO THE COMMITTEE ON LEGISLATION AND Page 51 00-0418.txt THE COMMISSIONER OF POLICE NO. 104 RESIDENCY REQUIREMENTS I am attaching a recent correspondence received by this office, concerning the City Residency requirement. Please add this item to the next Common Council Agenda. REFERRED TO THE COMMITTEE ON CIVIL SERVICE THE CORPORATION COUNSEL AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 105 SUPPORT FLAT WATER RATE Please file these petitions on behalf of Senior citizens and other City of Buffalo residents, who are in support of the city retaining its flat - rate (for water services provided by the Buffalo Sewer Authority). Approximately one hundred (100) individuals have signed the petitions, thus far. REFERRED TO THE COMMITTEE ON FINANCE NO. 106 REQUEST TO WAIVE BUILDING PERMIT FEE AND ELECTRICAL PERMIT FEE Bids for the Shea’s Performing Arts Center Pearl Street facade restoration and electrical. upgrades will be received in February and will be reported to Your Honorable Body as a separate item. In order to keep this project within budget, it is respectfully requested that Your Honorable Body waive the building permit fee and electrical permit fee. Please be advised that we are requesting that only the fee be waived All permits will. be obtained. The permit fees are estimated to total approximately $20,000.00. Mrs. LOTEMPIO MOVED: THAT THE COMMON COUNSIL DOES HEREBY WAIVE THE BUILDING PERMIT FEE AND THE ELECTRICAL PERMIT FEE FOR THE SHEA'S PERFORMING ARTS CENTER PEARL STREET FACADE RESTORATION IN THE AMOUNT OF APPROXIMATELY $20,000.00 PASSED AYES- 12 NOES-0 NO. 107 Annual Cable Report Submission Pursuant to the Franchise Agreement between Adelphia and the City of Buffalo, please find attached Annual Reports pertaining to operations of the Buffalo Cable System during calendar year 1999. Should you find it necessary to obtain clarification on the content of any of these reports, please contact either myself or Mr. Arthur Nephew, our Business Operations Manager. I can be reached at 716-558-8590 and Mr. Nephew can be reached at 716-558-8604. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS NO. 108 PAYMENT PURSUANT TO AUDIT Enclosed is check number 498133 for the amount of $652,075.59. This check reflects payment to the City pursuant to audits performed by the City and the New York State Public Service Commission. Page 52 00-0418.txt Should you have any questions or concerns regarding this issue, please feel free to contact me. RECEIVED AND FILED NO. 109 RESULTS OF INDEPENDENT AUDIT Attached please find the results of the Independent Audit commissioned by the Market. We are also providing to you copies of the accountant's confidential Management Letter. Also attached are the Corporation's notes to the financial audit, an Accounting Controls Manual prepared by the Corporation to address issues raised in the audit, an austerity budget the Market will follow for the next two months, three possible budgets we are examining for the new fiscal year, and a proposed amendment to our bylaws that would alter the membership of the board of directors. The documents form the basis Of our financial plan for the Market, and we look forward to discussing these documents with you in the weeks ahead. REFERRED TO THE COMMITTEE ON FINANCE NO. 110 STATE LEGISLATURE HEARING-HICKORY WOODS Thank you for your resolution of February 18, 2000 requesting that a State Legislative Hearing be scheduled on the Hickory Woods neighborhood. Enclosed please find a copy of a letter that I have send to Assembly Environmental Conservation Committee Chairman Richard Brodsky requesting that a State Assembly hearing be scheduled in Buffalo concerning the issues related to the Hickory Woods neighborhood. As soon as we have confirmed the date, time and location for the aforementioned hearing, I will immediately notify your Honorable Body. On a related issue, I have introduced legislation (see enclosed memo) that would authorize the New York State Department of Environmental Conservation (NYSDEC) to be involved in hazardous substance sites that are residential in nature and that are situated near a listed hazardous waste site under the state Superfund program. As you may know, under current state law, hazardous substance sites do not qualify for state Superfund program assistance. Should you have any questions or need additional -Information, please feel free to contact me directly at my district office at 825-6080. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 111 G. LUKA ELLEN TERRY THEATER Item is available for review in the City Clerk’s Office, 1308 City Hall. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF COMMUNITY DEVELOPMENT, MAYOR AND THE BUFFALO ECONOMIC RENAISSANCE CORPORATION. NO. 112 E. MCDONALD REQ.-KEEPING FLAT WATER RATE Item is available for review in the City Clerk’s Office, 1308 City Hall REFERRED TO THE COMMITTEE ON FINANCE, THE Page 53 00-0418.txt COMMISSIONER OF PUBLIC WORKS, AND AMERICAN WATER WORKS. NO. 113 REQUEST PRECINCT #11 BECOME 6TH POLICE DISTRICT Please find attached letters from different neighborhoods concerning making Precinct 411 the city's 6th Police District. Please forward to both the Budget and Police Re- organization Committee. REFERRED TO THE COMMITTEE ON POLICE REORGANIZATION AND THE COMMISSIONER OF POLICE NO.114 PROBLEMS-M J PETERSON HOME I purchased a Pauline style home from M. J. Peterson. My home has cathedral ceilings in the great room. Construction of my new home at 423 North Division Street, Buffalo, N.Y. was completed in December, 1994. 1 closed on January 17, 1995 and moved in on January 28, 1995. Since I have moved in to my home I have had one construction problem after another. I had to make 13 calls to get a warranty book. Finally I received one in April of 1995. 5 months after moving in (and I live alone), my carpet was completed matted down. During the winter months I noticed my patio door and all the windows down stairs had terrible drafts. In March 1995 M J. Peterson sent the repairs company out to fix the windows. To this day I still have to put plastic up to the windows in the colder months. March 4, 1995 I had problems with the electricity In my home. When I turn on the bedroom light (which is located on the wall side of the bathroom my bath room lights blew out. M. J. Peterson said it was a faulty GFI outlet in the bathroom. My third bedroom is my den, so occasionally I would iron there. When ever I did the lights would flicker or blow, I was told by Mr. Chris O'Brien, building supervisor for M. J. Peterson, that the upstairs was not made for ironing. My thought was if that is the case how would I ever put an air conditioner in that room. On March 12, 1995. The fire alarms that were installed during construction were faulty. The alarm kept going off. Mr. O'Brien sent Honizon Electrical company out to repair it. They stated the wining was crossed. All this and it was only 5 months after construction had beet) completed. Currently, if I want to play my radio in the kitchen, I have to turn light on and. off in the half bath (located near the kitchen ) to get reception.. Also in March of 1995 my sump pump stop working. The gentlemen who fixed it stated that the construction company had put an old pump in, He replaced the pumped with a band new one. In that same March of 1995 the garage door had to be repaired. It would not closed properly. May of 1995 the ceiling corner in the garage collapsed, A foot by I foot section was repaired by Mr. O'Brien. Also in May - the wood on the railing leading to the second floor of my home bowed severely - the exterior soffit construction bad not been completed. -The exterior paint on the house was bubbling, blistering and the knot holes were bleeding September 20, 1995 the furnace sensor had to be repaired. Page 54 00-0418.txt All this happened with in the first 9 months of the completion of my house. January 17, 1996 the front door was warped and the front door threshold wobbled back and forth. A Guest in my home-tripped and fell due to this faulty threshold. Mr. Chris O'Brien repaired it by putting three screw in it. These are just a few of the repairs needed for the first year of my home. My first year warranty was 4 pages long. On September 24, 1996 1 had to call the cable company. The cable that was installed in my home during construction was inferior. TCI stated that substandard cable was used . The cable was 3/4th the width of regular cable. Mr Dennis Penman, in a hand written letter dated 11/12/96, stated he would investigate the cable situation. August 8, 1998 - the wooden post supporting the front of my house became infested with termites. From August 8, 1998 to September 18, 1998 I made 18 calls to M. J. Peterson concerning this matter. The situation was never resolved. I replaced the wood with wrought iron. CRACK CEILING/WALLS/ LEAKS On July of 1995 the living room walls and ceiling cracked, the first time . The ceiling crack was approximately 10ft long. The Kitchen ceiling also had several large cracks in it. The soffit around the kitchen cracked all the way around. The master bedroom and the small bedroom has large holes over the doorways, where the so- called drywall had in. M. J. Peterson repaired the cracked walls i May of 1996. The repairs in the ceilings and walls In the great room were made without seam tape or mesh. September, 1996 the living room ceiling and walls cracked again. Repairs were made in November 1996- January , 1999 the third cracks in the living room walls and ceiling notified. The repairs were made 10 months later, in November 1999. Again no seam tape or mesh was used. They did not paint the areas. January 3, 2000, (by the way it was still under warranty) the ceiling and walls in the living room have cracked again only this time they are also leaking. Councilperson Barbara Williams' assistant Brian Davis has viewed the leaks and cracks in the ceiling and walls in my home. These severe cracks in my ceilings and walls started 6 months after I closed and moved ill and they are in the same locations. I would like this unfortunate situation resolved. I am appalled at the fact that builders such as M. J. Peterson is allowed to get away with this! This is not just my problem, but a problem for all new home owners, if we are buying home of poor construction and the builders don't stand behind their work. If it takes die squeaky wheel to get something done and to see that others don't have to go through this, then I am that squeaky wheel. I will fight this until something is done. I am not going to go away! I would also like to suggest a task force whose main purpose would be to record and monitor new homeowners complaints. Also to insure they have follow-up and resolution. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOMENT NO. 115 HEARING ON TRAFFIC PATTERN WEST HURON This letter is a request for a Common Council hearing Page 55 00-0418.txt review regarding the traffic pattern conversion of West Huron. The block club has some safety concerns regarding its conversion to two way. We are requesting that the city does not proceed with its conversion until a public meeting can be held to discuss our concerns. There are safety, traffic flow, access/egress, and beautification issues which need to be addressed if the city plans to go forward in its conversion, and create W. Huron between Niagara and Elmwood as the gateway to downtown Buffalo. Thank you for your attention to this matter. We expect to hear from you shortly and will be sending follow up correspondence until a date is set. As Dr. Banks will be out of town intermittently, you may contact, me, the secretary, directly, REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 116 EDWARD M. COTTER BOAT I have recently been contacted by the United States Postal Service regarding the inquiry I made on behalf of the Buffalo Common Council and the Buffalo Fire Department regarding the Edward M. Cotter Fireboat. At the recommendation of the Citizens' Stamp Advisory Committee, I am enclosing information concerning the possibility of a Postal Service issued pictorial or souvenir cancellation to commemorate this historic event. If I may be of any assistance in this regard, please do not hesitate to contact me or my Field Representative, Michael Cole, in my Buffalo district office. With best wishes and warm regards; RECEIVED AND FILED NO. 117 J. ROSENBERG QUERIES-PUBLIC USER FEE I am writing about a billing problem with the City of Buffalo Street Sanitation Dept. I am being charged late fees and interest since the April 99 bill. My checks were sent in within the quarter of the billing period for the Public User Fee. The problem I see is how can a late fee be assessed on a bill paid within the billing quarter. Since then, I have paid the fee only, within the first month of the quarter, and am still being charged a late fee and interest on each bill, which relates to a late fee and interest on top of the previous late fee and interest. Surely this can't be a legal practice, even credit cards only charge interest if paid during the billing period. As of the April 00 bill, I have paid only the quarterly user fee, not the late fees or interest. Since the bills were paid within the quarter I don't feel I should have to pay the late fees. The interest is understandable, as many companies charge, but not late fees, and then late fees on top of the previous late fee. Could you please check into the legality of this, as I can't be the only one with the problem. Thank you for your time and any help you can provide. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF STREET SANITATION NO. 118 Page 56 00-0418.txt CONCERNS-WATER METER PROGRAM The following letter is being submitted on behalf of M. Schultz, 397 Davey Street, regarding concerns over water meter installation and costs to homeowners. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND AMERICAN WATER WORKS NO. 119 SKYWAY LIGHTING The Buffalo Common Council has recently passed a resolution requesting that the BERC pursue the feasibility of lighting the Skyway Bridge project as part of the budget for the Inner Harbor Project. The intent of the Council is to light the underside of the Skyway for beautification purposes. As the predominant visual resource on the Buffalo waterfront, the Skyway has been viewed by many as an eyesore along the Buffalo skyline. However, we can see from cities such as Miami, Cleveland, and Providence that these landmarks, when adorned properly, may greatly increase the appearance of the surrounding area. The illuminated bridge can actually frame the new inner Harbor as a gateway to the city. The Inner Harbor Master Plan and Public Art Plan also identify Skyway illumination as a desirable site improvement. Inner Harbor Project subconsultant and project lighting designer, Hayden McKay Lighting Design, prepared a conceptual design of the lighting system needed to illuminate the underside of the Skyway during the evening hours. The design recommendations to Jambhekar Strauss PC included a system of 40OW and 1000W metal halide floodlights located between each of the pier structures as well as on lighting poles located in the surrounding parking lot at a cost of approximately $80,000 (limited to the Inner Harbor site). In early coordination meetings with the NYSDOT, it was conceptually approved and posed no obstacle to regular maintenance of the structure. I would appreciate your consideration for including the Skyway lighting project as part of the Inner Harbor Project budget. I would recommend incorporating the Skyway lighting, way-finding signage, and historic interpretation as part of a supplemental Inner Harbor design and construction effort (subject to budget). Although we are continuing to pursue NYSDOT funding for lighting of the Skyway, they have not been anxious to do this. I look forward to workin2 with you and your staff to advance efforts into planning and design of this project. REFERRED TO THE COMMITTEE ON BUDGET AND THE EMPIRE STATE DEVELOPMENT CORPORATION NO. 120 LAKE FRONT RECYCLING INC. DEC APPROVAL Lake Front Recycling Inc. (LFR) and Tomasello Contracting Corp. (TCC) at 303 Hopkins Street, Buffalo, New York is submitting an application for a permit to tip and recycle wood material for the CanFibre project and others located at our 620 Tifft Street, Buffalo location. This recycling center will be operated by LFR and TCC, we are fully registered with the NYS DEC REG #1 5W21 and 15W26. This recycling center will store and recycle approximately 40 to 50 thousand tons of recycled wood per year; the recycled wood will be rotated on a daily basis. The Page 57 00-0418.txt duration of this application will be on a permanent basis. LFR and TCC will abide by all local rules and regulations and all NYS DEC rules and regulations under section 360 part 16. For fire safety, the fire hydrants are approximately located 100 feet from our woodpiles. In addition, we will have a security supervisor and locked gates at the facility 24 hours a day 7 days a week. All the wood material located on the property is clean unadulterated recycled wood. There are no contaminations or chemical treated wood mixed in or placed with the wood materials, Every load is carefully inspected and approved before allowing tipping on site. The material is kiln dried-, therefore, there are no bugs or rodents located within the material. As an extra precaution, rodent control is in place. There will be no garbage co-mingled with the wood material, and all metals, nails, bolts, etc. are removed from the site and recycled. If you have any other questions, feel free to call at any time. Thank you, REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 121 FLEET WATERFEST I am contacting you on behalf of Fleet Waterfest. Fleet Waterfest, scheduled for Saturday and Sunday, August 5 and 6, 2000, provides a free family-oniented festival Although this Festival is in its infancy, we believe that it will continue to grow to become one of Buffalo's premier events alongside the Allentown Art Festival and Taste of Buffalo. This year, the historic Picton Castle has been specifically scheduled to visit Buffalo during the Festival. The organization that initiated this event five years ago, and whose auspices Fleet Waterfest falls under, Waterfest Inc., as well as the newly forming Waterfest Action For Mental Health Committee are not-for-profit organizations. All other city and county fees will be paid. We are, however, requesting that you and the Common Council again waive the Tent Fee this year, as you have in the past. Your assistance in this matter is greatly appreciated and would surely assist us in our Buffalo Economic endeavor to provide the public with a notable festival on a limited budget. If you have Renaissance Corp. any questions or need additional information, please do not hesitate to call. Mrs. LoTempio moved: That the Common Council does hereby waive the tent fee for the Fleet Waterfest Scheduled for August 5 and 6, 2000. PASSED. AYES-12. NOES-0. NO. 122 POLISH COMMUNITY CENTER OF BUFFALO, INC. THREAT OF SUBPOENA BY THE COMMON COUNCIL FOR THE 1998 FINANCIAL AUDIT OF THE POLISH COMMUNITY CENTER OF BUFFALO, INC. On behalf of the Polish Community Center of Buffalo (PCCB) and its Board of Directors, I am responding to the April 4, 2000, letter of request (attached) from the Common Council's Chief of Staff for a copy of the PCCB's 1998 Financial Audit (attached). Also attached, please find a copy of a letter that the PCCB Executive Director originally Page 58 00-0418.txt wrote to the staff representative. The PCCB employs sound fiscal policies in managing its financial affairs. Its 1999 audit will be completed, by an independent accounting firm, by May 15, 2000. Earlier this month, this firm conducted its exit interview for the 1999 audit. The interview revealed no outstanding deficiencies or findings. The financial stability of our agency is testimony to the high priority that the Board places on budgetary issues. The agency ended 1998--and will end 1999-with year-end savings. For your information, the Board reserves year-end savings for capital expenses in subsequent years. The PCCB operates, manages, or serves at least four residential properties for elderly, low-income or immigrant populations. By committing savings for this purpose, the PCCB solves unforeseen emergencies (e.g., replacing/repairing a furnace) and regularly maintains or cares for these facilities self- sufficiently. In the past, the Common Council has never had reason or cause to request a copy of our audit. In fact, we were not informed of the Council or committee meeting where the subject of our audit was raised and addressed for this request. Since the Common Council ultimately approves city appropriations, it should have whatever access to the audits of city-funded agencies that the law allows. However, without providing any just cause to single-out one city agency or without holding a public meeting (and vote) to take such action against one agency, a reasonable person may perceive such a request--albeit lawful--as political or capri- cious. The Board remains uninformed as to the origination of and context for your request. When asked, the Council's Chief of Staff simply responded that no reason had to be given. We were informed that the PCCB is alone in this matter. Your staff stated that the PCCB was the only city-funded community-based organization asked to submit this information. Therefore, a reasonable person will appreciate our attempt to find the reason, background, context, or origination for this singular request. Since we had no information in this regard, we decided to make the PCCB audit an item for the public record. By all means, as a volunteer Board of Directors whose majority is made of city residents, we hope that all city-funded agencies and community-based organizations follow our lead. In this way, residents and taxpayers will learn which agencies are functional, efficient, and productive and which agencies are not. We look forward to an open and public dialogue with you regarding our demonstrated capacity to aptly and properly manage city funds. The PCCB operates a "no-frills", lean program and operating budget. Therefore, we were pleased to learn of the Council's commitment to fully fund the PCCB (i.e., CDBG, Grant-in-Aid, and BDFY) in 2000-2001 at 1999-2000 levels. Your continued support will make it possible for Fillmore residents to access services and programs that they have come to expect and rely from the PCCB. For the record, we are submitting a petition that residents circulated in the Fillmore District and asking for full funding of the PCCB in fiscal year 20002001. Fillmore residents collected over 1,550 signatures to the petition. Page 59 00-0418.txt If you have any additional questions or comments, please do not hesitate to contact us. The PCCB Board of Directors, its Finance Committee, and staff are readily available to meet with you. REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL THE POLISH COMMUNITY CENTER BOARD OF DIRECTORS PETITIONS NO. 123 D. TOMASELLO, OWNER, USE 620 TIFFT STREET FOR A RECYCLING CENTER FOR ORGANICS. (HRG. 4/25) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 124 M. HUDAK, AGENT, USE 877 DELAWARE AVENUE FOR AN ILLUMINATED GROUND SIGN. (HRG. 4/25) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. REGULAR COMMITTEES CIVIL SERVICE (BARBARA A. MILLER-WILLIAMS, CHAIRPERSON) NO. 125 APPOINTMENT SR. DATA PROC. EQUIP. OP. (INTER) (COMPT) (ITEM NO. 14-C.C.P.- APR. 4, 2000) That Communication 14, Apr. 4, 2000 be received and filed and the permanent appointment of Bonnie Butler stated above at the intermediate salary of $31,330 effective on March 22, 2000 is hereby approved. PASSED AYES-12. NOES-0. NO. 126 APPOINTMENT ASSOCIATE TAX CLERK (MAX) (ASSESS.) (ITEM NO. 17-C.C.P.- APR. 4, 2000) That Communication 17, Apr. 4, 2000 be received and filed and the temporary appointment of Cheryl A. Yeates stated above at the maximum salary of $32,402 effective on March 20, 2000 is hereby approved. PASSED AYES-12. NOES-0. NO. 127 APPOINTMENT DIRECTOR OF REFUSE/RECYCLING (INTER) (STS.) (ITEM NO. 49-C.C.P.- APR. 4, 2000) That Communication 49, Apr. 4, 2000 be received and filed and the permanent appointment of Edwin H. Marr stated above at the intermediate salary of $44,931 effective Page 60 00-0418.txt on March 27, 2000 is hereby approved. PASSED AYES-12. NOES-0. NO. 128 APPOINTMENTS COUNCIL CLERKS (INTER) (CC) (ITEM NO. 54-C.C.P.- APR. 4, 2000) That Communication 54, Apr. 4, 2000 be received and filed and the permanent promotions of Christine Lehner and Susan M. Brennan stated above at the intermediate salary of $33,024 effective on March 23, 2000 is hereby approved. PASSED AYES –12. NOES-0. r s m NO. 129 NOTICES OF APPOINTMENTS-TEMP./PROV./PERM. (CC) (CCP#80-MAR. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 130 NOTICES OF APPOINTMENTS-TEMP./PROV./PERM. (CC) (CCP#63-APR. 4, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 131 L. COLLINS-EXAM MONITOR IV (MAX) (A&F) (CCP#70-APR. 4, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 132 RENEW LEASE AGREEMENT - LAMAR OUTDOOR ADVERTISING (ITEM NO. 10, C.C.P., NOV. 16,1999) That the above item be, and the same hereby is received and filed. ADOPTED NO. 133 PROP. ACQ.-569-573 FOREST; 695-703 MAIN & PUBLIC AUCTION-VAR. PROP. (LAW) (CCP#24-FEB. 22, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 134 BIDS - ELMWOOD/FOREST PARKING LOT - 569-573 FOREST AVENUE (ITEM NO. 18, C. C. P., APR. 4, 2000) That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Elmwood/Forest Municipal Parking Lot to C. Destro Development, the lowest responsible bidder in the amount of $317,900.00. Funds for this project are available in the Page 61 00-0418.txt Capital Project Account #34310106. Passed. AYES-12. NOES-0. NO. 135 BIDS - PAINTING OF STREET LIGHTS STANDARDS 2000 - GROUP 522 (ITEM NO. 20, C.C.P., APR. 04, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Brown Moved: That the Commissioner of Public Works be, and he hereby is authorized to award a contract for the Painting of Street Lights Standards 2000 - Group 522, to E & M Star Painting, Inc., the lowest responsible bidder in the amount of $108,721.25, plus approved unit prices not to exceed $10,872.12 as per Item #36 C.C.P 12/28/99 for a total encumbrance of $119,593.37. Funds for this project are available in Account # 30335506-445100. Passed. AYES-12. NOES-0. NO. 136 BIDS - RAW WATER BY-PASS CHAMBER BUILDING (ITEM NO. 21, C.C P., APR. 4, 2000) That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Raw Water Bypass Chamber Building, Boiler Plant Stack, Roof Improvements and Brick Repair, to Weaver Metal & Roofing, Inc., the lowest responsible bidder in the amount of $218,2 10. 00. Passed. AYES-12. NOES-0. NO. 137 BIDS - TREE REMOVAL - CITY WIDE - 2000 (ITEM NO. 24, C.C.P, APR. 4, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Brown moved that the above item be recommitted to the Committee on Finance. ADOPTED. up #52 NO. 138 BIDS - TREE TRIMMING - CITY WIDE - 2000, PHASE I (ITEM NO. 25, C.C.P., APR. 4, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Brown moved that the above item be recommitted to the Committee on. Finance. ADOPTED NO. 139 CHANGE IN CONTRACT - MAIN TUPPER POLICE PRECINCT ITEM NO.28, C.C.P., MARCH 21, 2000) That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 4, Main Tupper Police Precinct, General Construction, C. Nichter, Inc.,an increase in the amount of $71,469.00, as more fully described in the above communication, for work relating to Main Tupper Police Precinct, General Construction, C #91994200. Funds for this project are available in CPF Page 62 00-0418.txt 34320206445 100 -Division of Buildings. Passed AYES-12. NOES-0. NO. 140 CHANGE IN CONTRACT - PRECINCT 11 RENOVATIONS (ITEM NO. 27, C.C.P., APRIL 4, 2000) That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 2, to Summit Construction Group, an increase in the amount of $1,600.00 as more fully described in the above communication, for work relating to Precinct 11 Renovations, General Construction, City Contract No. 92010135. Funds for this project are available in Division of Buildings CPF 30337706 445100. Passed AYES-12. NOES-0. NO. 141 RESULTS OF NEGOTIATIONS - 69 E. UTICA STREET (ITEM NO. 5 7, C. C. P., DEC, 28, 1999) (ITEM NO. 141, 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 recommitted to the Committee on Finance. ADOPTED NO. 142 INCREASED APPROPRIATION - FUND BALANCE - BMHA (ITEM NO. 191, C.C.P., MAR. 21, 2000) That the Comptroller be, and he hereby is authorized to transfer the sum of $650,000, $300,000 and 64,553.25 from the Unreserved Fund Balance 10700096-397000 to 17210006-435002 BMI-1A, 17221008-480101 Tax Adjustment and 104710015-443400 Data Processing - Maintenance Contracts. Passed AYES-12. NOES-0. NO. 143 INCREASED APPROPRIATION - FUND BALANCE - LAW DEPARTMENT ITEM NO. 135, C.C.P., APRIL 4, 1999 That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Brown Moved: That the Comptroller be, and he hereby is authorized to transfer the sum of $1,455,000 from the Unreserved Fund Balance 107000960-0397000 to General Fund, 105466006 - Law Department, 432003 - Legal Services, 480000 - Miscellaneous and 480205 - Claims. Passed AYES-12. NOES-0. NO. 144 PROP. OFF-STREET PKG.-569 & 573 FOREST (LAW) (#33, 3/7) (CCP#134-MAR. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED Page 63 00-0418.txt NO. 145 BIDS - RENTAL FORGIVENESS - SKYWAY LOT NO. 3 (ITEM NO. 4, C.C.P., APR. 14, 2000) That the Commissioner of Director of Parking be, and he hereby is authorized to grant Allright Parking Buffalo, Inc. a rebate in the amount of $5,240.25 for Skyway Lot No. 3. PASSED AYES -12 NOES – 0 NO. 146 INCREASE IN MAINTENANCE CONTRACTS (COMPT) (CCP# 11 -APR. 4, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 147 NYPIRG-REPORT-THE DECEPTIVE DOUBLE DIP (CCP#89-APR. 4, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 148 REPORT OF AUCTION - 2002 FILLMORE AVENUE (ITEM NO. 62, C.C.P., JULY 13, 1999) (ITEM NO. 123, C. C.P., APR. 4, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Brown moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 149 USE AGREEMENT - NATIONAL FUEL - 166 DART STREET (ITEM NO. 15, C.C.R, DEC, 28, 1999) (ITEM NO. 134, C.C.P., APR. 4, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Brown moved: That the Comptroller be, and he hereby is authorized to enter into an agreement with the City and National Fuel for use of two (2) parking spaces for five (5) years and (50) spaces for fifteen (15) days at the existing warehouse building at 166 Dart Street. The amount of one lump sum payment of $50,000. That the Corporation Counsel be, and he hereby is authorized to prepare the use agreement and that the Mayor be authorized to execute the same under the same terms and conditions as listed in the above communication. PASSED AYES -12 NOES - 0 LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 150 M. ULRICH, PETITION TO USE 10 HASTINGS - ILLUMINATED POLE SIGN (ITEM NO. 96, C.C.P., APR. 4, 2000) That after the public hearing before the Committee on Legislation on April 11, 2000, the petition of M. Ulrich, agent, for permission to use 10 Hastings for an illuminated pole sign be, and hereby is approved. Page 64 00-0418.txt Passed. AYES -12 NOES - 0 NO. 151 P. GELLMAN, PETITION TO USE 20 BUFFALO RIVER - ANIMAL FEED MANUFACTURER (ITEM NO. 97, C. C.P., APR. 4, 2000) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee oil Legislation. ADOPTED. NO.152 D. WATTS, PETITION TO USE 2145 DELAWARE AVENUE - ILLUMINATED GROUND SIGN (ITEM NO. 98, C.C.P., APR. 4, 2000) That after the public hearing before the Committee on Legislation on April 11, 2000, the petition of D. Watts, agent, for permission to use 2145 Delaware Avenue for an illuminated ground sign be, and hereby is approved. PASSED NO. 153 D. WATTS, PETITION TO USE 289 W. FERRY - POLE SIGN (ITEM NO. 99, C. C. P., APR. 4, 2000) That after the public hearing before the Committee on Legislation on April 11, 2000, the petition of D. Watts, agent, for permission to use 289 W. Ferry Street for a pole sign be, and hereby is approved with conditions as set by the Planning Board. PASSED AYES -12 NOES - 0 NO. 154 HOWARD HITZEL, PETITION TO USE 428 NIAGARA STREET - HUMAN SERVICES FACILITY (ITEM NO. 98, C.C.P., MAR. 21, 2000) (ITEM NO. 14 1, C.C.P., APR. 4, 2000) That after the public hearing before the Committee on Legislation on March 28, 2000, the petition of Howard Hitzel, for permission to use 428 Niagara Street for a human services facility be, and hereby is approved. PASSED AYES -12 NOES - 0 NO. 155 HOWARD HITZEL, PETITION TO USE 430 NIAGARA STREET - HUMAN SERVICES FACILITY (ITEM NO. 99, C.C.P., MAR. 21, 2000) (ITEM NO. 142, C. C.P., APR. 4, 2000) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That after the public hearing before the Committee on Legislation on March 28, 2000, the petition of Howard Hitzel, for permission to use 430 Niagara Street for a human services facility be, and hereby is approved. PASSED AYES -12 NOES - 0 NO. 156 Page 65 00-0418.txt DESIGNATION OF NOMINEE - BOARD OF TRUSTEES OF THE BUFFALO & ERIE COUNTY LIBRARY (ITEM NO. 1, C.C.P., MAR. 7, 2000) (ITEM NO. 146, C.C.P., MAR. 21, 2000) That the designation of nominee for an appointment to the Board of Trustees of the Buffalo and Erie County Library of David F. Granville residing at 9 Cottage Street for a term expiring December 31, 2000, be and hereby Received and Filed ADOPTED NO. 157 ORDINANCE AMENDMENT - CHAPTER 94 - BOILERS AND ENGINEERS Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 158 WORTHINGTON BUS. CTR. ACCESS ROAD (BERC) (CCP#70-MAR. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 159 SECOND HAND DEALER - 3419 BAILEY AVENUE (ITEM NO. 54, C.C.P., MAR. 21, 2000) That pursuant to Chapter 254 of the City Code, the Director of Inspections, Licenses and Permits be, and he hereby is authorized to grant a Second Hand Dealer License to Henry Pope d/b/a ClaraBelle Antiques located at 3419 Bailey Avenue with the condition that there be no outside sales. PASSED AYES -12 NOES - 0 NO. 160 SECOND HAND DEALER - 1201 HERTEL AVENUE (ITEM NO. 44, C. C.P., APR. 4, 2000) That pursuant to Chapter 254 of the City Code, the Director of Inspections, Licenses and Permits be, and he hereby is authorized to grant a Second Hand Dealer License to Louis Sirianni, Jr. d/b/a Father & Son Furniture Restorations located at 1201 Hertel Avenue. PASSED AYES -12 NOES - 0 NO. 161 USED CAR DEALER LICENSE - 700 MILITARY ROAD (ITEM NO. 5 8, C. C. P, MAR. 21, 2000) That pursuant to Chapter 254 of the City Code, the Director of Inspections, Licenses and Permits be, and he hereby is authorized to grant a Used Car Dealer license to Jason Nichols d/b/a Inspectors Choice, located at 700 Military Road with the following conditions: 1. Limit to five (5) autos in operational condition. 2. Landscaping shall be provided at the lot. PASSED AYES -12 NOES - 0 NO. 162 Page 66 00-0418.txt USED CAR DEALER LICENSE - 1675 SOUTH PARK AVENUE (ITEM NO. 45, C. C. P., APR. 4, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant to Chapter 254 of the City Code, the Director of Inspections, Licenses and Permits be, and he hereby is authorized to grant a Used Car Dealer license to Joseph Breidenstein, d/b/a Millennium Sales Int Inc., located at 1675 South Park. PASSED AYES -12 NOES - 0 NO. 163 RESTAURANT DANCING CLASS 11 - 1683 MAIN STREET (ITEM NO. 59, C.C.P., DEC. 14, 1999) (ITEM NO. 163, C.C.P., MAR. 21, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 164 APPT.-MEMBERS-EMERG. MED. SVS. BD. CCP#1 -MARCH 21, 2000 That the above item be and hereby is received and filed. ADOPTED NO. 165 SIDEWALK CAFE - 1464 HERTEL AVENUE (ITEM NO. 29, C. C. P., APR. 4, 2000) That the Commissioner of Public Works be, and he hereby is authorized to issue a “mere license" to Mr. Jack Syracuse, owner of Gecko's Bar & Grille, located at 1464 Hertel Avenue, to install a sidewalk cafe, which would encroach city right-of-way at said address, subject to the following conditions: I. That the applicant obtains any and all other City of Buffalo permits necessary. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Division of Buildings. 3. That the sidewalk cafe does not exceed thirty-two feet (32') 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 thirty cents ($1.30) per square foot of City right-of-way occupied by said sidewalk café 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 Page 67 00-0418.txt damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. 8. That the hours remain the same, and the patio shall not be used after 11:00 P. M. PASSED AYES -12 NOES - 0 NO. 166 NOTIFICATION SERIAL #9181, REPEAL ONE-WAY STREET DIRECTION HURON STREET, ETC. (ITEM NO. 22, C.C.P. , MAR. 7, 2000) (ITEM NO. 146, C.C.P., APR, 4, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana Moved: That pursuant to Subdivision 3 of Section 33 of Chapter 479 of the Code of the City of Buffalo, the changes to the traffic ordinances (Chapter 479 of the City Code) are hereby received and filed as pertaining to Notification No. 9181-9184, as more, fully described in the above communication. That Serial Numbers 9181 and 9182 are hereby denied and that Serial Numbers 9183 and 9184 are hereby received and filed. ADOPTED NO. 167 NOTIFICATION SERIAL #9185-9188, REPEAL NO PARKING EXCEPT JUDGES, ETC. (ITEM NO. 2 1, C. C. P., MAR. 21, 2000) (ITEM NO. 14 7, C. C. P., APR. 4, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana Moved: That pursuant to Subdivision 3 of Section 33 of Chapter 479 of the Code of the City of Buffalo, the changes to the traffic ordinances (Chapter 479 of the City Code) are hereby received and filed as pertaining to Notification No. 9185-9188, as more fully described in the above communication and are received and filed. ADOPTED. COMMUNITY DEVELOPMENT BEVERLY A. GRAY, CHAIRPERSON NO. 168 LDA-S. ELLICOTT URA-PHASE 2-289 EXCHANGE STREET-SALE OF LAND (#37 CCP-APRIL 11, 2000) That the above item be and the same is returned to the Common Council without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On motion by Mrs. LoTempio, seconded by Mr. Golombek, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances- Maria Scinta, BERC; Joseph Ryan, Comm. of Comm. Development; Rich Dvorak, Lamar Adv., Dennis Ryan. Page 68 00-0418.txt Mrs. LoTemplo now moved that the hearing be closed. Seconded by Mrs. Williams CARRIED. Mrs. Gray moved that the above item be recommitted to the Committee on Community Development. ADOPTED. NO. 169 LDA-OAK ST. REDEV. PROJ. NYR- 197-APPR. CONTRACT-SALE OF LAND-FERTILITY ACOUSTICS, INC. (ITEM NO.38-C.C.P., APRIL 4, 2000) That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON COMMUNITY DEVELOPMENT. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mr. Coppola, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances – David Sengbush; Bill Burns Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Coppola CARRIED. WHEREAS, the City Clerk has published a Notice of Public Hearing. WHEREAS, the proposed Contract of Sale of Land has been duly submitted to this Common Council by the Department of Community Development; and NOW, THEREFORE, BE IT RESOLVED: That the Mayor or any officer of Buffalo Urban Renewal Agency is hereby authorized to execute any and all documents necessary to dispose of the land described in the proposed "Contract for Sale of Land" to Fertility Acoustics, Inc. and/or corporation, partnership, joint venture and or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. PASSED. AYES-12. NOES-0. NO. 170 LOCAL LAW INTRO. NO. 3 (2000) ECONOMIC DEVELOPMENT ZONES (ITEM NO. 197, C.C.P., MAR. 7, 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 recommitted to the Committee on Community Development. ADOPTED NO. 171 DEPARTMENT OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT YEAR IV (ITEM NO. 1, C. C. P., APR. 4, 2000) That the Mayor, through the U.S. Department of Justice, Bureau of Justice Assistance (BJA) be, and he hereby is authorized to accept on behalf of the City the Year IV Local Law Enforcement Block Grant funds, totaling $1,517.611. A 10% local match is required, which can be met by C.D.B.G. dollars that are awarded to the Community Schools Program Page 69 00-0418.txt and the Neighborhood Matching Funds Program. Passed. AYES-12. NOES-0. NO. 172 REMOVAL OF DEAD TREE - 95 PECKHAM STREET (ITEM NO. 16, C.C.P., APR. 4, 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 recommitted to the Committee on Community Development. ADOPTED NO. 173 P. BANDRIWSKY - UKRAINIAN HOME DNIPRO - ACQ. 315 CHERRY STREET (ITEM NO. 64, C.C.P., APR. 4, 2000) That the Commissioner of Community Development be, and he hereby is authorized to negotiate with the Ukrainian Home Dnipro for the sale of 315 Cherry Street. PASSED. AYES-12. NOES-0. NO. 174 DOWNTOWN BFLO.-2002 NEWSLETTER (CCP#75-APR. 4, 00) That the above item be and the same hereby is received and filed. ADOPTED EDUCATION (RICHARD A. FONTANA, CHAIRMAN) NO. 175 HRG.-MAYOR'S APPT.-SCHOOL BD. (HRG. 3/16) (CCP#199-MAR. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 176 SUPPORT FOR NEIGHBORHOOD SCHOOLS (CCP#214-JULY 27, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 177 TEACHER'S BACK PAY (CCP#159-OCT. 5, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 178 IMPLEMENTING COMPRE. SEXUALITY ED.-BFLO. SCHOOLS SYSTEM (CCP#209-JAN. 25, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 179 Page 70 00-0418.txt IMPLEMENTING COMPRE. SEXUALITY ED. IN SCHOOLS (BD. ED.) (CCP#59-FEB. 8, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 180 W. JOHNSON-FILLMORE/LEROY BLK. CLUB/REQ. POLICY CH.-LAIDLAW BUS CO. (CCP#85-MAR. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 181 W. JOHNSON-FILL./LEROY BLK. CLUB/ POLICY CH.-LAIDLAW BUS CO. (BD. ED.) (CCP#69-MAR. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 182 J DOHERTY-FILLMORE/LEROY BLK. CLUB/ REQ. POLICY CHGS.-LAIDLAW BUS CO. (CCP#81 -MAR. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED MINORITY BUSINESS ENTERPRISE (CHARLEY H. FISHER, III, CHAIRMAN) NO. 183 H. MANSOURI, PHD-PROJECT AWARD ADDITION TO SCHOOL #89, CAMPUS EAST (CCP#28-DEC. 28, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 184 M. ALSON-AWARD-ARCH/ENG. SVS. -ADD. -SCHOOL #89-CAMP.EAST (BD. ED.) (CCP#25-JAN. 25, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 185 WILLIAM GAITER BUSINESS CENTER (BERC) (CCP#62-FEB. 8, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 186 MINORITY UTL. RPT. - 1999-2000 (CD) (CCP#49-MAR. 21, 00) That the above item be and the same hereby is received and filed. Page 71 00-0418.txt ADOPTED TELECOMMUNICATIONS (JAMES W. PITTS, CHAIRMAN) NO. 187 PROP. OPER. PUBLIC ACCESS TV - BFLO. MEDIA RESOURCES (CCLK) (CCP#75-JULY 7, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 188 OFFICE OF TELECOMMUNICATIONS-PUBLIC ACCESS AGREEMENT (CC) (CCP#53-FEB. 23, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 189 R. BUTLER-PUBLIC ACCESS PROGRAMMING (CCP#85-APR. 20,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 190 BNN-FINANCIAL DOCUMENT STATEMENTS (CCP#76-JUNE 15, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 191 BNN-CHANGE IN BYLAWS (CCP#57-OCT. 19, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 192 BNN-RESPONSE TO NOTIFICATION (CCP#58-OCT. 19, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 193 D. TERRY-RESPONSE-RFP-APOLLO THEATRE PROJ. CONST. CONTRACT (CCP# 103 -JUNE 29, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 194 D. TERRY-RESPONSE-RFP-APOLLO (CC-TELECOM) (CCP#77-JULY 13, 99) That the above item be and the same hereby is received and filed. ADOPTED Page 72 00-0418.txt NO. 195 ADELPHIA-SENIOR CITIZEN DISCOUNT (CCP#54-OCT. 19, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 196 ADELPHIA CABLE TV DISCOUNT (CCP#164-SEPT. 21, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 197 T. HAYWOOD-ADELPHIA-SENIOR CITIZEN DISCOUNT (CCP#76-NOV. 30,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 198 T. HAYWOOD-ADELPHIA-SR. CITIZEN DISCOUNT POLICY (CCP#89-DEC. 28,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 199 T. HAYWOOD-SR. CITIZEN DISCOUNT (CC-OFC. OF TELEC.) (CCP#76-DEC. 14, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 200 B. KELLY-NOTICE OF CORPORATE CHANGE (CCP#62-NOV. 16, 99) That the above item be and the same hereby is received and filed. ADOPTED BUDGET COMMITTEE (ROSEMARIE LOTEMPIO, CHAIRPERSON) NO. 201 WASTE TRANSFER STATION EXPANSION (PW) (CCP#39-MAR.21, 00) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 202 By: Mr. Bonifacio MEMORIALIZE CONGRESS TO REPEAL SECTION 110 OF THE 1996 ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT Whereas: The 1996 Illegal Immigration Reform and Page 73 00-0418.txt Immigrant Responsibility Act contains a clause in Section I 10 of the bill requiring the establishment of an automated entry-exit control system at all airports, seaports and land border crossings to collect and record the arrival and departure of every alien into the United States; and Whereas: Section I 10 would cause extreme delays at already congested land and sea ports of entry, including Buffalo; and Whereas: This congestion would have an extremely negative effect on U.S. trade, discourage incoming tourism; thus having a serious impact on U.S. Jobs and the economy; and Whereas: Section 110 would not succeed in curbing the problem of people overstaying the period of their lawful admission to the U.S., only create a list of those people. Therefore Section 110 would not include where these people could be found; and Whereas: Communities bordering with Mexico and Canada, including Buffalo, would lose economic contributions from visitors from their neighboring countries; and Whereas: The long line-up of idling cars and trucks would cause serious environmental problems for communities such as Buffalo; and Whereas: An entry-exit control system would have to be built along with creating a database larger than the Library of Congress; thus costing the U.S. and communities such as Buffalo billions of dollars; and Whereas: Many political and community leaders from across the U.S., including Democratic and Republican leaders and organizations, have spoken out against Section 110; and Whereas: Twenty Governors, including New York State Governor George Pataki have already petitioned Congress for the repeal of Section 110 as attached to this Resolution; and Whereas: Mayor Anthony Masiello in conjunction with the Conference of Mayors calls upon this Honorable Body to Adopt this Resolution; and Therefore Be It Resolved: That the Common Council memorialize Congress to Repeal Section 110 of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act; and Be It Further Resolved: That Certified copies of this Resolution be sent to Senate Majority Leader Trent Lott, Senate Minority Leader Thomas A. Daschle, Senator Charles Schumer, Senator Daniel Patrick Moynihan, Governor George Pataki, City of Plattsburgh Mayor Daniel L. Stewart, and the U.S.-Canadian Caucus of Mayors. ADOPT. NO. 203 By: Mr. Brown BOND RESOLUTION $40,000 BONDS IMPROVEMENTS-VARIOUS FIRE STATIONS 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 the reconstruction of various fire stations for the Fire Department, at the estimated maximum cost of $40,000. The Common Council of the City of Page 74 00-0418.txt 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 the reconstruction of various fire stations for the Fire Department. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $40,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1999-00, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Improvements-Various Fire Stations, 1999-00" 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 $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) Said buildings to be partially reconstructed are 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 class of objects or purposes 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. Page 75 00-0418.txt Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: April 18,2000 LAID ON THE TABLE NO. 204 By: Mr. Brown MEMORIALIZE THE NEW YORK STATE LEGISLATURE TO CALL FOR A REFERENDUM TO ALLOW CASINO GAMBLING IN BUFFALO AND NIAGARA FALLS Whereas: The Western New York region is located at the opposite end of the state from the New York City metropolitan area, and the region's economy has not participated fully in the prosperity that most of the country, and other parts of New York State, have enjoyed in recent years; and Whereas: In order to pursue the goal of creating long-term stability and vitality, Western New York lawmakers must seek new ways to generate substantial revenue and stimulate economic development while, at the same time, carefully considering the negative impact of potential avenues of growth; and Whereas: Throughout the United States and Canada, casino gambling, a potential source of revenue for this region, is a profitable endeavor for areas that allow it, creating jobs and fostering infrastructure development; and Whereas: The City of Buffalo and the City of Niagara Falls should evaluate the impact of casino gambling in Niagara Falls, Ontario, where the local economy has been built up and has sustained a high level of growth. This growth has included the creation of over 10,000 jobs, and over $2 billion of development, since the announcement came from the Province of Ontario that a 96,000 square foot casino would open in that City; and Whereas: Thousands of Western New York residents cross the border, or travel to other areas of the state and country, on a weekly basis, in order to gamble at casinos, depriving the City of Buffalo and the City of Niagara Falls of revenue that could remain in Western New York, and be circulated through the local economy; and Whereas: Gambling already exists in New York State in several forms, with the latest addition of notable importance being the approval by the United States Department of the Interior for the opening of a $500 million casino in the Catskills that will be operated by the St. Regis Mohawk Indians. Both major candidates in the race for New York State Senate, First Lady Hillary Rodham Clinton and New York City Mayor Rudolph Guliani, have endorsed this approval. The potential for the Western New York region Page 76 00-0418.txt to use to its advantage the natural attractions of the Great Lakes and Niagara Falls should not be ignored; and Whereas: It is recognized by this Common Council that casino gambling is a controversial issue with individuals holding strong opinions both for and against. Those who are in favor point toward increased revenue and more employment opportunities along with the ability to create a stronger, more attractive infrastructure. Those who are opposed have legitimate concerns about compulsive behavior involving gambling, and the potential family and community related problems that can occur, as well as the potential for some increased crime; Now, Therefore, Be It Resolved: That in order to mitigate known negative impacts and maximize positive impacts for all citizens and Western New York communities, this Common Council requests that a program be developed to evaluate and synthesize the findings of Mayor Masiello's Downtown Gaming Advisory Task Force, and other existing data on gambling and its impact, into a plan to ensure that the entire diversity of the Western New community would be able to benefit from the presence of revenue from casino gambling, including low income areas of the region and areas with high unemployment; and Be It Further Resolved That this Common Council requests that local groups, concerned with economic development, including the Office of Urban Initiatives, the Black Chamber of Commerce, and the Buffalo-Niagara Partnership and the Niagara Falls Area Chamber of Commerce, be contacted to assist in the development of this plan; and Be It Further Resolved: That this Common Council acknowledges that casino gambling is not a panacea, nor a "be all to end all," but rather one potential part of a comprehensive economic strategy designed to move the region forward; and Be It Further Resolved: That if legalized casino gambling is to come to Western New York, there should be mechanisms set in place to assist those would could potentially be hurt by gambling, by way of a portion of revenues set aside for counseling and programmatic help to overcome compulsive behavior; and Be It Further Resolved: That because this Honorable Body recognizes that the ultimate decision as to whether or not there will be legalized, casino gambling in this region should be placed in the hands of the people, this Common Council memorializes the State Legislature to call for a referendum on allowing casino gambling to take place in Buffalo and Niagara Falls; and Be It Finally Resolved: That certified copies of this resolution be sent to Governor George Pataki, Speaker of the New York State Assembly Sheldon Silver, Majority Leader of the New York State Senate Joseph Bruno, the Western New York delegation of the New York State Legislature, the Erie County Legislature, the Niagara County Legislature, the Niagara Falls City Council, the Buffalo Economic Renaissance Corporation, the Department of Community Development, the Buffalo-Niagara Partnership, the Black Chamber of Commerce, the Office of Urban Initiatives, the Niagara Falls Area Chamber of Commerce, the African American Business Group of Niagara Falls, the American Business Women's Association - Niagara Falls Chapter and the ECIDA. Page 77 00-0418.txt ADOPTED. NO. 205 By: Mr. Brown CONCERNS REGARDING HAZARDOUS WASTE AT 858 EAST FERRY STREET Whereas: The property located at 858 East Ferry Street is a City-owned, vacant lot, zoned for industrial usage and designated on the New York State Department of Environmental Conservation (DEC) Registry as Site #915175; and Whereas: The DEC has sent a communication to the City of Buffalo informing the City that 858 East Ferry Street has received a Classification Code 2, meaning that the site poses a significant threat to the public health or environment - action required; and Whereas: This Common Council is extremely concerned about the status of Site # 915175 because there is no signage designating it as a hazard and because the site is located in a densely populated area, in close proximity to the Ferry-Grider Homes, a Buffalo Municipal Housing Authority complex, occupied by 194 people; Now, Therefore, Be It Resolved: That this Common Council requests that the New York State Department of Environmental Conservation (DEC) take immediate action in the interest of the public by: (1) Insuring that the site is properly contained until further, more detailed, information can be compiled disclosing the exact contents of any soil contamination through the storage of hazardous waste and (2) Placing signage at this site notifying the general public that the contents of the soil, or ash, on this parcel of land should not be disturbed; and Be It Further Resolved: That this Common Council requests that a representative from the New York State Department of Environmental Conservation (DEC) appear before this honorable body to discuss the environmental concerns about 858 East Ferry Street including the regulations regarding what can and cannot be stored on this site zoned for industrial usage; and Be It Further Resolved: That the Division of Licenses, Inspections and Permits provide an update on any information it has on this site and also be requested to conduct a review of its internal procedures for the monitoring, licensing and inspecting of industrial sites, and to report to the Common Council with a disclosure of its findings; and Be It Further Resolved: That it be duly noted that it is not the intention of this Common Council to alarm the general public, but rather to bring a pertinent issue to light that needs to be discussed and carefully evaluated; and Be It Finally Resolved That: Certified copies of this resolution be sent to the New York State Department of Environmental Conservation, the New York State Department of Health, the Erie County Department of Health and the Department of Community Development. REFERRED TO THE COMMITTTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF COMMUNITY Page 78 00-0418.txt DEVELOPMENT, THE COMMISSIONER OF PUBLIC WORKS AND NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NO. 206 By: Mr. Brown CREATION OF A SPECIAL ZONING DISTRICT - FILLMORE AVENUE FROM BEST STREET TO MAIN STREET Whereas: Fillmore Avenue from Main Street to Best Street is a major commercial artery running through the center of Buffalo; and Whereas: This vital commercial section contains a diversity of economic activity including industrial, retail, and food service businesses, and the sustainment of this business strip is a priority needed to improve the overall economic condition of the City of Buffalo; and Whereas: There are several planned and ongoing initiatives in place to protect, and further develop economic activity along Fillmore Avenue from Best Street to Main Street including: improvements to Martin Luther King Park, the redevelopment of Kensington Heights, the C District Police Station, an Eckert Drug Store, a new Glenny Park Shelter House, beautification through landscaping tree planting, new curbs and sidewalks; and Whereas: In order to continue the stimulation of growth, it is necessary to create a special zoning district along Fillmore Avenue from Best Street to Main Street; Now, Therefore, Be It Resolved: That this Common Council Requests that the Division of Planning draft the appropriate zoning legislation to institute a special zoning district along Fillmore Avenue from Best Street to Main Street; and Be It Finally Resolved: That certified copies of this resolution be sent to the Department of Community Development, the Division of Planning, the Buffalo Economic Rennaisance Corporation, the Office of Urban Initiatives and the Black Chamber of Commerce. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 207 By: Mr. Brown INCREASED APPROPRIATION-GENERAL SERVICES That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriations in the budget for the current fiscal year for Appropriation Allotments in Inventory and Stores - Postage, Gasoline & Lubricants and Automotive Supplies, be and the same are hereby increased in the sums of $50,000, $50,000 and $100,747 respectively. That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: From: 10072030-389001 Print Shop - Miscellaneous Revenues $200,747 To meet the increased appropriation as set forth below: To: 10781005 Print Shop 461400 Postage $ 50,000 462600 Gasoline & Lubricants $ 50,000 465001 Automotive Supplies $100,747 Page 79 00-0418.txt PASSED. AYES-12. NOES-0. NO. 208 By: Mr. Brown LNCREASED APPROPRIATION RESERVE FOR CAPITAL APPROPRIATIONS STREETS DEPARTMENT That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - - Streets - Sanitation Buildings & Fleet Maintenance - Exempt Items be and the same hereby is increased in the sum of $59,568. That, the comptroller be and hereby is authorized and directed to transfer the sum of $59,568 from 10700096-397200 - Reserve for Capital Budget to meet this increased appropriation as set forth below: To: 15050007 - Sanitation Buildings & Fleet Maintenance 474200 - Capital Outlay – Vehicles $59,568 PASSED AYES-12. NOES-0. NO. 209 By: Mr. Brown TRANSFER OF FUNDS VARIOUS DEPARTMENT OF STREETS That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $134,358 be and the same is hereby transferred from various Capital Outlay Freeze Accounts and said sums are hereby reappropriated as set forth below: From: 10648007 - 490000 Tax Office $414 10768007 - 490000 Purchase $75 10781007 - 490000 Inventory & Stores $50,797 11252007 - 490000 Administrative Adjudication $892 11353007 - 490000 Labor Relations $118 11354007 - 490000 Civil Service $ 4,800 113 55007 - 490000 Benefits $360 11412007 - 490000 Towing $1,400 11413007 - 490000 Parking Enforcement $ 3,571 11475007 - 490000 PVB $ 6,604 13110007 - 490000 Design & Planning $ 6,000 13113007 - 490000 Bridges $ 4,038 13116007 - 490000 Street Lighting $ 1,235 13 191007 - 490000 Traffic Engineering $ 3,260 14000007 - 490000 Human Services $ 650 14312007 - 490000 Senior Citizens $ 2,872 1623 3 007 - 490000 In Rem $ 153 16350007 - 490000 Housing & Enforcement $47,120 To: 15050007 - 474200 Sanitation Building & Fleet Maintenance Capital Outlay – Vehicles $134,358 PASSED. AYES-12. NOES-0. NO. 210 BY: MR. BROWN TRANSFER OF FUNDS CAPITAL IMPROVEMENT CONTINGENCY Page 80 00-0418.txt DIVISION OF BUILDINGS That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the COMMOD Council, the sum of $250,000 be and the same is hereby transferred from the Capital Improvement Contingency account and said sum is hereby reappropriated as set forth below: From: 17220007 - 470001 Capital Reserve Contingency $250,000 To: 17523008 - 489130 Transfer out to Capital Project $250,000 From: 17523008 - 489130 Transfer out to Capital Project $250,000 To: 30012406 - 445 100 Division of Buildings - Reconstruction of City Owned Swimming & Diving Pools $250,000 PASSED. AYES-12. NOES-0. NO. 211 By: Mr. Brown TRANSFER OF FUNDS DIVISION OF BUDGET AND MANAGEMENT DIVISION OF ENGINEERING That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $20,000 be and the same is hereby transferred from the Division of Budget and Management - Planning for Capital Improvements account and said sum is hereby reappropriated as set forth below: From: Org.-Object 30000106-445 100 Capital Project Fund Division of Budget and Management Planning for Capital Projects $20,000 To: Org.-30334506 Capital Project Fund Division of Engineering Erie Basin Marina Rehab IV SV $20,000 PASSED. AYES-12. NOES-0. NO. 212 By: Mr. Brown WAIVER OF PERMIT FEES FOR CHRISTMAS IN APRIL REHABILITATION PROJECT Whereas: Christmas in April is an organization whose goals are to form broad-based community partnerships and to encourage volunteering at the community level to assist low-income homeowners, primarily the elderly and disabled, in the repair and rehabilitation of their homes; and Whereas: In Buffalo, Fleet Bank, TransAd Outdoor Media, Countrywide Home Loans and the Buffalo Bills were instrumental in bringing together many organizations and banks, as well as the City and County governments, to create a Buffalo Chapter of Christmas in April; and Whereas: Christmas in April has chosen two homes on Winslow Avenue and surrounding area of the Masten District for minor home repairs and complete exterior painting; and Whereas: The rehabilitation of these properties will be done Page 81 00-0418.txt as part of a Citywide clean-up involving a number of local volunteer organizations including members of the Buffalo Bills, MAD DADS of Greater Buffalo, Americorps, Masten Block Club Coalition, Habitat for Humanity and Grassroots, Inc.; and Whereas: The work of Christmas in April is for neighborhood beautification and improvement purposes only, with no underlying motives of profit from the participants; Now, Therefore, Be It Resolved: That this Common Council approves the waiver of any permit fees that are applicable to the Christmas in April rehabilitation program being planned for the weekend of May 4 to May 5, 2000. PASSED. AYES-12. NOES-0. NO. 213 By: Mr. Coppola APPOINTMENT OF LEGISLATIVE ASSISTANTS Whereas: Caroline Kooshoian of 404 Woodbridge Avenue, Buffalo 14214 has worked in the Common Council Delaware District office for four years; and Whereas: Joann Lopez of 311 Stanin Avenue, Buffalo 14216 has worked in the Court Section of City Hall with BURA for five years; and Whereas: They are both qualified and will be assets to the Council's Delaware District office; Now, Therefore, Be It Resolved: That both Caroline Kooshoian and Joann Lopez be appointed as Legislative Assistants in the Delaware District Common Council office ADOPTED. NO. 214 By: Ms. Ellington PERMISSION TO HANG BANNER Whereas: The Broadway-Fillmore Village Coalition under the auspices of the Neighborhood Information Center, Inc. have planned and will be conducting a brand new week-end Festival, during the first weekend of May, 2000; and Whereas: The purposes of this event are to reawaken annual pride by having a very positive co-sponsored event on the East Side, and to unite the diverse communities that live there; and Whereas: Two of the largest economic groups in Buffalo, African American and Polish Americans, together, intend to re-educate the community at large regarding their contribution to the American dream; and Whereas: On Saturday, May 6, 2000, there will be a parade and other festivities honoring the two highlighted figures; Thaddeus Kosciuszko, a Polish Patriot and brilliant military strategist of the Revolutionary War and Rev. Dr. Martian Luther King, Jr., Pastor and Civil Rights Leader of the 1950's and 1960's; and Whereas: To announce this special event, the Broadway Fillmore Village Coalition is seeking permission from this honorable body, to hang a banner across Broadway Avenue from the side of the Broadway Market at 999 Broadway, to a lamppost directly across the street, from April 18, 2000, to May 8, 2000; and Now, Therefore, Be It Resolved: Page 82 00-0418.txt That the Common Council of the City of Buffalo grants permission to the Broadway-Fillmore Village Coalition, to hang a banner across Broadway Avenue, announcing their parade and festival to be held on the weekend of May 6, 2000 and May 7, 2000, and Be It Further Resolved: That said banner will hang across Broadway Avenue attached to a light fixture at 998 Broadway, and the Broadway Market at 999, Broadway, from April 18, 2000 to May 8, 2000; and Be It Finally Resolved: That said banner meets all the requirements set forth by the Department of Public Works and the Corporation Counsel, and that no existing laws are violated. PASSED. AYES-12. NOES-0. NO. 215 By: Councilmember Fontana SET PUBLIC HEARING NEW BUFFALO INDUSTRIAL PARK PORTION OF DISPOSITION PARCEL 5 -1.8 ACRES WHEREAS, Richard Weber as Agent for an LLC to be formed 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 Agreement for the disposition of a portion of disposition Parcel 5 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 22nd day of April 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 2nd of May 2000. ADOPTED. NO. 216 By: Mr. Fontana SPIN BINS LOVEJOY STREET & CLINTON STREET Whereas: Lovejoy Street and Clinton Street are business strips in the Lovejoy District; and Whereas: The business strips, working in conjunction with the Lovejoy District Neighborhood Revitalization Service Inc., would like to request permission to install Spin Bin Page 83 00-0418.txt containers on the light poles; and Whereas: The Spin Bins are attempts to improve the business strips and enhance the appeal of the business and the residential community; and Therefore Be It Resolved: That the Common Council grant permission for the Lovejoy Street and Clinton Street business strips to install Spin Bin trash containers. PASSED. AYES-12. NOES-0. NO. 217 By: Mrs. Grant CITIZEN PROTEST OF FORCED CONVERSION TO METERED WATER CONSUMPTION. WHEREAS: The City of Buffalo instructed all flat rate water customers that water meters will be installed in their homes; and WHEREAS: all existing water metered customers were instructed that new water meters will replace their existing one; and WHEREAS: many water customers have encountered numerous problems and unanticipated expenses when attempts were made to enact the new meter conversion; and WHEREAS: some of these customers have been charged plumbing bills of $3,000,000 or more; which, in many cases reflect almost half of the Low Income residents on Social Security pensions or total annual household income; and WHEREAS: the City of Buffalo's conversion to a total metered water system was mandated by the State of New York NOW, THEREFORE BE IT RESOLVED: That this honorable body requests that American Water Works appear before this Common Council to explain what guidelines are used to determine whether existing water pipes need to be replaced before a conversion to the new meters can be completed. BE IT FURTHER RESOLVED: That the City of Buffalo or American WaterWorks compile a list of reputable plumbers that will charge a set fee for certain types of pipe replacement. BE IT FURTHER RESOLVED: That the City of Buffalo, the County of Erie and the State of New York set up special accounts to assist low income homeowners with plumbing costs that are directly attributed to the State mandated installation of the new water meters. BE IT FURTHER RESOLVED: That copies of this resolution be sent to the Western New York Delegation, Erie County Legislation, County Executive Joel Giambra, Mayor Masiello, Corporation Consul, The City Budget Director and American WaterWorks. BE IT FINALLY RESOLVED: That the governmental bodies listed above respond to this resolution no later than 2pm May 2, 2000 REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF PUBLIC WORKS AND AMERICAN WATERWORKS. NO. 218 By: Mrs. Grant PETITIONS IN SUPPORT OF LOW INCOME SENIORS' EXEMPTION FROM PAYING THE CITY OF BUFFALO GARBAGE USER FEE. The Garbage User Fee continues to present an economic Page 84 00-0418.txt hardship for the residents of Buffalo, especially our low income Senior citizens; and Many residents of City of Buffalo support this Council Member's Resolution requesting a User Fee Exemption for low income Seniors; and While this honorable body studies the feasibility of abolishing the User Fee for every homeowner; and NOW, THEREFORE, BE IT RESOLVED THAT: The attached Petitions containing an additional 190 signatures are to be filed on behalf of City residents' call for a User Fee Exemption for low income Seniors; and BE IT FURTHER RESOLVED: That this Common Council recognizes the total of nineteen hundred and forty is only a partial representation of the signatures collected thus far, and that many more signatures will be amassed in this continuous and ongoing process; and BE IT FINALLY RESOLVED THAT: These Petitions be filed with the Office of the Mayor, the Department of Assessment, and the Budget Committee of this honorable body. REFERRED TO THE COMMITTEE ON BUDGET. NO. 219 By: Mrs. LoTempio APPOINTMENT - LEGISLATIVE ASSISTANT I hereby appoint George A. Gould, 15 Red Jacket Parkway, Buffalo, NY 14220, to the position of Legislative Assistant, effective April 10, 2000. ADOPTED NO. 220 By: Mrs. LoTempio and Mrs. Williams WAIVE PERMIT AND CONSTRUCTION FEES FOR MCKINLEY HIGH SCHOOL CONSTRUCTION PROJECT Whereas: In September 1998, the carpentry students in the Buffalo Public School's Vocational Education Program at McKinley High School worked as a team with the vocational students from Seneca and Emerson and began a project entitled "There's No Place Like Home"; and Whereas: The students at McKinley High School built a 1,200 square-foot house with three bedrooms, a kitchen and dinette, a living room and 1 and 1/2 baths, in a huge workshop at the Elmwood Avenue school; and Whereas: The Construction Exchange of Buffalo and Western New York and its Construction Industry Education Program adopted the carpentry class at McKinley, managed this unique project and is responsible for funding the project through local corporate and foundation grants and in-kind donations; and Whereas: The City of Buffalo donated a vacant lot located at 660 Sycamore, where a concrete foundation will be built on site and once the house is moved, the students will assist in the completion of the project; and Whereas: The McKinley Horticulture students will provide the sod and flowers for the exterior of the completed house; and Whereas: The house will be sold to a first-time homeowner by Stovroff & Potter Real Estate Inc., in conjunction with M&T Bank's Get Started Mortgage; and Whereas: Approximately 400 students, including some from Seneca, Emerson and Hutchinson-Central Technical High Schools have Page 85 00-0418.txt looked after the drafting, carpentry, plumbing, wiring, roofing, sheet metal work, air conditioning, and landscaping; and Whereas: The students also learned about mortgage and real estate businesses, photographed the different stages of the work, and wrote about these efforts in their English classes; and Whereas: This project enabled the students to get a jump-start to go out into the real world and at the same time, local employers are getting better trained workers, and the city schools offer stronger programs; and Now Therefore Be It Resolved: That the Common Council approves the waiver of the various City building and construction permits to facilitate the immediate construction of this unique project. PASSED. AYES-12. NOES-0. NO. 221 By: Councilmember Martino NEW YORK DEPARTMENT OF STATE'S QUALITY COMMUNICATIONS DEMONSTRATION PROGRAM GRANT PROJECT Whereas: The City of Lackawanna and the City of Buffalo (South Council District) with the support of the Olmsted Parks Conservancy have submitted a joint grant application; and Whereas: The purpose of the grant application is to develop a Strategic Area Plan, intended to create a "sense of place" for the area surrounding and encompassing South Park (an Olmsted Park), the Eric County Botanical Gardens, and Our Lady of Victory Basilica; and Whereas: The key features of the plan are expected to be utilization of a gateway concept, delineating the physical boundaries of the district. Gateway features will be identified to "announce" the neighborhood, tying the various historic, natural, environmental and economic development features together into one identifiable district or neighborhood. Gateway markers could include a combination of landscaping, specialty lighting, arches, columns, sculptural elements and specialty paving. Whereas: The City of Lackawanna, is paying TVGA Engineering, Surveying, P.C. the sum of $500.00 to prepare the grant application. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo, support the City of Buffalo, City of Lackawanna and the Olmsted Conservancy joint application to the New York State's Quality Communications Demonstration Program Grant project for the improvement and identification of the South Park, Botanical Gardens and Our Lady of Victory Basilica area; and Be It Further Resolved: That the Honorable Body authorize an agreement between the City of Buffalo, City of Lackawanna and Olmsted Conservancy to administer the grant upon approval. ADOPTED. NO. 222 By: Mrs. Martino PERMISSION TO HANG BANNER Page 86 00-0418.txt Whereas: St. Agatha's Roman Catholic Church, located at 54 Alamo Place, will be sponsoring a "Lawn Fete" on June 9, 10, and I 11h 2000;and Whereas: This annual event is a major fundraiser for St. Agatha's Roman Catholic Church and will help offset the costs associated with church repairs as well as running the elementary school-, and Whereas: To announce this special event, St. Agatha's Roman Catholic Church is seeking permission to hang a banner across Abbott Road at Good Avenue from April 25 to June 19, 2000; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to St. Agatha's Roman Catholic Church to hang a banner announcing their annual "Lawn Fete" to be held on June 9, 10, and 11, 2000; and Be It Further Resolved: That said banner will hang across Abbott Road at Good Street from April 25 to June 19, 2000; and Be It Finally Resolved: That said banner meets all the requirements set forth by the Department of Public Works and the Corporation Counsel, and that no existing laws are violated. PASSED AYES-12. NOES-0. NO. 223 BY: MS MILLER-WILLIAMS SALARY ORDINANCE AMENDMENT 01 - COMMON COUNCIL 1004- LEGISLATIVE #3 The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 01 - Common Council, 1004 - Legislative #3, which reads: 2 Legislative Assistant to the Councilmember $32,002 Is hereby amended to read: 1 Legislative Assistant to the Councilmember $32,002 1 Assistant Legislative Aide $21,000 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, CHARLES L. MICHAUX III, CITY CLERK and JAMES B. MILROY, Ph.D., DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance a, being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM Michael B. Risman Corporation Counsel Page 87 00-0418.txt NO. 224 By: Mrs. Miller-Williams TRAILBLAZING SIGNS ON MYRTLE STREET Whereas: In memory and honor of the late Agustin "Pucho" Olivencia, a patriarch of Buffalo's Hispanic Community, it is respectfully requested that this Honorable Body authorize the installation of trailblazing signs on Myrtle Avenue, between Michigan and S. Cedar, to read, Agustin "Pucho" Olivencia Street; and Whereas: When first generations of Puerto Rican families arrived in Buffalo from their native Puerto Rico, they immediately and instinctively sought out "Pucho" for assistance. Puerto Rican families knew of "Pucho" before their planes landed in Buffalo, and the fears and anxieties associated with culture shock and establishing a new life were quickly put to ease by "Pucho's" warm and helpful disposition; and Whereas: The basic necessities for these families became "Pucho's" concern and mission. "Pucho" assisted the families with food, shelter, employment and education. "Pucho" was a liaison, advocate and servant for any and all that called upon him in times of need; and Whereas: Humble, generous, loving and caring are all words that come to mind when one recalls the many outstanding contributions and accomplishments of Agustin "Pucho" Ofivencia; Now Therefore, Be It Resolved: That the Common Council requests the Department of Public Works to install trailblazing signs that read, Agustin "Pucho" Olivencia Street below the existing street signs on the portion of Myrtle between Michigan and S. Cedar; and Now Therefore, Be It Further Resolved: That the unveiling and dedication of the trailblazing signs be scheduled during this year's Annual Grease Pole Festival to be held on Sunday, July 16" at the Agustin "Pucho" Olivencia Center, located at 261 Swan Street. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 225 By Mrs. Williams FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Franciscan Center By: Councilmember Martino ADOPTED. NO.226 By: Mrs. Williams APPOINTMENTS COMMISSIONERS OF-DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioners of Deeds for the term ending December 31, 2000, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City GEORGE A. GOULD CAROLINE KOOSHOIAN MARC COPPOLA Page 88 00-0418.txt JOANNE D. LOPEZ DEBRA KAY NASCA PATRICK JUDGE Total: 6 ADOPTED UNFINISHED BUSINESS 7 NO. 227 BOND RESOLUTION-$200,000-RESTORATION OF MONUMENTS (#185-C.C.P., APRIL 4, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Brown. CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mrs. Grant. PASSED AYES-12. NOES-0. NO. 228 BOND RESOLUTION-$ 500,000-ROOF REPLACEMENT-VAR. SCHOOLS (#186-C.C.P., APRIL 4, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mrs. Ellington. CARRIED. Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Golombek PASSED. AYES-12. NOES-0. NO. 229 BOND RESOLUTION-$700,000-VAR. SCHOOLS-ELEC. RECONST. (#187-C.C.P., APRIL 4, 2000) Mrs. LoTemplo moved that the above item be taken from the table. Seconded by Ms. Gray CARRIED. Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Bonifacio. PASSED. AYES-12. NOES-0. NO. 230 BOND RESOLUTION- $3,000,000-RECONST. - SCHOOL SCIENCE LABS (#188-C.C.P., APRIL 4, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Brown CARRIED. Mrs. LoTempio now made a motion to approve said item. Seconded by Mrs. Martino. PASSED. AYES-12. NOES-0. NO. 231 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13 1h Floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Page 89 00-0418.txt Committee on Civil Service Tuesday, April 25, 2000 at 9:30 o'clock A.M. Committee on Finance Tuesday, April 25, 2000 following Civil Service Committee on Legislation Tuesday, April 25, 2000 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, April 26, 2000 at 10:00 o'clock A.M. Ancillary Meetings Budget Committee Monday, April 24, 2000 at 10:00 A.M.-Room 1417 Police Reorganization/Oversight Committee- Wednesday, April 26, 2000 at 2:00 P.M.-Council Chambers NO. 232 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms Grant, the Council adjourned at 4:35 P.M. CHARLES L. MICHAUX III CITY CLERK Page 90