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Home My WebLink About00-0404 00-0404.txt No. 7 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO APRIL 4, 2000 MAYOR Hon. Anthony M. Masiello COMPTROLLER Anthony Nanula COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE Richard A. Fontana MAJORITY LEADER Rosemarie Lo Tempio COUNCILMEMBERS-AT-LARGE Beverly Gray Charley H. Fisher III Rosemarie LoTempio DISTRICT COUNCIL MEMBERS ALFRED T. COPPOLA - DELAWARE BARBARA MILLER-WILLIAMS - ELLICOTT KAREN ELLINGTON - FILLMORE RICHARD A. FONTANA - LOVEJOY BYRON BROWN - MASTEN DOMINIC J. BONIFACIO JR. - NIAGARA JOSEPH GOLOMBEK JR. - NORTH MARY M. MARTINO - SOUTH BETTY JEAN GRANT - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Barbara Miller-Williams, Chairman, Charley H. Fisher III, Karen Ellington, Betty Jean Grant, Mary M. Martino CLAIMS COMMITTEE: Betty Jean Grant, Chairman, Alfred T. Coppola, Barbara Miller- Williams, Mary M. Martino, Richard Fontana COMMUNITY DEVELOPMENT COMMITTEE: Beverly Gray Chairman, Joseph Golombek, Berry Jean Grant, Charley Fisher, Karen Ellington, Dominic Bonifacio, Byron Page 1 00-0404.txt Brown FINANCE COMMITTEE: Byron Brown, Chairman, Mary Martino, Barbara Miller- Williams, Alfred T. Coppola, Karen Ellington, Charley Fisher III LEGISLATION COMMITTEE: Alfred T. Coppola, Chairman, Rosemarie LoTempio, Byron Brown, Beverly Gray, Dominic Bonifacio Jr., Joseph Golombek RULES COMMITTEE: James W. Pitts, Chairman Alfred T. Coppola, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Richard A. Fontana, Chairman, Beverly Gray, Dominic Bonifacio Jr., Joseph Golombek Jr., Charley H. Fisher III, Karen Ellington SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Betty J. Grant, Richard A. Fontana, Beverly Gray, Barbara Miller-Williams BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, James W. Pitts, Byron Brown , Alfred T. Coppola, Richar A. Fontana, Mary M. Martino ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana, Beverly Gray, Dominic Bonafacio Jr., Charley Fisher III, Joseph Golombek Jr. POLICE REORGANIZATION COMMITTEE: Charley H. Fisher III, Chairman, Karen Ellington, Barbara Miller-Williams, Mary M. Martino, Dominic J. Bonafacio Jr. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL-BUFFALO TUESDAY, APRIL 4, 2000 AT 2:00 P.M. PRESENT – James W. Pitts, Council President and Council Members Bonifacio, Brown, Ellington, Fisher, Fontana, Golombek, Grant, Gray, LoTempio, Martino,-11. ABSENT – Councilmember Williams-1. On a motion by Mrs. LoTempio, Seconded by Mr. Fontana, the minutes of the stated meeting held on Page 2 00-0404.txt March 21, 2000 were approved. FROM THE MAYOR NO. 1 DEPARTMENT OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT YEAR IV This year's entitlement award by the U.S. Department of Justice, Bureau of Justice Assistance (BJA), to the City of Buffalo is $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 and the Neighborhood Matching Funds Program. Provided for your information is a copy of the legal notice for a required public hearing that was published in the Buffalo News on Friday, March 10, 2000. Also, a summary of the seven purpose areas that must be followed in spending local law money, as well as, a list of application requirements and a program budget, with descriptions, is provided for your information. This year's Local Law Enforcement Block Grant program has been developed from past practices, input from the Police Department's Advisory Committee and input from citizens at large. The Year IV budget maintains the strong linkages of the first three years of funding, by continuing a well rounded and complete approach of providing preventive and enforcement programs in addressing the law enforcement needs of our community. The Buffalo Police Department, the Department of Parks, Recreation, Human Services and the Department of Community Development all receive funding for activities and programs. I am extremely proud of the accomplishments made under this program for the past three years and I ask for your acceptance on behalf of the City of Buffalo, the Year IV Local Law Enforcement Block Grant funds. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 2 26TH YEAR CDBG FUNDING Attached please find my recommendations for Year 26 Community Development Block Grant funds. I am pleased to inform you that my recommendation for Human Service funding in the upcoming Block Grant cycle exceeds the level of the current year. It is important to note that in light of increasing demands on the Block Grant budget, the Masiello administration has continued its commitment to providing funds for the most basic needs of all of the communities in the City of Buffalo, that is, Human Service programs. Commencing July 1st the city Department of Community Services will be established as its own department, separated from its current status with Parks and Recreation. This separate entity will allow for a more comprehensive and structured approach for providing, assisting and monitoring Human Service programs throughout the city. With this more focused objective, we can ensure that the dollars allocated to Human Services will be spent wisely and in the best interests of our citizens. In addition, some of the other highlights of the 26th Year CDBG budget are funding for: •Housing CBO's at the projected level of the current year; •Residential housing and rehab programs; •The Neighborhood Matching Grant that will be combined with other funding sources; •Neighborhood business opportunities and loan programs; •Economic development programs for downtown, the waterfront and neighborhoods; Page 3 00-0404.txt •A continued assault on derelict properties through inspections, the Mayor's Impact Team, and demolitions; •Street overlays; •Master planning; and •Historic preservation. Representatives from Community Development, the Buffalo Economic Renaissance Corporation, and Human Services, Parks and Recreation will be available to describe the details of individual recommendations. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BOARD OF ETHICS NO. 3 CITY OF BUFFALO BOARD OF ETHICS MEETING JANUARY 11, 2000 PRESENT: DOUGLAS COPPOLA,CHAIRMAN CHARLES MICHAUX III CHARLES CARR DAVID HAYES FOR MIKE RISMAN ABSENT: JAMES MAGAVERN, EXCUSED RICHARD SULLIVAN, EXCUSED The meeting was called to order at 9:00 am. The minutes of the December 14, 2000 was approved and received and filed. The filing of the Annual Disclosure Form was extended to February 15, 2000. 'Me board concurred that the Buffalo Economic Development Zone is policy-making and they are required to file the Annual Disclosure Form for 1999 and 2000. The received the letter from Councilmember Charley Fisher and concluded that a direct conflict exists as him as the chairman of the Board for Friends of the Elderly and recommends that he resigns immediately. Mr. Michaux made arrangements with Chris Bishop of Telecommunications to have a presentation of the COGEL website that is on the Internet. The meeting adjourned at 9:40 am. The two meetings are scheduled for February 14, 2000 and March 14,2000. CITY OF BUFFALO BOARD OF ETHICS MEETING FEBRUARY 14,2000 PRESENT:DOUGLAS COPPOLA, CHAIRMAN CHARLES MICHAUX III DAVID HAYES FOR MIKE RISMAN ABSENT: JAMES MAGAVERN, EXCUSED RICHARD SULLIVAN, EXCUSED CHARLES CARR, EXCUSED This meeting was the rescheduled on from February 8, 2000. The minutes of the January 11, 2000 are to be updated to reflect the changes requested. Douglas Coppola requested that all board members the password to the COGEL website. The Annual Dislcosure form lists was discussed and it was requested that all non-filers receive first notices. RECEIVED AND FILED FROM THE BOARD OF PARKING NO. 4 RENTAL FORGIVENESS SKYWAY LOT NO. 3 The above stated parking lot, skyway Lot. No. 3, is owned by the City of Buffalo and leased to Allright Buffalo, Inc. for a yearly rental of $36,636. Due to the reconstruction of the New York State Thruway and the access ramps to the Skyway, this lot was partially closed from April 19, 1999 to November 5, 1999. Page 4 00-0404.txt Allright Parking Buffalo, Inc. has requested a $10,480.45 rebate for this time period based upon the attached communication. REFERRED TO THE COMMITTEE ON FINANCE NO. 5 PARKING ENTERPRISE FUND REPORT OF THE PARKING INFRASTRUCTURE TASK FORCE You can find a copy of the above stated report, Destination Buffalo 2002, a Roadmap for an Accessible Community filed in the City Clerks Office. The major recommendations of the report are as follows: - expand park-and-ride shuttle by 800 cars and impose a new $10 month - increase the number of on-street parking spaces by 500. - eliminate discount programs (early-bird incentives, etc) at city parking ramps. - build a 1,200 space ramp in the retail core east of Main Street. - build a 1,400-space ramp behind Market Arcade Building or expand Augspurger ramp by 844 spaces. - extend Metro Rail further south to provide access to parking near HSBC Arena. REFERRED TO THE COMMITTEE ON FINANCE FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION NO. 6 1999 STATE OF THE ENVIRONMENT REPORT Attached you will find the Buffalo Environmental Management Commission's 1999 State of the Environment Report. Part 1 of the Report contains seven environmental policy recommendations from the Commission for the year 2000. Policy Recommendations 2 - 7 are directed at the City of Buffalo, and call on city government to take steps to address a number of important environmental issues. The Commission would like the opportunity to discuss adoption and implementation of Recommendations 2 - 7 with the appropriate committee of the Common Council. Please refer this item to committee so that we can have this discussion. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 7 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION DEPARTMENT OF GENERAL SERVICES 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 $10,000 in the estimates for the fiscal year beginning July 1, 1999 are necessary in Appropriation Allotments for the Division of Inventory & Stores, Auto Repair Supplies, 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 an increase of $10,000 in the General City Revenue account 10071030-380508 - Gas & Parts Reimbursement not otherwise appropriated for any other purpose. The detail of the requirements is set forth below: To: 10781005 - Inventory & Stores 465001 - Auto Repair Supplies$10,000 Dated: Buffalo, NY, March 15, 2000 RECEIVED AND FILED NO. 8 Page 5 00-0404.txt CERTIFICATE OF NECESSITY INCREASED APPROPRIATION GENERAL CITY INTERGOVERNMENT REIMBURSEMENT - BULK GAS PURCHASES GENERAL FUND UTILITIES - GAS 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 $2,728,139.25 in the estimates for the fiscal year beginning July 1, 1999 is necessary in Appropriation Allotments in General Fund Utilities - Gas (17213003-441001) 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 an increase of $2,728,139.25 in the General City Intergovernment Reimbursement - Bulk Gas Purchase account 10700010-380514 not otherwise appropriated for any other purpose. The details of the requirements are set forth below: To: 17213003-441001 General Fund Utilities – Gas $2,728,139.25 Dated: Buffalo, NY, March 22, 2000 RECEIVED AND FILED NO. 9 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS VARIOUS DEPARTMENTS We, Anthony M. Masiello, Mayor and Anthony Nanula, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $4,093,379 be transferred and reappropriated from the Various Departments, as set forth below: The amounts to be transferred represent unexpended balances of items contained in the budget for the current fiscal year and will not be needed at this time for the purpose for which they were appropriated. From: 17306002 Fringe Benefits 429005 Salary Adjustment$ 4,093,379 TOTAL $4,093,379 To: ORG OBJ 10101001414001Longevity $2,825 10102001414001Longevity $3,950 10105001414001Longevity $725 10113001414001Longevity $400 10220001414001Longevity $3,505 10265001414001Longevity $1,050 10331001411001Salaries $26,055 10331001414001Longevity $3,570 10370001411001Salaries $1,000 10370001414001Longevity $280 10441001411001Salaries $4,230 10443001411001Salaries $35,000 10443001414001Longevity $830 10444001411001Salaries $4,814 10444001414001Longevity $140 10445001411001Salaries $8,200 10445001414004Longevity $420 10471001411001Salaries $45,000 10471001414001Longevity$2,652 10546001414001Longevity $735 10647001414001Longevity $4,910 10780001414001Longevity $1,515 10781001411001Salaries $8,500 10781001413001Overtime $29,800 10781001413003Acting Time $4,200 Page 6 00-0404.txt 10782001411001Salaries $14,400 10782001413003Acting Time $200 11150001411001Salaries $17,700 11150001414001Longevity$1,965 11151001411001Salaries $2,150 11151001414001Longevity $140 11252001414001Longevity $800 11353001411001Salaries $38,800 11353001414001Longevity $140 11355001414001Longevity$700 11412001414001Longevity $1,300 11475001414001Longevity $2,990 11556001411001Salaries $43,700 11556001413001Overtime $8,600 11556001414001Longevity $2,885 11556001414004In Lieu of Summer Hours $1,225 12000001411001Salaries $25,000 12000001414001Longevity $39,810 12001001411001Salaries $367,500 12001001411002Duty Disability $101,400 12001001413001Overtime $68,500 12001001413002HolidayPay $13,000 12001001413005CourtTime 120,000 12001001413006Info Exchange Time$4,200 12001001414001Longevity $113,000 12003001411002Duty Disability $1,500,000 12003001413002HolidayPay $67,100 12003001413005CourtTime 500,000 12003001414001Longevity $381,095 12010001414001Longevity $20,755 12021001414001Longevity $29,010 12023001411001Salaries $600 12023001413001Overtime $16,000 13090001411001Salaries $4,824 13090001414001Longevity $1,840 13100001414001Longevity $2,010 13112001411001Salaries $26,105 13191001414001Longevity $510 13234001411001Salaries $4,189 15035001411001Salaries $20,300 15035001413001Overtime $23,700 15035001413002Holiday Pay$11,000 15035001413003Acting Time$900 15035001413004Shift Differential $250 15035001414001Longevity $6,370 13291001411001Salaries $25,600 13291001414001Longevity $560 13295001411001Salaries $7,500 14000001414001Longevity $3,640 14050001411001Salaries $80,000 14050001414001Longevity$4,555 14074001414001Longevity $280 14170001411001Salaries $47,500 14211001414001Longevity$40 14222001414001Longevity $2,555 14312001414001Longevity $795 14406001414001Longevity $775 14407001414001Longevity $6,140 14613001411001Salaries $8,700 15020001411001Salaries $19,230 15020001413001Overtime $1,200 15020001414001Longevity $1,470 15050001411001Salaries $62,900 Page 7 00-0404.txt 15050001413003Acting Time $1,200 16000001414001Longevity$540 16230001411001Salaries $12,920 16230001414001Longevity $960 16233001414001Longevity $1,610 16260001414001Longevity $1,145 16351001414001Longevity $595 TOTAL General Fund$ 4,093,379 Dated: Buffalo, NY, March 14, 2000 Anthony M. Masiello Mayor Anthony Nanula Comptroller RECEIVED AND FILED NO. 10 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS PUBLIC WORKS - BOND FUNDS COMMUNITY DEVELOPMENT - BOND FUNDS 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 $300,000 be transferred and reappropriated from the Division of Buildings - Capital Projects Fund, as set forth below: From: 34322606-445100 Capital Projects Fund 990 Series Division of Buildings Neighborhood Redevelopment 98-99 General Contracting $300,000 To: 30441206-445100 Capital Projects Fund Department of Community Development Neighborhood Redevelopment 99 Services General Contractor $300,000 Dated: Buffalo, NY March 27, 2000 Anthony M. Masiello Mayor Anthony Nanula Comptroller RECEIVED AND FILED NO. 11 REGARDING INCREASE MAINTENANCE CONTRACTS REGARDING RES #191, C.C.P. 3/21/00 The request for an increase to the Maintenance Contracts of $64,553.25 was necessitated by the redesign and reprogramming of over twenty-three Legacy Systems in the City's compliance of Y2K. These monies are required to pay various vendors for completed work and annual support charges. REFERRED TO THE COMMITTEE ON FINANCE NO. 12 INTERFUND LOAN Over the last six years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have one request for money to finance projects and we will not reenter the bond market at this time. Page 8 00-0404.txt We are requesting that you approve interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $1,600,000 Citywide Parks and Playgrounds. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From ToAccount 1000General 3000 Capital Projects 35640206 Repayment Date Total BAN/Bond Sale$1,600,000 Mrs. Lotempio moved: That the comptroller be and hereby is authorized to provide an interfund, cash loan from the general fund to the city’s capital projects fund in the amount of $1,600,000 citywide parks and playgrounds as specified in the above communication, the loan will be repaid when the bond anticipation notes or bonds are issued . PASSED AYES - 11 NOES – 0 NO. 13 LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE SOUTH BUFFALO CHARTER SCHOOL FOR USE OF A PORTION OF SCHOOL #29 LOCATED AT 2193 SOUTH PARK The Comptrollers Office, Division of Real Estate has received a request from Richard A. Grimm, III, Attorney, representing the South Buffalo Charter School (an education corporation to be formed) having an office located at 220 Theater Place, Buffalo, New York 14202. They are requesting to use a portion of former School #29 located at 2193 South Park Avenue to operate a Charter School. The rooms that have been designated at this time are Room #102, 110, Rm. #112, #113 and a small office on this 1st floor, Room #234, 235, 236 on the 2nd floor and Room 30 & 33 in the Basement. The lease shall commence on August 1, 2000 for a term of five (5) years and expire on July 31, 2005. This office has obtained comparable rental rates and has established a fair market rental rate at $4.50 per sq. ft., which includes the cost of all utilities. The total square footage shall be determined prior to occupancy. Providing Your Honorable Body approves this lease agreement it has been determined that the lease shall include but not be limited to the following terms and conditions: 1. The South Buffalo Charter School shall be responsible for the cost of all minor maintenance and repairs and keep the premises neat, clean, safe and sanitary condition, free of all garbage. 2. The rental fee shall be $4.50 per square foot, which includes utilities. 3. The South Buffalo Charter School shall provide insurance saving the City harmless from any liability, as set forth per Item #197, C.C.P. 3131/87 -Insurance Requirements for lease of city-owned properties. 4. The City of Buffalo now pays for all utilities and shall continue to do so. This office recommends that Your Honorable Body approve this Lease Agreement, which shall run through July 31, 2005. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for said lease incorporating buy not limited to the aforementioned terms and conditions, that may be deemed necessary to protect the interest of the City of Buffalo. I am also requesting that that the Mayor be authorized to execute the same. Mrs. Lotempio Moved: That the above communication from the Comptroller dated March 30, 2000, be received and filed; and That the Comptroller be, and he hereby is authorized to enter into a lease between the City and the South Buffalo Charter School (an education corporation to be formed) having an office located at 220 Theater Place, for use of a portion of former School #29 located at 2193 Page 9 00-0404.txt South Park Avenue to operate a Charter School. The rooms designated are Room # 102, # 110, # 112, # 113 and a small office on the 1st floor, Room #23 4, #23 5, #236 on the 2nd floor and Room #30 & #33 in the Basement. The lease shall commence on August 1, 2000 for a five (5) year term to expire on July 31, 2005. The rental fee shall be $4.50 per square foot, which includes utilities. That the Corporation Counsel be authorized to prepare the necessary lease incorporating but not limited to the aforementioned terms and conditions, that may be deemed necessary to protect the interest of the City. That the Mayor be authorized to execute the same. PASSED AYES-11, NOES-0 NO. 14 CORRECTED DATE CERTIFICATE OF APPOINTMENT Appointment Effective March 22, 2000 in the Department of AUDIT AND CONTROL Division of DATA PROCESSING to the Position of SR. DATA PROCESSING EQUIPMENT OPERATOR PERMANENT at the INTERMEDIATE Starting Salary of: 31330. BONNIE BUTLER 7 EDITH BUFFALO, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE PRESIDENT OF THE COUNCIL NO. 15 APPOINTMENTS TO THE TAXI CAB & LIVERY AD-HOC COMMITTEE I hereby appoint the following individuals to the Taxi Cab & Livery AD- HOC Committee: Ray Planad371 Northampton Street884-0347 Bill Yuhnke1524 Kenmore Avenue877-7111 Victor Connorozzo980 Grant Street875-4060 Diane M. Cox980 Grant Street875-4060 Robert H. Williams, 111387 N. Tonawanda Street863-3202 Kris Boyer1524 Kenmore Avenue877-7111 Curtis Drake1717 Fillmore Avenue896-3584 These individuals are fully qualified to serve as members. Beverly Gray, Council Member At Large will serve as Chairperson for the Taxi Cab & Livery AD-HOC Committee. RECEIVED AND FILED NO. 16 REMOVAL OF DEAD TREE AT 95 PECKHAM STREET I hereby request that the Forestry Department take the appropriate action to remove a dead tree in front of the above address. This tree has been reported as a hazardous condition, to no avail. It is a serious concern by the residents that someone may be seriously hurt from the falling branches of the tree. I would appreciate immediate action by the Forestry Department in the removal of the tree in front of 95 Peckham Street. REFERRED To THE COMMITTTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF PUBLIC VURKS AND THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION FROM THE COMMISSIONER OF ASSESSMENT NO. 17 CERTIFICATE OF APPOINTMENT Page 10 00-0404.txt Appointment Effective March 20, 2000 In the Department of Assessment to the Position of Associate Tax Clerk Temporary Appointment at the Maximum$32,402 Cheryl A. Yeates 65 Frontenac Avenue Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS NO. 18 REPORT OF BIDS - ELMWOOD/FOREST PARKING LOT 569/573 FOREST AVENUE, BUFFALO, NEW YORK On Wednesday, March 22, 2000, our department received and opened public bids for the construction of the Elmwood/Forest Municipal Parking Lot. A summary of bids received is as follows: Contractor Base Bid C. Destro Development $289,000.00 Paul J. Gallo Contracting $396,000.00 Thomann Asphalt and Paving $432,800.00 Based on the bids received I recommend that your Honorable Body authorize the Commissioner of Public Works to award a contract to C.Destro Development in the amount of $317,900 (Base Bid $289,000 + a 10% unit price increase of $28,900 = $317,900). The engineer's estimate for this work is $310,000 and funds are available in our Capital Project Account #34310106. REFERRED TO THE COMMITTEE ON FINANCE NO. 19 REPORT OF BIDS HERTEL AVENUE PIN #5754.43 DELAWARE AVE. TO STARIN AVE. ITEM NO. 22 DATED 12/23/97 This is to advise Your Honorable Body that I have advertised and received bids on March 22, 2000 for the Reconstruction of Hertel Avenue from Delaware Ave. to Starin Ave. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less that the total bid. The following bids were received: Contractor Total Bid Price Hartford Paving Corp. $8,329,468.50 Catco $8,358,621.04 Holmes and Murphy, Inc. $8,671,790.80 Destro & Bros. Concrete Co., Inc. $8,677,781.80 I hereby certify that the lowest responsible bidder for the above project is Hartford Paving Corp. and I respectfully recommend that Your Honorable Body authorize a contract award to Hartford Paving Corporation in the amount of $9,162,415.35. (Base Bid of $8,329,468.50 + [10% unit price increases] $832,946.85 = [Total Award] $9,162,415.35.) Funds for this project are available in our Capital Account Nos. '32046406, 30007606, 30227906, and 30123806. We also request permission to accept funds from the Buffalo Water Authority and the Buffalo Sewer Authority for their respective work which is part of this project. The engineer's estimate for this work is $8,000,000.00. Under provisions of the General municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by May 8, 2000. Individual bid submissions are available in our Page 11 00-0404.txt office for inspection and copies are available upon request. Mrs. Lotempio Moved: That the above communication from the Commissioner of Public Works dated March 29, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Reconstruction of Hertel Avenue from Delaware to Starin Avenues, to Hartford Paving Corp., the lowest responsible bidder, in the amount of $9,162,415.35 (Base Bid of $8,329,468.50 + [10% unit price increases] $832,946.85 [Total Award] $9,162,415.3 5). Funds for the project are available in Capital Account Nos. 32046406, 30007606, 30227906, and 30123806; and That the Commissioner of Public Works be, and he hereby is authorized to accept funds from the Buffalo Municipal Water Finance Authority and the Buffalo Sewer Authority for their respective work on this project. Passed. Ayes-11, Noes-0 NO. 20 REPORT OF BIDS THE PAINTING OF STREET LIGHT STANDARDS 2000 GROUP 522 ITEM #36 OF 12/28/99 This is to advise your Honorable Body that I have advertised and received bids on 3/29/00 for the Painting of street light standards -2000, Group 522, 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 E & M Star Painting, Inc.$108,721.25$119,593.37 T & T Contracting & Painting Co., Inc. $139,658.00$150,530.12 Atlas Painting & Sheeting Corp. $276,415.41$287,287.53 I hereby certify that the lowest responsible bidder for the above project is E & M Star Painting, Inc. I respectfully recommend that your Honorable Body order the work done, the cost thereof to be charged to Account #30335506-445 100 in the amount of S 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. The engineer's estimate for this work is $ 100,000.00, Attached is a list of proposed streets where standards will be painted. The attached is certified to be a true and correct statement of the three (3) 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 15, 2000. Individual bid submissions are available in or office for inspection and copies are available upon request. REFERRED TO THE COMMITTEE ON FINANCE NO. 21 REPORT OF BIDS RAW WATER BY-PASS CHAMBER BUILDING As authorized by your Honorable Body in CCP 29 of March 9, 1999, plans and specifications were prepared and sealed proposals accepted for Raw Water Bypass Chamber Building, Boiler Plant Stack, Roof Improvements and Brick Repair, City of Buffalo, Division of Water. I submit the following report of bids received which were opened in my office at 11:00 a.m. on March 1, 2000: Weaver Metal & Roofing, Inc. 40 Appenheimer Avenue Buffalo, New York 14214 $218,210.00 Page 12 00-0404.txt Nichter Associates 344 Vulcan Street Buffalo, New York 14207 $ 219,000.00 I certify that the foregoing is a true and correct statement of all bids received and that Weaver Metal & Roofing, Inc., 40 Appenheimer Street, Buffalo, New York is the lowest responsible bidder complying with the specifications for this project with their bid in the amount of $218,210.00. I respectfully request that your Honorable Body authorize the Commissioner of Public works to enter into a contract with Weaver Metal & Roofing, Inc., in the amount of $218,210.00 for the base bid plus a lot unit price increase of $21,821.00 for a total encumbrance of $240,031.00. The Engineer's estimate for this work was $230,000.00. REFERRED TO THE COMMITTEE ON FINANCE NO. 22 REPORT OF BIDS RECONSTRUCTION OF POOLS I advertised for on March 7, 2000 and received the following sealed formal proposals for the Reconstruction of Pools, Various Locations -2000, which were publicly opened and read on March 21, 2000. General Construction Patterson Stevens $199,500.00 C. H. Byron Co. $269,000.00 Mechanical Work Numarco, Inc. $ 48,600.00 Ackerman Mechanical$ 53,000.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction: Patterson Stevens in the amount of $199,500.00. Mechanical Work: Numarco, Inc. in the amount of $48,600.00. Total estimate for this work was $250,000.00. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bids, Funds for this work will be available in CPF 30012406 445100 - Division of Buildings. Mrs. Lotempio moved: That the above communication from the Commissioner of Public Works dated March 22, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for the Reconstruction of Pools, Various Locations - 2000, to the lowest responsible bidders, for General Construction, to Patterson Stevens, in the amount of $199,500.00, for Mechanical Work, to Numarco, Inc., in the amount of $48,600.00. Funds for the project are available in CPF 30012406 445100 - Division of Buildings. Passed. Ayes-11, Noes-0 NO. 23 REPORT OF BIDS ROOF RECONSTRUCTION EAST DELAVAN BRANCH LIBRARY I advertised for on March 14, 2000 and received the following sealed formal proposals for the Roof Reconstruction, East Delavan Branch Library, 1184 East Delavan, which were publicly opened and read on March 28, 2000. Jos. A. Sanders & Sons, Inc. $70,243.00 All Weather Contractors $71,895.00 Weaver Metal & Roofing $72,500.00 Page 13 00-0404.txt Jameson Roofing $73,377.00 McGonigle & Hilger $76,870.00 Progressive Roofing $80,500.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that Jos. A. Sanders & Sons, Inc., in the amount of Seventy Thousand Two Hundred Forty Three and 00/100 Dollars ($70,243.00) is the lowest responsible bidder in accordance with the plans and specifications. Total estimate for this work was $72,000.00. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bids. Funds for this work are available in CPF 30011706 445100, 30336606 445100, and 34321406 445100 - Division of Buildings. Mrs. Lotempio Moved: That the above communication from the Commissioner of Public Works dated March 29, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for the Roof Reconstruction, East Delavan Branch Library, to Jos. A. Sanders & Sons, Inc., the lowest responsible bidder, in the amount of $70,243.00. Funds for the project are available in CPF 30011706 445100, 30336606 445100, and 34321406 445100 Division of Buildings. Passed. Ayes-11, Noes-0 NO. 24 REPORT OF BIDS TREE REMOVAL - CITY WIDE - 2000 GROUP #521 ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids on March 29, 2000 for Tree Removal - City Wide - 2000, Group #521. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase Kilts Enterprises, Inc. $248,388.00 $273,226.80 Eastwood Industries, Inc. $328,900.00 $353,738.80 Terry Tree Service, LLC $365,720.00 $390,558.80 Schneck's Tree Removal, Inc. $414,000.00 $438,838.80 I hereby certify that the lowest responsible bidder for the above project is Kilts Enterprises, Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $273,226.80 ($248,388.00 Base Bid + 10% unit price increase $24,838.80 = Total Award $273,226.80). Funds for this work will be available in future Capital Project Account as per the 2.5 million dollar amendment to the 99-00 Capital Budget. The 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 15, 2000. Individual bid submissions are available in our office for inspection and copies are available upon request. REFERRED TO THE COMMITTEE ON FINANCE NO. 25 REPORT OF BIDS TREE TRIMMING - CITY WIDE - 2000, PHASE 1 GROUP #519 ITEM #126, C.C.P. 3/3/98 Page 14 00-0404.txt This is to advise your Honorable Body that I have advertised and received bids on March 29, 2000 for Tree Trimming - City Wide - 2000, Group #519. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase Sclineck's Tree Removal, Inc. $3031,000.00 $333,300.00 NC Contracting, Inc. $390,000.00 $420,300.00 Terry Tree Service, LLC $406,900.00 $437,200.00 Kilts Enterprises, Inc. $413,264.00$443,564.00 Eastwood Industries, Inc. $497,250.00$527,550.00 I hereby certify that the lowest responsible bidder for the above project is Schneck's Tree Removal, Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $33.3,300.00 ($303,000 Base Bid + 10% unit price increase $30,300 = Total Award $333,300). Funds for this work will be available in future Capital Project Account as per the 2.5 million dollar amendment to the 99-00 Capital Budget. The 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 15. 200 Individual bid submissions are available in our office for inspection and copies are available upon request. REFERRED TO THE COMMITTEE ON FINANCE NO. 26 CHANGE IN CONTRACT DELAVAN MOSELLE COMMUNITY CENTER PLUMBING WORK I hereby submit to Your Honorable Body the following changes for the Delavan Moselle Community Center, Plumbing Work, Elmwood Plumbing, Inc., C #92010112. 1. Connect water service connection into an existing 16" water main on Moselle Street in lieu of a 6" main as indicated on the contract documents. Add $13,116.07 The foregoing change results in a net increase in the contract of Thirteen Thousand One Hundred Sixteen and 07/100 Dollars ($13,116.07). Summary: Original Contract Amount $195,050.00 Amount of This Change Order (#1) $ 13,116.07 Revised Contract Amount $ 208,166.07 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Stieglitz Snyder Architecture) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 34320506 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 March 29, 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 Elmwood Plumbing, Inc., an increase in the amount of $13,116.07, as more fully described in the above communication, for work relating to Delavan Moselle Community Center, Plumbing Work, C #92010112. Funds for this project are available in CPF 34320506 445100 Division of Buildings. Passed Page 15 00-0404.txt Ayes-11, Noes-0 NO. 27 CHANGE IN CONTRACT PRECINCT 11 RENOVATIONS GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for Precinct 11 Renovations, General Construction, Summit Construction Group, C #92010135. 1. Install a wicket door within one of the new overhead doors at the request of the Police Department. Add $ 1,610.00 The foregoing change results in a net increase in the contract of One Thousand Six Hundred Ten and 00/100 Dollars ($1,610.00). Summary:Current Contract Amount $ 540,020.00 Amount of This Change Order (#2) Add$ 1,610.00 Revised Contract Amount $ 541,630.00 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 30337706 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. REFERRED TO THE COMMITTEE ON FINANCE NO. 28 PERMISSION TO HIRE CONSULTANT SCAJAQUADA EXPRESSWAY STUDY CLASSIFICATION/TRAFFIC CALMING R.O.W. ENHANCEMENTS Permission is requested from your Honorable Body to authorize the Commissioner of Public Works to hire an engineering consultant to perform a classification study and recommend design alternatives related to safety, right-of-way enhancements and traffic calming. This study is being done in conjunction with the New York State Department of Transportation with funding consisting of $240,000 in Federal Highway ISTEA funds and $60,000 Local Match provided by the City of Buffalo. These funds are available in our Capital Project Account #30123806. Mrs. Lotempio moved: That the above communication from the Commissioner of Public Works dated March 29, 2000 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to hire an engineering consultant to perform a classification study and recommend design alternatives related to safety, right-of-way enhancements and traffic calming Scajaquada Expressway Study Classification/Traffic Calming/R.O.W. Enhancements. Funds for this project are available in Capital Project Account #30123806. Passed. Ayes-11, Noes-0 NO. 29 1464 HERTEL AVENUE; REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mr. Jack Syracuse, owner of Gecko's Bar & Grille, located at 1464 Hertel Avenue, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The former restaurant at this location, Mr. Tony's, was granted approval to install a sidewalk cafe by the Common Council in 1977 (CCP #206 of June 14). The Page 16 00-0404.txt proposed cafe would measure 32' in length and project 8' from the building face into City right of way. The Department of Public Works has reviewed Mr. Syracuse's application pursuant to Chapter 413, Section 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 32' in length or extend more than 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 $1.35 per square foot of City right of way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 30 530 RHODE ISLAND REQUESTS PERMISSION TO INSTALL SIDEWALK CAFÉ Mr. Peter Goretti, owner of Essex Pub, located at 530 Rhode Island Street, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The sidewalk cafe permit for this location was revoked by the Common Council on April 28, 1998, (CCP #214). Mr. Goretti wishes to reapply for said permit at this time. The Department of Public Works has reviewed this application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances with regards to pedestrian movement and lines of sight for motorists only. All matters regarding excessive noise or neighborhood complaints which caused the revocation of the original permit are hereby referred to Your Honorable Body for consideration. The Department of Public Works 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 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 30' in length or extend more than 4' from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right of way from November 15 to April 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. Page 17 00-0404.txt 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 ON LEGISLATION AND THE CITY PLANNING BOARD NO. 31 REQUEST PERMISSION TO TRANSFER FUNDS ENGINEERING TO BOARD OF EDUCATION PEDESTRIAN BRIDGE N.W. COMMUNITY CENTER TO N.W. ACADEMY Permission is requested for your Honorable Body to transfer an amount not to exceed $350,000 from the Engineering Division to the Board of Education to facilitate construction of a pedestrian bridge between the new school and the existing community center. This work is being done as a change in contract to the contractor currently on site working for the Board of Education. Funding sources are $150,000 cash from our Community Center Capital Account #30341006 and a future bond sale of $200,000 the resolution for which was approved by your Honorable Body by Item #214 of CCP 3/21/00. Mrs. Lotempio Moved: That the above communication from the Commissioner of Public Works dated June 25, 1999 be received and filed; and That the Comptroller be, and he hereby is authorized to transfer an amount not to exceed $350,000 from the Engineering Division to the Board of Education to facilitate construction of a pedestrian bridge between the North West Community Center to the North West Academy. Funding sources are $150,000 cash from Public Works' Community Center Capital Account #30341006 and a future bond sale of $200,000 previously approved by Item No. 214, C.C.P., March 21, 2000. Passed. Ayes-11, Noes-0 NO. 32 RESPONSE TO AUDIT - HSPR GOLF IRRIGATION/SPRINKLER COST ESTIMATES The Department of Human Services, Parks and Recreation, has requested that this department prepare cost estimates to provide irrigation/sprinkler systems at Buffalo's three (3) golf courses. Following are the cost estimates prepared by this department. Delaware Park $ 380,000 Double Row System $ 320,000 Single Row System Cazenovia Park $ 250,000 Double Row System $ 215,000 Single Row System South Park $ 260,000 Double Row System $ 225,000 Single Row System REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF POLICE NO. 33 ERIE COUNTY TAKEOVER CENTRAL BOOKING DUTES I am in receipt of a copy of a letter sent to you dated March 9, 2000 from Erie County Sheriff Patrick Gallivan regarding our interest in having Erie County taking over Central Booking duties. I concur with Sheriff Gallivan that any exploration of this idea must Page 18 00-0404.txt include discussions with the Sheriffs Department. As we conveyed to the Council's Police Reorganization and Oversight Committee on March 1, 2000, we will not be ready to report to The Council regarding this concept until we are able to discuss this matter in detail with the Sheriff's Department. As you are aware, we have been exchanging ideas regarding this concept with Cheektowaga Chief of Police Bruce Chamberlin as well as the Citizen Advisory Groups for the Buffalo Police Department and the Cheektowaga Police Department. We will continue this process. I am pleased to see that Sheriff Gallivan is receptive to exploring this concept further. I am in complete support of his proposal for a "comprehensive, objective feasibility study" and look for-ward to having Buffalo Police Department input on any committee that would move forward with this study. In order to begin the project, I am forwarding copies of this correspondence to Sheriff Gallivan, County Executive Giambra, Mayor Masiello, and Cheektowaga Police Chief Bruce Chamberlin. I would ask that all recipients designate someone to serve on a committee to study the feasibility of an Erie County Central Booking. Captain Mark Makowski will represent the Buffalo Police Department and the City. He can be reached at 8515643. The Buffalo Police Department looks forward to the establishment of a formal committee as well as the comprehensive feasibility study. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION NO. 34 W. ROBERTSON-CARY ST. ASSN.-LOUD NOISE-UTOPIA BAR-228 FRANKLIN ST. RES 93 C.C.P. MARCH 21, 2000 I have reviewed item (493 C.C.P. Mar 21, 2000) w. Robertson-Carey St. Assn-Loud Noise at the Utopia Bar-228 Franklin St. The following are my comments and recommendations. The problem with loud music in the Franklin/Chippewa St. area began last summer, and with the advent of warmer weather, it once again appears to be something that must be addressed. During the past year, we have received dozens of calls to the Franklin/Chippewa St. area concerning loud music. As you are well aware this area is perhaps the hottest bar strip in the City of Buffalo, and music can be heard from every bar. However, when the rear doors of the Utopia Bar (228 Franklin St.) are opened, the sound is funneled directly into the Carey St. neighborhood located 2 blocks to the west. The Lieutenants in B-District have spoken and met with management many times regarding this problem. In fact several summonses for loud music have been issued. This has had little or no effect on the loud music coming from the Utopia Bar. Notwithstanding the fact that choosing to live in downtown Buffalo comes with expectations of people and noise, I must agree that the loud music from the Utopia Bar has created a nuisance for the Carey St. Homeowners Association. Moreover, management appears to be indifferent to the complaints. Perhaps 30 day suspension of their music license might get their attention. Nonetheless, any help the Council or SLA can provide in this matter would be greatly appreciated. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CORPORATION COUNSEL NO. 35 ALLEGED MISHANDLING OF FUNDS You should have recently received a certified copy of a resolution from the Common Council of the City of Buffalo requesting that the Erie County District Attorney investigate alleged mishandling of funds involving Buffalo Cable Access Media ("BCAM") a/k/a Buffalo Page 19 00-0404.txt Community Television ("BCTV"). Please receive this as a formal request for your intervention. As you may recall, your office successfully prosecuted the former Executive Director of BCAM Michelle Howard for grand larceny in the third degree in June, 1998. As a result of that matter, BCAM tried to reorganize under its original corporate name, BCTV, and continue to provide public access television services to the City of Buffalo. Despite the arrest and conviction of Ms. Howard, BCTV continued to have problems managing their finances and effectively providing services for the City. To assist them, the City placed them in a receivership with James Amato and Company, P.C. ("Amato"), an area accounting firm in October, 1997. It was expected that Amato would help BCTV better manage its funds, monitor its disbursements and prevent any further instances of conversion. Due to the prior theft, an insurance check was issued to BCTV in May, 1998. The proceeds of that check were expected to compensate BCTV and substitute for some of the funds lost from the crime. As the lost funds were originally provided by the City of Buffalo, it has been our position that the insurance proceeds are also public dollars to be used to further public access television. After it became apparent that BCTV could no longer effectively manage public access television, the City of Buffalo terminated BCTV and brought on a new public access provider, television, the City of Buffalo terminated BCTV and brought on a new public access provider, Buffalo Neighborhood Network ("BNN"). The two entities briefly worked together during the transition. BNN soon took over completely, inheriting equipment and some staff from BCTV. However, the two are completely separate and distinct legal entities with no relationship to the other. When Amato went to close the books on BCTV, it was discovered that BCTV bad not turned the proceeds of the insurance check to Amato. The Office of Telecommunications inquired about the proceeds and was advised by BCTV that they were holding onto the funds and intended to use them to continue as a public access producer. It has been the City's position that once BCTV was terminated by the City, they no longer had the right to retain public access funds, despite the claim they were acting as a public access operator. There is a significant difference between being a public access producer I one who makes programming for public access television) and a public access provider lone who manages a public access television network/station). In the waning days of the receivership, the City's cable television provider, Adelphia Cable, planned to take over the space utilized by BCTV. BCTV, despite being uncertain of its future, entered into a lease for a new location. When their funding and sanction from the City was terminated, the lease remained as a liability for the corporation. The City never approved the move or the lease at that location. It is believed that some of the insurance proceeds were used to fund a buy-out of the lease and assorted legal expenses. The City then aggressively sought the return of the insurance proceeds. The remaining principals of BCTV, led by its Board President Jimmie J. Green, then tried and failed to continue operating in the public access field. After various delays and City correspondence, BCTV came forward and briefly cooperated with the City on returning the outstanding public access funds. BCTV provided some receipts and loose records to account for the usage of the funds, along with the approximate figure of $6,000 as the amount remaining from the original check. The City has been trying to get a fuller accounting from the principals of BCTV, but they have become uncooperative and non-responsive. Fearing that the funds have been, or currently are being, inappropriately converted, the City decided to bring this matter to your attention. Whatever assistance your investigation would require, my office stands ready to assist you. The Comptroller's office and the Office of Telecommunications would also be of some assistance. If you have any questions, please feel free to contact my office. Page 20 00-0404.txt REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS. NO. 36 MFS TELECOM AGREEMENT NO. 240, C.C.P., 9/17/96 NO. 140, C.C.P., 11/16/99 Attached please find a request from MCI WorldCom to extend the Amendment to the Interim Agreement between the City and MFS Telecom of Buffalo to June 30, 2000. The Common Council previously granted an extension of this Agreement in Item No. 140, C.C.P., November 16,1999. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 37 SOUTH ELLICOTT PHASE 2 URBAN RENEWAL AREA APPROVAL OF CONTRACT FOR SALE OF LAND - 1.9 ACRES PORTION OF 289 EXCHANGE ST. The City of Buffalo Urban Renewal Agency duly designated TLC Properties 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. 38 OAK STREET REDEVELOPMENT PROJECT NYR-197 APPROVAL OF CONTRACT FOR SALE OF LAND FERTILITY ACOUSTICS, INC.(HRG. 4/18) Attached herewith is a Contract For Sale of Land by and between the City of Buffalo Urban Renewal Agency and Fertility Acoustics, Inc. 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 Page 21 00-0404.txt Resolution authorizing the Mayor to execute the necessary documents for the disposition of the land to Fertility Acoustics, Inc. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 39 CAZENOVIA PARK BASKETBALL COURTS - REPORT OF BIDS I hereby request permission to take bids for the above project; and have asked for and received the following bids for Cazenovia Park basketball courts on March 28, 2000 COMPANYBIDDEDUCT ALT.1 American Paving$44,800$2,450 Thomann Asphalt47,1603,180 Gleason's Nursery52,920 3,600 I hereby certify that the foregoing is a true & correct statement of the bids received. We are accepting the low bid of $44,800. Therefore, American Paving, 5880 Thompson Road, Clarence Center, New York 14032 is the lowest responsible bidder in accordance with the plans & specifications: I recommend that Your Honorable Body authorize the City to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account 30126906. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated March 29, 2000, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Cazenovia Park Basketball Courts, to American Paving, the lowest responsible bidder, in the amount of $44,800.00. Funds for the project are available in Bond Fund Account 30126906. PASSED AYES -11 NOES - 0 NO. 40 STACHOWSKI PARK PHASE 1 - REPORT OF BIDS Having received permission, Item #60, C.C.P. 2/03/98,to execute the master plan for Stachowski Park I hereby request permission to take bids for the above project; and have asked for, received and publicly opened the following bids on March 14, 2000 for Stachowski Park Phase 1: See Attached Bids available in City Clerk’s Office Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated March 29, 2000, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award a contract for Stachowski Park Phase 1, the lowest responsible bidders, for Landscape Work, to 1. S. S., Inc., in the amount of $495,9 10. 00, for Electrical Work, to Weydman Electric, in the amount of $80, 100. Funds for the project are available in City Wide Parks Playground Improvement Bond 99'-00' Munis account number pending. PASSED AYES -11 NOES - 0 NO. 41 BROADWAY-FILLMORE WORK FORCE DEV.PROGRAM ITEM #155, C.C.P 2/22/2000 In the above referenced item your Honorable Body resolved that it would sponsor a series of meetings to review Federal legislation that sunsets the Job Training Partnership Act (JTPA) on June 30, 2000. Page 22 00-0404.txt JTPA currently funds the Buffalo and Erie County Private Industry Council. It will be replaced by the Workforce Investment Act (WIA) on July 1, 2000. Please be advised that representatives from the Buffalo Employment and Training Services Office of the Private Industry Council (PIC) will be present at your meetings to provide information pertaining to services that will be available through the Workforce Investment Act. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 42 RESPONSE LEAGUE OF MUSLIN WOMEN ACQUIRE 166 BOX STREET ITEM #95, C.C.P. 3/15/00 The above referenced item is a request from the League of Muslim Women to acquire title to 166 Box Street, through the Urban Homestead program, for the purpose of establishing a Community Garden. They advise that they are a 501 ( c ) ( 3 ) not-for-profit organization and will be assisted by Grassroots Garden of Buffalo in planting a garden. Grassroots Gardens of Buffalo has a lease agreement with the City of Buffalo. That lease agreement allows Grassroots Gardens to use specific lots as Community Gardens. Grassroots Gardens provides liability insurance required by the City of Buffalo. The Urban Homestead Program is a residential property program established to transfer vacant properties to eligible homesteaders under certain conditions and return properties to the tax rolls. The League of Muslim Women, being a tax-exempt not-for-profit corporation, is not an eligible homesteader. The League of Muslim Women can either purchase the property through a negotiated sale or lease. I have asked the Director of In-Rem Properties to contact the League of Muslim Women and advise them on how to acquire or lease the property. Mrs. Lotempio moved: That the director of in rem properties be and he hereby is authorized To negotiate with the league of muslim women for the lease or purchase of 166 box street PASSED AYES 11 NOES 0 NO. 43 PERMISSION TO HIRE CONSULTANTS WALDEN PARK & HENNEPIN PARK We are requesting permission of Your Honorable Body to hire a consultant to develop plans, construction drawing and specifications for work at Hennepin Park Playground and Walden Park. Funds for this work are available in Bond Fund Account 34640206. Mrs. LoTempio moved: That the above communication from the Commissioner of Community Development dated March 30, 2000 be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to hire a consultant to develop plans, construction drawing and specifications for work at Hennepin Playground and Walden Park. Funds for this project are available in Bond Fund Account 34640206. PASSED AYES -11 NOES - 0 NO. 44 SECOND HAND DEALER 1201 HERTEL Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached( application for a Second Hand Dealer License located at 1201 Hertel and find that as to form it is correct. I have caused an investigation into the premises for which said Page 23 00-0404.txt application for a Second Hand Dealer License is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspector, I fin( it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Louis Sirianni Jr. The attached thereto for Louis Sirianni Jr. d/b/a Father & Son Furniture Restorations located at 1201 Hertel. This request is submitted for your approval or whatever action yet deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 45 USED CAR DEALER 1675 SOUTH PARK Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 1675 South Park and find that as to form it is correct. I have caused an investigation into the premises for which said application for a Used Car Dealer License is being sough and according to the attached reports from the Zoning Office, Fire Department and Building Inspector, I find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Joseph Breidenstein. The attached thereto for Joseph Breidenstein d/b/a Millennium Sales Int Inc located at 1675 South Park. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 46 USED CAR DEALER 1120 MAIN Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 1120 Main and find that as to form it is correct. I have caused an investigation into the premises for which said application for a Used Car Dealer License is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspector, I find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Bryan Lukow. The attached thereto for Bryan Lukow d/b/a Buffalo Motors Inc located at 1120 Main. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 47 USED CAR DEALER 50 SYCAMORE Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 50 Sycamore and find that as to form it is correct. I have caused an investigation into the premises for which said application for a Used Car Dealer License is being sought and according to the attached reports from the Zoning Office, The Department and Building Inspector, I find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Cornelius Delaney. The attached thereto for Cornelius Delaney d/b/a Delaney Auto Repairs located at 50 Sycamore. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 48 Page 24 00-0404.txt W. ROBERTSON-CARY ST. ASSN, LOUD NOISE-UTOPIA BAR 228 FRANKLIN STREET ITEM NO. 93 C.C.P., 3/21/2000 You have asked the Bureau of Administrative Adjudication to reply to the above item. Please be advised that four noise violation summonses were issued against 228 Franklin Street since October 1999, two have been paid and two are scheduled for a hearing on April 7, 2000. Deputy Commissioner Pellitier has informed me that the Police Department is closely working with the Cary Street Homeowners Association to resolve this issue. It is also my understanding that the State Liquor Authority is also checking into this matter. Additionally, the Police Department is monitoring the summonses that are issued against this property and have made arrangements to inform the Association of same. Our office will continue to monitor the status of any summonses, as well. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF STREET SANITATION NO. 49 APPT DIRECTOR OF REFUSE AND RECYCLING Appointment Effective in the Department of Street Sanitation to the Position of Director of Refuse and Recycling Permanent Competitive at the intermediate Step of $44,931 Edwin H. Marr, 119 Bedford, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ONCIVIL SERVICE FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION NO. 50 PARKSIDE COMMUNITY ASSOCIATION GRANT APPLICATION WHEREAS, The Parkside Community Association, Inc. is applying to the New York State Department of Environmental Conservation for a grant under the project to be located in the Vernon Triangle section of Parkside, a site located within the territorial jurisdiction of this Common Council; and WHEREAS, as a requirement under the rules of these programs said not-for-profit corporation must obtain the "approval/endorsement of the governing body of the municipality in which the project will be located." NOW, THEREFORE, be it resolved by this August body that the Common Council of the City of Buffalo hereby does approve and endorse the application of the Parkside Community Association, Inc. for a grant under the Urban and Community Forest Program for a project known as the Vernon Triangle Tree Planting Project and located within this community. Mrs. LoTempio moved: That the above communication from the Commissioner of Human Services, Recreation and Forestry dated March 30, 2000, be received and filed; and That this Common Council approve the application of the Parkside Community Association, Inc., for a grant under the Urban and Community Forest Program for a project known as the Vernon Triangle Tree Planing Project and located within this community. PASSED AYES -11 NOES - 0 NO. 51 PERMISSION TO WAIVE FEE FOR BANDWAGON RENTAL The Department of Public Works, Streets and Parks, Division of Parks and Recreation is requesting permission to waive the fee for the rental of the Bandwagon for the following event: April 22, 2000 -Earth Day Celebration - at Buffalo State College By Page 25 00-0404.txt Westem New York Earth Day 2000 Committee The above named event is sponsored in part by the representing groups or organizations and the City of Buffalo, Division of Parks and Recreation. This event follows the criteria that we have established for our Department's Co-sponsorship: 1.-A non-religious event in a park or playground, including Niagara Square. 2- The event provides a public benefit and is free to the public. 3- An event initiated by the Mayor's Office or any City Department. 4- A event co-sponsored by City Department The following criteria should be followed for a non-park event: 1- A daytime school event 2- An event held during work hours that does not generate overtime costs. 3- An event that has fees waived by the Common Council. Mrs. LoTempio Moved: That the above communication from the Commissioner of Human Services, Parks and Recreation dated March 23, 2000, be received and filed; and That the Department of Human Services, Parks and Recreation, be and he hereby is authorized to waive the fee for the rental of the Bandwagon for April 22, 2000 - Earth Day Celebration - at Buffalo State College by Western New York Earth Day 2000 Committee. PASSED AYES -11 NOES - 0 NO. 52 PERMISSION TO WAIVE FEE FOR BANDWAGON RENTAL The Department of Public Works, Streets and Parks, Division of Parks and Recreation is requesting permission to waive the fee for the rental of the Bandwagon for the following event: May 20, 2000 - Carnival in the Park - at Delaware Park By Parents for Public Schools, the Olmsted Conservancy, Buffalo Sunrise Rotary, etc. The above named event is sponsored in part by the representing groups or organizations and the City of Buffalo, Division of Parks and Recreation. This event follows the criteria that we have established for our Department's Cosponsorship: 1.- A non-religious event in a park or playground, including Niagara Square. 2- The event provides a public benefit and is free to the public. 3- An event initiated by the Mayor's Office or any City Department. 4- A event co-sponsored by City Department The following criteria should be followed for a non-park event: 1. - A daytime school event 2. - An event held during work hours that does not generate overtime costs. 3. - An event that has fees waived by the Common Council. Mrs. LoTempio moved: That the above communication from the Commissioner of Human Services, Parks and Recreation dated March 23, 2000, be received and filed; and That the Department of Human Services, Parks and Recreation, be and he hereby is authorized to waive the fee for the rental of the Bandwagon for May 20, 2000 -Carnival in the Park - at Delaware Park by Parents for Public Schools, the Olmsted Conservancy, Buffalo Sunrise Rotary, etc. PASSED AYES -11 NOES - 0 FROM THE COMMISSIONER OF GENERAL SERVICES NO. 53 REQUEST TO HOLD AUCTIONS OF OBSOLETE VEHICLES FOR Page 26 00-0404.txt VARIOUS CITYDEPARTMENTS The Department of General Services, Division of Purchase is hereby requesting your Honorable Body approve permission to hold auctions at various times for the Departments of Fire, Police and Streets to sell obsolete vehicles, which are beyond any repair. Mrs. LoTempio moved: That the above communication from the Commissioner of General Services dated March 29, 2000, be received and filed; and That the Commissioner of General Services be, and he hereby is authorized to hold auctions at various times for the Departments of Fire, Police and Streets to sell obsolete vehicles, to the highest responsible bidders. PASSED AYES -11 NOES - 0 FROM THE CITY CLERK NO. 54 APPT. COUNCIL CLERKS Appointment Effective March 23, 2000 in the Department of City Clerk, to the Position of Council Clerk Permanent Promotion at the intermediate Salary of: $33,024 Christine Lehner, 151 Villa Avenue, Buffalo, NY 14216 Susan M. Brennan, 273 East Street, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 55 BIRTH RECORDS REDUCED SIZE The question of a reduced sized birth record has come up frequently. Many States use them however, New York is not one of them and as registrar of the City of Buffalo, I am bound by State Law to follow the standards approved by the New York State Department of Health. I have inquired about reduced sized birth records, adding holograms and bar codes however, the State rejected my request for security reasons. Technology regarding secure data has advanced and a new proposal might by acceptable. Notwithstanding, my past research concluded that the cost of a tamper proof card would exceed $20.00 per record. Years ago the State issued a wallet size birth record at a cost of $25.00 directly from the Department of Health. Since that time however, the State has discontinued the practice due to increased fraudulent use and counterfeiting. Recent Federal Law requires a raised seal document to leave or enter the country and to also apply for a passport. I will nonetheless, keep you appraised of any new developments RECEIVED AND FILED NO. 56 DISPOSITION OF RECORDS Attached please find the following disposition of records from the following departments: Assessment, Human Services, Parks and Recreation, Audit and Control, Police Dept. RECEIVED AND FILED NO. 57 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. AddressBusiness NameOwner's Name 69 Delaware AveCiti Circle Inc. 1464 Hertel AveColcomwell 2017 Elmwoo Ave.BWW RestaurantsSally Smith 18 Abbott Rd,Celtic CrossingDeclan Baggott,Thomas McMahon Page 27 00-0404.txt RECEIVED AND FILED NO. 58 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- Donald J. Titus Jr. Police- Deborah Daniel, Barbara Anderson, Patrina Montgomery Amy Myer Fire-Thomas Breski Corporation Counsel- Gregory Dudek Community Development- Steven Woroniak Street Sanitation- James Ralph General Services-Sandi Soldi RECEIVED AND FILED. NO. 59 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Comptroller- Jim Sequin RECEIVED AND FILED. NO. 60 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority City Planning Board RECEIVED AND FILED. NO. 61 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 13, 2000 in the Department of Common Council to the Position of Intern I Seasonal Starting Salary of $ 7.00 Joseph Gusky 1478 Kenmore Buffalo, NY 14216 Appointment Effective MARCH 20, 2000 in the Department of Common Council Division of to the Position ofIntern I Seasonal Non-Competitive at the Flat Starting Salary of $ 7.00 BISERKA TABAR 149 FARMER STREET Buffalo, New York 14207 Appointment Effective: MARCH 20, 2000 in the Department of COMMON COUNCIL to the Position of INTERN VI SEASONAL NON-COMPETITIVE FLAT Starting Salary of: $10.00/HR CAROLINE KOOSHOIAN 404 WOODWARD BUFFALO NY 14214 NO. 62 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 Appointment Effective: March 29,2000 in the Department of Human Services Division of Recreation to the Position of Lifeguard Seasonal Non competitive at the Flat Starting Salary of $ 6.25 Page 28 00-0404.txt John Rodriquez, 350 Breckenridge, Buffalo 14213 Appointment Effective 3/17/00 in the Department of Public Works Division of Engineering to the Position of Marina Dock Attendant Starting Salary of $10.00 hr. Seasonal Non-Competitive at the Flat Jacob Jung , 88 Cumberland Ave. Buffalo, NY 14220 DEPARTMENT OF STADIUM AND AUDITORIUM Appointment Effective 3/20/2000 in the Department of 49-Stadium & Auditorium Division of 1-Dunn Tire Park Position of Laborer II to the Seasonal, Non-Competitive, at the Flat Starting Salary of $6.92 Robert McDow, 1 Maryner Tower, Apt.#702 Buffalo, 14201 Steven Thompson, 49 Castle Place, Buffalo, 14214 Carl Williams, 409 Winslow Avenue, Buffalo, 14211 Joseph Smietana, 24 Warren Avenue, Buffalo, 14212 Eric Anderson, 94 Lombard. Street, Buffalo, 14206 Roderick Cameron, 391 Washington Street, Buffalo, 14201 Richard Getman, 756 Seneca Street, Buffalo, 14210 Appointment Effective 3/20/2000 in the Department Of 49-Stadium & Auditorium Division of 1-Dunn Tire Park to the Position of Laborer II Seasonal Non-Competitive at the Flat Starting Salary of $ 6.92 Willie Anderson, 115 Shumway Street, Buffalo, 14206 Cynthia Anderson, 639 Grant Street, Apt, Buffalo, 14213 Orlando Agosto, 119 Barton Street, Buffalo, 14213 Joseph Gonzalez, C 939 Busti Avenue, Apt.# 2, Buffalo, 14213 Kathy Elliott, 56 Centennial Walk, Buffalo, 14201 Scott Fowler, 208 Best Street, Buffalo, 14209 Pedro Marquez, 517 Fourth Street Buffalo, 14201 Appointment Effective March 21, 2000 in the Department of Street Sanitationto the Position ofSeasonal Laborer II Seasonal Non-Competitive at the Flat Starting Salary of $ 6.92 Jerry L. Rainey, 228 Orange Street, Buffalo, NY 14204 Appointment Effective March 20, 2000 in the Department of Street Sanitation to the Position of Seasonal Laborer II Seasonal Non-Competitive at the Flat Starting Salary of $ 6.92 Monica M. Grabowski, 122 Scoville, Appointment Effective: March 28, 2000 in the Department of Street Sanitation to the Position of Seasonal Laborer II Seasonal Non-Competitive at the Flat Starting Salary of $6.92 Alvin D. Hale, 119 Longview Avenue, Buffalo,NY 14211 Jerome M. Jerozal, 27 Davey Street, Buffalo, NY 14206 Appointment Effective March 28, 2000, in the Department of Street Sanitation, to the Position of Seasonal Laborer II, Seasonal Laborer II, Non-Competitive at the Flat, Starting Salary of $6.92 Joseph W. Kowalewski, 70 Unger, Buffalo, NY 14210 NO. 63 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 FIRE APPOINTMENT EFFECTIVE March 27, 2000 IN THE DEPARTMENT OF Fire DIVISION OF Fire Communication TO THE POSITION OF Communication Specialist, permanent, appointment at the minimum Starting salary of $26, 970 Lawrence Wilk, 134 Davey Street, Buffalo, 14206 DEPARTMENT OF HUMAN SERVICES, PARKS AND RECREATION Appointment Effective March 28, 2000, in the Department of Human Services, Parks & Recreation, Division of Youth, to the Position of Attendant, Temporary, As Required, at the Flat Page 29 00-0404.txt Starting Salary of $ 6.00 p/h Brandon Gaiter, 77 Parkside, Buffalo 14214 Appointment Effective March 22, 2000 in the Department of Human Services, Parks & Recreation, Division of Youth, to the Position of Attendant, Temporary, As Required at the Flat, Starting Salary of: $ 6.00 p/h Ida White, 142 Hagen, Buffalo 14211 Sarah Loehfelm, 126 St. James, Buffalo 14222 Christina West, 282 15th, Buffalo 14213 Brandon West, 282 15th, Buffalo 14213 Susan Faltisco, 584 Perry, Buffalo 14210 Perry Pope, 384 Cambridge, Buffalo 14215 Appointment Effective March 21 2000, in the Department of Human Services, Parks & Recreation, Division of Youth, to the Position of Attendant, Temporary, As Required, at the Flat Starting Salary of: $ 6.00 p/h Edward Daniels, 272 Davidson, Buffalo 14215 Deola McLaurin, 45 Wyoming, Buffalo 14215 Rodney Spears, 146 French, Buffalo 14211 Appointment Effective: March 2000 in the Department of Human Services, Parks & Recreation Division of Youth to the Position of Supervisor Temporary As Required at the Flat Starting Salary of $ 6.50 p/h Lynn O’Neil, 520 Glenwood, Buffalo, 14208 CORPORATION COUNSEL Appointment Effective 3/27/00 in the Department of Law to the Position of Assistant Corporation Counsel (Muni Attorney) Permanent Appointment at the Minimum Starting Salary of $ 41,052 Denise Malican, 236 Massachusetts Ave., Apt. DEPARTMENT OF POLICE Appointment Effective April 3, 2000 in the Department of Police to the department of Crossing Guard Temporary Non-Competitive at the Minimum Starting Salary Judith Morella, 34 Condon Ave., Buffalo, NY 14207 Shirley Marshall, 261 Newburgh St., Appointment Effective March 27, 2000 in the Department of Police to the Position of Police Officer Permanent Appointment at the Minimum Starting Salary of: $ 34,057 Tracie L. Gallagher, 194 Culver Road, Buffalo, New York 14220 Darren D. Exurn 492 Northland Avenue Buffalo, New York 14211 Appointment Effective March 27, 2000 to the Position of: Public Safety Dispatcher Contingent Permanent Appointment at the Minimum Starting Salary of $25,900 Timothy J. Strunk, 151 Hollywood Avenue ,Buffalo, New York 14220 Appointment Effective March 20, 2000 in the Department of Street Sanitation to the Position of Exterminator Provisional Appointment at the Minimum Starting Salary of $24, 331 Joseph A. Bonda 149 Commonwealth Avenue Buffalo, NY 14216 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 64 ACQUIRE 315 CHERRY ST I am writing to you as a member of the board of directors of the Ukrainian Home Dnipro because we are very interested in acquiring a Page 30 00-0404.txt parcel of land at 315 Cherry Street, which I understand is owned by the City of Buffalo or one of its' agencies and directly adjoins our property along Cherry Street. The Ukrainian Home Dnipro, which is the heart and soul of the Ukrainian community in Buffalo, has been located at 562 Genesee Street since 1955. Over the past 45 years we have acquired various parcels of land next to our building which we use for picnic grounds, parking, our annual Ukrainian American Day Festival and other functions. We need the proposed area because it would expand the park-like grove used daily by our senior citizens, provide additional recreational space for the youth group that meets at Dnipro and allow for overflow parking when we hold our various events at Dnipro. We envision planting trees and improving the green space to enhance the appearance of the vacant lot. That lot is not suited for residential development since any house there would be isolated from the rest of the single family home community. We believe that the best use for that lot is to sell it to its! neighbor, the Ukrainian Home Dnipro, who has meticulously maintained its' property for more than four decades. This would be in accordance with the City of Buffalo's new policy of transferring odd lots it owns to responsible neighbors. The spring planting season is nearly upon us, so we would be most anxious to proceed with the lot transfer at the earliest opportunity. Should you have any questions, do not hesitate to call me at 8487601. I look forward to hearing from you soon. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL NO. 65 INFORMATION FOR 3/23 BUFFALO CITY COUNCIL MEETING Request: To provide an update on EPA activities since the December 17,1999 meeting with Buffalo Council President James Pitts and Council Member Mary Martino. The update will be provided at a Session of the Common Council of Buffalo, to be held on March 23, 2000, at 10:00 am in the Common Council Cambers on the 13th floor of City Hall. Backround: EPA met with Council President Pitts and Council Member Martino on December 17, 2000, in the offices of the New York State Health Department in Buffalo. At that meeting EPA presented plans for sampling the Hickory Woods Subdivision. In summary, we explained that EPA will perform comprehensive sampling to locate soil contamination within the Subdivision and provide this information to the NYSDOH who will evaluate the health consequences of the contamination. We stated that the site is being given the highest priority, and that we planned to complete the sampling plan, quality assurance plan and health and safety plan by the end of March, 2000. We also said that we would meet with the residents to obtain any available information about past dumping and/or disposal practices within the subdivision to ensure that these areas were fully investigated. Finally, we provided a tentative schedule for performing the sampling as follows: Complete sampling plan Initiate sampling Complete sampling Complete analysis of samples Complete Quality Assurance reviews End of March, 2000 Beginning of April, 2000 End of April, 2000 End of May, 2000 End of June, 2000 At this time EPA is on schedule. We have tentatively set up a meeting with the Hickory Woods Concerned Homeowners Association for next week to present our draft sampling plan. The plan has been reviewed and deemed acceptable by the NYSDOH and the ATSDR, the primary Page 31 00-0404.txt users of the data. The final plan will be prepared, after incorporating changes from the Association, and made available to all interested parties. A signed access agreement will be required before samples are taken from any property. Access agreements are being sent to all residents at this time. EPA will explain the sampling program and how properties will be affected (access for equipment, fence removal and replacement, restoration etc.) at the meeting with the residents before requesting signed agreements. At this time we plan to start sampling as soon as we have the signed access agreements, in early April. The data obtained from the sampling event at the Hickory Woods Subdivision will be provided to the NYSDOH, for the purpose of evaluating health impacts, as soon as the validated data is available. EPA will also provide the data from each property to the residents at that property. Any further EPA actions at the Hickory Woods Subdivision will be dependent upon the results of the sampling and the final NYSDOH Health Consultation. Issues: Relocation - Residents from the Hickory Woods Subdivision have asked to be relocated. The NYSDOH has determined that, based on the presently available sampling data, the level of PAHs in the Subdivision does not pose an immediate health concern. Therefore relocation is not appropriate (a Public Health Advisory is needed to justify immediate relocation). Planned remediation at Hickory Woods - EPA is negotiating with LTV, the former owner of some of the properties in Hickory Woods, to remove soils from the vacant lots with elevated contaminant levels. This would be accomplished through an Administrative Order with LTV, with oversight by EPA. Such actions would reduce any existing health threats in the Subdivision. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 66 HICKORY WOODS CONTAMINATION In response to the members of the Common Council, City of Buffalo invitation to attend the March 23, 2000, hearing reference to the Hickory Woods Contamination issue, I must respectfully decline. Due to the short notice of the invitation I had previously scheduled another commitment for that particular date. The Agency for Toxic Substances and Disease Registry (ATSDR) maintains an ongoing cooperative agreement with the New York State Department of Health (NYS DOH). Under this agreement not only does the ATSDR provide funding to the NYS DOH but also scientific and technical expertise from a national perspective. In respect to the Hickory Woods Subdivision both ATSDR and NYS DOH are in partnership in attempting to address the needs of the community. It is ATSDR's understanding that a representative from the NYS DOH will be present at the March 23 , Council hearing. As such, ATSDR feels confident that the health concerns of the community will be addressed properly as well as those of Councils. Additionally, the ATSDR and NYS DOH are working in concert with the Environmental Protection Agency (EPA) Region Il in development of a response action. When future meetings are scheduled I will be sure to make the effort, scheduling permitting, to be in attendance. If the Council has any specific questions or concerns, it would like the ATSDR to address, please feel to contact my office at (212) 637-4307 or 4305. RECEIVED AND FILED NO. 67 REQUEST SEQRA FOR EXPANSION IRON MOUNTAIN INC. We are writing to urge that the proposal by Iron Mountain, Inc. to expand a record-storage facility on the Buffalo River near the Bailey Avenue bridge through acquisition of a City-owned paper street be given Page 32 00-0404.txt a full and public environmental review, including preparation and distribution of an environmental impact statement pursuant to the State Environmental Quality Review Act. This site, which is located below the confluence of the Buffalo River and Cazenovia Creek near the Bailey Ave. bridge, has been a priority concern of our organization for more than a decade, because of its status as one of the few remaining natural areas on the lower Buffalo River. In the early 1990s, we developed a plan to convert the old bottling plant into an environmental education center, and the adjoining floodplain forest into a park. The site had reverted to City ownership for back taxes, and Brian Higgins, who was then a Councilmember, allocated CDBG funding to develop the site as we had proposed; but before the plan could be implemented, the City sold off the property as surplus. Within the past three years, Friends of the Buffalo River also provided input into one property owner's abortive attempt to build a marina and picnic grove on the site. While we have not yet had an opportunity to obtain any documentation relating to the current proposal, it appears to us that there are a number of issues associated with a facility of this type which warrant careful public review in light of the location proposed for it. 1. The site in question has been identified by the New York State Department of Environmental Conservation as one of the last remaining fragments of floodplain forest on the Buffalo River. In its Fish and Wildlife Habitat Inventory and Assessment of the Lower Buffalo River Watershed (October 1993), the Department of Environmental Conservation states (p.6 1): The remaining areas of flood plain forests within the study area are considered important areas of wildlife habitat. These forests likely provide for greater bird diversity by providing habitat for forest bird species. In addition to wildlife habitat, they act as reservoirs for plant diversity as documented in the plant lists [contained in the report]. These forests remain as the last relatively undisturbed forest in the urban Buffalo area. Most of them still contain natural understory vegetation. This feature is unique since virtually all upland forests have been removed from the vicinity of the study area and public parks containing trees are continually mowed and have no understory. . . . Protection of these areas should be given priority consideration. Thus, the site has important habitat values especially for nesting and migrating birds-that would likely be seriously diminished by the proposed development. The unique character of this forested area can be seen in the color aerial photograph of the neighborhood that is being forwarded to the Mayor's office with this letter. 2. The site is located along the route of a proposed Buffalo River Greenway which would enhance habitat, esthetics, recreational amenities, and property values along the Buffalo River. Location of large structures along the banks of the river could foreclose future beneficial development of this type. As a result, it would be inconsistent with the Recommendations and Design Guidelines for the site in the Buffalo River Greenway Plan and Design Guidelines adopted by the City of Buffalo Planning Board. 3. The Council currently has under consideration a 100-foot setback ordinance for riverfront properties. Authorizing a major development inconsistent with this setback would undercut the potential benefits of enacting the ordinance. 4. The proposed facility would most likely convert current green space into impervious paved or roofed surfaces. This would increase polluted stormwater runoff, further damaging the Buffalo River, at a time when the US Environmental Protection Agency is implementing more stringent stormwater standards. In this situation, estimates of the amount of stormwater generated, the impacts on the river, and the alternatives for mitigating or reducing stormwater inputs to the river should be examined in an Environmental Impact Statement. As you Page 33 00-0404.txt know, the Buffalo River is also subject to a Remedial Action Plan pursuant to the Great Lakes Water Quality Agreement, under which the state and federal governments are obligated to restore beneficial uses of the river. This underscores the need for careful environmental review of major development proposals that have the potential to obstruct efforts to restore the river's environment. 5. The economic benefits of this development appear to be small. New jobs associated with an expanded records-storage facility will likely be few in number, low skilled, and poorly paid. The building itself is likely to be a cheap and unattractive "big box" warehouse which will not add much to the tax rolls and will further degrade the aesthetics of the area. 6. The impacts on the neighborhood and the transportation network of moving large quantities of records to and from the proposed facility need to be examined. 7. Siting land uses that are not water-dependent along the City's waterways is a poor economic development strategy that fails to capitalize on one of Buffalo's primary future development assets a large supply of waterfront property which can rise substantially in value if developed appropriately. Similarly, building new facilities in a 100-year floodplain area is a poor development strategy. 8. One sketch of the proposed development that we have seen appears to site the structures closer to the river than the 25-foot setback ordinance would allow. The edge of intermittent surface waters such as the Buffalo River is customarily measured from the top of the bank. For these reasons, we believe that the State Environmental Quality Review Act mandates the preparation and public review of an environmental impact statement. Since the applicant is reputed to be a giant multinational corporation with sales of $520 million in 1999, preparation of an EIS should not be a significant financial burden to the applicant. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 68 1990-1994 BUFFALO TEACHERS FEDERATION LAWSUIT SETTLEMENT As you know the Buffalo Board of Education and the Buffalo Teachers Federation have reached an agreement that can once and for all resolve the dispute that has hung, over this District and this city for more than a decade. In conversations we have had with members of the local Western New York delegation during these complicated negotiations, the message from the legislators has been a consistent one: New York State would only entertain a role in financially supporting any resolution once an agreement had been struck between the two parties. As that goal has now been achieved, we are asking for your support. The parties have agreed to a $73 million settlement amount, with the Board funding $28 million out of current and identified resources, and the balance to be financed in the form of the 45 million State loan. Clearly, the Buffalo Public School District is solely liable for the unfortunate set of circumstances regarding its teachers' contract in 1990. The reality is that the consequences have been passed on not only to members of this Board and its current employees, but also to taxpayers of this city, the State. and especially the children of the City of Buffalo. As severe as the consequences of a $73 million settlement might seem, the alternative- a judgement that could eventually approach $200 million almost impossible to comprehend. We do not come to you looking for a handout. Instead, we are asking for an interest-free loan in the amount of $45 million payable over twenty years. We approach you having completed the task that was given us; that is, negotiating a fair and responsible settlement. Through mutual compromise, the parties were able to agree on a Page 34 00-0404.txt settlement where teachers were willing to accept an amount that is more than $ 100 million less than what they had previously maintained was owed. While this obligation rests entirely with the Board of Education and no other entity, the Board has no reasonable means to fully finance this obligation without assistance from the State. Those connected with this agreement concede that this is an unusual and difficult request for the State of New York. Local government assistance is, however, not without precedent in New York. Situations in Nassau County, the City of Troy, the City of Yonkers and the cities affected by the Hurd taxation decision (Buffalo, Rochester. and Yonkers) are just a few examples. Each has had its own unique circumstances and challenges as presented to the State. While weighing your support for this agreement, please consider the State's historical role in this issue. The event at the heart of this dispute is the rejection by the Board in 1990 of a proposed collective bargaining agreement. As you may be aware, a State agency, PERB, ordered the District to execute the contract and a State court subsequently ordered the District to fund it. As important as State support of this agreement is to the second largest city in the State, it is just as crucial that this loan be granted irrespective of any other funds due the School District or the City of Buffalo. Both parties have worked diligently and creatively to structure an agreement that does not impact the classroom. As we work to prepare our students to meet the new State educational standards, we believe that cuts in the classroom would be detrimental to our students. We believe that this agreement succeeds to the highest degree possible in meeting that goal. We regard this obligation as unique and independent and we urge you to hold the position that funding for both the School District and the City of Buffalo be held harmless. As you are well aware, both the City of Buffalo and the Buffalo Public Schools are financially burdened. and both face major challenges which will require significant financial support. Neither entity should be penalized as a result of any loan that is granted to the District in this case. The School District would like nothing more than to resolve this issue and fully concentrate on the reason we are here - education. The new standards are being implemented and the District needs its teachers to be completely focused on the task at hand and not have this cloud hanging over them and the District. In conclusion, and on behalf of the Board Members. teachers, parents and staff and most of all the students, we are requesting that you and your staff work with us to help assist in the settlement of this lawsuit. We eagerly await your feedback on this issue. If there are any actions that you believe we should be immediately attending to, we would appreciate your calling those to our attention. REFERRED TO THE COMMITTEE ON EDUCATION NO. 69 INFO-CLOSING OF BUFFALO’S BRANCH LIBRARIES The Common Council's recent adoption of resolutions concerning the "Accessibility to City of Buffalo Branch Libraries" on February 22nd and regarding "Closing of City of Buffalo Branch Libraries" on March 7th indicates the Council's strong interest in preserving and improving Buffalo's branch libraries. Thank you for your interest in Buffalo's neighborhood libraries. As you know, the Buffalo & Erie County Public Library's Board of Trustees is in the midst of 22 Community Meetings (nine in Buffalo Branches) to obtain public comment on the proposed strategic plan as presented to the Board by Aaron Cohen Associates, Ltd. (ACA). These community meetings follow a yearlong review of the concepts and suggestions included in the ACA document. This review included meeting with political leaders, including Common Council members. In all the community meetings, members of the public have expressed deep commitment to their neighborhood libraries. In some areas, community leaders have described the fragility of the business district Page 35 00-0404.txt and noted problems posed by vacated buildings. Many have suggested retrofitting present facilities as opposed to undertaking new construction. Suggestions range from basic repair of roofs, heating and cooling, and related structural items, to major renovation and expansion of existing branch buildings. Library staff and trustees appreciate the fact that many Council Members have attended meetings in their districts and heard first-hand their constituents' support for libraries. The Library is grateful to the Council Members who have indicated a willingness to identify financial assistance to upgrade the physical conditions of branches in their districts. B&ECPL Board Chair Rebecca Mahoney and I are especially appreciative of the Common Council's commitment to make City branches accessible to persons with disabilities. Recently, several members expressed a desire for more information on needed repairs and improvements for branch libraries serving your constituents. I am happy to provide the enclosed information to assist you. A number of improvements suggested in public meetings require architectural and engineering study to assess their feasibility and cost. These include: •Land acquisition surrounding existing branches (for parking and/or expansion); •Expansion of library floor space in existing branches; •Adding/expanding parking; and •Major interior renovation to update lighting and building layouts. The Library welcomes the opportunity to work with City Officials to identify and study potential improvements. As part of the review and analysis of public comment that will take place this summer, Library staff will prepare a list of suggested improvements by facility, and that information will be shared with you when it is compiled. Equally important, members of the public have strongly supported the need to undertake basic structural repairs and provide Americans with Disabilities Act (ADA) access to all City libraries. Each year the library submits requests for these types of branch-related capital projects to the Public Works Department as part of the City Capital Improvement process. Library facility improvements affecting your constituents are identified by facility in the attached capital project forms, which were submitted in December 1999 for consideration in the 2000-2001 budget. For your information, each item includes the year funding was first requested for the project. These requests emphasize projects to provide ADA accessibility and address structural and safety related issues in branches. As with all capital projects in City-owned library buildings, City Public Works staff provides the necessary design, contracting, and project supervision. The Library will conclude its series of community meetings on May 9th. At that point, the Board of Trustees will begin to reevaluate the physical condition of each library building to determine its long-term sustainability or the need to pursue alternatives. Your firm commitment of financial support should be received by the above date so the Board may integrate that information into its deliberations. When the Board adopts its final strategic plan this fall, that document is expected to include minimum standards for library buildings that ensure the comfort, convenience, safety and access of all users. Each building from which B&ECPL delivers service will be required to conform to those standards. I hope you find this information useful. I would be happy to provide any additional information you may need. Please contact me at 858-7179 if I may be of further service. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 70 INFO-APPTS EXAM MONITOR IV Please file the following item to appear before the Common Page 36 00-0404.txt Council at the April 4, 2000 Council Meeting. This item complements the "Appts.-Exam Monitor IV(Max)(A&F)" (#43 CCP Feb 22, 2000) presently tabled in the Civil Service Committee. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 71 A. COPPOLA-RESIGNATION AS COUNCILMEMBER I am writing to inform you of my resignation the Common Council effective at the end of business today. RECEIVED AND FILED NO. 72 RESPONSE PUBLIC CONSENSUS REVIEW PANEL-SUPERSPAN The Public Consensus Review Panel met this morning at 8 a.m. at D'Youville College and adopted the enclosed Response to the Final Recommendations of the Bi-National Engineering Team and made Final Recommendations upon consensus. I had the pleasure of moving the adoption of this Response and Final Recommendations, which was accepted by all Panel Members without opposition in this, our last Public Meeting. May I thank you for the opportunity to have served as your representative and that of the Common Council. REFERRED TO THE SPECIAL TASK FORCE SUPERSPAN NO. 73 COMMENTS-COMMERCIAL SLIP We have been following the debate about whether to restore the Erie Canal terminus - the Commercial Slip - or rebury it and build a new, metal-lined "replica" boat slip next to it. The Empire State Development Corporation (ESDC) wants to build the "replica" slip and bury the actual Commercial Slip. An archeologist working for ESDC reported that the rocks of the canal uncovered last summer will deteriorate rapidly, and indeed, "blast apart" if exposed to Buffalo winters. According to ESDC, this opinion is supported by a physical geographer and a National Park Service conservator. On the other hand, some groups support the restoration of the actual canal to working condition and have hired a canal engineer who reported that the restoration can be successfully and economically accomplished. However, what is missing in this debate is the opinion of a geologist; someone who, by training and practical experience, knows rocks and their properties. We are Ph.D. geologists and together we have more than 50 years experience studying rocks, their orkins and weathering products. We are concerned that decisions being made on behalf of the community are not based on sound science and must question the proposal that the rocks that line the entrance to the historic Eric Canal terminus cannot survive exposure to our weather. Recently, we examined several blocks of a dark gray rock which originally were part of the wall of the Commercial Slip and were excavated by the archeologists working 15or ESDC. Our conclusion is that these rocks will survive for thousands of years in their present position. The stability of a rock is determined by many factors. In the present context, the minerals present in the rock and the rock porosity being the most Important. Our examination showed that the rock is composed of the minerals calcite, some quartz and a small amount of dolomite. This is sufficient to indicate that the rock is limestone containing small patches of chert (a form of quartz). The rock is the Onondaga Limestone which is approximately 400 million years old. The Onondaga limestone is the rock that lies under large parts of Buffalo and forms a prominent ridge (an escarpment) that can be followed for a long distance toward the east. Locally, the Kensington Expressway, between the Thruway and Scajacquada, cuts through this rock at several points. Before the road Page 37 00-0404.txt construction, this Onanodaga limestone was buried underground and was kept wet by groundwater. The construction has exposed the rock to many years of Buffalo's freeze-thaw cycles. As anyone can see, nothing has happened to this rock in the many decades since the road construction ended, and nothing will happen to the rock for many hundreds, if not thousands, of years into the future. The stability of the rocks along the roadway, which are similar to the rocks that compose the foundations of so many of Buffalo's buildings, shows clearly that the rocks forming the historic Commercial Slip, the end of the original Erie Canal, have been, and will continue to be, resistant to our weather. The integrity of the rock is not a problem. If the rock of the walls of the Commercial Slip is not a problem, and, as has been reported in the News, an engineer with canal experience says that the walls themselves can tie made to serve once again, why rebury the canal? Why wouldn't we want this historic site to be restored and to attract thousands of visitors each year? Ottawa successfully uses its canal to bring people downtown. In New York State, Rochester, Spencerport, and North Tonawanda all have well-attended Canal Days to lure people into the city, and Fairport, New York runs a successful dinner/boat ride business on their Fairport Lady. Why does Buffalo want to bury its resources? REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 74 BROADWAY FILLMORE WORKFORCE DEVELOPMENT PROGRAM The following is in response to your March 17, 2000 request for information regarding the new federal Workforce Investment Act (WIA). As an introduction, I would like to summarize some of the areas on which discussions/negotiations have been focused in the months since the passage of the WIA legislation. The City has spent much time and effort in defining and negotiating a role for the City in the new system. In the Workforce Investment Act only single units of local government of 500,000 or more are guaranteed automatic designation as Delivery Areas. As Buffalo does not meet this population threshold, it is not automatically guaranteed any role in the new system. Last summer, the City initiated discussions with Erie County, the only unit of local government that meets the population threshold, to negotiate a role for the City under the new system. The City had three key issues in these negotiations. First, City residents must receive their fair share of funding from the Workforce Investment Act. Second, at least one full service One-Stop Career Center must be located in Buffalo. Third, the Mayor, along with the County Executive, should be designated a WIA Chief Elected Official. This last point would insure City input in the: development of the local Workforce Plan, appointment of members to the Workforce Investment Board (WIB), and designation of an entity to receive WIA funds on behalf of the two jurisdictions. These negotiations proved to be very complex, crossing over two County administrations. Just last week, the City reached a final understanding with the County on these points. I am pleased to say that all of the City's items have been agreed to thereby insuring a role for the City in this new system. Now that a governance framework has been negotiated, the City, with the County when appropriate, can reach out to the WIA required partner agencies and other interested parties to discuss and develop the details of this new system. The following are responses to the specific items outlined in your March 17 letter: 1. WHAT WILL THE NAME OF THE NEW ORGANIZATION BE? The new organization that will serve as the WIA Grant Recipient, Fiscal and Reporting Agent on behalf of the two jurisdictions will be called the Buffalo and Erie County Workforce Development Consortium, Page 38 00-0404.txt Inc. 2. HOW WILL THE DELIVERY SYSTEM BE STRUCTURED? GOVERNANCE: At the first meeting of the new State Workforce Investment Board on March 27, 2000, Buffalo and Erie County was designated a WIA Service Delivery Area. Once designated, areas are then responsible for appointing local Workforce Investment Boards. As the Chief Elected Officials of this Delivery Area, the Mayor and County Executive are in the process of jointly nominating members to the Board following the guidelines set forth in the legislation. Like PICs, the new WlBs will be private sector led and will be responsible for overseeing the local system. Unlike PICs, WIBS will not be allowed to directly operate programs or provide training. A firewall between oversight and the delivery of services is emphasized. As such, new structures are being developed to insure compliance with this requirement. ONE-STOP CAREER CENTERS: The primary means of providing workforce development services under WIA will be through full service One-Stop Career Centers. Chief Elected Officials, in conjunction with local WIBs, will designate the One-Stop Centers. In addition to the full service Centers, affiliate or limited service sites can also be designated. WIA requires that full service One-Stop Career Centers provide basic services to any job seeker and business interested in information on available jobs, training, financial assistance and job search strategies. Full-service Centers are intended to provide services to all residents of a community and, as such, location in an area that is accessible to all residents is desirable. Many of a Center's core services will be provided through a "self-help" mode with staff available to offer guidance and direction. To facilitate this, Centers should have a large open "retail " space for self-service activities. In addition, One-Stop Center staff will provide additional services such as career counseling and job prep/skill development workshops to those job seekers in need of this assistance. As such, classrooms and computer labs are important. To insure access to individuals who are working but are interested in upgrading their skills/jobs, Centers should have flexible evening and weekend hours. Facilities that operate in a 247 environment are desirable. INDVIDUAL TRAINING ACCOUNTS: One major change under WIA is that skills training will be provided through Individual Training Accounts/Training Vouchers. State and local WIBs are required to establish a List of Eligible Training Providers. Training vouchers can only be used at Training Sites that are on this list. As such, any training provider interested in being designated an eligible provider will need to apply to the local WIB for inclusion on this list. PARTNER AGENCIES: Eighteen agencies are identified in the! legislation as required partners under this new system. Local WlBs are required to enter into separate memoranda of understanding with each of these agencies that detail service coordination and financial agreements. WIA also requires that each of these agencies have a seat on the WIB. PERFORMANCE ACCOUNTIBILITY: The WIA Delivery System will be held accountable through a set of seventeen performance standards that will measure placement, retention, wages and customer satisfaction for the Adult, Youth, and Dislocated Worker grants. A significant change from JTPA to WIA is the expectation that enrollees will be provided with continued and ongoing support, even after being placed into employment. This support is intended to WIA to maximize job retention and lead to self-sufficiency. 3. HAS A BUDGET BEEN PREPARED? WILL IT BE FILED WITH THE COUNCIL? Funding allocations for the Countywide Delivery Area have been received for the year beginning July 1, 2000. Under the existing JTPA system, no sub-County allocations were calculated. However, based on Page 39 00-0404.txt the agreement it negotiated with the County, the City will receive an allocation using the WIA funding formulas (which are based on unemployment and poverty figures). The City is awaiting this allocation breakout from the NYS Department of Labor. Once this is received, a budget covering the costs associated with providing City One-Stop Center services, training vouchers, youth services and training, and the joint City/County administrative and management service costs will be developed. Once completed, this budget will be submitted to the WIB. As is the case under the current JTPA system, federal WIA resources will not pass through the City. As such, such budgets have not been filed with the Council. 4. HOW WILL THIS IMPACT ON CURRENT PROGRAMS? TRAINEES: The WIA legislation includes special provisions to insure a smooth transition of customer services from JTPA to WIA. Any individual enrolled when JTPA ends June 30, 2000 will be continued in the new system and the completion of their individual Career Plan will be assured. TRAINING PROVIDERS: A number of training programs and services are offered through the current system, some contracted to area community agencies and schools and some provided "in-house" through PIC staff. As mentioned earlier, skills training under the new system will be clone using Individual Training Accounts/Training Vouchers. The State Workforce Investment Board and the local WIB are required to establish a List of Eligible Training Providers. Training vouchers can only be used at Training Sites that are on this approved list. As such, any JTPA skills training provider will need to apply to the local WIB for inclusion on this list. In addition to skills training provided at area schools, the current system funds remedial education services and also job training services to older workers on a contract basis. Under WIA, these services can be offered outside the voucher system. Although details are not yet set, it is anticipated that a Request their Proposal process will be followed to continue these services under the new system. Many job preparation, workshop, career assessment/counseling, and follow up services are presently provided "in-house" through PIC by PIC staff. The new WIA emphasizes the provision of these services and requires that basic informational services be provided to any interested job seeker. Although details are not yet set, it is anticipated that these services will be provided and possibly expanded under WIA. To assist PIC staff of the Buffalo Employment and Training Office to prepare for the new system, ongoing staff development sessions have been offered over the last several months. This staff has been provided with an extensive orientation to the new system and has participated in the redesign of the existing delivery system to insure that the Buffalo Employment and Training Office is prepared to provide quality services under the new system. 5. WILL ALL EMPLOYEES OF THE CURRENT PROGRAMS BE HIRED IN THE NEW PROGRAM? As mentioned previously, a budget for the system has not yet been finalized. As such it is not yet possible to determine the number of employees required in the new system. However, as noted previously, the City and County expect that many of the existing PIC staff, by virtue of their years of experience, training, and qualifications will be employed in the new system. Addressing specifically the Buffalo Employment and Training Office, I can state that work has begun to develop job titles and descriptions that reflect the requirements of the new system. When a budget and staffing requirements are completed, job announcements will be posted for consideration by present PIC employees. In summary, I hope this information has addressed the items outlined in your letter of March 17. Please feel free to contact me at 884-7862 Page 40 00-0404.txt should additional information be needed. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 75 DOWNTOWN BUFFALO 2002 NEWS LETTER Filed in the City Clerks Office find a newsletter from the above mentioned organization. Copy of this is on file in the City Clerk's Office. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 76 CITY PROPERTY AT 81 BEATRICE AVE. I PRESENTLY LIVE, AT THE ABOVE ADDRESS OF 85 BEATRICE IN THE CITY OF BUFFALO. THE ABOVE MENTIONED HOUSE AT 81 BEATRICE AVE. HAS BEEN VACANT FOR 4 YEARS. I HAVE MAINTAINED THAT PROPERTY NOTONLY FOR THE PAST 4 YEARS BUT THE ENTIRE TIME MR. LANCE LIVED ONTHE PROPERTY. I HAVE CUT THE LAWNS, SHOVELED THE SNOW AND CLEANED OFF DEBRIS FROM THE PORCH, STEPS AND SIDEWALKS. I HAVE PLANTED FLOWERSAND KEPT BUSHES TRIMMED. THIS HOUSE HAS JUST BEEN BID OUTBY THE CITY FOR DEMOLITION ON MARCH 22ND. THIS HAS BEEN A. WORK IN PROGRESS FOR MORE THAN TWO YEARS AND IT STILL STANDS. ONCE THE HOUSE HAS BEEN DEMOLISHED I WOULD LIKE'TO FENCE THIS PROPERTY OFF AS AN ADJOINING LOT TO MYOWN. I WOULD MAINTAIN THE PROPERTY AND ITWOULD BECOME A CREDIT TO THE NEIGHBORHOOD WE ALL LIVE IN. WE IN THE CITY ALL WORRY ABOUT OUR NEIGHBORHOODS AND OUT PROPERTIES NET WORTH. IF THIS PROPERTY WERE TO BECOME MINE IT WOULD BE ONE LESS WORRY WE WOULD ALL HAVE ABOUT THE UP KEEP OF OUR NEIGHBORHOOD. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL NO. 77 DESIGNATE REPRSENTATIVE FOR CENTRAL BOOKING MTGS Erie County Holding Center Superintendent H. McCarthy Gipson has been designated to represent the Erie County Sheriffs Office on any committee or any discussions regarding an Erie County takeover of Buffalo Police Department Booking Operations. Superintendent Gipson shall be present at the Special Committee on Police Reorganization Meeting on Wednesday, March 29, 2000 at 2:00 p.m. If you have any questions, please do not hesitate to contact me. RECEIVED AND FILED NO. 78 J- GARDELLA COMMENTS-HICKORY WOODS Attached please find a statement from the above mentioned person concerning is environmental/developmental Problems On Hickory Woods. This is on file in the City Clerk's Office. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 79 CONCERNS-2950 BAILEY AVE. Please file this letter with the Common Council regarding the former Buffalo Police Station at 2950 Bailey Avenue, where the City of Buffalo is paying rent for use of a "Fire Station," (on the side of 2950 Bailey Page 41 00-0404.txt Avenue) to a private individual. REFERRED TO THE COMMITTEE ON LEGISIATION, THE CORPORATION COUNSEL. THE COMMISSIONER OF COMMUNITY DEVELOPMENT, AN THE BOARD OF ETHICS NO. 80 BLOCK GRANT REQUEST FRIENDS OF THE BUFFALO RIVER Attached Please find a block grant request from the Friends Of the Buffalo River- COPY of this is On file in the City Clerk's office. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 81 FINANCIAL ASSISTANCE REQUEST-WOMEN FOR UPTOWN BUFFALO Attached please find a request from Women for Uptown Buffalo. Copy of this is on file in the City Clerk's Office. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 82 ENHANCE BFLO’S CONVENTION/TOURISM ECONOMY It seems every month I read a success story about a U.S. city that has transformed itself through an aggressive plan to expand or build new convention space. Attached hereto is a recent article from the Hotel Journal trade publication highlighting San Antonio. If you have ever been to San Antonio, you know it is not a remarkable city. However, what is remark-able is the economic payoff they have received due to the aggressive strategy they have employed to enhance their convention and tourism economy. I have visited San Antonio for conventions each of the last three years and have personally witnessed the activity referenced in this article. They have done some incredible things with a meandering river that runs through the city center and the Alamo. When one compares Buffalo's natural resources, cultural venues and history to San Antonio, we come out way ahead. The recently announced study by the Business Backs the Convention Center Committee shows a higher price tag, than original estimates, to complete the new convention center and the supporting infrastructure in Downtown Buffalo. The study also shows a significantly enhanced economic benefit that can be gained with a new convention center. I know the question has been, "can we afford to build it?". When you read articles like this about San Antonio, the question should be rephrased, "can we afford not to?" It's been over three years since the Convention and Visitors Bureau spearheaded the new Downtown Buffalo convention center initiative. The volunteer efforts of many people knowledgeable in the hospitality 'industry, accompanied by the talent of reputable professionals in various areas of expertise, are being wasted while this project sits on the back bumer. There is a place in the Hotel Journal for an expose on Buffalo's convention and tourism renaissance. However, we will never get the headlines if we don't quickly put our project in overdrive. I urge you to support this project and give it the attention necessary to start it and complete it in a timely manner. REFERRED TO THE TASK-FORCE ON STADIUM AND AUDITORIUM NO. 83 CHARLES L. KORB SR. REQUEST WALLET SIZE BIRTH CERTIFICATES Attached please find a request from Mr. Charles L.Korb Sr. asking that the City of Buffalo look into having wallet size birth certificates. Page 42 00-0404.txt RECEIVED AND FILED NO. 84 OPPOSE PLACEMENT DAY CARE CTR HENNEPIN PARK I represent the Iron Island Preservation Society of Lovejoy, Inc. (IIPSL), 138 Benzinger, Buffalo, New York 14206. Please place this letter with exhibits before the next meeting of the full Common Council scheduled for April 4, 2000. IIPSL would like to go on record as supporting the renovation of the existing 24,700 square feet of the Hennepin Park Community Center. IIPSL is, however, opposed to the placement of a day care center at this facility. IIPSL firmly believes that the Hennepin Park Community Center merely needs to be renovated. There is no need to add and/or demolish any portion of this structure. IIPSL is interested in learning how any renovation of the Hennepin Park Community Center will be funded since the New York State Division of Budget has indicated that " . . . no funds have been allocated specifically for the Hennepin Park project . . ." See Exhibit A. Further, how can any work proceed on the Hennepin Park project in light of the fact that the agreement between NYS Office of Family and Children Services, NYS Attorney General, NYS Comptroller and NYS Office of General Services concerning this project expired on March 17, 1998 and no written renewal or extension of said agreement exists? See Exhibit B. The undersigned, as well as representatives from IIPSL, are available to answer any questions you may have concerning this matter. REFERRED TO THE SPECIAL COMMITTEE ON HENNEPIN PARK NO. 85 HAZ SITE 858 E FERRY ST The Department of Environmental Conservation (DEC) maintains a Registry of sites where hazardous waste disposal has occurred. Property located at858 East Ferry Street in the City of Buffalo and County of Erie and designated as Tax Map Number 101.29-01-012 was recently added as a Class 2 in the Registry. The name and site I.D. number of this property as listed in the Registry is 858 East Ferry Street, Site #915175. The Classification Code 2 means that the site poses a significant threat to the public health or environment -- action required. We are sending this letter to you and others who own property near the site listed above, as well as the county and town clerks. We are notifying you about these activities at this site because we believe it is important to keep you informed. If you currently are renting or leasing your property to someone else, please share this information with them. If you no longer own the property to which this letter was sent, please provide this information to the new owner and provide this office with the name and address of the new owner so that we can correct our records. The reason for this recent classification decision is as follows: Access to the site is uncontrolled. In a small portion of the site, Polychlorinated Biphenyls (PCB) hazardous waste lies exposed on the surface. Individuals have been observed onsite, digging through a gray ash buried near the surface, looking for antique bottles. This gray colored ash is located near and co-mingled with, a white colored ash which is a Toxicity Characteristic Leaching Procedure (TCLP) (lead) hazardous waste. The hazardous wastes lie over the tunneled, Scajaquada Creek. If you have questions, need additional information, or have information which you believe would be useful to us, please call the Department of Environmental Conservation's toll-free number: 1(800)342-9296. The Department of Health maintains a Health Liaison Program (HeLP) toll-free number: 1(800)458-1158 Ext. 6402. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, AND THE ENVIRONMENTAL MANAGEMENT Page 43 00-0404.txt COMMISSION, AND THE CORPORATION COUNSEL NO. 86 NYSDEC REGISTRY OF SITES-HAZARDOUS WASTE DISPOSAL The Department of Environmental Conservation (DEC) maintains a Registry of sites where hazardous waste disposal has occurred. Property located at 1382 Niagara Street in the City of Buffalo and County of Erie and designated as Tax Map Numbers 88.81-1-4 and 88.81-1-5 was recently added as a Class 2 in the Registry. The name and site I.D. number of this property as listed in the Registry is ChemCore, Inc., Site #915176. The Classification Code 2 means that the site poses a significant threat to the public health or environment -- action required. We are sending this letter to you and others who own property near the site listed above, as well as the county and town clerks. We are notifying you about these activities at this site because we believe it is important to keep you informed. If you currently are renting or leasing your property to someone else, please share this information with them. If you no longer own the property to which this letter was sent, please provide this information to the new owner and provide this office with the name and address of the new owner so that we can correct our records. The reason for this recent classification decision is as follows: The ChemCore site contains hazardous waste in the soils directly beneath the facility in both the soils and the groundwater. Consequential amounts of contaminants still remain in the soils that continue to be a source of contamination to the groundwater. Groundwater at the site is hydraulically connected to the BlackRock Channel which is part of the Niagara River which has been designated, Class "A" - special waters. If you have questions, need additional information, or have information which you believe would be useful to us, please call the Department of Environmental Conservation's toll-free number: 1(800)342-9296. The Department of Health maintains a Health Liaison Program (HELP) toll-free number: 1(800)458-1158 Ext. 6402. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE ENVIRONMENTAL MANAGEMENT COMMISSION AND THE CORPORATION COUNSEL NO. 87 MAY KEEP FAIRFIELD LIBRARY OPEN Per your request, enclosed please find a building condition assessment of Human Services, Parks and Recreation Community Centers. This assessment is a non-technical survey based on staff usage. All city buildings, as you know, fall under the auspices of the Dept. of Public Works who provide the technical analysis of building conditions, if needed. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 88 B. MILLER-WILLIAMS 24 HR USE OF VITY VEHICLES STREETS DEPT The article in the NEWS referring to the meeting of the Civil Service Committee was very interesting. The article on the right is for your information. The Police Department is not alone in the 24 hour use of city-owned vehicles. The Streets Dept. has two (2) Superintendents. one lives in Grand Island, while the other lives in Cheektowaga. Bad enough that the city pays for the gasolone and they take the cars home and use them for personal business. But we also pay for the bridge tolls for the one that lives in Grand Island. Now that's putting a Page 44 00-0404.txt little salt in the wound. There is absolutely no reason for these, and other city employees to take city-owned cars home. They can drive to their respective jobs, and at that point use a city-owned vehicle to carry out their duties. Court says yes to residence requirement The U.S. Supreme Court has ruled that cities may require that city employees and the employees of city contractors live in the city. In delivering the majority opinion, Justice William Rehnquist wrote that hiring preferences or residency requirements do not violate the Constitution, and that state and local governments are not obligated to hire non-residents as well as residents. The question of residency requirements has come up before - in regards to police and fire departments, for example. But the extension of residency requirements to city contractors is a new wrinkle. The ruling was made in response to a suit filed in Boston. The Massachusetts Supreme Court had ruled that a Boston requirement - that 50 percent of the work on any construction project involving city funds be done by city residents - violated constitutional prohibitions of interference in interstate commerce. But the U.S. Supreme Court overturned the state court ruling. Rehnquist wrote that the Constitution's commerce clause does not apply to a city when the city is an employer in the labor market. In that case, he argued, the city does not have to consider the impact on nonresidents of any conditions it sets. Although the construction workers involved were not directly employed by the city, he said, everyone affected by the case was "in a substantial if informal sense, working for the city." In a dissenting opinion, Justice Harry Blackmun wrote that the Boston re- quirement "directly restricts the ability of private employers to hire non-residents, and thereby curtails non-residents' access to jobs...." REFERRED TO THE COMMITTEE ON BUDGET NO. 89 NYPIRG THE DECEPTIVE DOUBLE DIP Attached please find a communication from NYPIRG concerning their opposition to bank fees charged at ATM Machines. Copy of this is on file in the City Clerk's Office. REFERRED TO THE COMMITTTE ON FINANCE AND THE CORPORATION COUNSEL NO. 90 STATE OF NEW YORK DEPARTMENT OF HEALTH ABBY STREET/ HICKORY WOODS SUBDIVISION Dear Councilman Pitts: This letter is an update regarding the progress being made with the Abby Street neighborhood. It demonstrates New York State Department of Health's commitment to providing assistance in the assessment of environmental health exposures associated with brownfield space. The United States Environmental Protection Agency (US EPA) will undertake an environmental investigation in the Hickory Woods Subdivision and the New York State Department of Health (NYS DOH) will conduct an exposure survey for Hickory Woods Subdivision residents. The federal Agency for Toxic Substances and Disease Registry (ATSDR) will review all activities and provide guidance throughout. The US EPA is in the process of developing the environmental investigation workplan with input from the public, the NYS DOH and the ATSDR. The US EPA, NYS DOH and ATSDR met with residents on December 6, 1999 and January 13, 2000 to hear concerns and discuss past and the upcoming environmental investigations. The US EPA will provide the community an opportunity to review the draft investigation Page 45 00-0404.txt workplan before it is finalized. The NYS DOH and ATSDR are working with the US EPA to draft a comprehensive environmental sampling plan, which will maximize the usefulness for the data for evaluating environmental and public health implications. We understand the residents' desire for the sampling to begin as soon as possible; however, the US EPA needs adequate time to develop a comprehensive plan which accounts for historical information and input from the NYS DOH, ATSDR and Hickory Woods residents. For more information about the US EPA's environmental investigation plan and timing, please contact Mr. Richard Salkie of the Region 2 US EPA. The NYS DOH is preparing to conduct an exposure survey of residents of the Hickory Woods subdivision. The exposure survey will help us learn about Hickory Woods residents' activities that may have led to the exposures and will, with the environmental data, give us guidance about what, if any, further health investigations are warranted. Input was gathered through the public meetings on December 16, 1999 and January 13, 2000 and through personal telephone and correspondence contacts with NYS DOH staff. We plan to make the draft survey available to residents for review the week of March 13, 2000. Once comments are incorporated, we will begin interviewing residents. NYS DOH and ATSDR staff will review the data from the US EPA's environmental sampling program when it is available. The NYS DOH and ATSDR will evaluate the public health implications and make recommendations for further actions, if needed. The evaluation and recommendations will be documented in a health consultation, which NYS DOH will prepare under our cooperative agreement with ATSDR. Once we receive the data from the US EPA, the data evaluation and completion of the health consultation will require several months. In closing, please note that the situation at the Hickory Woods Subdivision is a consequence of past inadequate site assessment and planning on the part of the City of Buffalo. As President and member of the Buffalo Common Council, you are aware that we have been involved in several areas of the City of Buffalo where brownfields were developed for housing and other non-industrial activities. However, it was usually after the work was well underway or completed that the State had any knowledge of the activity. The Department's responsibility with these cases is to help with assessment and resolution in a manner that protects public health and safety. When the City recognized the problem they faced with the Hickory Woods Subdivision, we provided advice to them and subsequently to the US EPA, in cooperation with the ATSDR. We also made it a point to be available to the community to help them understand the nature of the environmental health exposures and identification of solutions that protect the public health and are equitable to affected parties. However, the City must accept its responsibility for these sites. Thank you for your interest in our work in the Hickory Woods Subdivision in the City of Buffalo. Please feel free to contact me at 716-847-4302 if you have any further questions. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 91 INCREASES IN WATER RATES Upon reading, the article in the Buffalo News, Saturday- March 25. 2000 - the Buffalo Sewer Authority is hiking, the rates by 9% (percent) in city homes, where water meters are installed and 3%(percent) when the flat rate is still in effect. As a result of this mandatory meterization, this brings an increase to a single home from $150.00 to $165.00 annually . When they were planning this change, they didn't take in consideration that they would be losing $55.00 per houshold in sewer revenues. Mr. Pitts, we as senior citizens are on a fixed income and are suffering from these changes. We didn't want them in the first place. What is it going to cost us now to wash down our homes, water our lawns, wash Page 46 00-0404.txt our driveways and what we use on a regular basis? What it costs some of us to prepare for this installation such as fixing basements with paneling Can we request keeping our flat rate? What will be the outcome, if we refuse to change? Also, we know that the water rates will be going up because of the claim of losing money through various other factions. Mr. Pitts, what other resource do we have to relieve us of the increase some of us (seniors) will have both ways (county & city). Please help us anyway that you can. According to the news article, the city is still linked up with them (county) in departments & services in a number of areas and pay the city $3 million dollars a year for billing to Auditing of the fiscal proposals. Mr. Pitts, I know you are a man that understands and becomes very concerned when the citizens of Buffalo are under pressure of this kind. Please do everything possible to resolve it. I was going to talk to Tony but, I chosed to talk to you. We have worked together before. I pray and hope that something can be done to change this around. They chosed to assume the cost, because they knew they were going to increase the cost. Jim, Thank you in advance for all your concern and kindness shown to the senior citizens. Should I sent a copy of this letter to Al Coppola, running for the senate? He ran on the basis of looking out for the seniors.(smile) Always your friend, hoping to hear something favorable soon. May God continue to bless you and your family always. REFERRED TO THE COMMITTEE ON FINANCE THE CORPORATION COUNSEL, THE BUFFALO SEWER AUTHORITY AND THE BUFFALO WATER BOARD NO. 92 CONCERNS PROJECT LEE Pursuant to our conversation of several days ago and in response to your kind invitation, I am writing to express my concern about a program in the city school district. According to an article in The Buffalo News ("Leading Boys Away From a Life of Crime," March 11), Buffalo School 57 invited an organization called Project LEE, run by Rev. Eugene and Rev. Terrianne Coplin, to address an assembly of male pupils, age 9-12, with anti-crime and anti-drug use message. The Coplins are reportedly affiliated with The Bethesda Full Gospel Church in the city. Using the News report as a basis for my evaluation, I think there may well be reason to be worried about the content, the tone and the language employed, and the program's conformance with constitutional and legal guidelines. Darryl Campagna, the News education reporter, wrote that the program "... also had a strong evangelical Christian theme, with several speakers proclaiming Christ as their savior and crediting faith with saving their lives." Ms. Campagna's report quotes the school's principal, Catherine Benjamin, to the effect that no "boundaries" were crossed because there wasn't "any particular belief' advocated. The report would seem to factually call this opinion into question. I am inclined to think the question of "boundaries," in particular those commonly designated as Church and State, is more seriously involved here. The principal is also quoted as saying she conducts daily "voluntary" prayer sessions in her office for school staff. I think it's worth considering whether "voluntary" is a somewhat circumscribed concept when it's enunciated in connection with an activity organized and led by "the boss." What substantial difference is there between this activity and the"voluntary" prayers in schools frowned upon by various courts of law? Is it a good idea, anyway, for a principal to be inviting her staff to pray with her even if "Christianity is not pushed"? (Is it nevertheless nudged a little?) Page 47 00-0404.txt And I have some concern about another aspect of the program's content. Speakers told the children that among the reasons prison time was to be avoided was the fate that awaited young offenders: "If you don't fight for your life, they will make you into a woman," said the Rev. Edward Torres. Rev. Torres evidently elucidated what he meant in explicit terms, thereby adding another dimension to the inappropriateness of the proceedings, as well as offering offense to a significant proportion of the community, not all of them gay males. The potential actual seriousness of the matter is indicated by the reported involvement in the assembly of Rosalie Wiggle, a district administrator and the assertion by Eugene Coplin this kind of effort will be continuing in the school. This report should raise considerable concern about the knowledge among school and district administrators as to their legitimate responsibilities to what is, after all, a virtually captive audience, as well as to the community. And, not unimportantly, it calls into question their understanding of the limits of their responsibilities and their authority. I am afraid it may also raise questions about their common sense. I hope your committee will undertake to examine these activities and the dubious decisions that made them possible. Thank you for your patience and consideration. REFERRED TO THE COMMITTEE ON EDUCATION AND THE SUPERINTENTENT OFTHE BOARD OF EDUCATION AND THE CORPORATION COUNSEL NO. 93 REQUEST CAPITAL BUDGET Since I met with the Citizens Advisory Committee on February 16, a number of situations have arisen that require my asking to change the Historical Society's request for inclusion in the City's next capital budget. First, we have had repeated serious problems with the electrical distribution system. The city's electrical engineer and the city architect have investigated the situation, and the city architect estimates that it will cost $100,000 to correct. Second, we received notification dated March 10 that the City, on our behalf', has been awarded a $350,000 New York State Environmental Protection Fund grant that will require a match. 1, therefore, respectfully request that an additional $450,000 be included in the next capital budget for the Buffalo & Eric County Historical Society. The electrical distribution system is older than we can document. We have documented a series of severe power surges that in recent months have destroyed a computer mother board in Our library, and the control panel of our new heating system. In addition to the expense that this creates, there is also the potential of danger from fire if the system is not modernized. The Environmental Protection Fund grant is for repairs to the portico steps overlooking Hoyt Lake. Some of the money previously appropriated for the match has been used for emergency roof repairs, and without the match, we are in danger of losing the grant. While the Historical Society recently announced that almost $1,000,000 in special project money had been raised toward Pan American Exposition Centennial projects, this money has been donor restricted and is not available for the electrical system repairs or for the EPF match. Moreover, even if the City awards the $450,000 requested here, the 111storical Society will still need to raise an additional $500,000 to complete the capital program that includes repairs to the foundation, portico steps, terrace walls, and drainage system that we have talked about so often. We propose to raise this from state, federal, and private sources. City money, therefore, will leverage and match funds from several Sources. I enclose copies of the monitoring of the electrical system, and cost estimates for the structural repairs for your use. I apologize for this eleventh hour submission. Had I been aware of the problems and opportunities when I originally prepared our capital funding request, I Page 48 00-0404.txt would certainly have included this request in December. REFERRED TO THE COMMITTEE ON BUDGET NO. 94 LAKE FRONT RECYCLING INC. PREPAID ORGANIC DROP OFF CTR 620 TIFT Lake Front Recycling Inc. (LFR) in the near future will be proposing to the City of Buffalo common council to open an organic drop off center located at 620 Tifft Street (end of Germania). This site will allow city residents to drop off any acceptable clean waste wood (i.e. pallets, crates, trees, logs and limbs), leaves and grass clippings. LFR will collect, stockpile, process and distribute the finished product for landscaping, farming, planting and the making of Medium Density Fiberboard. This will be a giant step in "Cleaning up the City". This site is fully DEC certified and we would like to proceed with City of Buffalo Common Councils approval for the distribution of our product to be located on this property. The material will be no larger than 5000 sq ft in width and no higher than 20 ft in height. LFR will abide by all the DEC regulations under part 360-16 of the DEC regulations on which LFR is fully certified. Last year LFR recycled approximately 3000 tons of material for the City of Buffalo that otherwise would have been designated for a landfill. LFR has recycled 100% of material and distributed it on the market as useful products. LFR saved city taxpayers approximately $42,000.00, disposal costs in 1999. In the year 1-000 LFR is expected to recycle up to ten thousand tons of the cities waste wood and leaves and will save the city over $140,000.00 in disposal costs. In the future, LFR could help save taxpayers of Buffalo a substantial amount of money in disposal and transportation costs. With the opening of this facility, LFR will be creating up to 50 new jobs either directly on sight or indirectly through distribution from the City of Buffalo. In addition, LFR has a contract with CanFibre Inc., which is building a $134 million dollar facility in the Lackawanna South Park redevelopment zone, and will be employing up to 100 local positions REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 95 COMMENTS DALLAS ZOLLARS BLOCK CLUB As you know, we have been asked to appear at the Legislative Committee on Tuesday, March 28, 2000 to discuss the complaints from the neighborhood regarding various issues concerning the current project underway at our South Park Ave. location. We have attached two pieces of correspondence from Sorrento, which hopefully will help you better understand the situation. The first is a letter addressed to Councilmember Mary Martino regarding our response to a Block Club meeting we attended together on February 15, 2000. The second letter responds to a complaint received by Sorrento, March 10, 2000 from the City of Buffalo, Department of Inspections. While the letters explain the position of Sorrento to this situation, we wanted to clarify more specifically one of the issues on the petition. That issue being the whole idea of opening up Dallas to Zollars. This issue was clearly the most emotional one, based on the neighbors' reaction at the Block Club meeting. This issue, we feel, generated most of the signatures on the petition, when we actually do not have any intention whatsoever of pursuing it. It was only one option, which came about for the following reasons: Sorrento was considering the possibility of petitioning the City to allow us -to close Leland Drive to through traffic. We discussed this with the City Engineering Department late last year. We were told at that time because the distance between Leland and the next through street (Abby St.) was greater than 500 feet that we would have to construct a Page 49 00-0404.txt "turnabout" for emergency vehicles. The other option was to explore the possibility of "opening up" Dallas to Zollars. Mr. Macri's family owns the property that would have to be purchased by the City to "open up" the street. We discussed with Mr. Macri this possibility in December 1999. At that time he told us that they would not be interested in selling. At that point Sorrento abandoned the whole idea and began to pursue other options, including the "turnabout". We confirmed that we were not going to pursue this option at the February 15 th Block Club meeting. Why this is still an issue we have no idea. We have since committed to purchase the properties at 1,3 &5 Zollars to further insulate us from the neighborhood and to provide the additional land for the "turnabout" should we want to pursue this option. As the letter states this situation of these trailers running is temporary. We have committed to have a consulting engineering firm provide recommendations to create the necessary barriers to comply with the noise ordinances in place, if in fact we are in violation. This firm is Angevine Acoustical Consultants, Inc.; they have significant experience in similar situations with both Tops and Wegmans. They will be on-site within a two-week period to begin their study. As we have demonstrated through our actions Sorrento is committed to being as good a neighbor as possible. We understand this situation is frustrating but we feel it will be only temporary. We just ask for everyone's indulgence for a bit more time. This was the feeling we got after the Block Club meeting. We really thought the idea of giving us more time was agreed to by everyone involved. That is why Mr. Macri's letter to the Mayor surprises us. As you know Sorrento has been in the City of Buffalo for over 50 years. We have always cared very much about the impact of our growth on its neighbors. The new expansion that we are making does reiterate our commitment to the city and our philosophy to be a good corporate citizen is the same. We look forward to the meeting tomorrow and the opportunity to answer any additional questions you might have. REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO. 96 M. ULRICH, AGENT, USE 10 HASTINGS FOR ILLUMINATED POLE SIGN (HRG. 4/11) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUINTITY DEVELOPMENT. NO. 97 P. GELLMAN, OWNER, USE 20 BUFFALO RIVER FOR RE ESTABLISHING USE AS AN ANIMAL FEED MANUFACTURER (HRG. 4/11) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 98 D. WATTS, AGENT, USE 2145 DELAWARE AVENUE FOR AN ILLUMINATED GROUND SIGN. (HRG. 4/11) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 99 Page 50 00-0404.txt D. WATTS, AGENT, USE 289 W. FERRY FOR A POLE SIGN. (HRG. 4/11) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 100 OPPOSE RERPUTING TRAFFIC WEST NORTHRUP & WEST WINSPEAR Please file these petitions with the Common Council regarding the proposed rerouting of traffic at West Northrup and West Winspear Avenues. Please note that residents of "The West Main Block Club," are in full opposition of this proposed change. REFERRED TO THE COMMITTIEE ON LEGISLATION THE CORPORATION COUNSEL, AND THE COMMISSIONER OF PUBLIC WORKS NO. 101 P. FREEMAN & O SUPPORT CITY HS FOOTBALL TEAMS IN SECTION 6 PLAYOFFS Enclosed you will find many signatures from people that would like to see city high school football teams participate in sectional football play. Please forward these to the Board of Education, and there are more forthcoming. REFERRED TO THE COMMITTEE ON EDUCATION AND THE SUPERINTENTENT OF THE-BOARD OF EDUCATION NO. 102 A. SCOMA & O SUPPORT TOPS EXPANSION ON NIAGARA STREET Councilmember Barbara Miller-Williams, As members of the West Side Community, we have waited long and worked hard to see improvement in our neighborhood. Many of us have attended meetings relating to the expansion and improvement of Tops Market on Niagara Street. This is the only market that is easy access to the community and also used to generate income to the community by attracting our Canadian neighbors who now go to other, improved markets. We feel that it is time to move on the plans for expansion. We have been patient and have remained in the community awaiting better times. The time is now. Please accept our petition as a show of support from the community and as a reminder that we need to see results. RECEIVED AND FILED REGULAR COMMITTEES CLAIMS COMMITTEE (BETTY JEAN GRANT, CHAIRPERSON) NO. 103 CLAIMS COMMITTEE REPORT COMPROMISE AND SETTLEMENT OF ACTIONS FOR PERSONAL INJURY That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled: 1. Mary & Lorenzo Garlington AND$2,500,00 Pearlie Brooks$2,500.00 2.Kenneth Lambert$11,000.00 Ralph Lambert$7,500.00 Amanda Lambert$5,000,00 3.Linda Maggio$3,000.00 4.Simone Ragland$12,000.00 5.Allen J. Stirling$ 8,500.00 Page 51 00-0404.txt That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, here in above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Recommended by the Committee on Claims PASSED AYES -11 NOES - 0 NO. 104 PROPERTY DAMAGE That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: BI . LaTanya Banks, 156 Claremont, 14222 Claim for payment of half the cost of replacement of a two year old Sentura 8000LX shorthand machine which was damaged in City Hall in November 1999. Ms. Banks, an employee of the Board of Education was instructed to store her machine in the "pipe chase" room on the seventh floor. There was a leak on the twelfth floor and the water travelled down through the floors and damaged her machine. $ 1,997.50 B2. Hiriam Bolden, 98 St. Joseph #3, 14211 Claim for a 1987 Ford Taurus that was auctioned by the City on 12-22-99. The owner was not notified because of an error made in entering the VIN number in the computer. $ 475.00 B3. Sharon A. Coughlin, 51 Payne Avenue, 14220 Claim for a tire which was destroyed on 12-17-99 at 51 Payne Avenue. A piece of metal was protruding from the curb which sliced the tire. The City had previous complaints regarding the curbs on Payne Avenue. $ 78.71 B4. James Giardina, 341 Willowgreen Drive, Amherst New York 14228 Claim for a pair of eyeglasses which were broken while in the line of duty in the Police Department. $ 95.00 B5. Jenniea Hale, 705 Northampton Street, 14211 Claim for damage to a fence and front steps at 705 Northampton. A dead limb from a City owned tree fell causing the damage. The City had previously been notified of a hazardous condition. $ 898.35 B6. Orlando Martinez, 243 Lairds, 14207 Claim for expenses incurred as a result of a vehicle being impoundede by the City. During the process of impoundment the keys to the vehicle were lost. impounded by the $ 85,00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES -11 NOES - 0 NO. 105 PROPERTY DAMAGE B7. Wilbert Morre, 57 Peace Street, 14211 This is a claim for ($4,100) which was taken from claimant during the execution of a search warrant on 1-30-99 at 57 Peace Street. Because the Police did not confiscate enough drugs or drug drug paraphernalia, the person in this matter was not prosecuted. The claimant is entitled to be reimbursed the money because it had already been Page 52 00-0404.txt transferred/deposited in the general fund account Mrs. Grant moved that the above item be recommitted to the Committee on Claims. ADOPTED NO. 106 PROPERTY DAMAGE That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B8.. L.C. Nelson, 184 Lemon Street, 14204 Claim for damage to a 1985 Pontiac at 184 Lemon Street. A large limb from a City owned tree fell on the vehicle causing the damage. The City had constructive notice of a possible hazard at this location two years previous.$ 300.00 B9. Amelia Sims, 715 Sycamore Street, 14212 Claim for damage at 715 Sycamore as the result of a City crew demolishing the adjacent building at 711 Sycamore. During the demolition and cleanup, a piece of siding was torn down,part of a step was chipped and it appears that the fence was pushed in.$ 750.00 B 10.John Toledo, 1198 West Avenue, 14213 Claim for a broken windshield of a 1989 Chevrolet Astro due to a City owned tree falling on the vehicle at 1198 West Avenue. The City had previous notification of a hazardous condition regarding this tree.$152.44 B 11.Rocky's Used Cars, Inc., 3438 Walden Avenue, Depew NewYork 14043 Claim for a loss sustained by Rocky's Used Cars, Inc. as a result of a 1992 Pontiac Grand Am vehicle being auctioned by the City. Due to a computer glitch, the lien holder, Rocky's, was not notified of the impending sale.$ 2,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES -11 NOES - 0 NO. 107 MISCELLANEOUS REFUND/REIMBURSEMENT That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: C1. Gail Pascall, 278 North Park, 14216 Claim for a refund of a towing fee. The vehicle was stolen and was involved in a shooting. It was impounded on 1-23-00 and released on 2-10-00. Claimant had to pay ($82) to get the vehicle released from the impound garage. The claimant is deaf She was informed and she could apply for a refund as a victim of a crime. These refunds have been given to other claimants. $ 82.00 C2. Alan Swidorski, 69 Hamilton Street, 14207 Claim for reimbursement of money spent by claimant with regard to a 1985 Jeep Suburban which claimant bought at the city auction. When Mr. Swidorski took the vehicle to the New York State Inspection Station, it was discovered that the vehicle had a switched VIN number and was previously reported stolen, The State then took the vehicle from Mr. Swidorski. $ 1,200.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them Page 53 00-0404.txt upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED AYES -11 NOES - 0 NO. 108 MISCELLANEOUS INVOICES That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: D 1.ABG Associates, Inc. Claim for payment of prior fiscal year Invoices #5549 and #5550 for services rendered to the Department of Public Works for the month of May and June 1999 for the placement of emergency barricades at various locations throughout the City.$ 2,550.40 * 2. Corporation of the City of Windsor, Corporate ServicesDepartment P.O. Box 1607, Windsor, Ontario N9A 6S I Claim for payment of prior fiscal year Invoice #80855 for services rendered to the Police Department for travel expenses related to having their representative come to Buffalo for a presentation to the Police regarding Casino Gambling.$ 187.68 *3. Daemon & Morey, Attorneys at Law Claim for payment of a prior fiscal year invoice for services rendered to the Department of Law for legal services rendered for General Labor matters from April 1998 through March 1999. The total invoice for these services was ($7,063.50). When submitting the invoice for payment, due to an error only a portion of this amount ($6,240.71) was submitted and approved at the October 19, 1999 Common Council meeting and subsequently paid to claimants. There remains a balance of ($822.79) on this invoice that should to be paid.$ 822.79 *4, Duncan Industries Claim for payment of prior fiscal year Invoice #POO 1730-0 for services rendered to the Division of Treasury on 8-8-97.$ 160.55 *5. Fire Safety Systems Claim for payment of prior fiscal year Invoice #016484 for services rendered to the Police Department on 6-2-99 for fire alarm system keys, trouble check on the fire alarm control panel and replacement of smoke detector in Room 203 at the East District Police Station, 2767 Bailey Avenue.$ 149.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED AYES -11 NOES - 0 NO. 109 REPORT TO THE CLAIMS COMMITTEE That, upon the recommendation of the Common Council Claims Committee, the followng claim be paid: EIWilliam Vivian, 147 Whitfield Avenue, 14220 Claim for replacement of a kellight rechargeable flashlight which was stolen on 11 -28-99. Mr. Vivian, an employee of the City Animal Shelter, was attacked by a pit bull at 40 Hawley Street. In order to protect himself and another individual, he put the flashlight down to use his snare pole. Upon capturing the dog and loading him into the truck, he noticed that someone had stolen his flashlight. $149.95 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them Page 54 00-0404.txt upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED AYES -11 NOES - 0 Civil Service (Barbara A. Miller-Williams, Chairperson) NO. 110 Appointment Sr. Adm. Asst. (Max) (A&F) (Item No. 44-C.C.P. Feb. 22, 2000) That Communication 44, Feb. 22, 2000 be received and filed and the provisional appointment of Debbie A. Renzoni stated above at the maximum salary of $42,337 effective on January 31, 2000 is hereby approved. PASSED AYES-11, NOES-0 NO. 11 Appointment Computer Shift Supr. (Inter) (Compt) (Item No. 15-C.C.P. Mar. 21, 2000) That Communication 15, Mar. 21, 2000 be received and filed and the provisional appointment of Thomas Degennaro stated above at the intermediate salary of $36,745 effective on March 20, 2000 is hereby approved. PASSED AYES-11, NOES-0 NO. 112 Appointment Principal Accountant (Inter) (Compt) (Item No. 16 C.C.P. Mar. 21, 2000) That Communication 16, Mar. 21, 2000 be received and filed and the temporary appointment of Margaret T. Burke stated above at the intermediate salary of $47,890 effective on March 16, 2000 is hereby approved. PASSED AYES-11, NOES-0 NO. 113 Appointment Sr. Data Proc. Equip. Op. (Inter) (Compt) (Item No. 17-C.C.P. Mar. 21, 2000) That Communication 17, Mar. 21, 2000 be received and filed and the permanent appointment of Bonnie Butler stated above at the intermediate salary of $31,330 effective on March 6, 2000 is hereby approved. PASSED AYES-11, NOES-0 NO. 114 Appointment Asst. Corp. Counsel II (Max) (Pol) (Item No. 43-C.C.P. Mar. 21, 2000) That Communication 43, Mar. 21, 2000 be received and filed and the permanent, noncompetitive appointment of Susan P. Wleatley stated above at the maximum salary of $64,092 effective on March 6, 2000 is hereby approved. PASSED AYES-11, NOES-0 Page 55 00-0404.txt NO. 115 Appt.-Fire Captain (Perm) (Max) (Fire) (CCP#44-Mar. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 116 Appt.-Fire Captain (Perm.Cont.) (Max) (Fire) (CCP#45-Mar. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 117 Appt.-Fire Lt. (Perm) (Max) (Fire) (CCP #46-Mar. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 118 Appt.-Fire Lt. (Perm.Cont.) (Max) (Fire) (CCP#47-Mar. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 119 Temporary Waiver - Residency Requirement (Item No. 201, C.C.P., Mar. 21, 2000) That the Civil Service Commission compile a list of the City employees who signed such relocation documents and that the Civil Service Commissioner be directed to file such documents with this Honorable Body biannually; and That the City Administration, the Civil Service Commissioner or any and all departments that hire or promotes City employees make every effort to consider or give preference to those applicants who are currently residents of the City; and That a copy of this resolution is delivered to the Mayor, all city departments, the Corporation Counsel, the Board of Education, Buffalo Sewer Authority, Buffalo Municipal Housing Authority and other agencies that this Honorable Body deems necessary; and That all parties mentioned in the prior resolve respond to this Honorable Body. Adopted NO. 120 Salary Ordinance Amendment 04-Department of Audit & Control 1042-Audit (Item No. 180, C. C.P., Feb. 22, 2000) That the Salary Ordinance Amendment as contained in Item No. 180, C.C.P., February 22, 2000, be and the same hereby is approved. Passed Ayes-11, Noes-0 No. 121 Notices of Appointments-Temp./Prov./Perm. (CC) (CCP#77-Mar. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED Finance (Byron W. Brown, Chairman) No. 122 Page 56 00-0404.txt Result of Negotiations - Abandonment and Sale of Portion of Demond Place (Item No. 14, C. C. P., Mar. 21, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Brown Moved: That the City of Buffalo does hereby abandon a portion of Demond Place (24' x 23 X 3') and authorizes the City to sell such property pursuant to Article 21, Section 390 and Article, Section 513 and 514 of the Charter of the City of Buffalo; and That the offer from M. Wile & Company, Inc., in the sum of Two Thousand and Four Hundred Dollars ($2,400.00) for the purchase of a portion of Demond Place (24' x 233'), be and hereby is accepted; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Passed. Ayes-11, Noes-0 No. 123 Report of Auction - 2002 Fillmore Avenue (Item No. 62, C.C.P., July 13, 1999) (Item No. 140, 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. 124 Report of Bids - Distribution System Improvements (Item No. 22, C. C.P., Mar. 21, 2000) That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Distribution System Improvements - Tacoma, Tonawanda, Wiley, to Mar-Wal Construction, the lowest responsible bidder, in the amount of $497,793.66. Passed. Ayes-11, Noes-0 No. 125 Report of Bids - Emerald Channel Intake Rehabilitation (Item No. 23, C.C.P., Mar. 21, 2000) That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Emerald Channel Intake Rehabilitation, to Buffalo Industrial Diving, the lowest responsible bidder, in the amount of $1,048,348.00. Passed. Ayes-11, Noes-0 No., 126 Report of Bids - Traveling Water Screen Rehabilitation (Item No. 26, C. C.P., Mar. 21, 2000) That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Traveling Water Screen Rehabilitation, to Hohl Industrial Services, the lowest responsible bidder, in the amount of $149,950.00. Passed. Ayes-11, Noes-0 No. 127 Report of Bids - Distribution System Improvements Buffalo Inner Harbor Project (Item No. 24, C. C.P., Mar. 7, 2000) Page 57 00-0404.txt (Item No. 120, C.C.P., Mar. 21, 2000) That the Commissioner of Public Works be, and he hereby is authorized to award a contract for the Distribution System Improvements - Buffalo Inner Harbor Project -Hanover Street, to Triple R Development of WNY, Inc., the lowest responsible bidder, in the amount of $112,909.00. Passed. Ayes-11, Noes-0 No. 128 Report of Bids - Distribution System Improvements, LeRoy, Monticello (Item No. 25, C. C.P., Mar. 7, 2000) (Item No. 121, C. C.P., Mar. 21, 2000) That the Commissioner of Public Works be, and he hereby is authorized to award a contract for the Distribution System Improvements - LeRoy, Monticello, to Firstrhyme Construction Corp., Inc., the lowest responsible bidder, in the amount of $1,264,883.00. Passed. Ayes-11, Noes-0 No. 129 Report of Bids - Distribution System Improvements Swan, South Park, Carroll & Gorham (Item No. 26, C. C.P., Mar. 7, 2000) (Item No. 122, C.C.P., Mar. 21, 2000) That the Commissioner of Public Works be, and he hereby is authorized to award a contract for the Distribution System Improvements - Swan, South Park, Carroll Street and Gorham Street, to Mar-Wal Construction, the lowest responsible bidder, in the amount of $979,875.00. Passed. Ayes-11, Noes-0 No. 130 Results of Negotiations - 106 Barton (Item No. 5 1, C. C.P., Mar. 21, 2000) That the offer from Mr. and Mrs. Joseph E. and Mrs. Lucy Reggie Maurawski, residing at 387 Parker Street, in the sum of Eight Hundred Dollars ($800.00) for the sale of 106 Barton, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed Ayes-11, Noes-0 No. 131 Mailing of Property Taxes Dues Notices (CCP#163-Feb. 22, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 132 Mailing of Property Taxes Dues Notices (Assess.) (CCP#20-Mar. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED Page 58 00-0404.txt NO. 133 Audit-City Clerk-Revenue Accounts (Compt) (CCP# 11 -Mar. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 134 Use Agreement - National Fuel - 166 Dart Street (Item No. 15, C.C.P., Dec. 28, 1999) (Item No. 124, C. C.P., Mar. 7, 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. 135 Increased Appropriation - Fund Balance - Law Department (Item No. 192, C. C.P., Mar. 21, 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. 136 Drug Asset Forfeiture Checks Received (Pol) (#36,3/7) (CCP#135-Mar. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 137 Martin Luther King Jr. Park - Permission to I-Ere Consultant (Item No. 57, C.C.P., Mar. 7, 2000) (Item No. 13 7, 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 Commissioner of Community Development be, and he hereby is authorized to hire a consultant to develop a Master Plan for Martin Luther King Jr. Park. Funds for this project are available in Bond Fund Account 3001946 (200-717-037). Passed. Ayes-11, Noes-0 No. 138 Rec. the Cost of Cleaning Central Pk. Plaza (# 120,3/7) (# 104, 1 /11) (CCP# 13 9-Mar. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 139 Develop Response to Recommendations - Comptroller's Solid Waste and Recycling Enterprise Fund Audit (Item No. 176, C. C. P., Mar. 7, 2000) That this Common Council requests the Committee on Finance to convene a meeting among appropriate personnel from the Comptroller's Office, the Departments of Street Sanitation and Law, and the Divisions of Collections and Budget to discuss the recommendations of the Comptroller's Solid Waste and Recycling Enterprise Fund Audit; and Page 59 00-0404.txt Those participants are requested to develop a plan at this meeting for evaluating and, where appropriate, implementing the recommendations. Adopted No. 140 Garbage Dist. Audit (Compt) (CCP# 12-Mar. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED LEGISLATION (ALFRED I COPPOLA, CHAIRMAN) NO. 141 HOWARD HITZEL, PETITION TO USE 428 NIAGARA STREET - HUMAN SERVICES FACILITY (ITEM NO. 98, C.C.P., MAR. 21, 2000) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs. LoTempio moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 142 HOWARD HITZEL, PETITION TO USE 430 NIAGARA STREET - HUMAN SERVICES FACILITY (ITEM NO. 99, C.C.P., MAR. 21, 2000) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs. LoTempio moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 143 ROBERT O'LEARY, PETITION TO USE 2200 SENECA STREET - HUMAN SERVICES FACILITY (ITEM NO. 100, C.C.P., MAR. 21, 2000) That after the public hearing before the Committee on Legislation on March 28, 2000, the petition of Robert O'Leary, for permission to use 2200 Seneca Street for a human services facility be, and hereby is denied. ADOPTED AYES -11 NOES - 0 NO. 144 P.NICOLAI-FARGO EST. NEIGH. ASSN.-REQ CHNGS IN TRAFFIC FLOW (#102,7/13) (CCP#141-SEPT. 21, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 145 ORD. AMEND-CHAPTER #454-TOW TRUCKS (CCP4154-NOV. 3 0, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 146 NOTIFICATION SERIAL #9181, REPEAL ONE-WAY STREET DIRECTION HURON STREET, ETC. (ITEM NO. 22, C. C.P., MAR. 7, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio moved that the above item be recommitted to the Page 60 00-0404.txt Committee on Legislation. ADOPTED NO. 147 NOTIFICATION SERIAL #9185-9188, REPEAL NO PARKING EXCEPT JUDGES, ETC. (ITEM NO. 21, C.C.P., MAR. 21, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 148 R. HOFFMAN-REQ. ONE WAY STREET-ROESSER ST. (CCP#94-JUNE 29, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 149 PKG. PROBLEM-BROADWAY/PERSON STS. (CCP#190-MAR. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 150 PKG.-SCHOOL #44-BROADWAY/PERSON STS. (BD. OF ED.) (CCP#68-MAR. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED COMMUNITY DEVELOPMENT (BEVERLY A. GRAY, CHAIRPERSON) NO. 151 SALE OF BURA OWNED PROPERTY (LAW) (CCP#48-DEC. 14,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 152 BROADWAY-FILLMORE WORK FORCE DEV. PROGRAM (CD) (CCP#48-MAR. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 153 H. QUARLES - WOMEN FOR UPTOWN BUFFALO - CONCERNS - PHOENIX WINDOW MFG. INC. (ITEM NO. 90, C.C.P., MAR. 21, 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. 154 CREATION - EMERGENCY ASSISTANCE PROGRAM FOR SMALL BUSINESS DEVELOPMENT (ITEM NO. 199, C. C.P., MAR. 21, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Gray Moved: That the Buffalo Economic Renaissance Corporation C'BERC") files Page 61 00-0404.txt with this Honorable Body a complete description of what programs currently exist for small business development, the level of resources allocated to those programs, which businesses are currently availing themselves of those programs and the success of those programs as measured by job retention and creation; and That this Common Council requests the BERC to create an Emergency Assistance Program for Small Business Development from funds of the Community Development Block Grant 2000-01 and any other available revenue streams; and That the Program shall have as its primary goal job retention and creation through small business development and shall make venture capital available to businesses that traditionally are incapable of securing such financing; and That said Program shall be created as soon as possible with appropriate staffing levels and shall include an Information and Resource Center to assist small businesses; and That said Program shall be located not within the offices of the BERC but in a neighborhood on one of Buffalo's many commercial streets; and That every effort should be made to create the Program in cooperation with the Small Business Administration, Empire State Development Corporation and the Erie County Industrial Development Agency. ADOPTED BUDGET COMMITTEE (ROSEMARIE LOTEMPIO, CHAIRPERSON) NO. 155 SKYWAY BRIDGE LIGHT PROJECT (BERC) (#50,11/16) (CCP#161-FEB. 8, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 156 NYSDOT-PROPOSED SKYWAY BRIDGE LIGHT PROJECT (#80,11/30) (CCP#162-FEB. 8, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 157 SKYWAY BRIDGE LIGHT PROJECT (BERC) (#3 6, 1 /11) (CCP#163-FEB. 8, 00) That the above item be and the same hereby is received and filed. ADOPTED POLICE REORGANIZATION & OVERSIGHT COMMITTEE (CHARLEY H. FISHER, 111, CHAIRMAN) NO. 158 MANPOWER ALLOCATION STUDY BY POLICE DEPT. (EXC. 2~D RES.) (CCP#216-JAN. 25, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 159 H. HERBOLD, NIAG./RHODE ISLAND BLCK CL.-CRME CNCRNS, (1ST 3 PAGES ONLY) (CCP#60-FEB. 22, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 160 SEX OFFENDER REG. ACT (CCP#169-FEB. 22, 00) Page 62 00-0404.txt That the above item be and the same hereby is received and filed. ADOPTED STADIUM/AUDITORIUM TASK FORCE (JAMES W. PITTS, CHAIRMAN) NO. 161 ESTAB. DISTRICT HEATING FOR CROSSROADS (CCP#216-APR. 4, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 162 DIST. HEATING-CROSSROADS (PW) (CCP#37-MAY 2, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 163 FEASIBILITY STUDY-DISTR.HTG. CROSSROADS (PW) (CCP#86-NOV. 28, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 164 DISTR. HTG.-CROSSROADS ARENA (PW) (CCP#88-NOV. 28,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 165 J. PITTS-MEM. AUD. -OUTSTANDING DEBT SVS. (#103,2/17) (CCP#146-MAY 12,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 166 0 & M COSTS AT MEM. AUD. 11/1/96-10/31/97 (#26,4/28) (CCP#157-MAY 12,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 167 RE-USE OF MEM AUD(CD) (CCP#52-NOV. 14, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 168 USE AUD. AMATEUR HOCKEY (CCP#177-APR. 30,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 169 RE-OPEN MEM. AUD. AMATEUR HOCKEY (CCP#214-MAR. 4, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 170 RPT. ON BUSINESS GROUP PLAN FOR AUD (CCP#215-MAR. 4, 00) That the above item be and the same hereby is received and filed. Page 63 00-0404.txt ADOPTED NO. 171 MEM. AUD. UPDATED INVENTORY LIST (CCP#45-DEC. 10, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 172 PROPOSALS MEM. AUD. REUSE (CCP#33-OCT. 1, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 173 AUD. RE-USE (CD) (CCP#40-DEC. 23, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 174 USE OF MEM. AUD. (PW) (CCP#26-JAN. 21, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 175 REUSE OF AUD (PW) (CCP#34-FEB. 4, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 176 GROUP PLANS FOR AUD. (PW) (CCP#38-APR. 1, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 177 RE-OPEN MEM. AUD-AMATEUR HOCKEY (PW) (CCP#39-APR. 1, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 178 PRIORITIZE AUD FOR ICE RINK (# 181,3/3) (CCP#147-MAY 12,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 179 BUSINESS GROUP PLANS FOR AUD. (CD) (CCP#56-APR. 1, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 180 DEMOLISHED MEMORIAL AUDITORIUM (#208,2/3) (CCP# 143 -MAY 12, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 181 Page 64 00-0404.txt DEMOLISHED MEM. AUD. (PW) (#41,2/17) (CCP#144-MAY 12,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 182 DEMO. MEM. AUD. (PW) (#50,3/3 1) (CCP#145-MAY 12,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 183 CO-GEN. PLANT MEM. AUD (CCP#173-OCT. 1, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 184 MARINE MIDLAND ARENA-CROSSROADS OPER. AGREE. (CCP#65-SEPT. 30, 99) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 185 BY: MR. BROWN: BOND RESOLUTION $200,000 BONDS RESTORATION OF MONUMENTS ACCOUNT 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $200,000 General Improvement Bonds of said City, to finance the cost of urban beautification in the City, at the estimated maximum cost of $200,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Thousand Dollars ($200,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to finance the cost of urban beautification in the City, including restoration of monuments, public art, and public spaces located in the City. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $200,000 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, "Restoration of Monuments, 1999-00", Bond Authorization Account No. 3000-32, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $200,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and Page 65 00-0404.txt stated:. (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 76. of the Local Finance Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: April 4,2000 LAID ON THE TABLE NO. 186 BY MR. BROWN: BOND RESOLUTION $500,000 BONDS ROOF REPLACEMENT - VARIOUS SCHOOLS ACCOUNT NO. 3999-79 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $500,000 School Bonds of said City, to finance the cost of partial reconstruction of School Buildings Nos. 39 and 19, at the total estimated maximum cost of $500,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue School Bonds of said City in the principal amount of Five Hundred Thousand Dollars ($500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of partial reconstruction of School Buildings Nos. 39 and 19 including roof replacement. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $500,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1999-00, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the Page 66 00-0404.txt sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Board of Education, "Roof 1999-00," Account No. 3999-79, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $500,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) Said buildings are of C lass " A " construction as defined by Subdivision 11. 00 a. II (a) of the Law and the period of probable usefulness applicable to said specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12 (a) (1) of the Local Finance Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (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 4, 2000 LAID ON THE TABLE NO. 187 BY: MR. BROWN: BOND RESOLUTION $700,000 BONDS VARIOUS SCHOOLS/ELECTRICAL RECONSTRUCTION ACCOUNT NO. 3999-79 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $700,000 School Bonds of said City, to finance the cost of electrical system improvements at various schools, at the estimated maximum cost of $700,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to Page 67 00-0404.txt issue School Bonds of said City in the principal amount of Seven Hundred Thousand Dollars ($700,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of electrical system improvements at various schools including fire alarms, clocks and bells, and generators. 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 $700,000 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 Board of Education, "Electrical Reconstruction, 1999-00," Account No. 3999-79, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $700,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11. 00 a. 5 of the Local Finance Law, is thirty (30) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: April 4, 2000 LAID ON THE TABLE NO. 188 BY: MR. BROWN: BOND RESOLUTION $3,000,000 BONDS Page 68 00-0404.txt RECONSTRUCTION-SCHOOL SCIENCE LABS ACCOUNT NO. 3999-79 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $3,000,000 School Bonds of said City, to finance the cost of science lab reconstruction in various schools, at the estimated maximum cost of $3,000,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue School Bonds of said City in the principal amount of Three Million Dollars ($3,000,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of science lab reconstruction in various schools. 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 $3,000,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1999-00, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Board of Education, "Science Lab Phase 11, 1999-00," Account No. 3999-79, and shall be used for the purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $3,000,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing buildings are of Class "A" construction as defined by Section 11.00 a. 11. (a) of the Law, and the period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11. 00 (a) 12. (a)(1) of the Local Finance Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (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 Page 69 00-0404.txt 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 4, 2000 LAID ON THE TABLE NO. 189 BY: MR. BROWN LNCREASED APPROPRIATION DEPARTMENT OF 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 appropriation in the budget for the current fiscal year for Appropriation Allotments - Division of Inventory & Stores Auto Repair Supplies be and the same hereby is increased in the sum of $10,000. That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account:10071030 - Inventory & Stores 380508 - Gas & Parts Reimbursement $10,000 To meet the increased appropriation as set forth below: 10781005 - Inventory & Stores 465001 - Auto Repair Supplies $10,000 PASSED AYES -11 NOES - 0 NO. 190 BY: MR. BROWN LNCREASED APPROPRIATION GENERAL CITY INTERGOVERNMENT REIMBURSEMENT - BULK GAS PURCHASES GENERAL FUND UTILITIES - GAS 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 in General Fund Utilities - Gas 17213003-44100 1, be and the same is hereby increased in the sum of $2,728,139.25. That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: From: 10700010-380514 General City Inter government Reimbursement - Bulk Gas Purchase $2,728,139.25 To meet the increased appropriation as set forth below: To: General Fund Utilities - Gas 17213 003 -44 1001 $2,728,139.25 PASSED AYES -11 NOES - 0 NO. 191 BY: MR. BROWN RE: ORDINANCE AMENDMENT CHAPTER 216 - GARBAGE, RUBBISH AND REFUSE The Common Council of the City of Buffalo does hereby ordain as follows: That Section 216-57 of Chapter 216 the Code of the City of Buffalo be amended to read as follows: § 216-5.Past due accounts; property consolidation. A.The Department shall refer all past due accounts to the Division of Collections in the manner prescribed by the Division of Collections. The Division of Collections shall perform necessary collection and billing of such past due accounts with the assistance of the Department of Law as required. The Division of Collections may engage the services of a private credit or collection agencies and other professional services as Page 70 00-0404.txt deemed advisable. The Comptroller shall perform an annual report detailing the moneys and fees collected and expended. Fees or charges in connection with the collection of past due accounts may be imposed as provided for by this chapter and Chapter 175, Fees, of this Code, and any and all fees collected upon past due accounts pursuant to this chapter or Chapter 175 shall be accounted for separately within the Solid Waste Enterprise Fund. All such amounts collected pertaining to the public collection of solid waste shall be deposited to the Solid Waste Enterprise Fund. B.[During the fiscal year ending June 30, 1997J The Common Council may, by duly adopted resolution, provide that [an] a residential owner's public collection bill be adjusted by reason of the owner combining a residential parcel with improvements and an adjoining vacant lot under a single deed or similar proof of common ownership of the adjoining parcels to the satisfaction of the Commissioner. Any such adjustment shall be limited to the quarter such deed is filed [until June 30, 1997]. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel NOTE: Matter in brackets to be deleted, matter underlined is new. PASSED AYES -11 NOES - 0 NO. 192 BY: MR. BROWN TRANSFER OF FUNDS GENERAL CITY CHARGES Fringe Benefits - Salary Adjustment Comptroller That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $4,093,379 be and the same is hereby transferred from Debt Service and Related Charges and said sum is hereby reappropriated as set forth below: From: 17306002 Fringe Benefits Object 429005 - Salary Adjustment $4,093,379 Total $4,093,379- To: ORGOBJ 10101001414001Longevity$2,825 10102001414001Longevity$3,950 10105001414001Longevity$725 10113001414001Longevity$400 10220001414001Longevity$3,505 10265001414001Longevity$1,050 10331001411001Salaries$26,055 10331001414001Longevity$3,570 10370001411001Salaries$1,000 10370001414001Longevity$280 10441001411001Salaries$4,230 10443001411001Salaries$35,000 10443001414001Longevity$830 10444001411001Salaries$4,814 10444001414001Longevity$140 10445001411001Salaries$8,200 10445001414004Longevity$420 10471001411001Salaries$45,000 10471001414001Longevity$2,652 10546001414001Longevity$735 10647001414001Longevity$4,910 10780001414001Longevity$1,515 10781001411001Salaries$8,500 Page 71 00-0404.txt 10781001413001Overtime$29,800 10781001413003Acting Time$4,200 10782001411001Salaries$14,400 10782001413003Acting Time$200 11150001411001Salaries$17,700 11150001414001Longevity$1,965 11151001411001Salaries$2,150 11151001414001Longevity$140 11252001414001Longevity$800 11353001411001Salaries$38,800 11353001414001Longevity$140 11355001414001Longevity$700 11412001414001Longevity$1,300 11475001414001Longevity$2,990 11556001411001Salaries$43,700 11556001413001Overtime$8,600 11556001414001Longevity$2,885 11556001414004In Lieu of Summer Hours$1,225 12000001411001Salaries$25,000 12000001414001Longevity$39,810 12001001411001Salaries$367,500 12001001411002Duty Disability$101,400 12001001413001Overtime$68,500 12001001413002Holiday Pay$13,000 12001001413005Court Time$120,000 12001001413006 Info Exchange Time$4,200 12001001414001Longevity$113,000 12003001411002Duty Disability1,500,000 12003001413002Holiday Pay$67,100 12003001413005Court Time$500,000 12003001414001Longevity$381,095 12010001414001Longevity$20,755 12021001414001Longevity$29,010 12023001411001Salaries$600 12023001413001Overtime$16,000 13090001411001Salaries$4,824 13090001414001Longevity$1,840 13100001414001Longevity$2,010 13112001411001Salaries$26,105 13191001414001Longevity$510 13234001411001Salaries$4,189 15035001411001Salaries$20,300 15035001413001Overtime$23,700 15035001413002Holiday Pay$11,000 15035001413003Acting Time$900 15035001413004Shift Differential$250 15035001414001Longevity$6,370 13291001411001Salaries$25,600 13291001414001Longevity$560 13295001411001Salaries$7,500 14000001414001Longevity$3,640 14050001411001Salaries$80,000 14050001414001Longevity$4,555 14074001414001Longevity$280 14170001411001Salaries$47,500 14211001414001Longevity$40 14222001414001Longevity$2,555 14312001414001Longevity$795 14406001414001Longevity$775 14407001414001Longevity$6,140 14613001411001Salaries$8,700 15020001411001Salaries$19,230 15020001413001Overtime$1,200 Page 72 00-0404.txt 15020001414001Longevity$1,470 15050001411001Salaries$62,900 15050001413003Acting Time$1,200 16000001414001Longevity$540 16230001411001Salaries$12,920 16230001414001Longevity$960 16233001414001Longevity$1,610 16260001414001Longevity$1,145 16351001414001Longevity$595 TOTAL General Fund$ 4,093,372 PASSED AYES -11 NOES - 0 NO. 193 BY: MR. BROWN TRANSFER OF FUNDS PUBLIC WORKS - BOND FUNDS COMMUNITY DEVELOPMENT - BOND FUNDS 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 $300,000 be and the same is hereby transferred from the Division of Buildings - Capital Projects Fund and said sum is hereby reappropriated as set forth below: From: 34322606-445100 Capital Projects Fund 990 Series Division of Buildings Neighborhood Redevelopment 98-99 General Contracting $300,000 To: 30441206-445100 Capital Projects Fund Department of Community Development Neighborhood Redevelopment 99 Services General Contractor $300,000 PASSED AYES -11 NOES - 0 NO. 194 BY: MS. ELLINGTON REQUEST TO WAIVE FEE - "PORTABLE STAGE" Whereas: The Broadway-Fillmore Village Coalition, under the auspices of the Neighborhood Information Center, inc., has announced "kick-off" plans for the first annual Weekend Heritage Festival. This event will take place during the first weekend of May 2000, and will include a parade down Broadway on Saturday, May 6, 2000; and Whereas: The purpose of this event is to reawaken pride and revive the Buffalo's East Side by uniting the diverse communities that reside there; and Whereas: Two of the largest ethnic groups in Buffalo; African-Americans and Polish Americans, will be working together on this weekend to re-educate the community as to each groups contribution to the "American Dream; and Whereas: The plan is to honor and focus on two significant historical figures in U.S. History: Thaddeus Kosciuszko, a Police Patriot, and brilliant military strategist of the Revolutionary War: and Dr. Martin Luther kinor. Jr., Pastor and Civil Rights Leader of the 1950's and 1960's; and Whereas: Although Thaddeus Koscluszko and Dr. Martin Luther King., Jr., come from different cultures, both expressed the same dream: "All people must be free, in order to reach their full God-given potential", and Whereas: This event has been made possible by the generosity of volunteers in the community. It is a non-profit activity without an operating budget to defray associated costs, and Page 73 00-0404.txt Whereas: The "Kosciuszko-King Festival Committee" has requested the use of the Parks Departments portable stage for this event, however there is a $400.00 fee for the use of the stage; Now, Therefore, Be It Resolved: That the Buffalo Common Council waive the $400.00 portable stage fee for the Saturday, May 6, 2000, Heritage Festival's events. PASSED AYES -11 NOES - 0 NO. 195 BY: MS. ELLINGTON REQUEST AUDIT OF BROADWAY MARKET CAPITAL INVESTMENTS Whereas: The Broadway Market is an important regional asset that helps keep ethnic heritage and neighborhood commerce alive in the Broadway-Fillmore neighborhood; and Whereas: The many wonderful and often unique products and vendors housed under the Market's roof are part of what makes Buffalo a great place to live; and Whereas: Recognizing the value of the Broadway Market to Western New York, the City has invested public funds in strengthening in the Market; and Whereas: These investments have included important capital improvements to the Market over the last ten years; and Whereas: It is important that capital investments financed with public dollars be effectively tracked and accounted for; Now, Therefore, Be It Resolved That: This Common Council requests the Comptroller's office to undertake an audit of all equipment and other capital investments paid for with public funds at the Broadway Market. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER NO. 196 BY MR. FISHER MORATORIUM ON THE IMPLEMENTATION OF THE DEATH PENALTY Whereas: In 1995, New York State reenacted the death penalty and currently has five inmates on death row; and Whereas: Nationally, since the Supreme Court ruled that the death penalty was not cruel and unusual punishment" in 1976, there have been 623 executions and, of those, 44% have been minorities; and Whereas: Both the United State Supreme Court, in McCleskey v. Kmp, and the United States General Accounting Office have tacitly acknowledged a racial bias in the implementation of death penalty statutes; and Whereas: Since 1976, 80 inmates have walked away from death row because some evidence of their innocence was uncovered; and Whereas: of those inmates who have been exonerated, the average time before evidence was revealed that led to the commutation was 7.5 years; and Whereas: Since 1993, 8 death row inmates have been exonerated due to DNA evidence; and Whereas: Earlier this year in the State of Illinois, after 13 death penalty inmates were exonerated, Governor George Ryan placed a moratorium on executions; and Whereas: For those defendants facing the possibility of the death penalty and who do not have the resources to hire their own attorneys, public resources are often incapable of providing adequate representation, particularly since Congress, in 1996, cut federal funding to the nation's 20 death penalty resource centers; and Whereas: The United States Supreme Court has drastically restricted the rights of death row prisoners to appeal their convictions and death Page 74 00-0404.txt sentences in federal courts. Whereas: A bill has been introduced in the House of representatives (HR 388) which, if enacted, would prohibit a judge from issuing a warrant of execution and would forbid the execution of an individual sentenced to death; and Whereas: The following local governments have gone on record calling for a moratorium on the implementation of the death penalty: City of Baltimore, City of Carrboro Board of Alderman, City of Chapel hill; City of Charlottesville, City of Durham, City of Mt. Rainier, City of New Haven Board of Aldermen, City of Philadelphia, City of Pittsburgh, City and County of San Francisco, City of Tacoma Park, Orange County. Now, Therefore, Be It Resolved: This Common Council memorializes Congress and the President of the United States to pass HR 4162 as quickly as possible. Be It Further Resolved: This Common Council memorializes the Governor of New York State, and the state legislature to place a moratorium on all executions and the signing of death warrants until all of the issues surrounding the death penalty are finally resolved and the policy of State executions can be justified as a legal, humane, just and necessary form of punishment. Be It Further Resolved: Copies of this resolution shall be sent to the President of the United States, the Majority Leader of the United States Senate, the Speaker of the House of Representatives, the western New York delegation of Congressional representatives, the two Senators who represent New York State in the United States Senate, the Governor of New York State, the Speaker of the New York State Assembly, the Majority Leader of the New York State Senate and the western New York State delegation REFERRED TO THE COMMITTEE ON LEGISLATION NO. 197 BY: MR. FONTANA, MR. BONIFACIO & MS. GRAY OBJECT10NABLE PROGRAMMING ON CHANNEL 18 WHEREAS: Cable TV subscribers in Buffalo have complained about some programs on Channel 18, the public access channel, which contain material that is offensive to many segments of the community; and WHEREAS: This includes "Thunderbird Theater," a locally produced program that regularly attacks on various segments of the community, including a recent program that denigrated Roman Catholic priests in a very derogatory and tasteless manner; and WHEREAS: BNN maintains that there is no way to keep such programs off Channel 18, and the only control is through "safe harbor hours;" and WHEREAS: The establishment of "safe harbor hours" designates specific late night programming slots during which public access operators can program material that may be potentially offensive so that children are least likely to be viewing when they are being shown; and WHEREAS: BNN has established safe harbor hours but those are limited to from 10:00 PM to 12 Midnight; a number of children watch TV during that time, especially on weekends;and WHEREAS: BNN has been allocated additional funding to expand playback past midnight in order to accommodate later safe harbor hours, but has not done so; and WHEREAS: In addition, BNN has not done a great deal to inform viewers that safe harbor hours exist and to caution viewers that objectionable programming may be cablecast during those times; for example, there is no mention of safe harbor hours on any of BNN's bulletin board announcements; NOW, THEREFORE BE IT RESOLVED: That BNN-Channel 18 is requested to respond to this resolution, and include in its report the following: 1)An update on the status of expanding playback to allow for safe Page 75 00-0404.txt harbor hours after midnight; 2)An explanation of the process for assigning a program to safe harbor hours; 3)A list of the programs that are currently assigned to safe harbor hours; 4)The process used by BNN to ensure that programs with offensive material comply with BNN's existing policies, including what criteria is used and the review process that takes place under Section 2.05 of its Operational Procedures Manual; 5)Methods used by other public access entities to keep programming that is highly objectionable in nature from being carried on the public access channel. BE IT FURTHER RESOLVED: That this report be submitted in writing and filed with the City Clerk no later than 2:00 PM on Thursday, April 13, 2000. REFERRED TO HTE COMMITTEE ON TELECOMMUNICATONS, THE OFFICE OF TELECOMMUNICATIONS AND THE BUFFALO NEIGHBORHOOD NETWORK NO. 198 BY: MR. FONTANA MS. GRAY COMPREHENSIVE TESTING PROGRAM FOR AIR QUALITY- SOUTH OGDEN TOLL BOOTHS WHEREAS, since the late 1950's, the South Ogden Toll Booths were erected as the entranceway to and exit from the Niagara Section of the New York State Thruway; WHEREAS, in the 1990's, part of the section of the Tolls Booths were removed going from the Niagara Section to the Main Line Thruway; WHEREAS, the section of Tolls still remains going into the City of Buffalo; WHEREAS, studies done in the 1980's showed great toxicity in air quality to those neighborhoods bordering the tolls; WHEREAS, there has been a high incidence of asthma and other respiratory illness suffered by citizens living in the area surrounding the tolls; WHEREAS, the tolls are one of many factors contributing to environmental concerns in this area; NOW THEREFORE BE IT RESOLVED, that this Common Council requests that a comprehensive testing program for air quality be initiated by the New York State Department of Environmental Conservation, State Department of Transportation, State Department of Health and all other agencies for the purposes of developing a complete testing plan to be presented to area representatives and surrounding neighborhoods for their input and assistance in the program; BE IT FINALLY RESOLVED that certified copies of this resolution be sent to the Governor of the State of New York, Secretaries of the Senate and Assembly, the Western New York Delegation of the State Assembly and Senate, the New York State Department of Transportation, the New York State Thruway Authority, the New York State Department of Environmental Conservation, The New York State Department of Health and the Environmental Management Commission of the City of Buffalo. ADOPTED NO. 199 BY: MSSRS. FONTANA AND PITTS 1990-94 BTF LAWSUIT Whereas: A settlement between the Buffalo Board of Education and the Buffalo Teachers Federation has been reached regarding the 1990-1994 Buffalo Teachers Federation Lawsuit; and Whereas: Through mutual compromise, the parties have agreed on a settlement where teachers are willing to accept an amount that is more than $100 million less than what they had previously maintained was owed; and Page 76 00-0404.txt Whereas: While reaching this settlement has been an arduous and exhausting task, there is still much that needs to be done and the attention must now shift to Albany, where assistance has been requested; and Whereas: Central to this settlement is a 20-year, $45 million interest-free loan from the State. Also essential to this request is the condition that this loan be granted without affecting anticipated aid to the School District or the City; and Whereas: Should the loan be secured and the agreement executed, Buffalo teachers willbe able to focus entirely on education and meeting the new state education standards, thus attaining a win/win solution for the City of Buffalo, its students, and the teachers. Now, Therefore, Be It Resolved That: This Honorable Body fully support the efforts of the Board of Education in their efforts to seek the aforementioned loan in order to finalize the settlement agreement between the Buffalo Board of Education and the Buffalo Teachers Federation; and Be It Further Resolved That: Certified copies of this resolution be sent to Governor George E. Pataki, Joseph Bruno, Senate Majority Leader, Sheldon Silver, Speaker of the Assembly, and the Western New York Legislature Delegation to express the Council's support, interest and enthusiasm for the Buffalo School Board's request for assistance from the State of New York. REFERRED TO THE COMMITTEE ON EDUCATION AND OF EDUCATION NO. 200 BY: MRS. GRANT BENNETT HIGH SCHOOL ALUMNI ASSOCIATION REQUESTING PERMISSION TO HANG BANNER CROSSING MAIN STREET IN FRONT OF 2885 MAIN. WHEREAS: Bennett High School will celebrate its 75' anniversary on September 23d and 24~', 2000; and WHEREAS: A gala weekend has been planned by the Bennett High School Alumni Association in recognition of this event; and WHEREAS: The Alumni Association is expecting over 1,500 graduates of the school to return for this event; and WHEREAS: The Alumni Association is requesting to hang a banner in front of the school and across Main Street from June 15'h to July 15, 2000 to advertise the event; and WHEREAS: Permission to hang a banner across a city street requires the consent of the Buffalo Common Council; and NOW, THEREFORE, BE IT RESOLVED THAT: The Common Council hereby approves the request of the Bennett High School Alumni Association to display a banner in front of Bennett High School and crossing Main Street; and BE IT FINALLY RESOLVED THAT: This consent is given in recognition of the 75th anniversary of Bennett High School. PASSED AYES -11 NOES - 0 NO. 201 By: Ms. Grant PAYMENT OF CERTAIN SMALL CLAIMS Whereas, the Common Council, by Item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $100.00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount, and Whereas, the Common Council, by Item No. 104, C.C.P., April 29, 1997, established that all garbage can claims arising out of the activities of the Department of Street Sanitation that are related to refuse and Page 77 00-0404.txt recycling be paid out of the Solid Waste & Recycling Enterprise Fund Budget Account only if the claims took place after October 1, 1996; and Whereas, the subject claims are eligible for consideration under the said procedures; and Whereas, the Department of Law has verified the validity of the claims and recommend payment thereof, Now Therefore, Be It Resolved: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law or be charged against the Solid Waste & Recycling Enterprise Fund Budget Account: 1 .Ernestine A. Ballard, 342 Dewey Avenue, 14214 Claim for loss of garbage can at 342 Dewey Avenue. $10.79 2. Brainard Berry, 87 Stewart Avenue, 14211 Claim for loss of garbage can at 87 Stewart Avenue $ 12.50 3. Carol E. Cialone, 38 Norris Street, 14207 Claim for loss of garbage can at 38 Norris Street $ 11.00 4. Shirley Drees, 130 Crestwood Avenue, 14216 Claim for loss of garbage can at 130 Crestwood Avenue. $ 11.00 5. Jack F, Gladysek, 150 Heath Street, 14214 Claim for loss of garbage can at 150 Heath Street. $ 10.99 6. Sharon Hirsch, 14 St. Francis Place, 14207 Claim for loss of garbage can at 14 St. Francis Place $ 18.00 7. William Humphrey, Jr., 7 Ruhland Avenue, 14211 Claim for loss of garbage can at 7 Ruhland Avenue $ 11.00 8. Amy Konarski, 957 East Lovejoy Street, 14206 Claim for loss of garbage cans at 957 East Lovejoy Street. $ 22.00 9. Nancy Lucas, 47 Shoreham Boulevard, 14216 Claim for loss of garbage can at 47 Shoreham Boulevard. $ 10.00 10. Dennis P. McDonell, 73 Riverside Avenue, 14207 Claim for tire damaged on Ontario Street on 12-8-99. Claimant ran over pieces from a table that fell out of the garbage truck during trash pickup. The driver of the City vehicle confirms dropping metal from a table and it was not picked up. $ 70.07 11. Virginia Nailor, 265 Hewitt Avenue, 14215 Claim for loss of garbage can at 265 Hewitt Avenue. $8.50 12. Frances N. Pangallo, 235 Hartwell Road, 14216 Claim for loss of garbage can at 235 Hartwell Road. $17.50 13. Domenic Passanisi, 72 North Park Avenue, 14216 Claim for loss of garbage can at 72 North Park Avenue. $12.00 14. Raymond Pawlak, Jr., 127 West Northrup Place, 14214 Claim for loss of garbage can at 127 West Northrup Place. $12.00 15. Frederick M. Poltowicz, 1630 Broadway Avenue, 14212 Claim for loss of garbage cans at 1630 Broadway Avenue. $18.00 16. William B. Rich, 326 Benzinger Street, 14206 Claim for loss of garbage can at 326 Benzinger Street. $11.00 17. Fatima Saleh, 735 Walden Avenue., 14211 Claim for loss of garbage can at 735 Walden Avenue. $ 7.85 18. Frank Stancanpono, 168 Garner Avenue, 14213 Claim for loss of garbage can at 168 Garner Avenue. $6.48 19. Lois Thomas, 243 Niagara Street, 14201 Claim for loss of garbage can at 243 Niagara Street. $9.00 20. James E. Weber, 149 Metcalfe Street, 14206 Claim for loss of garbage can at 149 Metcalfe Street. $9.00 Page 78 00-0404.txt Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. Passed AYES –11. NOES-0. NO. 202 By: Mrs. Grant PETITIONS IN SUPPORT OF LOW INCOME SENIORS' EXEMPTION FROM PAYING THE CITY OF BUFFALO GARBAGE USER FEE. WHEREAS: The Garbage User Fee continues to present an economic hardship for the residents of Buffalo, especially our low income Senior Citizens; and WHEREAS: Many residents of the City of Buffalo support this Councilmember's Resolution requesting a User Fee Exemption for low income Seniors; and WHEREAS: While this honorable body have in its possession signed petitions with more than 1350 signatures to abolish the Garbage User Fee for all homeowner; and NOW, THEREFORE, BE IT RESOLVED THAT: The attached Petitions of an additional 336 signatures on behalf of residents' of the City of Buffalo that calls for the Garbage User Fee Exemption for Low Income Seniors; and BE IT FURTHER RESOLVED: That this Common Council recognize this total of sixteen hundred and eighty six Petitions is only a partial representative of the signatures collected thus far, and that many more signatures will be amassed in this continuous and ongoing process; and BE IT FURTHER RESOLVED THAT: All Councilmembers be presented with a copy of the City of Buffalo "Garbage User Fee Law" that was implemented in 1996. 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. 203 By: Mrs. Grant MEMORALIZING TO THE STATE OF NEW YORK SENATE - ASSEMBLY TO REJECT BILL #A-8283 (S. 5604) Whereas: Assemblyman Sam Hoyt, Paul Tokasz, Richard Smith and Brian Higgins and State Senator Dale Volker of Depew, have sponsored Bill #8283 in Albany, New York that gives the Mayor of the City of Buffalo the authority to appoint two members to the Buffalo Public School; and Whereas: The fate of Bill #8283 is unknown at this time due to the fact that the bill has been tabled in the Assembly's Education Committee; and Whereas: A Common Council Resolution in support of New York State Bill #8283 was withdrawn or "received and filed" due to lack of majority support; and Whereas: A Public Hearing was held on March 16, 2000 in the City of Buffalo Common Council Chambers; and Whereas: An overwhelming majority of those residents present were in opposition to New York State Legislature granting the mayor two appointments to the City of Buffalo Board of Education; and Whereas: The opposition displayed, was in no way expressing dissatisfaction in the way the mayor is doing the job he was elected to do; and Whereas: At present, the City of Buffalo Board of Education is an elective body of representatives who were elected by the people to a specific school district or to an At-Large position; and Whereas: Two appointments to the City of Buffalo School Board by any Page 79 00-0404.txt entity would create a hybrid or mixed appointed/elected school board; and Whereas: The people of the City of Buffalo have clearly and unequivocally made their preference regarding this situation known. Now, Therefore, Be It Resolved That: The Buffalo Common Council is opposed to Bill #8283 and that this is a memoralization requesting that the bill not be passed. Be It Further Resolved that: The sponsors of Bill #8283 and others in the Western New York Delegation interpret this request as a "Home Rule" message from the City of Buffalo Common Council and the residents of the City of Buffalo. This "Home Rule" message is based on public hearings that were recently held and we are requesting the sponsors of the bill to withdraw the proposed legislation. Be It Finally Resolved, that: Copies of this resolution are filed with Administration, Corporation Counsel, Assemblymen Hoyt, Tokasz, Higgins, Smith and Eve; State Senators Dale Volker (R ) Depew, and William Stachowski (D) Buffalo. ADOPTED AYES-BROWN, ELLINGTON, FISHER, FONTANA, GOLOMBEK, GRANT, GRAY, MARTINO, AND PITTS-9. NOES-BONIFACIO & LOTEMPIO-2. NO. 204 By: Mrs. Grant TERMINATION OF WATER SERVICE DURING WINTER MONTHS. Buffalo's winters are unusually cold and harsh with temperatures dropping as low as zero degrees, or less; and WHEREAS: Many families in the city tend to contain children, seniors and persons with disabilities; and WHEREAS: Disruption of vital water service to such families could produce lasting negative impact in area(s) of health and safety, as well as cause extensive damage to pipes and sewer lines; and WHEREAS: Families cannot reside in homes without running water and therefore must relocate, which results in additional financial hardship and may also subject their unoccupied residences to burglaries and/or vandalism; and NOW, THEREFORE, BE IT RESOLVED THAT: American WaterWorks, or any other city contracted water management company or the City of Buffalo, refrain from scheduling water shutoffs at homes containing minor children, seniors, or disabled individuals between November 21't in a given year and March 3 1 "of the following year; and BE IT FINALLY RESOLVED THAT: This honorable body, Corporation Counsel and any other parties deemed necessary, determine and address liability issues and concerns that may result from termination of water service to seniors, disabled individuals, and households containing minor children during the winter months. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF PUBLIC WORKS, THE AMERICAN WATER WORKS AND THE WATER BOARD NO. 205 By: Mrs. LoTempio MUNIS Whereas: A software package known as MUNIS, an acronym for Municipal Information System, was purchased by the City of Buffalo; and Whereas: This product is supposed to help municipalities and school districts manage payrolls, Page 80 00-0404.txt property tax bills, budgets, accounts receivable, building permits, and other tasks; and Whereas: Since the implementation of this new system, various City departments have experienced a number of problems and/or delays, and have had to expend additional inomes with this new system; and Whereas: It has been brought to the attention of this Council that one of the major problems with the MUNIS, is that departments have been entering payroll date in an inaccurate fashion. Now, Therefore, Be It Resolved That: This Council hereby requests that the City Comptroller review this resolution and file a report indicating to this Council what has been expended on MUNIS, both initially and to date; and Be It Further Resolved That: This Council also requests that each department submit a report indicating and highlighting any and all additional monies spent on MUNIS and what problems still exist with the system. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE MAYOR NO. 206 By: Mrs. LoTempio EXCUSE COUNCILMEMBER MILLER-WILLIAMS FROM COUNCIL MEETING. Whereas: Councilmember Barbara Miller-Williams will be unable to attend the Council meeting on Tuesday, April 4, 2000, Now, Therefore, Be It Resolved: That the Common Council excuses Councilmember Barbara Miller-Williams from attending the April 4, 2000 Common Council meeting. ADOPTED NO. 207 By: Mrs. LoTempio and Mr. Brown SUPPORT NEW YORK STATE FUNDING LEGISLATION FOR COMMUNITY BASED YOUTH PROGRAMS Whereas: Senator Stephen M. Saland and Assemblyman Roger L. Green, Chairmen of the Committees on Children and Families for their respective legislative bodies, are sponsoring legislation, Senate Bill 5394 and Assembly Bill 8673, that would make it possible for increases in funding for Youth Development Delinquency Prevention (YDDP) programs, and Whereas: Under Article 19, Section 420 of the New York State Executive Law, the City of Buffalo's eligibility for 50% reimbursement of funding spent on Youth Development and Delinquency Prevention (YDDP) programs in the areas of youth and recreation was $445,764 in 1990; for the year 2000, funding is set at $221,822-a drop of 57%; and Whereas: In the 1991 state budget, the per capita allowance in the formula was cut in half. The problem was further exacerbated by the 14% decline in Buffalo's youth population count from the 1980 to 1990 Census, and Whereas: S.5394 and A.8673 would set the stage for YDDP funding to be increased to its 1990 level, reversing the decline in funding since that year-. and Whereas: There has not been a cost of living increase for this valuable funding stream for many years; Now, Therefore, Be It Resolved That: This Council supports S.5394 and A.8673, memorializes the NYS Senate and the NYS Assembly to pass this legislation, and urges the Governor to sign this legislation; and Be it Further Resolved That: Page 81 00-0404.txt The City Clerk be directed to forward certified copies of this memorialization to Governor Pataki, to the Clerk of the Assembly, the Secretary of the Senate and to the members of the Western New York State Legislative delegation. ADOPTED. NO. 208 By: Mrs. Martino PERMISSION TO HANG BANNER Whereas: The Bread of Life Church, located at 1638 South Park Avenue, will be sponsoring a "Chicken Barbeque" on Saturday, May 20, and Sunday, May 21, 2000- and Whereas: This annual event is a major fundraiser for the Bread of Life Christian Academy and will help offset the costs associated with running the elementary school, and Whereas: To announce this special event, the Bread of Life Church is seeking permission to hang a banner across South Park Avenue in front of the church office from April 15 to May 22, 2000; and Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to the Bread of Life Church to hang a banner announcing their annual "Chicken Barbeque" to be held on Saturday, May 20, and Sunday, May 21, 2000; and Be It Further Resolved: That said banner will hang across South Park Avenue in front of the church office, located at 1638 South Park Avenue, from April 15 through May 22, 2000, and Be It Finally Resolved: That said banner meet all the requirements set forth by the Department of Public Works and the Corporation Counsel. and that no existing, laws are violated. PASSED. AYES-11. NOES-0. NO. 209 By: Councilmember Martino SOUTH PARK PINETUM RESTORATION GRANT PROJECT Whereas: The City is proud of its landscape heritage and is committed to open space conservation; and Whereas: The Mayor, Common Council, and citizens of the City of Buffalo realize the historic treasure that Frederick Law Olmsted left future generations with his parks system designs; and Whereas: The City of Buffalo, County of Erie, Buffalo Olmsted Conservancy and volunteer and not for profits groups have collaborated successfully on numerous civic improvements projects in Olmsted Parks and greenways. Now, Therefore, Be It Resolved: That Peter Pasnik, as Forester of the City of Buffalo is hereby authorized and directed to file an application for funds in an amount not to exceed $7,500.00 and upon approval of said request to enter into and execute a project agreement with the New York State Department of Environmental Conservation for such financial assistance to this municipality for South Park Pinetum Restoration grant project. PASSED. AYES-11. NOES-0. NO. 210 By: Mr. Pitts APPOINTMENT - LEGISLATIVE AIDE I hereby appoint Jumanne Pitts, 265 Voorhees Avenue, Buffalo, NY 14216 to the position of Legislative Aide, effective March 27, Page 82 00-0404.txt 2000. ADOPTED. NO. 211 By: Mr. Pitts ORDINANCE AMENDMENT CHAPTER 94 - BOILERS AND ENGINEERS The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 94 of the Code of the City of Buffalo be amended to read as follows: § 94-20. Definitions. As used in this chapter, the following terms shall have the meanings indicated: POWER-DEVELOPING UNIT: A. A boiler, or battery of boilers, of any horsepower where the safety valve or valves are set to operate in excess of fifteen (15) pounds per square inch. B. Any stationary steam engine of thirty (30) or more horsepower, singly or combined. C. Any internal-combustion engine of over five hundred (500) horsepower. D. Any steam- or internal-combustion-engine crane of the locomotive type of thirty (30) or more horsepower, except an internal-combustion-engine crane used within the confines of industrial premises or in the course of regular industrial operation. E. Any stationary steam turbine of one hundred (100) or more horsepower, singly or combined. F. A device, apparatus or machine used singly or combined to operate ammonia or carbon dioxide refrigerating units over sixty (60) horsepower or over one hundred (100) horsepower using freon or similar refrigerant. G. [A boiler, or battery of boilers, of thirty (30) or more horsepower, singly or combined, where the safety valves are set to operate at a pressure of fifteen (15) pounds per square inch or less, when used in public buildings or industrial processes not otherwise exempted in this chapter or when used in any building where the return or circulating pump or pumps, singly or combined, connected to such boiler or battery of boilers are more than five (5) horsepower] A boiler, or battery of boilers, of one hundred and fifty (150) or more horsepower, singly or combined, where the safety valve(s) are set at a pressure not exceeding fifteen (15) pounds per square inch, or a hot water boiler, or battery of boilers, of one hundred and fifty (150) or more horsepower, singly or combined, which operate at a press not exceeding one hundred and sixty (160) pounds per square inch, or a temperature of two hundred and fifty (250) degrees Fahrenheit, when used in public buildings or industrial processes not otherwise exempted in this chapter . PUBLIC BUILDING -- Any building or part thereof used as a theater, auditorium, dance hall, skating rink, assembly hall, school, church, hospital, waiting room, exposition and exhibition hall, building used for the sale of articles of general merchandise, hotel, motel, apartment house, lodging house, factory, restaurant, tavern or other drinking place, public laundry, office building and other building to which the public resort and public hall, including any place regularly used by the public for meetings or assembly for the purposes of amusement, instruction or religious worship. A building or structure shall only be considered a public building when such premises is open to the public or otherwise engaged in productive operation. § 94-23. Classification and qualifications of engineers and operators. A. All persons licensed under the provisions of this chapter as engineers or refrigeration operators shall be classified and graded according to the horsepower and pressure of a power- Page 83 00-0404.txt developing unit or units, or any combination of such, constituting a power plant of which they shall be found competent, by due written and practical examination, to take charge of or operate, namely, chief engineers, first class engineers, second class engineers, special engineers, chief refrigeration operators, first class refrigeration operators and second class refrigeration operators. (1) Chief engineers shall be engineers who are found competent to take charge of or operate a power plant of any horsepower and pressure. Every applicant for a license as a chief engineer must pass a written and practical examination as to his qualifications and prove to the examiner that he had three (3) years' actual experience as a duly licensed first class engineer. (2) Every applicant for a license as a first class engineer must pass a written and practical examination as to his qualifications and prove to the Director that he has been duly licensed as a second class engineer for the period of one (1) year immediately preceding. Persons duly licensed as first class engineers shall have authority to take charge of and operate any power plant or power-developing unit or units not exceeding [one hundred fifty (150)] eight hundred fifty (850) horsepower and not exceeding two hundred twenty-five (225) horsepower of refrigeration powerdeveloping units, other than steam driven. (3) Every applicant for a license as a second class engineer must be at least twenty-one (2 1) years of age, have had at least one (1) year's experience in the operation of boilers and/or power plant equipment and, in addition, must have had at least two (2) years of approved mechanical and/or electrical experience, or such applicant must have graduated from a recognized technical school and have had at least one (1) year's satisfactory experience. Persons duly licensed as second class engineers shall have the authority to take charge of and operate any powerdeveloping unit or units not exceeding [one hundred (100)] three hundred fifty Q 50) horsepower and not exceeding one hundred fifty (15 0) horsepower of refrigeration power-developing units, other than steam driven. § 94-26. Plants in continuous operation. A. Where a power plant is in service regularly day and night, in the absence of the chief engineer, the assistant engineers must hold first class engineer's license if the plant exceeds [one hundred fifty (150)] eight hundred fifty (850) horsepower. However, second class engineers may be employed on the same watch with the chief engineer. B. No power-developing unit or units shall be left unattended and without a properly licensed engineer or refrigeration operator of the required grade while in operation. C. One (1) chief engineer may be in charge of more than one (1) power plant as a whole on a general property site of the same owner. D. The provisions of this section are not applicable to hot water heating boilers operating not in excess of thirty (30) pounds per square inch when used for agricultural purposes. It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. REFERRED TO THE APPROVED AS TO FORM Michael B. Risman Corporation Counsel NOTE: Matter in brackets to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE HOME IMPROVEMENT ADVISORY BOARD. NO. 212 By: Ms. Miller-Williams POOR WORKMANSHIP - NEW HOME CONSTRUCTION Whereas: Between 1989 and 1992, MJ Peterson built approximately 80 new homes in the area near North Division, South Division, Spring and Page 84 00-0404.txt Pine Streets in the City of Buffalo; and Whereas: These new homes were sold to low-to-moderate income individuals and families for approximately $60,000, with subsidized grants of $10,000420,000, depending on eligibility; and Whereas: The Ellicott District office has received many complaint calls from homeowners who purchased these newly built homes from MJ Peterson. Among the various complaints have been cracks and leaks in the walls and ceilings due to poor workmanship, inferior electrical wiring, and even termite infestation; and Whereas: One particular complainant, Ms. Edna Overton, has been unsuccessful in trying to resolve construction problems with her new home at 423 North Division Street with MJ Peterson for over two years; Now, Therefore, Be It Resolved: That the Department of Community Development report back to this Council on the process they take to ensure new homes built in the City of Buffalo meet all current building standards for new construction and what type of process is currently in place to assist new homeowners with any problems that occur; and Be it Further Resolved: That representatives of MJ Peterson report to this Council on the procedures they take for dealing with problems that arise after new homes are completed; and Be it Finally Resolved: That representatives from MJ Peterson and the Department of Community Development attend the April 12, 2000 meeting of the Committee on Community Development, at 10:00 am, in Council Chambers, 13" floor of City Hall, to address the specific problems at 423 North Division Street. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 213 By: Mrs. Miller-Williams SET PUBLIC HEARING SOUTH ELLICOTT PHASE 2 URBAN RENEWAL AREA PORTION OF 289 EXCHANGE ST.- 1.9 ACRES WHEREAS, TLC Properties 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 289 Exchange Street in the South Ellicott Phase 2 Urban Renewal Area; 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: I. 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 I0th 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. Page 85 00-0404.txt in the Council Chambers on the 18th of April 2000. ADOPTED. NO. 214 By: Mrs. Miller-Williams SET PUBLIC HEARING OAK STREET REDEVELOPMENT PROJECT NYR- 197 847-877 MAIN STREET APPROVAL - CONTRACT FOR SALE OF LAND FERTILITY ACOUSTICS, INC. WHEREAS, the City of Buffalo Urban Renewal Agency has negotiated a Contract for Sale of land with Fertility Acoustics, Inc. WHEREAS, the terms of said Contract for Sale of Land has been negotiated by the Buffalo Urban Renewal Agency and has been forwarded to your Honorable Body for consideration. 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 7th 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 I 8th of April 2000. ADOPTED. NO. 215 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 Gertrude Darby-Hohnes By Councilmember Pitts Felicitation for Alzada Kerinedy-Darby By Councilmember Pitts Felicitation for Maggie Murray-West By Councilmember Pitts ADOPTED. NO. 216 BY: Mrs. Williams APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2000 , conditional upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: MICHAEL CIMINELLI ELENA T.GRECO-FRIEDRICH SHARON M.H. FISCHER MARY LISA OROSS KAMEL K. ROY Total:-5 ADOPTED. NO. 217 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13 1h Floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, April 11, 2000 at 9:30 o'clock A.M. Committee on Finance Tuesday, April 11, 2000 following Civil Service Page 86 00-0404.txt Committee on Legislation Tuesday, April 11, 2000 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, April 12, 2000 at 10:00 o'clock A.M. Committee on Education Wednesday, April 12, 2000 at 2:00 o'clock P.M. Ancillary Meetings Spec. Comm. on Stadium/Aud Task Force-Intermodal Transportation Presentation Monday, April 10, 2000 at 9:00 A.M. in Room 1417 Budget Committee Monday, April 10, 2000 at 12:00 P.M.-Room 1417 Spec. Comm. on Telecommunications Thursday, April, 6, 2000 at 10:00 o'clock A.M.-Room 1417 Minority Business Enterprise Committee Monday, April 10, 2000 at 10: 00 o'clock A.M.-Council Chambers NO. 218 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Mr. Brown, the Council adjourned at 3:55 P.M. BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #3 COUNCIL PRESIDENT'S OFFICE - 1315 CITY HALL MARCH 23, 2000 PRESENT: ANTHONY M. MASIELLO, MAYOR; MAURICE GARNER, DEPUTY COMPTROLLER-2 ABSENT: JAMES W. PITTS-1. The Journal of the last meeting was approved. NO. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of March 2000 amounting to $20,040.69, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. NO. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of March 2000 amounting to $22,064.63, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-2. Noes-0. NO. 3 The following annuitant was cancelled from the Police Pension Payroll: James B. Ruhle Died 3/10/2000 Received and Filed. NO. 4 On motion by Mr. Garner, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m. Page 87