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HomeMy WebLinkAbout00-0321 00-0321.txt No. 6 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO MARCH 21, 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 00-0321.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, MARCH 21, 2000 AT 2:00 P.M. PRESENT – James W. Pitts, Council President and Council Members Bonifacio, Brown, Coppola, Ellington, Fisher, Fontana, Golombek, Grant, Gray, LoTempio, Martino, and Williams-13. ABSENT – 0 On a motion by Mrs. LoTempio, Seconded by Mr. Fontana, the minutes of the stated meeting held on Page 2 00-0321.txt March 7, 2000 were approved. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT NO. 1 APPOINTMENT OF MEMBERS TO THE EMERGENCY MEDICAL SERVICES BOARD Pursuant to the powers vested in me in Chapter 6 of the Code of the City of Buffalo, I hereby appoint the following members to the Emergency Medical Services Board: APPOINTMENT: Clarke E. Eaton, Jr. 242 Blaine Avenue Buffalo, 14208 Mr. Eaton was previously employed by the City of Buffalo as Director of Manpower Planning and also served as Deputy Director of the Concentrated Employment Program (C.E.P.). He is currently owner of Commercial Construction Management Company in the City of Buffalo. Clarke Eaton is a past member of numerous community organizations, such as, past Vice President of B.U.I.L.D, Board of Directors for the National Conference of Christian and Jews, Inc., Chairman and Assistant Labor Chairman of the N.A.A.C.P. He is also Signatory to Carpenters Local #9, Laborer's Local #210 and Local #9 Operative Plasterers and Cement Masons. Mr. Eaton's term will commence immediately and expire June 30, 2002. He is filling the unexpired term of G. Penn Wettlatifer who is deceased. David J. D'Arata, CPA 142 Chatham Avenue Buffalo, 14216 Mr. D'Arata is a graduate of Niagara University. Dave D'Arata was a Manager of the Tax and Litigation Support Departments of a large local accounting firm. His expertise includes tax strategies, estate planning and litigation support. In 1988 he formed D'Arata & Company. Mr. D'Arata's term will commence immediately and expire June 30, 2002. He is filling the unexpired term of Thomas Higgins, who has resigned. I hereby certify that the above named individuals are fully qualified to serve as a member of the Emergency Medical Services Board REFERRED TO THE COUNCIL PRESIDENT, THE CORPORATION COUNSEL, THE DIVISION OF COLLECTIONS AND THE COMPTROLLER AND THE EMERGENCY MEDICAL SERVICES BOARD FROM THE CITY PLANNING BOARD NO. 2 R. HARPER 206 SCOTT STREET BILLBOARD SIGN ITEM NO. 97, C.C.P. 3/7/00 The City Planning Board at its regular meeting held Tuesday, March 14, 2000, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole Page 3 00-0321.txt sign permits. The applicant seeks to erect an illuminated 14’x48’ x60’ billboard sign at 206 Scott Street. The sign height is 301 above an elevated section of the street. The Planning Board voted to recommend approval of the billboard since the applicant is merely removing a wall mounted billboard that is 101 higher than the one requested and replacing it as a pylon sign. RECEIVED AND FILED NO. 3 SIT-IN RESTAURANT 291 BRYANT STREET The City Planning Board at its regular meeting held Tuesday, March 14, 2000, considered the matter captioned above pursuant to Section 511-56 of the Buffalo Code, Elmwood Business District. The applicant seeks to re-establish the use of the property located at 291 Bryant Street as a restaurant after being closed for more than a year. The permit office referred this request to the Zoning Board of Appeals. The Planning Board voted to receive and file the sit-in restaurant application supporting a favorable decision by the Zoning Board of Appeals. RECEIVED AND FILED FROM THE COMPTROLLER NO. 4 AUDITED FINANCIAL STATEMENTS AND OTHER FINANCIAL INFORMATION OF THE BUFFALO WATER BOARD FOR THE YEARS ENDED JUNE 30, 1999 AND 1998 This is to advise that copies of the Audited Financial Statements and Other Financial Information of the Buffalo Water Board for the years ended June 30, 1999 and 1998 with Report of Independent Auditors, Ernst & Young, LLP, have been distributed to members of the Buffalo Water Board, each Councilmember, the City Clerk, the Mayor, the Comptroller, the Division of Accounting and the Budget Office. This report is available as a public record for inspection by all interested parties. Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested persons. REFERRED TO THE COMMITTEE ON FINANCE AND THE BUFFALO WATER BOARD NO. 5 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION RESERVE FOR CAPITAL APPROPRIATIONS DIVISION OF TREASURY 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 $4,005 in the estimates for the fiscal year beginning July 1, 1999 is necessary in Appropriation Allotments - Page 4 00-0321.txt Division of Treasury - Exempt Items to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 10700096-397200 - Reserve for Capital Budget not otherwise appropriated for any other purpose. The detail of the requirements is set forth below: To: 1000 General Fund 115 59007-474100 Division of Treasury - Equipment (3 Personal Computers) $4,005 Dated: Buffalo, NY, February 24, 2000 RECEIVED AND FILED NO. 6 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION DUNN TIRE PARK 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 $17,200 in the estimates for the fiscal year beginning April 1, 1999 is necessary in Enterprise Fund -Dunn Tire Park, 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 the Dunn Tire Park account Retained Earnings Reserve for Replacements as listed below, not otherwise appropriated for any other purpose. The detail of the requirements are set forth below: From: Enterprise Fund - Dunn Tire Park 50000000-273-000 - Reserve for Replacements $17,200 To: 50004807-473020 Enterprise Fund - Dunn Tire Park Capital Outlay Structural Improvements$17,200 Dated: Buffalo, NY, February 24, 2000 RECEIVED AN FILED NO. 7 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION RESERVE FOR CAPITAL APPROPRIATIONS ENTERPRISE FUND - REFUSE & RECYCLING We, Anthony M. Masiello, Mayor and nthony R. Nanula, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $25,000 in the estimates for the fiscal year beginning July 1, 1999 is necessary in Appropriation Allotments - Enterprise Fund - Refuse & Recycling - Exempt Items to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 10700096-397200 - Reserve for Capital Budget not otherwise appropriated for any other purpose. The detail of the requirements is set forth below: To: Enterprise Fund 52002607 - Collection of Refuse & Recycling, Capital Outlay 474100 - Equipment (Grapple for Excavator) Page 5 00-0321.txt $25,000 Dated: Buffalo, NY, February 25, 2000 RECEIVED AND FILED NO. 8 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION FUND BALANCE We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that increases in the sums of $650,000, $300,000 and $64,553.25 in the estimates for the fiscal year beginning July 1, 1999 is necessary in Appropriation Allotments - BMHA, Tax Adjustment and Data Processing, to meet contingencies which could not have been reasonably foreseen when the budget was adopted. The amounts of increased appropriations will be met from 10700096 -397000 Unreserved Fund Balance, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: To: 17210006-435002 BMHA $650,000 17221008-480101 Tax Adjustment $300,000 10471006-443400 Data Processing - Maintenance Contracts $ 64,553.25 Dated: Buffalo, NY, February 16, 2000 RECEIVED AND FILED NO. 9 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION FUND BALANCE LAW DEPARTMENT We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $1,455,000 in the estimates for the fiscal year beginning July 1, 1999 is necessary in Appropriation Allotments - Law Department - Legal Services, Miscellaneous & Claims, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 10700096 - 397000 Unreserved Fund Balance, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: To: General Fund 10546006 - Law Department 432003 - Legal Services $55,000 480000 - Miscellaneous $200,000 480205 – Claims $1,200,000 Dated: Buffalo, NY, March 1, 2000 RECEIVED AND FILED NO. 10 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS DIVISION OF BUDGET AND MANAGEMENT DIVISION OF ENGINEERING We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the Page 6 00-0321.txt sum of $100,000 be transferred and reappropriated from the Division of Budget and Management, as set forth below: From: Org.-Object 30000106-445 100 Capital Project Fund Division of Budget and Management Planning for Capital Projects $100,000 To: Org. - 30336006 Capital Project Fund Division of Engineering City Wide Traffic Calming Project (design phase) $100,000 Dated: Buffalo, NY, February 24, 2000 RECEIVED AND FILED NO. 11 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS DIVISION OF BUDGET AND MANAGEMENT DIVISION OF ENGINEERING We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $250,000 be transferred and reappropriated from the Division of Budget and Management, as set forth below: FROM Org.-Object 30000106-445 100 Capital Project Fund Division of Budget and Management Planning for Capital Projects $250,000 TO Org.-30040006 Capital Project Fund Division of Engineering $250,000 Niagara Street Reconstruction (design phase continuation) Dated: Buffalo, NY, February 24, 2000 RECEIVED AND FILED NO. 12 GARBAGE DISTRICT AUDIT ITEM NO. 558, C.C.P. 2/22/2000 ITEM NO. 176, C.C.P. 3/7/2000 In regards to the Common Council's request to this office to provide an audit of the Solid Waste & Recycling Enterprise (#558, C.C.P. 2/22/2000), I hereby resubmit the audit of the Solid Waste & Recycling Enterprise for the period October 1, 1996 to June 30, 1998. My predecessor had originally submitted this audit report to the Common Council on August 23, 1999. At this time, this office is not planning a new audit of the Solid Waste & Recycling Enterprise. This office also stands ready to participate in a meeting convened by the Committee on Finance to discuss the recommendations of the Solid Waste & Recycling Enterprise audit and to develop a plan to evaluate and, where appropriate, implement the recommendations (#176, C.C.P. 3/7/2000). REFERRED TO THE COINIMITTEE ON FINANCE Page 7 00-0321.txt NO. 13 RESPONSE TO INFORMATION IN REFERENCE TO THE SALE/LEASEBACK OF 2930-2950 BAILEY AVENUE ITEM NO. 34, C.C.P. MARCH 7,2000 The above referenced item was referred to the Comptrollers Office, Division of Real Estate, for a response. In said item Your Honorable Body requested the following information in reference to 2930-2950 Bailey Avenue: 1. Date of sale and final purchase price - This property was offered for sale at Public Auction on April 2, 1998. The final sale price after spirited bidding in the Common Council Chambers was $82,500 plus a 10% buyer's premium due the Auctioneer for a total of $90,750.00. 2. Length of time property remained on the in-rem list. Due to the fact that this property is a firehouse and former precinct it is considered a capital asset. An in-rem property is one that is taken by the City due to non-payment of taxes. The police station was vacated in 1994 due to consolidation. 3. Name of purchaser - The highest bidder at the auction was Dreamco Development represented by Rosanne Lettieri. 4. How the sale was consummated and lease negotiated - The property was advertised and put into a public auction. The initial terms of sale prior to the auction were negotiated between this office, our Law Department and the auctioneer. The terms were at closing the purchaser will enter into a lease with the city of Buffalo wherein the City will lease the portion of the Fire Dept. is currently utilizing for a term of five years with an option for two additional five year terms. The annual rent would be $4.00 per sq. ft. with the lessee paying its proportionate share of taxes, water and sewer and utility charges. Cost of living adjustments will begin at the end of the second year and will be adjusted annually thereafter throughout the initial term and option periods. The lessor will be responsible for the exterior of the structure and for the mechanicals. The lessee will be responsible for all routines maintenance, minor plumbing and heating repairs, underground tanks and the interior of the space it occupies. These terms were submitted to Your Honorable Body along with the purchase price for approval, pursuant to Item #14, C.C.P. 4/14/98. 5. Who is responsible for paying the utilities - As indicated above utilities shall be paid by a proportionate share. REFERRED TO THE COMMITTEE ON FINANCE NO. 14 RESULTS OF ABANDONMENT & SALE PORTION OF DEMOND PLACE TO M. WILE & COMPANY APPROXIMATELY 24'X 233' ITEM NO. 116, C.C.P. 10/19/99 In the above referenced item Your Honorable Body authorized the Comptroller's Office, Division of Real Estate, to negotiate a sale price for a portion of Demond Place and subject to the finding of a suitable price deemed acceptable by the Comptroller, the Comptroller was authorized to abandon and sell said property. Page 8 00-0321.txt M. Wile & Go., Inc. d/bta Intercontinental Branded Apparel (IBA) is the owner of 77 Goodell, 107 Goodell, 450 North Oak and 587 Ellicott. IBA has owned these properties for many years and is now in the process of selling the same. In the course of having a title report and survey prepared in connection with their property, they discovered that a portion of their property has running through it a portion of Demond Place, approximately 24' x 233'). They indicated that their information was that the State of New York sought to appropriate that strip of land (approximately 24'wide) some time back in the mid to late 1960's but that the appropriation was never completed and the City remains owner of record. IBA owns all the land to either side (east and west) of this portion of Demond Place. In accordance with Article 27, Section 513 & 514 of the City Charter the purchaser has petitioned Supreme Court for the appointment of two appraisers to establish the value of the City's interest in the property. The first appraisal report was performed by Northeastern Appraisal indicating a fair market value of Two Thousand Eight Hundred Dollars ($2,800.00). The second appraisal report was performed by Howard P. Schultz and he has indicated the fair market value to be Two Thousand Dollars ($2,000.00). The report of the appraisers indicates that they have mutually agreed upon affixing the value at Two Thousand Four Hundred Dollars ($2,400.00). The Division of Real Estate concurs with the appraisers estimate of value. Mr. Vincent 0. Hanley of Jaeckle, Fleischmann & Mugel, Fleet Bank, 12 Fountain Plaza, Buffalo, New York is the Attorney representing the prospective purchaser. He is requesting that the purchase offer contract be amended in order to authorize M. Wile & Company, Inc. d/bla Intercontinental Branded Apparel to assign the purchase offer contract to Stephen B. McGarvey (the purchaser of the properties M. Wile currently owns). They anticipate closing the sale of their facility to Mr. MeGarvey on or about March 17, 2000. At the time of closing, M. Wile will assign its rights in and to the Demond Place contract to Mr. McGarvey and he will assume the obligations of M.Wile under the Demond Place contract. I am recommending that Your Honorable Body approve the sale of a portion of Demond Place (approximately 24'x 233') M. Wile & Company, Inc. d/b/a Intercontinental Branded Apparel (IBA) in the amount of Two Thousand Four Hundred Dollars ($2,400.00). 1 am also requesting Your Honorable approve the assignment of M. Wile's purhcase offer contract in reference to the sale of a portion of Demond Place to Stephen B. McGarvey. This office is also recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFRRED TO THE COMMITTEE ON FINANCE NO. 15 CERTIFICATE OF APPOINTMENT Appointment Effective March 20, 2000 in the Department of Data Processing to the Position of Computer Shift Supervisor at the INTERMEDIATE Starting Salary of $36,745 Page 9 00-0321.txt Thomas DeGennaro 257 Esser Ave BUFFALO, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 16 CERTIFICATE OF APPOINTMENT Appointment EffectiveMarch 16, 2000 in the Department of Audit and Control Division of Accounting to the Position of Principal Accountant, Temporary, Appointment at the Intermediate Starting Salary of $47, 890 Margaret T. Burke, 19 Dundee Street Buffalo NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 17 CERTIFICATE OF APPOINTMENT Appointment Effective March 6, 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 $31,330. BONNIE BUTLER, 7 EDITH, BUFFALO, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE PRESIDENT OF THE COUNCIL NO. 18 INFO-NEW CONVENTION CENTER Business Backs the Convention Center Committee As you know, Business Backs t1he Convention Center Committee was organized last summer to put together a business plan for the new convention center Vas private sector committee, which includes CVB Board members, was assembled to thoroughly review (a) economic worthiness, (b) development costs, and potential funding sources for the new convention center Attached please find the Executive Summary outlining the case to build the new convention center. A major focus of this document is the sources funding found on page 6. Al of that backup and studies to support the Executive Summary are available at your request. In addition, KFNICY was engaged to update the 1991 C. H. Johnson study. The economic impact numbers, with up-to-date information, are significantly more impressive than the older study highlighting the new convention center could generate annual economic impact in excess of $112 million. This information was presented to County Executive Giambra and his staff on Wednesday, March, 8. The same presentation was given to Senator Dale Volker and a number of the members of the of the Western New York delegation on Friday, March 10. Plans are for this information to be presented as soon as possible to the City of Buffalo leadership and the County Legislature. The information presented in the Executive Summary will be made public later this week through the media and we wanted to make sure you had this document in advance. If you have any questions, please feel free to call me at 842-6045 or Richard Geiger at 852-0511. Page 10 00-0321.txt REFERRED TO THE STADIUM AND AUD TASK FORCE NO. 19 NEW BUFFALO CONVENTION CENTER The "Business Backs the Convention Center" of the Buffalo Convention and Visitors Bureau has just released a report reconfirming their support for the building of a new Convention Center at the Mohawk Street site. I have filed a summary of the report to allow the Representatives of the Committee to present to the Common Council. Several years ago, the Common Council was very involved in the site selection process which determined the Mohawk site. At the time, we met with the Consultants who were favorable to the Mohawk site. Subsequently, I sat on a Special Site Selection Committee that hired Cannon Design that ultimately confirmed the selection of the Mohawk Street site. This important project is languishing in debates over alternative sites. This situation is causing needless stalemates that will only stop the development of a Center period. Critics of the Mohawk site wrongly argue that there was no public process in this decision. The Common Council held Public Hearings and Committee Meetings around the importance of this project. There were also numerous public discussions sponsored by the Buffalo Convention and Visitor's Bureau. I will call a meeting of the Stadium and Auditorium Special Committee to consider the issue. REFERRED TO THE STADIUM AND AUD TASK FORCE FROM THE COMMISSIONER OF ASSESSMENT NO. 20 MAILING OF PROPERTY TAXES DUE NOTICES CCP 2/22/2000, ITEM 163 In response to the resolution proposed by Councilmember Betty Jean Grant, pursuant to our present statute, Article 30 of the Charter and Code of the City of Buffalo, "Tax and Assessment Collection," the Department of Assessment is required to mail and deliver to the property owner the entire Real Property Tax and Sewer Rent bill by July 1 and payable by July 1 in each year. However, the City of Buffalo does allow for the payment of the current city tax in two (2) installments, July I and December 1, without any interest charged if paid in the month due. The first notice notifying the property owner that the city tax and/or sewer rent remains unpaid is the "Delinquent Tax Notice" mailed on February 1 in each year in accordance with Section 593 of the City Charter. 15,988 delinquent tax notices were mailed on February 1, 2000. These delinquencies represent 16% of the total tax bills (97,002) mailed July 1, 1999. Of the 15,198 notices mailed, 1,294 notices were returned by the Post Office for various reasons: unknown addressee, undeliverable, etc., and 3,411 represent Page 11 00-0321.txt properties that are in arrears and scheduled to be sold by the City of Buffalo on October 23 and 24, 2000. On the issue of mailing a tax bill "when it is due," i.e., first half tax on July 1 and second half tax on December 1, this is not in the best interest of the City because many taxpayers and mortgage institutions pay the entire city tax bill in July. Thus, mailing a tax bill "when it is due" would result in a negative financial impact on the City's coffer. In addition to decreased cash flow, a separate mailing will increase administrative overhead for Divisions of Treasury and Tax, and Data Processing, as well as increase mailing and staffing cost. As a point of information, the Department of Assessment does notify the Buffalo News, neighborhood and community newspapers, and TV and radio media to publish a public service announcement in an effort to remind the taxpayers that the second installment is due in December. We also request the assistance of the District Councilmembers, At-Large-Councilmembers, and the Council President for help to In conclusion, the Department of Assessment is always exploring new and different ways of assisting the taxpayer while always keeping in mind feasibility and cost effectiveness. This office will review the possibility of sending a reminder in December, REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS NO. 21 NOTIFICATION SERIAL #9185 REPEAL NO PARKING EXCEPT JUDGES OF THE 8"' JUDICIAL DISTRICT ON FRANKLIN STREET, EAST SIDE BETWEEN NIAGARA STREET AND WEST EAGLE STREET In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Franklin Street, cast sideAt all times between Niagara StreetExcept and West Eagle StreetJudges of the 8"' Judicial District This action is being taken in order to adjust on-street parking for Judges of the 8ffi Judicial District due to the construction of the new County Court building. (see next 2 serials) Notification Serial #9186 Install No Standing on Franklin Street, east side between Niagara Street and West Eagle Street NO STANDING - INSTALL Page 12 00-0321.txt In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Franklin Street, cast side between Niagara Street At all times and West Eagle Street This action is being taken in order to adjust on-street parking for Judges of the 8"' Judicial District due to the construction of the County Court building. (see previous and next serials) NO PARKING - INSTALL NOTIFICATION SERIAL #9187 INSTALL NO PARKING EXCEPT JUDGES OF THE 8TH JUDICIAL DISTRICT ON FRANKLIN STREET, WEST SIDE BETWEEN WEST EAGLE STREET AND NIAGARA STREET In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY Franklin Street, west side from a point 26' north of West Eagle Street to a point 40' north therefrom PROHIBITED PERIOD At all times Except Judges of the 8h Judicial District This action is being taken in order to adjust on-street parking for Judges of the 8h Judicial District due to the construction of the Erie County Court building. (see previous 2 serials) NOTIFICATION SERIAL #9188 NO STANDING SCHOOL DAYS - INSTALL ON NEW AMSTERDAM AVENUE, NORTH SIDE FROM A POINT 168' EAST OF THE EAST CURBLINE OF NORTHBOUND NEW AMSTERDAM AVENUE TO A POINT 320' EAST THEREFROM NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action Page 13 00-0321.txt supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD New Amsterdam Avenue, north side 7:00 a.m. - 4:00 p.m. from a point 168' east of the east curbline ofSchool Days northbound New Amsterdam Avenue to a point 320' east therefrom This action is being requested as a result of design meetings held between the Elmwood Franklin School, residents of the street and this department. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 22 REPORT OF BIDS DISTRIBUTION SYSTEM IMPROVEMENTS TACOMA, TONAWANDA, WILEY As authorized by your Honorable Body in CCP 35 of September 7, 1999, plans and specifications were prepared and sealed proposals accepted for Distribution System Improvements - Tacoma, Tonawanda, Wiley. I submit the attached report of bids received which were opened in my office at 11:00 a.m. on March 1, 2000: Mar-Wal Construction Company, Inc. 440 Gould Avenue Depew, Now York 14043$ 497,793.66 Sergi Construction 775 Jewett Holmwood Road East Aurora, Now York 14052$ 553,764.45 Sicar Management & Construction, Inc. 1128 Jamison Road Elma, New York 14059$ 561,827.50 Triple R. Development of WNY, Inc. 27 Wyndmoor Court Depew, New York 14043$ 585,473.27 C. Destro Development Company, Inc. 3150 Seneca Street West Seneca, New York 14224$ 588,900.00 Firstrhyme Construction Corp., Inc. 470 Buffalo Road East Aurora, New York 14052$ 638,728.00 Kandey Company 19 Ransier Drive West Seneca, New York 14224$ 666,227.00 Visone Construction, Inc. 79 Sheldon Avenue Depew, Now York 14043$ 682,267.30 MPJ Contracting, Inc. 68 Churchill Street Buffalo, New York 14207$ 712,331.02 I certify that the foregoing is a true and correct statement of all bids received and that Mar-Wal Construction, 440 Gould Avenue, Depew, New York is Page 14 00-0321.txt the lowest responsible bidder complying with the specifications for this project with their bid in the amount of $497,793.66. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with Mar-Wal Construction in the amount of $497,793.66 and authorize a total encumberance of $547,573.02. The engineer's estimate for this work was $ 535,000.00. REFERRED TO THE COMMITTEE ON FINANCE NO. 23 REPORT OF BIDS EMERALD CHANNEL INTAKE REHABILITATION As authorized by your Honorable Body in CCP 39 of June 23, 1987, plans and specifications were prepared and sealed proposals accepted for Emerald Channel Intake Rehabilitation. I submit the following report of bids received which were opened in my office at 11:00 a.m. on March 15, 2000: Buffalo Industrial Diving 53 Hopkins Street Buffalo, New York$ 1,048,348.00 Louis Ciminelli 369 Franklin Street Buffalo, New York$ 1,236,385.00 International Chimney 55 South Long Street Buffalo, New York$ 1,285,498.00 John W. Danforth Company 1940 Fillmore Avenue Buffalo, New York$ 2,209,400.00 I certify that the foregoing is a true and correct statement of all bids received and that Buffalo Industrial Diving, 53 Hopkins Street, Buffalo, New York is the lowest responsible bidder complying with the specifications for this project with their bid in the amount of $1,048,348.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with Buffalo Industrial Diving in the amount of $1,048,348.00 and authorize a total encumbrance of $1,153,183.00. The Engineer's estimate for this work was $1,200,000.00. REFERRED TO THE COMMITTEE ON FINANGE NO. 24 REPORT OF BIDS PHASE III RENOVATIONS 118 E. UTICA STREET FRIENDS TO THE ELDERLY, INC. I advertised for on January 14, 2000 and received the following sealed formal proposals for Plumbing Work; Bowling Lanes & Equipment; Phase III Renovations, 118 E. Utica Street, Friends to the Elderly, Inc., which were publicly opened and read on February 1, 2000. I advertised for on February 22, 2000 and received the following sealed formal proposals for General Construction Work, Heating Work; Electrical Work; Phase III Renovations, 118 E. Utica Street, Friends to the Elderly, Inc., which were publicly opened and read on March 7, 2000. Page 15 00-0321.txt General Construction Montco Construction $ 218,800.00 Wilsandra Construction $ 227,000.00 Vinwell$ 244,224.00 The Hadala Corp.$ 256,000.00 Electrical Work Goodwin Electric$ 52,950.00 Frey Electric$ 56,680.00 Weydman Electric$ 60,250.00 Plumbing Work Numarco$ 33,300.00 Kandefer $ 37,100.00 W. C. Roberson Co.$ 44,200.00 HVAC Work Northeast Mechanical$ 100,000.00 R P Mechanical$ 108,699.00 Bowling Lanes & Equipmen Donoughe Sanding Inc.$ 120,000.00 U S Bowling$ 127,880.00 American Bowling$ 158,380.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that the following firms are the lowest responsible bidders in accordance with the plans and specifications: General Construction: Montco Construction in the amount of $218,800.00. Electrical Work: Goodwin Electric in the amount of $52,950.00. Plumbing Work: Numarco, Inc. in the amount of $33,300.00. HVAC Work: Northeast Mechanical in the amount of $100,000.00. Bowling Lanes & Equipment: Donoughe Sanding in the amount of $120,000.00. Estimate for this work was $600,000.00. 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 30338106 445100 -Division of Buildings. RECEIVED AND FILED NO. 25 REPORT OF BIDS FOR THE REPAIRS TO THE GATES CIRCLE MONUMENT ITEM NO. 26, C.C.P. 01/25/00 ITEM NO. 26, C.C.P. 11/16/99 As authorized and directed by your Honorable Body in Item No. 26, C. C.P. 0 1/25/00, I have advertised and received bids on March 8, 2000 for the Repairs to the Gates Circle Monument. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and materials which will be performed. The final cost of the work will be based on the actual measured quantities of material entering into the work and may be more or less than the total bid. The following bids were received: Contractor Base Bid Building Solutions $128,841.00 Morris Masonry Restoration$144,442.00 Page 16 00-0321.txt Mario Campanella Concrete Co.$195,262.88 Deduct Alternate #1 $17,886.00 $20,000.00 $24,866.00 Deduct Alternate #2 $17,886.00 $20,000.00 $24,866.00 Deduct Altemate #3 $21,950.00 $25,400.00 $28,950.00 Deduct Alternate #4 $22,950.00 $25,440.00 $28,950.00 I hereby certify that the lowest responsible bidder for the above project is Building Solutions. The monument was damaged as a result of a traffic accident from which the City received an insurance settlement of $50,000.00 for repairs. The deduct alternates are prices for repairs to ornate benches at the monument. After a review of the bid documents was completed it was determined that we will accept Deduct Alternates 2, 3 and 4. Therefore, the cost of repairs will be as follows: $128,84 1.00(Base Bid) - $17,886.00(Deduct Alternate #2) - $21,950.00(Deduct Alternate #3) -$22,950.00(Deduct Alternate 44) = $66,075.00. I respectfully recommend that your Honorable Body order the work and the cost thereof to be charged to Public Works Bond Fund 34310506 in and amount of $66,075.00, plus approved unit prices for an additional amount of $6,607.50 for a total encumbrance of $72,682.50. The engineers estimate for this work is $90,000.00. The above is certified to be a true and correct statement of the bids received. Under the provisions of the General Municipal Law any of the bidders may withdraw his bid if the award of this contract is not made by April 20, 2000. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. Lotempio Moved: That the above communication from the Commissioner of Public Works dated March 15, 2000, be received and filed-, and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Repairs to the Gates Circle Monument to Building Solutions, the lowest responsible bidders, to accept Deduct Alternates 2, 3 and 4 as follows: $128,841.00 (Base Bid), $17,886.00 (Deduct Alternate 2), $21,950.00 (Deduct Alternate 3), $22,950.00 (Deduct 4) = $66,075.00. Funds for this project will be charged to Public Works Bond Fund 343 10506 in the amount of $66,075.00, plus approved unit prices for an additional amount of $6,607.50 for a total encumbrance of $72,682.50. Passed. Ayes-13, Noes-0 NO. 26 Page 17 00-0321.txt REPORT OF BIDS TRAVELING WATER SCREEN REHABILITATION As authorized by your Honorable Body in CCP 33 of December 14, 1999, plans and specifications were prepared and sealed proposals accepted for Traveling Water Screen Rehabilitation. I submit the following report of bids received which were opened in my office at 11:00 a.m. on February 23, 2000: Hohl Industrial Services 95 Stark Street Tonawanda, New York 14150$ 149,950.00 John W. Danforth Company 1940 Fillmore Avenue Buffalo, New York 14214$ 197,400.00 I certify that the foregoing is a true and correct statement of all bids received and that Hohl Industrial Services, 95 Stark Street, Tonawanda, New York is the lowest responsible bidder complying with the specifications for this project with their bid in the amount of $149,950.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works to enter into a contract with Hohl Industrial Services in the amount of $149,950.00, and authorize a total encumbrance of $164,945.00. The Engineer's estimate for this work was $160,000.00. REFERRED TO THE COMMITEE ON FINANCE NO. 27 CHANGE IN CONTRACT APOLLO THEATER RENOVATION GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Apollo Theater Renovation, General Construction, C. Nichter, Inc., C #91980200. 1. Furnish and install (2) additional soap dispensers as requested by the Project Architect.Add $ 104.00 2. Field modify acoustical wall panels so that ductwork could clear framing.Add $ 3,113.00 3. Provide temporary heat from November 3, 1999 until the permanent system was available on January 31, 2000.Add $ 7,787.00 The foregoing change results in a net increase in the contract of Eleven Thousand Four and 00/100 Dollars ($11,004.00). Summary:Current Contract Amount $1,902,230.00 Net Change by Previous Change Orders Add $ 257,174.00 Amount of This Change Order (#8) $ 11,004.00 Revised Contract Amount $2,170,408.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect, PC) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 30332806 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 Page 18 00-0321.txt That the above communication from the Commissioner of Public Works dated March 8, 2000, be received and filed, and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 8, to C. Nichiter, Inc., an increase in the amount of $11,004.00, as more fully described in the above communication, for work relating to Apollo Theater Reconstruction, General Construction, C #91980200. Funds for this project are available in CPF 30332806 445 100 -Division of Buildings. Passed Ayes-13, Noes-0 NO. 28 CHANGE IN CONTRACT MAIN TUPPER POLICE PRECINCT GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Main Tupper Police Precinct, General Construction, C. Nichter, Inc., C #91994200. 1. Excavation of obstructions encountered during the augering for caissons that could not be removed utilizing the standard drilling techniques. Add $ 8,397.00 2. Revisions to piers A-1, B-1, C-1 and to the founda- tion wall along column line 1 due to an exterior change in grade.Add $ 9,150.00 3. Increase wall thickness along column line A between columns 5 and 7 as directed by the Principal Architect. Add $11,451.00 4. Remove existing vault slab found along Main Street that was not indicated on the contract documents. Add $ 2,031.00 5. Furnish and install rolling fire shutters at 2 interior windows in order to meet code requirements for a one-hour separation. Add $ 5,092.00 6. Furnish and install cove glazed block in lieu of the cove vinyl base where glazed block walls occur. Add $ 805.00 7. Form and pour a 30" x 30" sump pit complete with angle frame at the elevator pit. Add $ 759.00 8. Furnish and install 960 sq. ft. of foundation insulation not indicated on the contract documents. Add $ 1,150.00 9. Form steps in foundation of retaining walls where originally indicated on contract documents as a fixed elevation.Add $ 2,650.00 10. Furnish and install reinforcing steel along the foundation wall between columns E5 and E7. Add $ 272.00 11. Remove existing unstable rock and revise foundation to accommodate existing 8" gas line at canopy towers along Main Street. Add $ 8,471.00 12. Increase foundation wall thickness along Tupper St. and revise pier with the northeast corner as directed by the Project Architect.Add $ 7,150.00 13. Furnish and install 6'-0" high lockers in lieu of the 5'-0" high lockers specified as requested by the Police Department.Add $14,091.00 The foregoing change results in a net increase in the contract of Seventy One Thousand Four Hundred Sixty Nine and 00/100 Dollars ($71,469.00). Page 19 00-0321.txt Summary: Current Contract Amount $ 2,986,940.00 Amount of This Change Order (#4) $ 71,469.00 Revised Contract Amount $ 3,058,409.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Foit-Albert Associates) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 34320206 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. REFERRED TO THE COMMITTEE ON FINANCE NO. 29 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. Removing additional asbestos material discovered in 13 of the existing light fixtures. Add $ 1,020.00 The foregoing change results in a net increase in the contract of One Thousand Twenty and 00/100 Dollars ($1,020.00). Summary: Current Contract Amount$ 539,000.00 Revised Contract Amount $ 1,020.00 Amount of This Change Order (#1) $ 540,020.00 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. Mrs. Lotempio Moved: That the above Communication from the Commissioner of Public Works dated March 14, 2000, be received and filed, and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to Summit Construction Group, an increase in the amount of $1,020.00, as more fully described in the above communication, for work relating to Precinct II Renovations, General Construction, C #92010135. Funds for this project are available in CPF 30337706 445 100 -Division of Buildings. Passed Ayes-13, Noes-0 NO. 30 REPORT OF BIDS SHEA'S PERFORMING ARTS CENTER RESTORATION OF HOUSE EXTERIOR I advertised for on February 1, 2000 and received the following sealed formal proposals for Shea's Performing Arts Center, Restoration of House Exterior, which were publicly opened and read on March 7, 2000. Base BidAlt No. Page 20 00-0321.txt 1 Summit Construction$1,222,000$10,000 C & D Waterproofing$1,285,000$25,000 Sicoli & Massaro$1,392,600 $23,500 C Nichter$1,547,300 $12,100 Alpha Masonry$1,560,944$ 9,800 Lancet Arch$1,736,900$33,100 Alternate No. I is for the following work at marquee on west elevation: Prepare a// exposed surfaces for painting, including the removal of rust, dirt and loose paint. Patch holes, sand, prime and paint in multi-colors and as shown and noted on drawings. I hereby certify that the foregoing is a true and correct statement of all bids received and that Summit Construction, with a Base Bid of $1,222,000, add Alternate No. 1 for $10,000, for a total amount of One Million Two Hundred Thirty Two Thousand and 00/100 Dollars ($1,232,000.00) is the lowest responsible bidder in accordance with the plans and specifications. Total estimate for this work was $1,200,000. 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 to be charged to CPF 39232006 445100 - Division of Buildings. Mrs. LoTempio moved That the above communication from the Commissioner of Public Works dated March 7, 2000, be received and filed, and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Shea's Performing Arts Center, Restoration of House Exterior, to Summit Construction, the lowest responsible bidder, with a Base Bid of $1,222,000, add Alternate No. 1 for $10,000, for a total amount of $1,232,000.00. Funds for this project will be available in CPF 3923 )2006 445 100 - Division of Buildings. PASSED AYES -13 NOES - 0 NO. 31 DEMOLITIONS PERFORMED BY CITY DEPARTMENT ITEM NO. 66, C.C.P. 2/22/00 Members of the Council's Budget Committee have asked this department to file a report on the number of demolitions that we have performed with our in-house crew. We have also been asked t comment on the status of our equipment used for demolition purposes. Since the start of this program, we have demolished ninety-one (91) structures. The following equipment is being utilized by the crew. Leased Vehicles: Excavator Track Dozer Purchased Vehicles: Tractor and Lowboy Trailer Highlift Dump Truck Trailer 2 Pick-up Crew Trucks REFERRED TO THE COMMITTEE ON BUDGET Page 21 00-0321.txt NO. 32 FIRE DEPARTMENT-FUEL DISPENSING SITES In reply to your correspondence of January 26, 2000 1 am outlining below the contract status of underground fuel tank work associated with the Fire Department. Phase I Ladder 11 - Removal of a 1500 gallon gasoline tank on 12/9/98. $3,000.00 Service Station - Removal of a 1500 gallon gasoline tank on 12/23/98. $4,000.00 Engine 23 - Removal of contaminated soils where tank had been removed previously. $11,000.00. Work complete. Phase II Engine 25/Former Precinct 9 - Removal of three (3) tanks and installation of a new diesel tank. $86,324.00. New tank operational and site restored. Phase II-2 Locations where tanks are to be removed: Engine 24300.00Complete Engine 94100.00Complete Engine 104,250.00Scheduled week 2/28/00 Engine 185,300.00Complete Engine 195,600.00Scheduled for April 2000 Engine 213,900.00Complete Engine 223,900.00Scheduled for week of 2/7/00 Engine 264,600.00Complete Engine 283,800.00Complete Engine 333,800.00Complete Engine 354,900.00Complete Engine 384,300.00Complete Locations where existing tanks are to be removed and new tanks installed: Engine 1 $31,500.00 Installed; waiting for electrical and start-up. Completion /25/00. Engine 3 $31,500.00 Scheduled to begin 3/l/00. Engine 4 $31,500.00 Scheduled to begin 3/13/00. Engine 24 $31,500.00 scheduled to begin 2/7/00. Engine 31 $31,500.00 Installed. Completion 2/4/00. Engine 32 $31,500.00 Installed; waiting for electrical and start-up. Completion 2/25/00. Engine 34 $32,000.00 Installed; waiting for electrical and start-up. Completion 2/18/00. Engine 36 $31,500.00 Installed. Completion 2/4/00. Engine 37 $31,500.00 Installed; waiting for electrical and start-up. Completion 3/3/00. Ladder 12 $31,500.00 Installed; waiting for electrical and start-up. Completion 3/10/00. Engine 16 - Upgrade of tank only. $22,500.00. To begin 2/7/00. Please note that the costs listed above for Phase 11-2 do not include associated expenses for electrical, contaminated soil, site restoration, etc. If desired, this information can be provided at project completion. If you need any further information on these particular contracts, please don't hesitate to call. Page 22 00-0321.txt REFERRED TO THE COMMITTEE ON LEGISLATION NO. 33 IN-HOUSE DEMOLITION CREW At their meeting of March 13, 2000, the Council's Budget Committee requested that I provide our estimates for equipment and personnel necessary to expand our in-house demolition program. The following personnel and equipment will be necessary for a second demolition crew.- Labor: 2 Laborer 1$46,884 Heavy Equip. Operator30,708 Truck Driver28,317 Total:$105,909 per year Equipment: Pickup Truck$22,000 Excavator160,000 Total:$182,000 The excavator may be leased for $42,000 per year. REFERRED TO THE COMMITTEE ON BUDGET NO. 34 JEFFERSON AVE. COMMERCIAL STRIP RE-DEVELOPMENT PROJECT Respectfully request Your Honorable Body's authorization to enter into an agreement with an architectural/engineering firm for the development, design, and bidding for the Jefferson Ave. Commercial Strip Re-development Project. Funds for this consultant will be available from capital project funds approved in the 1999-2000 Capital Budget. Mrs. Lotempio Moved: That the above communication from the Commissioner of Public Works dated March 10, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to enter into an agreement with an architectural/engineering firm for the development, design, and bidding for the Jefferson Avenue Commercial Strip Re-development Project. Funds for this consultant will be available from capital project funds approved in the 1999-2000 Capital Budget. PASSED AYES -13 NOES – 0 NO. 35 LEASE AMENDMENBROADWAY MARKET The Broadway Market Board has requested that the City amend the existing lease for the Market as follows.. 1 .That the City be responsible for all utility costs. Tenant reimbursements currently going to the Market will be deposited with the City. The Market expects future utility costs to be $15,000. 2.That the City retroactively reimburse the Market for its energy cost since the start of the 1999- 2000 fiscal year. The amount of this reimbursement will be determined by an audit to be performed by the Comptroller. 3.That the Comptroller be granted the right to audit the finances of the Market as the Comptroller sees fit. The Board has also requested that utilities purchased Page 23 00-0321.txt for use at the Market be purchased through thE City's bulk utility purchasing plan. Although I have no objection to this, I think that we need to look at the way to receive the best possible rates. The Market is currently in the Economic Development Zone, and as such, may be eligible to receive discounts on power costs exceeding the benefit of joining our aggregation. I respectfully request that Your Honorable Body authorize the Corporation Counsel to draft the appropriate Lease Agreements and that you authorize the Mayor to execute this amendment on behalf of the City. REFERRED TO THE COMMITTEE ON FINANCE NO. 36 PERMISSION TO ENGAGE SERVICES CONSULTING ENGINEER DAVIS STREET WATERLINE REPLACEMENT The Division of Water requests permission from your Honorable Body to engage the services of a Consulting Engineer for the design of the Davis Street waterline replacement. The proposed work will be on Davis Street between Genesee Street and Jefferson Avenue. Community Development is constructing new, single family homes on Davis Street. The existing watermain is a four inch watermain and dates to 1884 and is unable to provide sufficient flow for the proposed sub-division. Engineering costs are estimated to be $23,000. Funds are available in the Division of Water's Capital Improvement account. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated March 13, 2000 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to engage the services of a Consulting Engineer for the design of the Davis Street waterline replacement. Funds for this project are available in the Division of Water's Capital Improvement account. PASSED AYES -13 NOES - 0 NO. 37 PERMISSION TO PREPARE PLANS & SPECIFICATIONS AND ADVERTISE FOR PROPOSALS FOR THE REPLACEMENT OF TREE ROOT DAMAGED SIDEWALK CITY WIDE - 2000 GROUP #523 I hereby request permission from your Honorable Body to prepare plans, specifications and advertise for sealed proposals for the Replacement of Tree Root Damaged Sidewalks City Wide - 2000, Group #523. This project is included in the 1999-2000 Capital Improvements Budget and will involve the replacement of "tree root damaged" sidewalk along with associated items. Funds for this project are available in our infrastructure improvements bond 99-2000, account #34310506. The Engineers Estimate is $500,000.00 Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated March 15, 2000 be received and Page 24 00-0321.txt filed, and That the Commissioner of Public Works be, and he hereby is authorized to prepare plans, specifications and advertise for sealed proposals for the Replacement of Tree Root Damaged Sidewalks City Wide - 2000, Group #523. Funds for this project are available in infrastructure improvements bond 99-2000, amount 934310506. PASSED AYES -13 NOES - 0 NO. 38 REQUEST FOR TRAFFIC SIGNAL INSTALLATION INTERSECTION OF KENSINGTON AVENUE AND POULTNEY AVENUE ITEM #184, C.C.P. 3/7/2000 This is in response to Item #184 of March 7, 2000 which requested that a traffic control signal be installed at the intersection of Kensington and Poultney Avenues. The Department of Public Works-Traffic Engineering Section has scheduled a traffic study/warrant analysis for this location, which will be conducted in the summer of 2000. Upon completion of this study, this department will inform Your Honorable Body of our findings and conclusions. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 39 WASTE TRANSFER STATION EXPANSION At the Budget Committee Meeting of March 13, 2000, this department was requested to file an estimate on the cost to double the capacity of the East Side Transfer Station. The Commissioner of Streets & Sanitation indicates that he will need approximately $500,000 for additional equipment. We have estimated that the demolition of the existing structures, and the construction of a facility capable of handling 200,000 tons per year, would cost $2.7 million. This assumes that we would not encounter any major environmental problems. If a new site is to be considered, we anticipate the need for at least an additional $1 million to do the environmental reviews required by the State Environmental Quality Review Act and to apply for new permits. REFERRED TO THE COMMITTEE ON BUDGET NO. 40 APPT. TRAFFIC SIGNAL SPECIALIST SUPERV I Appointment Effective: March 10, 2000, in the Department of public Works Division of Engineering to the Position of Traffic Signal Specialist Supervisor I Permanent Appointment at the Intermediate Starting Salary of: $ 29,382 Gerald E. Lewandowski, 173 Eden St., Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 41 M. OVERDORF-COMM. ASSN. - CONCERNS-POLICE Page 25 00-0321.txt PATROL, ETC. ITEM 965, CCP FEBRUARY 22, 2000 There have been two meetings held due to the concern over this issue. On 2/8/00 Chief of Patrol Ramunno, A District Captain Edward Hempling and myself met with Councilmember Fontana. The following day the same group met with Councilmember Martino. The reasons behind our staffing levels were explained in detail and seemed reasonable to all parties present. It was also agreed upon that if there are specific problems that they should be addressed through the district commander. If deemed appropriate the district commander will then request specific details that can be monitored closely to see if were getting the desired results. We believe that this is a much more efficient way to manage our resources. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION NO. 42 INFO ERIE COUNTY TAKEOVER CENTRAL BOOKING 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 include discussions with the Sheriff's 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 Sheriffs 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 forward 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. 43 APPT ASST. CORP COUNSEL II Appointment Effective: March 6, 2000in the Page 26 00-0321.txt department of: Police To the position of Corporation Counsel II, Permanent Non-Competitive at the Maximum Starting Salary of: $ 64,092 Susan P. Wheatley,26 Burke Drive, Buffalo, New York 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 44 APPT FIRE CAPTAIN PERM Appointment effective March 18, 2000 in the Department ofFire to the position of Fire Captain at the permanent promotion at the flat Starting salary of: $56,020 James Miner, 7062 Taylor Road Hamburg, 14075 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 45 APPT FIRE CAPTAIN PERM Appointment effective March 18, 2000 in the Department ofFire to the position of Fire Captain at the permanent contingent promotion at the flat Starting salary of: $56,020 Michael Biasello, 13750 Parker Road, Holland, 14080 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 46 APPT FIRE LIEUTENANT PERM Appointment effective In the Department of Fire to the to the position of Fire Lieutenant Permanent Promotion at the Starting salary of: $53,314 Charles Manley, 54 East Royal, Orchard Park, 14127 Philip Losi, 308 West Delavan, Buffalo, 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 47 APPT FIRE LIEUTENANT PERM CONT Appointment effective in the Department of Fire to the position of Fire Lieutenant Perm Cont. at the flat Starting salary of: $53,3 14 Douglas Lash, 4660 Ransom Road, Clarence, 14031 Mark Victor, 381 Homestead, N. Tonawanda, 14120 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 48 BROADWAY-FILLMORE WORK FORCE 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. 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 Page 27 00-0321.txt available through the Workforce Investment Act. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 49 MINORITY UTILIZATION REPORT 1999-2000 As per the request of the Minority Business Enterprise Committee, I have attached the 1999-2000 Minority Utilization Report. REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE NO. 50 INFO-303 NORTH STREET & BERGERS BLDG Per your request dated March 3d, 2000, (copy enclosed), I am submitting the following information. A. Questions pertaining to 303 North Street. One of the questions pertained to the availability of funds during the operation of the HOME Rental Rehabilitation program. I submit to you that at no time since the inception of the HOME Rental Rehabilitation Program has any applicant been denied funding due to a lack of available HOME funds. Another question requested information as to "... the degree to which HOME Rental Rehabilitation funds have been usedfor low income property owners. ". The goal of the HOME Rental Rehabilitation Program is to provide safe, affordable and decent housing to low to moderate-income tenants. This is accomplished by providing low interest loans to investment property owners whom in turn agree to provide rental units to low to moderate income tenants for the fifteen (15) year loan period. HOME funds are used to provide housing to those families at 80% of the Area Median Income or less. The current Area Median Income is: The final question regarding the HOME Rental Rehabilitation Program pertained to the loans granted under the program, and the respective addresses. I have enclosed a chart showing the (1) loan amount, (2) property address, and (3) amount of units. Figures available in The City Clerk’s Office. B. Questions pertaining to the Berger's Building The first question pertaining to the Berger's Building was a request for an update of the repairs. I have enclosed a separate report outlining the scheduled work to be performed. The final question was a request for the status of the developer's efforts to secure private financing for the Berger's Building project. To date, Ellicott Development has assembled their financial package for submission to HSBC, M&T Bank, Evans Bank, and CitiBank. They are in the process of completing their analysis, market study, and appraisal for the project. Ellicott Development and expects to secure a commitment on the financing for this project within the next forty-five to sixty (45) to (60) days. Ellicott Development has also had several discussions with representatives of Fannie Mae, who has expressed a strong interest in providing substantial equity financing for this project under its American Communities Program. I trust this information answers the questions this Page 28 00-0321.txt honorable body has posed in its March 3rd, 2000 communication. If you should have any further questions, please do not hesitate to call my office at ext. 4913. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 51 RESULTS OF NEGOTIATIONS 106 BARTON, 147.27 N FERRY VACANT LOT: 341 X 1501 ASSESSED VALUATION $5,500 The Department of Community Development, Division of In-Rem Properties, has received a request to purchase 106 Barton from Mr. Joseph E. and Mrs. Lucy Reggie-Maurawski, 387 Parker Street, Buffalo, New York 14216, to purchase the above captioned vacant lot. Mr. & Mrs. Maurawski intend to use the property for additional yard space, which is adjacent to their property at 102 Barton Street. The Department of Community Development and the Division of Collections have no objection to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by William Kushman, Jr., appraiser, Kushman Appraisal Service Inc.,P.O. Box 828, Buffalo, New York 14231. He has estimated the value of the property to be Five Hundred Dollars ($500), which is Nine Cents (.09) asquare foot. The Division of In-Rem Properties has investigated the sales of similar properties in the area. Sales prices range from Sixteen Cents (.16) to Thirty-Three Cents (.33) a square foot. The results of our negotiations are that Mr. and Mrs. Maurawski have agreed and are prepared to pay Eight Hundred Dollars ($800), Sixteen Cents (.16) a square foot, for this parcel. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 106 Barton Street to Mr. and Mrs. Maurawski in the amount of Eight: Hundred Dollars ($800). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 52 RESULTS OF NEGOTIATIONS 20 WEST, 178.50' NW CAROLINA VACANT LOT 34’X 90’ ASSESSED VALUATION $4,900 The Department of Community Development, Division of In-Rem Properties, has received a request from Mr. Florentino Hernandez,16 West Avenue, Buffalo, New York 14201, to purchase the above captioned property. Mr. Hernandez intends to use the property for extra yard space, which is adjacent to his property at 16 West Avenue. The Department of Community Development and the Division of Collections have no objection to the sale. Page 29 00-0321.txt There are no outstanding code violations, taxes or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Mr. Michael W. Heigel of Able Realty Company, 148 South Marlin Road, Grand Island, New York 14072. He has estimated the value of the parcel to be One Thousand Dollars ($1,000). The Division of In-Rem Properties concurs with the estimate of value. The results of our negotiations are that Mr. Hernandez has agreed and is prepared to pay One Thousand Dollars ($1,000) for this parcel. Mr. Hernandez has also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 20 West Avenue to Mr. Florentino Hernandez in the amount of One Thousand Dollars ($1,000). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 53 RESULTS OF NEGOTIATIONS 210 RILEY, 2141 E MASTEN VACANT LOT:40' X 106’ ASSESSED VALUATION: $2,100 The Department of Community Development, Division of In-Rem Properties, has received a request from Mrs. Rebecca Patterson, 198 Riley Street, Buffalo, New York 14208. Mrs. Patterson owns and resides at 198 Riley Street, owns the vacant lots at 200 and 206 Riley Street, which are adjacent to 210 Riley Street and intends to use the property for additional yard space. The Department of Community Development and the Division of Collections have no objection to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Mr. David A. Burnett of Arrow Appraisal, 3790 Broadway Street, Cheektowaga, New York 14227. He has estimated the value of the parcel to be Three Hundred Dollars ($300), Seven Cents (.07) a square foot. The Division of In-Rem Properties has investigated the sales of similar properties in the area. Sales prices range from Sixteen Cents (.16) to Thirty-Eight Cents (.38) a square foot. The results of our negotiations are that Mrs. Rebecca Patterson has agreed and is prepared to pay One Thousand Dollars ($1,000), Twenty-Four Cents (.24) a square foot, for this parcel. She has also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 210 Riley Street to Mrs. Rebecca Patterson in the amount of One Thousand Dollars ($1,000). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 54 Page 30 00-0321.txt SECOND HAND DEALER 3419 BAILEY 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 3419 Bailey and find that as to form it is correct. I have caused an investigation into the premises for which said application for a Second Hand Dealer License is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspector, I find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Henry Pope. The attached thereto for Henry Pope d/b/a ClaraBelle Antiques located at 3419 Bailey. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 55 SOLICITATION OF FUNDS Attached is an application for Solication of Funds for ninety-one Charity Golf Classic to solicit funds in the Buffalo area from April 15, 2000 to May 15, 2000. In accordance with Chapter 316, Article VI of the City of Buffalo Ordinances, I hereby refer this matter to your Honorable Body. Mrs. LoTempio moved: That the above Communication from the Commissioner of Community Development dated March 9, 2000, be received and filed, and That pursuant to Chapter 3 16, Article VI of the City Code, the Director of Inspections, Licenses and Permits be, and lie hereby is authorized to grant Ninety One Charity Golf Classic an exemption to solicit funds in the City of Buffalo from April 15, 2000 to May 15, 2000. PASSED AYES -13 NOES - 0 NO. 56 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 29 BRUNSWICK, (CITY OWNED -TWO FAMILY DWELLING) LOT SIZE: 33' X 103' ASSESSED VALUATION: $28,500 The Department of Community Development has surveyed the city-owned vacant home at 29 Brunswick Street. The home is situated on a lot 33' x 103'. It has been determined that the property inappropriate for either the construction of new housing or needed for public purposes. Mr. Ron Talboys from Habitat for Humanity, 9511 Keller Road, Clarence Center, New York indicated that Habitat for Humanity will restore the two family home back to its original design, a one family home. Habitat has agreed to acquire the property in accordance with the Urban Homestead Program and I transfer the restored single family home to an income qualified family for One Dollar ($1.00). Habitat identified Rosemary Watson and family as the eligible purchasers. We are recommending that the City-owned vacant home be designated as a Homestead Property an Page 31 00-0321.txt transferred to Habitat for Humanity on the following conditions; that the property is repaired and improve within eighteen (18) months; and that the property be transferred to a qualified low income homesteader who will occupy and maintain the property for a period of at least 36 months. We further recommend that the Corporation Counsel prepare the necessary documents for the transfer c title and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the property known as 29 Brunswick be designated as Homestead Property, and That the Commissioner of Community Development be and he hereby is authorized to transfer 29 Brunswick to Habitat for Humanity for the Dollar($1.00) on the condition that the property is repaired and improved within 18 months, that the property be transferred to a qualified low income homesteader who will occupy and maintain the property for a period of at least 36 months, and That the corporation Counsel is authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. PASSED AYES-13 NOES-0 NO. 57 USED CAR DEALER 2129 FILLMORE 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 2129 Fillmore 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 Demetrius Gray. The attached thereto for Demetrius Gray d/b/a Dewey's Auto Sales located at 2129 FIllmore. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 58 USED CAR DEALER 700 WITARY RD. 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 700 Military Rd. 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 Jason Nichols. The attached thereto for Jason Nichols d/b/a Inspectors Choice located at 700 Military Rd. This request is submitted for your approval or whatever Page 32 00-0321.txt action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 59 ACCOUNTING OF GARBAGE USER FEE This is in response to your resolution requesting an accounting of the costs and revenues associated with the Solid Waste Enterprise Fund. I have attached Exhibits E-7 (Statement of Revenues) and E-9 (Statement of Expenditures and Encumbrances) from the Comptroller's Annual Financial Reports for the Fiscal Years ended June 30, 1997, 1998 and 1999. These documents provide the accounting that was requested. The Division of Accounting can provide a detailed explanation of these documents. The resolution also asks for a breakdown of the revenues generated by the user fee as well as an accounting of all outstanding bills. I asked the Division of Data processing to prepare a report breaking down revenues and accounts receivable by the categories detailed in the resolution. This report is attached. For an explanation of the methodology employed in developing this report contact James Seguin, Systems Analyst, Division of Data Processing. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON BUDGET NO. 59 ACCOUNTING OF GARBAGE USER FEE This is in response to your resolution requesting a report on whether savings have been realized from the city demolition program. At the March 13, 2000 Budget Committee meeting Commissioner Giambra reported that the city had performed 91 demolitions since the inception of the program. I have data on 88 of these demolitions (see attached list). The cost of these demolitions ranges from a low of $728.81 to a high of $21,729.49 for an average cost per demolition of approximately $5,979. At the same meeting Deputy Commissioner Pawlik estimated that we pay private contractors $7,200 per demolition on average. Employing these figures, we have saved approximately $1,221 per demolition for a total savings of $107,448 on the 0830 demolitions performed. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON BUDGET NO. 60 DEMOLITIONS PERFORMED BY CITY DEPARTMENTS This is in response to your resolution requesting a report on whether savings have been realized from the city demolition program. At the March 13, 2000 Budget Committee meeting commissioner Giambra reported that the city had performed 91 demolitions since the inception of the program. I have data on 88 of these demolitions (see attached list). The cost of these demolitions ranges from a low of $728.81 to a high of $21,729.49 for an average cost per demolition of approximately $5,979. At Page 33 00-0321.txt the same meeting Deputy Commissioner Pawlik estimated that we pay private contractors $7,200 per demolition on average. Employing these figures, we have saved approximately $1,221 per demolition for a total savings of $107,448 on the 88 demolitions performed. I trust this answers your inquiry. REFERRED TO THE COMMITTEE ON BUDGET NO. 61 RESIDENCY REPORT Attached is a copy of a residency report. The status of some investigations is unknown to the Labor Relations Division as the investigations were conducted through the Division of Civil Service and did not result in disciplinary proceedings. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 62 MONTHLY REPORTS FROM RESIDENCY OFFICER (#164 CCP FEB. 22,2000) Please be advised that the Residency Investigator is now under the Division of Labor Relations and this request should be directed to them. RECEIVED AND FILED NO. 63 APPT. ADMINISTRATIVE LAW JUDGE Appointment Effective January 1, 2000 in the Department of Administration and Finance Division of Administrative Adjudication to the Position ofAdministrative Law Judge Temporary Appointment at the Flat Starting Salary of: $ 13.75/hr. Jeffrey M. Priore, Esq.,1807 Elmwood Avenue, Buffalo, NY 14207 Ann R. Pinzler, Esq.,391 Jersey Street, Buffalo, NY 14213 Gary A. Gerace, Esq.,3960 Harlem Road, Suite 7C,Snyder, NY 14226 Daniel E. Wisniewski, Esq.,385 Franklin Street,Buffalo, NY 14202 Randall J. Kay, Esq.,6 McKinley Parkway,Buffalo, NY 14220 Gregory A. Fina, Esq.,262 Euclid Avenue,Kenmore, NY 14127 Ann T. Hanulak, Esq., 2140 Eggert Rd, Amherst, NY 14226 Thomas J. Navarro Jr. Esq., 147 Marine Dr. Apt 12d, Bflo NY 14202 REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE DEPARTMENT OF ADMINISTRATION AND FINANCE NO. 64 APPOINT HEARING OFFICER Appointment Effective: January 1, 2000, in the Department of Administration and Finance Division of Parking Enforcement to the Position of Hearing Examiner Seasonal Non-Competitive at the Flat Starting Salary of: $110/day Gary A. Gerace, 67 Stevenson Street, Buffalo 14220 Jeffrey M. Priore,1807 Elmwood Avenue, Buffalo 14207 Page 34 00-0321.txt Gregory A. Fina,1962 Delaware Avenue, Buffalo 14216 David Shapiro,195 Voorhees Avenue, Buffalo 14214 Daniel Wisniewski, 534 Highgate Avenue,Buffalo 14215 Randall LT. Kay, 6 McKinley Circle, Buffalo 14220 Michael P. Clohessy, 367 Tremont St. : 367 Tremont Buffalo 14120 John Garrity, 96 Beard Avenue, Buffalo 1421-4 REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND ADMINISTRATION AND FINANCE FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION NO. 65 INNER HARBOR PLANS Plans for the Inner Harbor Development by Matthews-Niclson have been reviewed by the Forester and Commissioner of Parks. They have been approved and will be available for viewing at the Delaware Labor Center, 17 Meadoivview Place, from 8am - 4pm, Monday through Friday. RECEIVED AND FILED NO. 66 APPT SENIOR COUNSELOR Appointment Effective March 6, 2000, in the Department ofHuman Services Parks and Recreation Division of Substance Abuse Services to the Position of Senior Counselor Provisional Appointment at the Maximum Starting Salary of $36,633.00 Arleen Filipski, 653 Fulton Ave.,Buffalo 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF GENERAL SERVICES NO. 67 APPT SENIOR CLERK Appointment Effective: March 2, 2000, in the Department of General Services Division of Purchase to the Position of Senior Clerk Temporary Appointment at the Maximum Starting Salary of: $ 28,243 Rachelle Malek, 1147 Hartwell Rd.,Buffalo NY 14216-1703 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BOARD OF EDUCATION NO. 68 PARKING AT SCHOOL #44 - BROADWAY PERSON STS.(#190 CCP MAR. 7, 2000) #190 CCP MARCH 7, 2000 I spoke with Mr. Ferrentino, Assistant Principal of School #44 concerning the parking situation at School #44 as referenced in the attached correspondence from the Common Council. Mr. Ferrentino assured me that the school administrators have regularly informed the school staff that neighbors want them to park in the school lot. There is no work rule or contractual language to force school employees to park only in the school lot. The signage suggested in Mrs. LoTempio's resolution may Page 35 00-0321.txt solve the problem near the Broadway-Person intersection, only to move it down the street. This is the jurisdiction of Public Works and the Buffalo Police Department. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 69 JOHNSON-FILLMORE/LEROY BLOCK CLUB REQ. POLICY CHANGE-LAIDLAW BUS COMPANY The Buffalo Public Schools received a letter from Mr. William Johnson, President of the Fillmore-Leroy Block Club Council concerning the safety of students after they have been dropped off by their school busses. As a starting point, let us take a moment and describe to you the existing scope and policy of the Buffalo City School District for our transportation program. Each school day over 27,000 students are dropped off of yellow school busses in the City of Buffalo. Additional 10,900 students make their way home each afternoon on Metro busses with passes supplied by the district. In addition, over 11,000 elementary grade students and almost 4,000 secondary grade students are classified as walkers and find their own way home each afternoon. As you can see, the numbers are large and the ability to keep these children safe requires all of us in the community to focus our continuous attention on this issue. Following are some of the ways the district uses to keep our children safe: One way school districts attempt to control the cost of transportation is to create centralized bus stops that require students to walk farther to keep the bus rides shorter. For many years now, our district has chosen just the opposite of this approach and followed a deliberate policy of creating more bus stops located closer to students' homes for their safety. Our district has also always listened closely to the concerns of parents and made adjustments to bus stops based on those concerns. If a parent calls and says that they do not feel safe at the bus stop assigned for their child we work with the parent and try to relocate the bus stop to a corner they are more comfortable with. The Buffalo Board of Education also works closely with parents on more specific problems and often provides a Buffalo Police AIM Officer, a school district employee or a Laidlaw supervisor at a bus stop to deal with a particular problem. All busses are equipped with two-way radios so drivers can receive instant assistance in an emergency and receive warnings of potential problems. Drivers and aides receive firm instructions on assessing the safety of a comer before they let a child off. Another critical element of safety is the ability of our parents to rely on the on-time appearance of the school bus in both morning and afternoon. Children left waiting on a corner in the morning or parents left waiting on a corner in the afternoon are certainly less safe than if the bus was on schedule. Our ability to keep the busses on schedule depends in large part on keeping the busses on the primary and secondary streets especially in the winter months. Putting the busses on every and all streets in the city might help us with one problem but Page 36 00-0321.txt create another, larger problem. The Buffalo Board of Education has been able to directly assist the family involved in the Jefferson/Northland situation since the unfortunate incident occurred. This information gives you a sense of the pro-active steps the district has already taken to ensure the safety of our students. REFERRED TO THE COMMITTEE ON EDUCATION FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 70 WORTHINGTON BUSINESS CENTER ACCESS ROAD #192 CCP MARCH 7, 2000 The Buffalo Economic Renaissance Corporation is pleased that your honorable body has requested that Norfolk Southern Railroad appear before you in regards to the Worthington Business Center Access Road project. BERC has been very frustrated with our efforts to move this project forward since Norfolk Southern acquired these specific trackage rights from Conrail in June of 1999. Prior to June of 1999, BERC had been involved in a very extensive process with Conrail to secure a properly designed crossing at the spur which bisects the proposed access road. This process included the development and review of a Final Project Proposal, the development of a Preliminary Engineering Agreement with Conrail, review of Pre-Final Project Plans and Specifications, and the development of a Construction Agreement with Conrail. Even though BERC was promised that the Construction Agreement would be in place before the spilt, it did not happen. The Construction Agreement that we were negotiating with Conrail was a very simple crossing with signage and pavement cross-hatchings, because of the infrequent number of trains using the spur. We had worked closely with the New York State DOT (Rail Division) to ensure that this was acceptable to them. When Norfolk Southern took over the property, we had hoped that they would accept the work already completed by Conrail. They accepted none of IL. Subsequently, our consulting engineers needed to duplicate all the coordination work they had performed previously. In addition, Norfolk Southern was unresponsive for months at a time regarding their review of the project. At one point we had to re-file all of the engineering information because they "lost it". Finally, on February 11, 2000 we received their response and requests. We were surprised to find that they were asking for the crossing to have warning flashers and gates. They had taken the completely opposite stand from Conrail regarding this crossing, and had ignored the New York State DOT's opinion that had been previously rendered. Our engineers estimate that the gates & flashers will add $150,000.00 to a $350,000.00 project. This would require a complete re-working of the New York State Industrial Access Program Agreement, and the agreement BERC has with the Worthington Business Center owner's group. It will probably also mean the Page 37 00-0321.txt loss of another construction season for this project. The Council Resolution very clearly points out the significance that this roadway improvement will have on the surrounding residential neighborhood. It should be also noted that the increased accessibility will greatly improve the economic viability of the Worthington Business Center. We are looking to increase its occupancy rate from 60 to 90%, and create another to 130 jobs. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CITY CLERK NO. 71 NO. 73 , MARCH 7, 2000 - AMENDMENT - LEDCOR AGREEMENT The above referenced item is a request by Ledcor to amend its existing Telecommunications License Agreement with the City, which was executed on February 22, 2000. Ledcor's existing agreement allows it to occupy 136 feet of the City's right of way for an annual fee of $4.00 a linear foot. It is now requesting permission to do an additional build of approximately 3260 feet. The amendment would increase the compensation to the City accordingly. Its final route and construction work would be subject to the approval of the Department of Public Works. All other terms of the existing agreement would remain the same. This Office has no difficulty with amending the agreement in this manner. RECEIVED AND FILED NO. 72 MAYOR REPORTED OUT OF STATE I transmit herewith communications received by me from the Mayor, reporting his absence from the state from 7:00 a.m. until 9:00 p.m. on Wednesday, March 8, 2000. RECEIVED AND FILED. NO. 73 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-Lauren Panaro Thomas Degennaro PoilceGwendolyn Williams Fire- Eddie Williams Human Services, Parks/Recreation- Matthew Whelen Justine Rakoczynski Robert Carnevale RECEIVED AND FILED. NO. 74 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: City Planning Board RECEIVED AND FILED. Page 38 00-0321.txt NO. 75 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 3, 2000 in the Department of Common Council to the Position of Intern III, Seasonal Non-Competitive Flat Starting Salary of $6.00/hr Jennifer Giroux, 2097 Niagara St, Buffalo, 14207 Appointment Effective: March 14, 2000 in the Department of Common Council to the Position of Intern I Seasonal Non-Competitive at the Flat Starting Salary of $7.00/hr Nicole Smith, 178 Royal Avenue, Buffalo, NY 14207 NO. 76 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 PUBLIC WORKS Appointment Effective: March 16, 2000 in the Department of Public Works, Division of Engineering to the Position Of Laborer I, Seasonal, Non-Competitive, at the flat starting salary of $6.22 hr. Christopher A. Howell 81 Bridgeman Buffalo, NY 14207 Appointment Effective: March 15, 2000 in the Department of Public Works Division Of Engineering to the Position of Marina Dock Attendant, Seasonal, Non- Competitive at the flat starting salary of $10/hr. Christopher A. Nasca 12 Woodly Rd. Buffalo, NY 14215 DEPARTMENT OF STREET SANITATION Appointment Effective: March 8, 2000 in the Department of Street Sanitation to the Position of Seasonal Laborer II at the flat starting salary of $6.92/hr. Glenn L. Bender 282 Crestwood Buffalo, NY 14216 Richard P. Niedzwiecki 529 Howard Street Buffalo, NY 14206 Pasquale Picogna 164 Congress St. Buffalo, NY 14213 Alexander Porter 151 Prospect Avenue Buffalo, NY 14201 Christian S. Simcoe 58 Ideal St. Buffalo, NY 14206 Timothy N. Wright, Jr. 175 Shenandoah Street Buffalo, NY 14220 Appointment Effective: March 16, 2000 Page 39 00-0321.txt in the Department of Street Sanitation to the Position of Seasonal Laborer II at the flat starting salary of $6.92/hr. Jose A. Martinez 130 Niagara St., #303 Buffalo, NY 14202 NO. 77 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 13, 2000 in the Department of Fire Division of Fire Administration to the position of Account Clerk Typist, Temporary, at the starting salary of $24,277. Randi Murphy-Motley 788 Fillmore Avenue Buffalo, NY 14212 Appoinment effective March 13, 2000 in the Department of Fire to the position of Firefighter, Permanent, at the minimum starting salary of $34,057. Kevin J. Keane 228 McKinley Pkwy. - 14210 Frank Juliano 145 Potters Road - 14220 James Gatta, Jr. 73 Weyand Street - 14220 Christopher Whalen 242 Norwood - 14222 John Patterson 104 Shenandoah Road - 1,1220 Patrick LaIley 81 Densmore - 14220 Kevin Sikorski 127 Choate Avenue - 14220 Appointment Effective March 13, 2000 to the position of Firefighter. Permanent, at the minimum starting salary of $34,057 . Michael Tucker 41 Hillside - 14210 Paul Simonian 58 Coburg - 14216 Matthew Whelan 14 Whithall - 14220 Kevin Melligan 23 Roanoke - 14210 Gregory Donovan 86 Good - 14220 Kevin Cielencki 116 Cunard - 14216 Edwin Torres Theodore Leber 83 Doyle - 14207 Lawrence Robertson 115 Caryle - 14220 David Grinder 259 Woodside - 14220 Robert Carnevale Page 40 00-0321.txt 87 Sterling Avenue - 142115 Tab Casey 72 Dundee - 14220 William Griffin 94 Rutland - 14220 Joseph Tomizzi 25 Delaney - 14216 Willie Holliday, Jr. 87 Mendola - 14211 Hugh Arthur 154 Roebling - 14215 Johnathan Eaton 213 Berkshire - 14215 Ronald Pugh 100 Blaine - 14208 Reid Saffron 72 Roehrer - 14208 Christy Marchese 191 Hodge - 14222 Shelby McKinney 63 Fay - 14211 Nancy Spector. 26 Cheltenham - 14216 Teresa Davis 72 Halbert - 14214 Napoleon Johnson 264 E. Delavan - 14208 Barry Riley 82 Fennimore - 14215 Marius Owens 448 S. Division - 14204 Javier Vazquez 96 Pooley - 14213 Scott Martinez 573 Fulton - 14210 Michael Cassidy 85 Indian Church Road - 14210 David Schmitt 465 Doat - 14211 Steven Panaro 5 Crestwood Avenue - 14216 14210 Appointment effective March 6, 2000 in the Department of Fire, Division of Fire Communications, to the position of Communications Electrician, Permanent, at the starting salary of $27,505. Eddie Williams 13 Girard Place Buffalo, 14215 DEPARTMENT OF HUMAN SERVICES, PARKS AND RECREATION Appointment Effective: March 9, 2000 in the Department of Human Services, Parks & Recreation, Division of Youth to the Position of Attendant, Temporary at the flat starting salary of $6.00/p.h. Arnetta Stephens 538 Hewutt Buffalo 14215 Robert McCartney 69 Grote Buffalo 14207 Cathleen Lasky 91 Eaglewood Page 41 00-0321.txt Buffalo 14220 Louis Benton II 66 Morris Buffalo 14214 Appointment Effective: March 7, 2000 in the Department of Human Services, Parks & Recreation, Division of Youth to the Position of Attendant, Temporary, at the flat starting salary of $6.00/p/h. Geraldine McCartney 69 Grote Buffalo 14207 Michelle Matuszewski 168 Seymour Buffalo 14210 Andre Sadoff 655 W. Delavan Buffalo 14222 Samuel Turner 21 Gesl Buffalo 14215 Madelyn Thomas 2868 Bailey Buffalo 14215 Henry Dukes 534 Woodlawn Buffalo 14208 Bonnie Orffeo 448 Vermont Buffalo 14213 Annamarie Kobis 229 Geary Buffalo 14210 DEPARTMENT OF POLICE Appointment Effective: March 13, 2000 in the Department of Police to the Position of: Public Safety Dispatcher at the minimum starting salary at $25,900. Amy N. Misztal 21 Layer Avenue Buffalo, NY 14207 Mary M. McGuire 145 Culver Road Buffalo, NY 142.20 DEPARTMENT OF PUBLIC WORKS Appointment Effective March 6, 2000 in the Department of Public Works Division of Water, to the Position of Clerk Temporary, at the minimum starting salary of $23,252. Robyn Tisdale 124 Fairfield Street Buffalo, 14214 Mary Beth Wolniewicz 147 Marine Drive, Apt. 11 B Buffalo, 14202 Appointment Effective March 13, 2000 in the Department of Public Works, Division of Water, to the Position of Caulker at the minimum starting salary of $30,059. Michael Wolasz, Jr. 53 Huntley Road Buffalo, 14215 Appointment Effective: March 13, 2000 in the Department of Public Works to the Position of Caulker at the minimum starting of $30,059. Page 42 00-0321.txt Frank Mangione III 221 Roesch Avenue Buffalo, 14207 NO. 78 B. BROWNELL SUPPORT SIGNATURE BRIDGE Attached please find a communication from Mr. Brandon Brownell stating his support for a Signature Bridge. Copy of this is on file in the City Clerk’s Office. REFERRED TO THE TASK FORCE ON THE SUPERSPAN BRIDGE. NO. 79 J. COLARUSSO OPPOSE THRUWAY INCREASES IN TOLLS Attached please find a resolution from the Town of Orchard Park stating their support of opposing any increases in Thruway Tolls. Copy on file in City Clerk’s Office. RECEIVED AND FILED. NO. 80 A. DEBENEDETTI ERIE CO. LEGISLATURE SALES TAX-REQ. FOR INFO.-IMPOSITION OF ADDITIONAL 1% Attached is an outline pertaining to this subject which was presented at the Common Council meeting of 3/21/00. Copy on file in City Clerk’s Office. REFERRED TO THE SPECIAL COMMITTEE ON GOVERNMENT RELATIONS. NO. 81 REQ. POLICY CHANGES-LAIDLAW BUS COMPANY Attached you will find the letter written to Mr. William Johnson regarding the drop off points for children. As indicated in the letter pick up and drop off points for the children are determined by the Buffalo Board of Education. REFERRED TO THE COMMITTEE ON EDUCATION. NO. 82 CAROL A. FRANEY, TOWN CLERK, TOWN OF EVANS OPPOSE THRUWAY INCREASES IN TOLLS Enclosed please find a certified resolution that the Evans Town Board adopted at their regular meeting held on March 1, 2000 regarding the removal of the New York State Thruway toll barriers in Lackawanna, Blasdell, Hamburg and Eden/Evans. Supervisor Catalino moved and Councilman Govenettio seconded, WHEREAS, the Town of Evans has called for a study of the removal of the NYS Thruway Authority toll barriers Lackawanna, Blasdell, Hamburg and Eden/Evans, and eventually called for the removal of all tolls from within the commuting range of Buffalo; and WHEREAS, this study has been agreed by the NYS Thruway Authority and the Greater Buffalo Niagara Regional Transportation Committee with the assistance of NYS Senator Dale Volker, and is expected to be Page 43 00-0321.txt completed with in the next two months; and WHEREAS, the recent announcement that the NYS Thruway Authority is imposing an increase in the amount of tolls paid by motorists on the Thruway System is poor timing at best and unconscionable at worst, given that all tolls were originally due to expire four years ago; NOW THEREFORE BE IT RESOLVED, that the Town of Evans opposes the increase in Thruway tolls, and call on the Governor of New York State and the NYS Thruway Authority Chairman to rescind the toll increase, and urges the expedited completion of study to remove toll barriers from within the commuting range of Buffalo. Certified copies of this resolution are to be sent to the Chairman of the NYS Thruway Authority, Governor Pataki, the WNY State Delegation, the Erie County Executive and Chairman of the County Legislature, and the Mayors and City Council Presidents of Buffalo and Lackawanna, and the Supervisors of West Seneca, Eden, Boston, Hamburg, Orchard Park, Grand Island and the Mayors of the Villages of Blasdell and Hamburg. RECEIVED AND FILED. NO. 83 P. GALLIVAN ERIE CO. TAKEOVER-CENTRAL BOOKING Reference is made to the attached letter of Councilmember-at-Large Charley H. Fisher, 111, addressed to Erie County Executive Joel Giambra dated February 28, 2000, a copy of which is attached, regarding tabled items on Police Reorganization, specifically, "Erie Co. Takeover-Central Booking." First and foremost, the New York State Constitution, the Erie County Charter and applicable laws clearly place the responsibility for Erie County booking procedures under the authority of the duly elected independent office of Sheriff. As such, any consideration, review and implementation of changes relating to County booking procedures must first be presented through and have the consent of the Office of Sheriff. Towards that end, I respectfully request of Your Honorable Body that the Office of Erie County Sheriff is fully informed of any correspondence, consideration or planning regarding this matter. At the onset, I want to make clear that I am committed to doing everything within the power of my office to enhance the public safety services provided to the citizens of Erie County. This certainly includes participation in the evaluation of any proposal or idea that suggests a more effective, efficient delivery of services. The idea of exploring "Central Booking" is certainly worthy of evaluation and consideration. I must caution, though, that the cost of booking prisoners in the City of Buffalo is a cost that must be borne by somebody. While this may save the City of Buffalo money, the mere transfer of the operation from the City of Buffalo to the Erie County Sheriffs Office does not in and of itself save taxpayer dollars, it shifts the cost to the County. There may be opportunities, however, to streamline services, yet space allocation and appropriate staffing levels are among the items that must first be considered. A comprehensive, objective feasibility study is the only way to determine whether or Page 44 00-0321.txt not this proposal is beneficial to the citizens of Erie County. Please permit me the opportunity to present a brief history of Erie County Sheriffs Office/Buffalo Police Department cooperation regarding the Central Booking proposal. The idea was first presented in the mid-1980's. In the mid to late 1980's, the Erie County Sheriffs Office and the Buffalo Police Department formed a joint task force/ committee to study this proposal. Due to several reasons, not of relevance at this time, the consolidation did not happen. On January 27, 1998, Mayor Anthony Masiello and Erie County Undersheriff Timothy B. Howard participated in a video taping of a program entitled A Forum on Regional Governance. Mayor Masiello commented on Central Booking by the Sheriffs Office as a means of assisting the City of Buffalo. On February 20, 1998 1 forwarded a letter, copy attached, to then Buffalo Police Commissioner Gil R. Kerlikowske asking him to contact me if he was interested in discussing the possibility of having the booking of Buffalo Police Department prisoners done by the Erie County Sheriffs Office. On March 1, 1998, Commissioner Kerlikowske indicated his interest and advised that he would have his assistant contact me to schedule a preliminary meeting. On March 11, 1998 1 further discussed this matter with Commissioner Kerlikowske who reiterated that he would provide me with the name of a staff member to serve on the committee. On August 13, 1998, newly appointed Commissioner Rocco J. Diina and I met at the Hyatt Regency to discuss several matters, at which time we also discussed the possibility of pursuing a County take-over of Buffalo Police Department Central Booking operations. It was agreed that Commissioner Diina would contact me with a name of a member of his staff that would serve on a committee to pursue this. On May 13, 1999, Commissioner Diina forwarded a letter to me, a copy of which is also attached, regarding exploring the possibility of consolidating arrest booking and cellblock functions under the Erie County Sheriffs Office. Commissioner Diina advised that he would "be calling me in the near future to set up a meeting." There have been no further discussions between the Erie County Sheriffs Office and Buffalo Police Department regarding this matter. Further, any discussions referenced in Commissioner Diina's single page communication to the Common Council, dated July 7, 1999, with "officials from other law enforcement agencies" and "community leaders from the City and the suburbs" did not include the Office of Sheriff. Further, these discussions were informal at best and, absent the Sheriffs office participation and a comprehensive feasibility study, informed conclusions cannot be drawn. In the interim, I have discussed this matter with the Erie County Chiefs of Police. Several of the Chiefs are interested in further discussing this matter as a means of assisting them in their various jurisdictions. It may be appropriate to discuss Central Booking throughout Erie County and include all Police Departments in this discussion. On the other hand, given the unique circumstances surrounding the City of Buffalo Police operations (i.e. population size, separate cell block operations, etc.), it may b most appropriate to first Page 45 00-0321.txt discuss and explore potential merger between the Buffalo Police Department operations and the Erie County Sheriffs Office operations and thereafter, initiate further discussion with other agencies. Regardless of how you wish to pursue this matter, I am fully committed and most certainly will be fully cooperative in any joint effort to enhance the public safety service provided to the citizens of Erie County. I look forward to hearing from you regarding this matter. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION. NO. 84 DALLAS-ZOLLARS BLOCK CLUB INFO-SORRENTO CHEESE CO. We are writing to inform you of the impact the expansion of Sorrento Cheese Co. is having on our community. We are not against growth. However, we all know that growth, whether residential or commercial, has its price as we the citizens are finding out. Recently, our community has turned into a nightmare. As we all know, proposed projects should be subject to a full environmental impact study under the auspices of the State Environmental Quality Review Act (SEQR). This was not done. Residents were not notified of this project. For example, a neighbor who wishes to build a garage must notify his neighbors. Yet, Sorrento Cheese Co. constructs a huge warehouse and parking area for refrigerated trailers, affecting the entire community, and we were not notified. Did the planning board determine what effect the noise level would be on the surrounding area? What effect the pollution would be on the air we breathe? And what adverse effect it would have on traffic conditions in a residential area? Many of these questions must be addressed! Sorrento did not notify anyone that as many as seventy-one reffer units (refrigerated trailers) would constantly be running adjacent to our homes. The noise level generated from the units is unbearable. Many of us are forced to sleep with ear plugs in. Our children awake several times a night. We can no longer open our windows or enjoy being outside in our yards due to the noxious fumes and noise. Toxic diesel fumes are settling in our yards and seeping into our homes. The EPA states that human exposure to diesel engine exhaust emissions is a health hazard. It is carcinogenic and epidemiological studies state lung cancer increases, as well as other respiratory problems, when exposed to these fumes. The position of the EPA on quantitive cancer risk assessment is in agreement with recent findings by the HEI (Health Effect Institute). Gases found in diesel emissions include carbon monoxide, nitric oxide, nitrogen dioxide, sulfur dioxide and many other compounds. Diesel particulate matter is also HE by a growing number of health and safety standards as a toxic air contaminant. We being forced to breathe this toxic air! Further, Sorrento is not property zoned. Currently, they have a CM zone They need an M-1 zone. We request advance notification before they are approved that we may state our concerns. Every day, tractor trailer trucks have been observed idling for lengthy periods of time. For example, on Page 46 00-0321.txt February 22, 2000, an England truck #361 sat idling from 9:45 p.m. past 11:15 p.m., over one and one-half hours. This is just one of many instances. The DEC regulation states that such trucks may not sit idling for over five minutes. During the demolition of homes on Leland Street and throughout construction of the warehouse, the dirt and dust have been constant nuisances inside and outside remaining homes in the surrounding neighborhood. Recently, at a community meeting we held, representatives from Sorrento mentioned a plan (Plan A) to open Dallas Road to Zollars. The reason most families moved to Dallas Road was the fact that it was a quiet, dead-end street, making it a safe place for our children to play. The entire neighborhood is against Sorrento's plan Sorrento requests the opening of Dallas Road, we request notification prior to approval. Many of us have lived here all of our lives, are raising families here constantly trying to improve our properties. Needless to say, we planned on living h the rest of our lives. Now, because of what Sorrento Cheese has created in our back yards, property values have decreased. This has caused those of us who have invested in our homes to lose out on what we worked so hard to achieve, not to mention difficulty in our ability to sell our properties in the future should the need arise. Please consider this letter our formal complaint. Enclosed is a petition signed by those of us who wish to repeal the impact of Sorrento Cheese Co. on neighborhood. We urge your immediate attention and cooperation to the above concerns. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF COMMUNITY DEVELOPMENT, AND THE ZONING BOARD AND SORRENTO CHEESE NO. 85 BUFFALO URBAN LEAGUE INC. BROADWAY-FILLMORE WORK FORCE DEVELOPMENT PROGRAM This letter is the Buffalo Urban League's response to your letter of February 24, 2000 related to: Item #155, C.C.P. February 22, 2000 Broadway-Fillmore Work Force Development Program The Buffalo Urban League, Inc. welcomes the opportunity to discuss with you and the other agencies referenced in Item 115 Broadway-Fillmore Work Force Development Program. The Buffalo Urban League currently houses one of its workforce preparation programs, Principles of the Alphabet Learning System (PALS) at the Broadway-Fillmore site at 728 Fillmore Avenue, The PALS program is currently funded through Erie County Department of Social Services. It consists of the following three (3) components: PALS Basic Jobs Skills/Literacy PALS PLUS - GED Program PALS TECH - Computer Literacy & Skills Training The Buffalo Urban League encourages the expansion of services offered at the Broadway-Fillmore site. Please contact me at your earliest convenience to further discuss this matter. If you have any questions or require additional information, please do not hesitate to Page 47 00-0321.txt contact me at 854-7625 ext. 215. I am looking forward to hearing from you. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 86 G. MOONEY COMMENTS-USE OF AUDIO MEDIA INTERFACE IN CHAMBERS Thank you for an immediate response to my letter. I am sorry if you did not understand its meaning. It was not meant to be cryptic in any way. Please accept my apology along with some background information. I have included correspondence to enlighten you to my situation. On January 18, 2000 I was recording a session of the Legislative Committee for my Community Access television program. James Pitts interrupted my coverage demanding that I required his permission before proceeding with press coverage. He failed to request my credentials and referred me to corporation counsel. On January 19, 2000 1 received a letter from Darryl McPherson (Asst. Corporation Counsel). To summarize his letter: 1. I do not have a right of access to the audio media interface, 2. Media's use of the system has always been subject to a. Council President. b. City Clerk. c. Office of Telecommunications. 3. Mr. McPherson falsely states that I have been informed that my equipment has caused problems with your sound system. No one had informed me of this allegation until my receipt of his letter. 4. Mr. McPherson requested that I refrain from using the media outlets until it has been determined that my equipment will not interfere with the City's audio system. As yet no one has been willing, or available from the Office of Telecommunications to make that determination. I immediately contacted your office and Chris Bishop to make an appointment for testing. I followed up with a letter to Tom Tarapacki on January 24, 2000. On January 24, 2000 I received a letter from James Pitts declaring that I was not authorized to record any proceedings until he had my purposes for recording in writing. He alleged in this letter that my equipment cause damage on January 11, 2000, His letter was postmeter Jan. 19, 2000 with a heading date of Jan. 14, 2000. On January 25, 2000 I receive a photocopy of Mr. Pitts letter. Heading dated Jan. 14, 2000. No cover letter was attached. On January 25, 2000 Mr. Chris Bishop refused to perform testing on my equipment or cooperate with me in any way, He closed the hall to me asking me to leave until 15 minutes before the meeting was underway. Before the meeting a young man covered the media boxwith Cardboard and duct tape. This is the barricade to which I Page 48 00-0321.txt referred letter. I asked this worker which office he was was from. He replied that he was from the City Clerks office. I have asked the Mayor to look into this matter He has responded that the Council Hall is out of his jurisdiction To date I have received numerous correspondences barring me from using the media portals, and no retraction of this ban. Mr. Pitts has not indicated in writing that I may record council related public meetings, and that cardboard barricade is still in place. Charles, can you please tell me why there is a cardboard box covering the media outlets in the rear of Council Hall? Again, I apologize that you did not understand the meaning of my letter of March 1, 2000. I hope I have now shed some light on my meaning. RECEIVED AND FILED. NO. 87 G. MOONEY COMMENTS-USE OF COUNCIL CHAMBERS Thank you for your response in regard to my letter dated March 1, 2000. Please accept my apology as I apparently misunderstood of the role of your office. It was, after all, Mr. Christopher Bishop who first placed restrictions on my access. My error was further buoyed by a correspondence that I received from Mr. Darryl McPherson, Asst. Corporation Counsel. Mr. McPherson stated that your office shared responsibility for said infrastructure. (Copy of letter enclosed.) Again, I am sorry for any inconvenience my correspondence has presented. P.S. For my own reference, could you please send me a copy of the mission statement for the Office of Telecommunications? Thank you in advance for your consideration. RECEIVED AND FILED. NO. 88 G. MOONEY COMMENTS-REPORT OF COUNCIL MEETINGS Attached please find a communication from G. Mooney concerning comments about reporting Council Meetings. RECEIVED AND FILED. NO. 89 P. MEIDER WATER METER PROBLEMS In February I was contacted about having a water meter connected to my water line. The reason is because I do not have metered water. I explained to the person who called that I live in an old house and do not have a basement, but a crawl space. When the man came out to hook me up, I was told that he would not go under the house and that I had to make a hole in my closet floor and extend the pipe up so he could have access to put a meter on. This is all at my expense. The problem is that I don't want to have metered water. I've lived here for 23 years without it. I feel that if the city wants me to have metered water then they should pay for the extended pipes and the hole in my floor. I know that my water usage may be less with the Page 49 00-0321.txt metered water, but if its not broke don't fix it. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS, CORPORATION COUNSEL AND AMERICAN WATER WORKS NO. 90 H. QUARLES WOMEN FOR UPTOWN BUFFALO We are gravely concerned regarding the state of affairs between our elected officials in City Hall and Phoenix Window Mfg. Inc. Phoenix Window Mfg. Co. originally requested financial help from the City in October of 1998. This request came after several large prime contractors, upon their inability to pay, withheld payment to them forcing the company to fall upon hard times. It has come to our attention, that our only African American owned manufacturing facility is now in critical financial condition. In April of 1999, The City of Buffalo under the Department of General Services hired and paid a consulting firm ($50,000) to audit Phoenix Windows in order to determine whether the business was salvageable. This consulting firm stated in their report of August of 1999 that this business was indeed salvageable and prime for growth as long as the city acted expeditiously in two areas: Sales Contracts and adequate funding. We believe that this company is certainly entitled to funding using Federal Block Grant Dollars. The reason being: 1. Phoenix Window Manufacturing Co. Inc. contributed in excess of $350,000 annually for the past ten years in payroll and fringe benefits to citizens located in the urban community, specifically in the Masten District. This includes over 100 jobs to African Americans as well as several jobs to other ethnic persuasions. 2. The Company is located in the Masten District which according to the most recent Census Data and Federal Empowerment zone Data, has the highest poverty level which directly fuels the allocation of Federal Community Block Grant Dollars to urban areas.. According to Federal Community Block Grant regulations, these funds can be used for workforce development for businesses that are for profit especially if they are hiring from the inner city and/or lower income communities, as this would help to eradicate poverty, the original intent of the funds. We have enclosed some of the articles that we have maintained, exhibiting where State, City and County funds have been allocated to firms that have not been located in poverty prone areas nor have they hired the majority of their employees fi7om these areas. Surely you can understand our concerns. Please include this on the agenda of your next meeting, so this company can move forward and hopefully remain in Buffalo. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF COMMUNITY DEVELOPMENT, AND THE BUFFALO ECONOMIC RENNAISANCE CORPORATION NO. 91 CRYSTAL DAVIS-PEOPLES Page 50 00-0321.txt TESTIMONY OF ERIE COUNTY LEGISLATURE MAJORITY LEADER CRYSTAL 1). PEOPLES BEFORE THE BUFFALO COMMON COUNCIL MARCH 21, 2000 Mr. President, Majority Leader LoTempio and Honorable Members of the Common Council, thank you very much for your invitation to myself and my colleagues to address your Honorable Body with respect to this very important issue. The issue of sharing the county's additional 1% of its sales tax has been a contentious issue almost since its inception in the mid-1980's. While my colleague Legislator Albert DeBenedetti will go into greater detail concerning the history of that additional levy, I would like to focus on a proposal announced recently by myself and eight of my colleagues that will reduce the tax burden on nearly every segment of our population while dedicating significant resources to inter-governmental initiatives here in the city of Buffalo, as well as in suburban communities. Western New York continues to maintain the building blocks for a quality of life that is second to none. Erie County is blessed with a well trained workforce, abundant natural resources and higher educational research and instructional facilities of first class caliber. Moreover, as small and medium sized businesses comprise our economy's driving force, Erie County and Western New York's focus must be upon the development of an economic climate where new businesses are attracted to relocate, where existing businesses are encouraged to expand, and where our children are offered tangible opportunities to remain in Erie County and Western New York to live and raise families of their own. Working in conjunction with continued reform on all levels of government, each of these objectives can be achieved through aggressive tax reform in county government, as well as by embracing a regional philosophy with respect to cooperative inter-governmental initiatives that save taxpayer dollars. As you know from our collective experience in 1997, the Erie County Legislature &', is a recognized leader in offering incentives to local governments to work collectively toward the establishment of programs and projects on a cooperative basis that save taxpayer dollars. Over the county's three most recent fiscal years, the Legislature has enacted regionalism incentive programs involving the county's three cities (in 1997), suburban communities (in 1998) and in cooperation with Niagara County (in 1999). Those were the building blocks of the kind of regionalism programs which should be a permanent component of county government. And make those regional initiatives permanent we shall. Erie County has been a partner with city government, both in encouraging cooperative initiatives as well as through direct grants to the city. Since the early 1990's Erie County has directly or indirectly funded or made available funding for new initiatives to the city of Buffalo in excess of $13.5 million, including: Buffalo Snow Removal (FY's 1996 to present $1,228,232 Buffalo Convention Center (1996 to present) Page 51 00-0321.txt $5,188,000 City/County Crime Fighting Initiatives (2 FY's)$ 500,000 City Regionalism, including Demolition$2,700,000 Cobblestone District Redevelopment$2,000,000 Memorial Auditorium Demolition$2,000,000 TOTAL$13,616,232 Our proposal, entitled "A Blueprint for 2 1 " Century Economic Growth and Tax Reform in Erie County," includes as a major component a permanent funding stream for inter-governmental initiatives which seek to streamline service delivery and eliminate duplicative functions of government. As was the case with the county's three cities in 1997 and its suburban communities in 1998, the Legislature, in cooperation with the Executive Branch, will earmark $ 10 million in excess sales tax revenue from the 1999 fiscal year toward the establishment of the "Erie County Regional Initiative Fund," to be utilized within the county's 2001 fiscal budget. The county will use sales tax revenues, which in 1999 grew by an unprecedented 9% over the previous year, as a means toward encouraging the development and implementation of cooperative inter-governmental ventures which meet everyone's long term objective - saving taxpayer dollars. Much in the same manner as the Legislature's previous efforts toward regional cooperation, the "Erie County Regional Initiative Fund" will be funded within the county's annual budget; on an annual basis, the county will dedicate sales tax revenue realized by the county over and above the adopted budget of the most recently completed fiscal year. For example, the county realized a net growth in sales tax of more than $13 million for fiscal 1999. Because the Giambra administration has spent nearly:S3 million of that surplus already, the county will earn a total of $10 million for the first such effort - in 2001. Similar designations of surplus sales tax revenue from the 2000 budget will be earmarked for 2002, and so forth. I Tying regional initiative funding to growth in sales tax addresses the needs of local governments clamoring for a share of the county's sales tax, while ensuring that the county does not simply become a revenue source without direction for local governments. By encouraging initiatives that are regional in nature, Erie County government provides a cooperative forum for local governments to work together to reduce the overall cost of government to taxpayers throughout the county. Members need only look at our past record of working together. That record began in the early 1990's when the county corrected historical Inequities with the county's three cities by allocating funds for snow removal within the city, an allocation well in excess of $200,000 annually which continues to this day. That effort continued with the county's takeover of the Buffalo Convention Center facility and with 1997 city county demolition projects, and studies of potential consolidation of parks and youth services. Simply stated, the county and the city have a strong history of working together in a cooperative fashion. This proposal continues that record and makes it stronger still. As Erie County's single largest municipality, the city of Buffalo is poised to reap the most significant level of benefit from this initiative. The most significant Page 52 00-0321.txt advantage that the city has at this point is time. With the county's 2001 budget not set for implementation until January 1. the city's leadership must construct reasonable and effective inter-governmental service sharing proposals for the Legislature and the County Executive to consider. Using a thoughtful process over the next several months and developing a series of proposals for the county to consider well in advance of January I will work to the overall benefit of each governmental entity, and to the public at large. On behalf of the Legislature's leadership, I look forward to continuing to build upon the strong regional foundation we have constructed thus far. Once again, I thank you for the opportunity to address your Honorable Body, and my colleagues and I remain prepared to work with the City's leadership to meet the common needs of our constituents. REFERRED TO THE SPECIAL COMMITTEE ON GOVERNMENT RELATIONS NO. 92 EMPIRESTATE DEVELOPMENT SUPPORT RETENTION OF KEY BANK EMPLOYEES Thank you for your letter supporting assistance for Algonquin Studios and its effort to hire computer programmers laid off by Key Bank Let me assure you we are working to find a way for this to happen. My office is working with the Private Industry Council, the County Executive and the office of the Mayor to develop an approach which we hope will make it possible for Algonquin Studios to hire the programmers laid off by Key Bank. This is an excellent opportunity to retain talented people in Western New York, and we are doing everything possible to see that this effort is a success. Thank you for your letter of support for this effort. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE BUFFALO ECONOMIC RENNAISANCE DEVELOPMENT CORPORATION NO. 93 CARY STREET HOMEOWNERS ASSOCIATION LOUD NOISE FROM UTOPIA BAR, 228 FRANKLIN ST. DISTURBING RESIDENTS OF CARY STREET It is the unanimous opinion of all the residents and members of the Cary Street Homeowners Association (CHSA) that the -Utopia- bar, 228 Franklin street, is creating a public nuisance negatively impacting our health and well being and that of our children. After repeated police intervention and summonses; phone calls to police from homeowners; meetings with elected officials and personal discussions with Utopia management and ownership, the noise nuisance continues to create great disturbance in our community in violation of our property rights. This nuisance has had several impacts upon our residents including sleep deprivation; a reduction in property values; and, noise induced stress. The current situation, where noise levels increase dramatically after 11:00 p.m. is intolerable. Page 53 00-0321.txt We respectfully request that the NYS State Liquor Authority revoke the liquor license of 228 Franklin Street, Inc. the licensee of the Utopia bar. We have been advised that the "owners” of this corporation are Mr. Vincent Giamo and Mary C. Giamo whose addresses are listed as 152 Fayette Avenue, Tonawanda, New York. The phone number where we have complained personally to Ms. Mary Giamo is 913-3818. Additionally, we request, that in reference to the Utopia,s repeated violation of the Noise ordinance of the City of Buffalo, Chapter 293 of the Buffalo City Code, that the SLA investigate and take immediate action to have all noise emanating from Utopia cease until this matter can be permanently resolved. We would be pleased to meet with you as soon as possible to facinitate the correction of this most disturbing situation. Names, addresses and signatures of all residents, who as stated previously, are in unanimous agreement on this issue, are attached for your records. I can be reached at 845-5038 or by e-mail at robertson.laird@worldnet.att.net. The residents and CHSA thank you in advance for your immediate attention to this important matter. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE COMMISSIONER OF POLICE, THE NEW YORK STATE LIQUOR AUTHORITY AND THE DIRECTOR OF ADMINISTRATIVE ADJUDICATION NO. 94 REQ INCREASE IN METER RATES GAS SURCHARGES FOR TAXICABS Proposal to Finance Committee: My name is Vincent Joseph Rosati also known as JR or Joe. I am a Taxi Cab Owner/Operator. I am here today to represent fellow Taxi owners, drivers and myself. We are requesting the Finance Committee to agree on a proposal that we are submitting along with signed petitions for an increase on meter rates and surcharge for gasoline. We are asking for an Emergency Surcharge of $.50 per fare effective immediately to offset the skyrocketing fuel prices. See attached page for a comparison of increases in Gasoline prices and increases in Insurance from 1995 through 2000. (1995 was the last time Taxi Owners/Drivers received a rate increase.) This comparison is the reason we have submitted the proposal before you today. I have a brief statement: An average cob driver that works for a company only makes 50% of what they take in. Out of their 50% they pay their own gas and 3-5 dollars a day for insurance. They work on average of 12 hours a day, 6-7 days a week, bringing home only 3-4 hundred dollars. Which averages out to less than minimum wage. With rising costs this will be even less. Owner/Operators make 80% and pay all gas, repairs and FULL insurance. Independents depend on Hotels and Shopping Centers and are not dispatched at all. They depend on fares to come to them. They pay the same gas, repairs and full insurance. Page 54 00-0321.txt Also, the Hotels complained to City Hall last year that there were not enough cabs to service their guests. This is due to the fact that several companies and many independents had closed because of rising insurance costs. Twice as many will follow this year due to the outrageous gas prices on top of increasing insurance. The people of Buffalo also complained about not having enough cabs available to service their needs. We understand that the people of the Buffalo area are caught in the middle, but something has to give. We have to feed our families too. We are also trying to resolve this issue before our Meters are due f or inspection (which is in April) so that we do not have to pay to have them inspected twice. The Buffalo News article, which is in your packet, tells about the emergency surcharge that was awarded to Boston Cabs due to the rising fuel costs. I have been trying to work with the people in the Buffalo area on an effort to bring the gas prices down. I have been on the Television News and in the Buffalo News for the gasoline and insurance increases. Also, the Television News in effort to promote a Boycott I received through the Internet to not purchase gasoline on April 7-9, 2000. Hoping this will put a pinch in the Oil Company's pocket and reduce prices or at least raise awareness. We’re not just trying to help ourselves, but our fellow citizens of Western New York. We thank you for your time and consideration in our much needed effort. Please vote yes for our requests. REFERRED TO THE COMMITTEE ON FINANCE NO. 95 PROPOSED ORDINANCE CHANGE REGARDING ADVERTISING ON CITY BUILDINGS Working for Downtown hopes that more public discussion is held before any ordinance change occurs. The issue before you could over time have a significant impact on the cityscape. We think that the public should have more opportunities to share their views with you and other Common Council members. Thank you for your efforts to support a prosperous and beautiful city. We look forward to hearing from you. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 96 INFO UPDATES VARIOUS MATTERS POLICE REORG MTGS Per our conversation today please arrange with Charles L. Michaux, 111 to schedule the following at the next Police Oversight and Reorganization Meetings 3/29/2,000. 1. Update Surveillance Camera Operation's at International Marketplace based upon report by Dan Connors, Public Works in que to Commissioner Diina. 2. Update by Shakoor Aljuwani, Executive Director of United Neighborhoods who has offered to sponsor our next Community Police Training 4/15/2,000. I am awaiting confirmation of a series of emails and calls to Buffalo Police Department via Michele Graves and have been in touch with Skater Aljuwani. The above is for informational purposes only and will Page 55 00-0321.txt allow the Common Council to direct any questions to members of our Community Police Committee and to Chief of Operations, Harold Litwin who developed the protocol with The International Marketplace. When we completed our Strategic Plans this past year we felt it was important to make the Grant and Ferry Corridor safe and secure for our business's and residents before any development could take place. Both the Surveillance Camera's and The Community Police Programs accomplished this, Should you have any questions please feel free to contact our office. REFERRED TO THE COMMITTEE ON POLICE REORGANIZATION NO. 97 BLUE PRINT FOR 21ST CENTURY ECONOMIC GROWTH & TAX REFORM IN ERIE COUNTY Please find enclosed a copy of "A Blueprint for 2l't Century Economic Growth and Tax Reform in Eric County," as presented by members of the Erie County Legislature. As you know, the Erie County Legislature has made historic changes in the structure of taxation in Erie County. The two most recent fiscal years have seen the Legislature reduce property taxes by 20%. Working together, we can improve further still upon that record of achievement. However, other taxes need to be addressed in addition to the property tax. Our proposal is a three-pronged initiative that seeks to enhance and improve our region's economy while offering, in a "carrot and stick approach," opportunities for regional and inter-governmental cooperation with Erie County's cities, towns, villages and school districts. You will note that our proposals are funded completely through growth in the county's sales tax. As you know, the county experienced unprecedented sales tax growth in 1999 -- $18 million over 1998. Utilizing these funds toward the elimination of the county's Real Estate Transfer Tax and sales tax on clothing purchases is an effective way to return those funds to county taxpayers, and stimulate the economy at the same time. Moreover, creation of the "Erie County Regional Incentive Fund" will effectively continue the strides made by the Legislature that had their genesis in the county's takeover of the Buffalo Convention Center in 1995. Initiatives put forward in 1997 in the county's three cities, in 1998 with the suburban communities and in 1999 in partnership with Niagara County form the foundation of this proposal's future success. Rest assured that the Giambra administration, as was the case with the fortune administration, will be partners with the Legislature in decision making processes which will determine the merit of proposals made by local governments and school districts for such regional funding. In short, the Legislature will continue to put its money where its mouth is with respect to regional initiatives and inter-governmental cooperation. As the Legislature's leadership, we look forward to working with you and your colleagues toward the implementation of this action agenda. By working together, we will continue to offer tangible tax relief to Page 56 00-0321.txt local residents and businesses that will stimulate our economy, create new jobs and make Erie County a competitive place to live work and raise a family. REFERRED TO THE SPECIAL COMMITTEE ON GOVERNMENT RELATIONS PETITIONS NO. 98 H. HITZEL, USE 428 NIAGARA FOR A HUMAN SERVICES FACILITY (HRG. 3/28) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF COMMUNITY DEVELOPMENT AND CORPORATION COUNSEL. NO. 99 H. HITZEL, USE 430 NIAGARA FOR A HUMAN SERVICES FACILITY (HRG. 3/28) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF COMMUNITY DEVELOPMENT AND CORPORATION COUNSEL. NO. 100 R. OLEARY, USE 2200 SENECA STREET FOR A HUMAN SERVICES FACILITY (HRG. 3/28) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF COMMUNITY DEVELOPMENT AND CORPORATION COUNSEL. REGULAR COMMITTEES CIVIL SERVICE (BARBARA A. MILLER-WILLIAMS, CHAIRPERSON) NO. 101 APPOINTMENT SYSTEMS COORD. (MAX) (POLICE) (ITEM NO. 42-C.C.P. FEB. 8, 2000) That Communication 42, Feb. 8, 2000 be received and filed and the provisional appointment of David Alba stated above at the maximum salary of $33,956 effective on January 4, 2000 is hereby approved. PASSED AYES -13 NOES - 0 NO. 102 APPOINTMENT POLICE HISPECTOR (MAX) (POLICE) (ITEM NO. 20-C.C.P. FEB. 22,2000) That Communication 20, Feb. 22, 2000 be received and filed and the permanent appointment of Harold Litwin, Jr. stated above at the flat salary of $71,307 effective on February 7, 2000 is hereby approved. PASSED AYES-13, NOES-0 NO. 103 APPOINTMENTS Page 57 00-0321.txt POLICE CAPTAIN (MAX) (PERM) (POLICE) (ITEM NO. 39-CCP. MAR. 7, 2000) That Communication 39, Mar. 7, 2000 be received and filed and the permanent appointments of Michael S. Legglo and Henry E. Baranski stated above at the flat salary of $64,801 effective on February 18, 2000 is hereby approved. PASSED AYES-13, NOES-0 NO. 104 APPOINTMENTS POLICE CAPTAIN (MAX) (PERM. CONT.) (POLICE) (ITEM NO. 40-C.C.P. MAR. 7, 2000) That Communication 40, Mar. 7, 2000 be received and filed and the contingent permanent appointments of Mark Makowski, Patrick W. Reichmuth, Patrick G. Mann, Jr., Arturo Salas and Phillip Serafini stated above at the flat salary of $64,801 effective on February 18, 2000 is hereby approved. PASSED AYES -13 NOES - 0 NO. 105 APPOINTMENTS DETECTIVE (MAX) (PERM) (POLICE) (ITEM NO. 41 -C.C.P. MAR, 7, 2000) That Communication 41, Mar. 7, 2000 be received and filed and the permanent appointments of Noreen E. Walsh, Christopher R. Dates, Robmi A. Bridges, Karyn Carney and Joyce M. Solomon stated above at the flat salary of $50,635 effective on February 18, 2000 Is hereby approved. PASSED AYES -13 NOES - 0 NO. 106 APPOINTMENTS DETECTIVE (MAX) (PERM. CONT.) (POLICE) (ITEM NO. 42-C.C.P. MAR, 7,2000) That Communication 42, Mar. 7, 2000 be received and filed and the contingent permanent appointments of Rose E. Hunter, Darlene C. Coplin and Thomas I O'Brien stated above at the flat salary of $50,635 effective on February 18, 2000 is hereby approved. PASSED AYES -13 NOES - 0 NO. 107 APPOINTMENT POLICE INSPECTOR (MAX) (POLICE) (ITEM NO. 43-C.C.P. MAR. 7,2000) That Communication 43, Mar. 7, 2000 be received and filed and the contingent permanent appointment of David J. Andrews stated above at the flat salary of $71,307 effective on February 18, 2000 is hereby approved. PASSED AYES -13 NOES - 0 NO. 108 APPOINTMENTS Page 58 00-0321.txt POLICE LIEUTENANT (PERM) (MAX) (POLICE) (ITEM NO. 44-C.C.P. MAR. 7,2000) That Communication 44, Mar. 7, 2000 be received and filed and the permanent appointments of Guy T. Zagara, Timothy S. Downs and Joseph K. Pierchala stated above at the flat salary of $56,560 effective on February 18, 2000 is hereby approved. PASSED AYES-13, NOES-0 NO. 109 APPOINTMENTS POLICE LIEUTENANT (PERM. CONT.) (POLLICE.) (ITEM NO. 45-C.C.P. MAR. 7, 2000) That Communication 45, Mar. 7, 2000 be received and filed and the contingent permanent appointments of John D. Rieman, Amy 1. Marracino, Susan J. Ososki, Thomas J. Leather barrow and Richard Bonarek stated above at the flat salary of $56,560 effective on February 18, 2000 is hereby approved. PASSED AYES -13 NOES - 0 NO. 110 APPOINTMENT COMM. ELECTRICIAN (INTER) (FIRE) (ITEM NO. 46-C.C.P. MAR. 7,2000) That Communication 46, Mar. 7, 2000 be received and filed and the permanent appointment of Ronald LoTemplo stated above at the flat salary of $31,485 effective on February 21, 2000 is hereby approved. PASSED AYES-13, NOES-0 NO. 111 APPOINTMENT FIRE ALARM DISPATCHER (MAX) (FIRE) (ITEM NO. 47-C.C.P. MAR. 7, 2000) That Communication 47, Mar. 7, 2000 be received and filed and the permanent promotion of James Piepszny stated above at the flat salary of $54,863 effective on February 21, 2000 is hereby approved. PASSED AYES -13 NOES - 0 NO. 112 APPOINTMENTS FIRE LT. (PERM. CONT.) (MAX) (FIRE) (ITEM NO. 48-C.C.P. MAR. 7, 2000) That Communication 48, Mar. 7, 2000 be received and filed and the permanent contingent promotions of Gregory Rapp and George McKenna stated above at the flat salary of $53,314 effective on February 21, 2000 is hereby approved. PASSED AYES -13 NOES - 0 NO. 113 APPOINTMENTS FIRE LT. (PENN.) (MAX) (FIRE) (ITEM NO. 49-C.C.P. MAR. 7,2000) Page 59 00-0321.txt That Communication 49, Mar. 7, 2000 be received and filed and the permanent promotions of Joseph Victor and Daniel Flaherty, Jr. stated above at the flat salary of $53,314 effective on February 21, 2000 is hereby approved. PASSED AYES -13 NOES - 0 NO. 114 APPOINTMENT SR. PLANNER (INTER) (CD) (ITEM NO. 59-C.C.P. MAR. 7, 2000) That Communication 5 9, Mar, 7, 2000 be received and filed and the provisional appointment of Thomas A. Chwalinski stated above at the intermediate (Step 3) salary of $37,778 effective on February 14, 2000 is hereby approved. PASSED AYES -13 NOES - 0 NO. 115 APPOINTMENT TELLER (INTER) (A&F) (ITEM NO. 66-C.C.P. MAR. 7, 2000) That Communication 66, Mar. 7, 2000 be received and filed and the permanent appointment of Jeanette Ruperti stated above at the intermediate (Step 4) salary of $27,970 effective on February 8, 2000 is hereby approved. PASSED AYES -13 NOES - 0 NO. 116 APPOINTMENT PROGRAM COORDINATOR (INTER) (HSPR) (ITEM NO. 68-C.C P. MAR. 7, 2000) That Communication 68, Mar. 7, 2000 be received and filed and the non-competitive appointment of Jeffrey Libeler stated above at the intermediate salary of $30,259 effective on March 6, 2000 is hereby approved. PASSED AYES -13 NOES - 0 NO. 117 SALARY ORDINANCE AMENDMENT 02 - CITY CLERK 1020 CITY CLERK ADMINISTRATIVE SERVICQS (ITEM NO. 179, C.C.P., FEB. 22 2000) That the Salary Ordinance Amendment as contained in Item No. 179, C.C.P., February 22, 2000, be and the same hereby is approved. PASSED AYES -13 NOES - 0 NO. 118 SALARY ORDINANCE AMENDMENT 44 - DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION 1307 - SUBSTANCE ABUSE/YDA-DACC (ITEM NO. 20 1, C. C. P ., MAR. 7. 2000) That the Salary Ordinance Amendment as contained in Item No. 201, C.C.P., March 7, 2000, be and the same hereby is approved. Page 60 00-0321.txt PASSED AYES -13 NOES - 0 FINANCE (BYRON W. BROWN, CHAIRMAN) NO. 119 ABANDONMENT AND SALE OF 564 NIAGARA STREET - FORMER PRECINCT #10 (ITEM NO. 10, C.C.P., NOV. 30, 1999) That the Comptroller be, and he hereby is authorized to negotiate the abandonment and sale of 564 Niagara Street, Former Precinct #10 to James Management Company, Inc., Mr. James F. Anderson as Developer for Promesa Inc. and report the results of negotiations for final approval. PASSED AYES -13 NOES - 0 NO. 120 REPORT OF BIDS - DISTRIBUTION SYSTEM IMPROVEMENTS BUFFALO INNER HARBOR PROJECT (ITEM NO. 24, C. C. P., MAR. 7, 2000) That the Commissioner of Public Works be, and he hereby is authorized to award a contract for the Distribution Systern Improvements - Buffalo Inner Harbor Project -Hanover Street, to Triple R Development of WNY, Inc., the lowest responsible bidder, in the amount of $112,090.00 for a total encumbrance of $124,199.00. Mr. Brown moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 121 REPORT OF BIDS - DISTRIBUTION SYSTEM IMPROVEMENTS, LEROY, MONTICELLO (ITEM NO. 25, C.C.P., MAR. 7, 2000) Mr. Brown moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 122 REPORT OF BIDS - DISTRIBUTION SYSTEM IMPROVEMENTS SWAN, SOUTH PARK, CARROLL & GORHAM (ITEM NO. 26, C.C.P., MAR. 7, 2000) Mr. Brown moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 123 D, GALLIVAN-HOLY CROSS CHURCH-REQ. WAIVER-PERMIT FEE (PW) (CCP#16-FEB. 22, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 124 HOLY CROSS CHURCH-REQ. WAIVER-PERMIT FEES (CD) Page 61 00-0321.txt (CCP#32-FEB. 22, 00) That the above item is and the same hereby is received and filed. ADOPTED NO. 125 HABITAT FOR HUMANITY - RETURN 99 AND 100 GREY STREET (ITEM NO. 54, C.C.P., MAR. 7, 2000) That the Commissioner of Community Development be, and he hereby is authorized to accept the transfer of 98 and 100 Grey Street from Habitat for Humanity. That the Corporation Counsel be authorized to prepare or accept the necessary documents for the transfer of title. PASSED AYES -13 NOES - 0 NO. 126 BROADWAY MARKET FINANCIAL ISSUES (COMPT) (CCP#12-MAR. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 127 BROADWAY MARKET FIN. ISSUES (A&F) (CCP#60-MAR. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 128 GENESEE/URBAN DEV. ZONE - PERM. TO EXECUTE/ENTER INTO EASEMENT AGREEMENT (ITEM NO. 42, C.C.P., JAN. 25, 2000) (ITEM NO. 85, C.C.P., FEB. 22, 2000) That the Commissioner of Community Development be, and he hereby is authorized to enter into an easement agreement with Peter Certo Corporation fbr a 15' x 214.5' parcel or 3,217 sq. ft. along the Louisen Street side of 1014 Northampton. That the Corporation Counsel be, and he hereby is authorized to prepare the necessary documents to enter into said easement and that the Mayor be authorized to execute the same. PASSED AYES -13 NOES - 0 NO. 129 GENESEE/URBAN DEV. ZONE - PERM. TO ACQUIRE PROPERTY ALONG LOUISEN STREET (ITEM NO. 43, C.C.P., JAN. 25, 2000) (ITEM NO. 86, C.C.P., FEB. 22, 2000) That the Comptroller be, and he hereby is authorized to acquire the triangular shape parcel (1,478 sq. ft.) at the corner of Louisiana and Genesee Streets, from Alyce L. Anderson of 1352 Genes Street. That the Corporation Counsel be, and he hereby is authorized to prepare the necessary documents to convey said property and that the Mayor be authorized to execute the same. PASSED Page 62 00-0321.txt AYES -13 NOES - 0 NO. 130 GENESSEELURBAN DEV, ZONE (CD) (#49,2/8) (CCP#133-FEB. 22, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 131 ABATEMENT OF $16,000 LADIES LEAGUE BASEBALL (ITEM NO. 5, C.C.P., MAR. 7, 2000) That the Comptroller is, and he hereby is authorized to abate the accounts receivable invoice in the amount of $16,000 to the Ladies League Baseball. PASSED AYES -13 NOES - 0 NO. 132 DELAWARE PARK-CONCESSION STAND (COMPT) (CCP# I 7-MAR. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 133 BIDS - CAZENOVIA PARK GOLF CONCESSION ITEM NO. 67, C.C.P., MAR. 7, 2000) That the Commissioner of Human Services, Parks and Recreation be, and he hereby is authorized to award a golf concession contract for the Cazenovia Golf Course, to Shaun Bienik, 2260 William Street, the highest responsible bidder in the amount of $8,198. PASSED AYES -13 NOES - 0 NO. 134 569 & 573 FOREST - PROPOSED OFF-STREET PARKING (ITEM NO. 33, 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 DRUG ASSET FORFEITURE CHECKS RECEIVED (ITEM NO. 36, C.C.P., MAR. 7, 2000) Mr. Brown moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 136 DOWNTOWN SPECIAL DISTRICT - VENDING SITE MAP 2000-2001 (ITEM NO. 53, C.C.P., MAR. 7, 2000) That the map attached to the above communication describing the proposed vending sites for the Downtown Special District year 2000-2001 from Buffalo Place Inc. be and hereby is approved. PASSED Page 63 00-0321.txt AYES -13 NOES - 0 NO. 137 MARTIN LUTHER KINO JR. PARK - PERMISSION TO HIRE CONSULTANT (ITEM NO. 57, C.C.P., MAR. 7, 2000) That the above item be, and the sarne 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. 138 MAILING OF PROPERTY TAXES DUES NOTICE (A&F)(CCP#63-MAR. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 139 RECOVERING THE COST OF CLEANING CENTRAL PARK PLAZA (ITEM NO. 104, C.C.P., JAN. 11, 2000) (ITEM NO. 120, C.C.P., MAR. 7, 2000) Mr. Brown moved that the above item be recommitted to the committee on Finance. ADOPTED NO. 140 REPORT OF AUCTION - 2002 FILLMORE (ITERN NO. 62, C.C.P., JULY 13, 1999) (ITEM NO. 129, C.C.P., MAR. 7, 2000) Mr. Brown moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 141 RESULTS OF NEGOTIATIONS - 69 E. UTICA STREET (ITEM NO. 57, C.C,P., DEC, 28, 1999) (ITEM NO. 13 0, C. C. P., MAR. 7, 2000) Mr. Brown moved that the above item be recommitted to the Committee on Finance. ADOPTED LEGISLATION (ALFRED T. COPPOLA, CHAIRMAN) NO. 142 ROBERT M. HARPER, PETITION TO USE 206 SCOTT STREET - BILLBOARD SIGN (ITEM NO. 97, C. C. P., MAR. 7, 2000) That after the public hearing before the Committee on Legislation on March 14, 2000, the petition of Robert M. Harper, agent, for permission to use 206 Scott Street for a billboard sign be, and hereby is approved. PASSED AYES -13 NOES - 0 NO. 143 VINCENT COPPOLA, PETITION TO USE 291 BRYANT STREET - SIT-IN RESTAURANT Page 64 00-0321.txt (ITEM NO. 98, C. C.P., MAR. 7, 2000) That the above item be, and the same hereby is, returned to the Common Council without recommendation, Mr. Coppola moved: That after the public hearing before the Committee on Legislation on March 14, 2000, the petition of Vincent Coppola, owner, for permission to use 291 Bryant Street for a sit-in restaurant be, and hereby is approved. PASSED AYES -13 NOES - 0 NO. 144 LAURA LAWTON, PETITION TO USE 204 SOUTH ELMWOOD - HUMAN SERVICES FACILITY (ITEM NO. 99, C.C.P., MAR. 7, 2000) That after the public hearing before the Committee on Legislation on March 14, 2000, the petition of Laura Lawton, agent, for permission to use 204 South Elmwood for a hurnan services facility be, and hereby is approved. PASSED AYES -13 NOES - 0 NO. 145 14 WILLOW PLACE - PROPERTY COMPENSATION (ITERN NO. 29, C.C.P., NOV. 3, 1999) (ITEM NO. 137, C.C.P., DEC. 28, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Coppola Moved: That the Comptroller be, and he hereby is authorized to pay Most Worshipful Mount Carmel Grand Lodge of Ancient York Site, Inc. in the amount of $300, as just compensation for the acquisition of 14 Willow Place. On the condition that this sum represents the City”s final offer for the property and any other conditions deemed necessary by the corporation counsel PASSED AYES -13 NOES - 0 NO. 146 DESIGNATION OF NOMINEE - BOARD OF TRUSTEES OF THE BUFFALO & ERIE COUNTY LIBRARY (ITEM NO. 1, C.C.P., MAR. 7, 2000) That the designation of nominee for an appointment to the Board of Trustees of the Buffalo and Erie County Library of Maureen Danally, SSI, 151 Summit Avenue for a term expiring December 3 1, 2000, be and hereby is approved, and That tile nominations of Kenneth A. Olena and David F. Granville remain tabled in the Committee on Legislation. PASSED AYES -13 NOES - 0 NO. 147 CONCERNS WITH FILING BLUE CROSS/BLUE SHIELD PRESCRIPTIONS (CCP#245-FEB. 8, 00) Page 65 00-0321.txt That the above item be and the same hereby is received and filed. ADOPTED NO. 148 C. KIBLER, RITE AID-INFO-COMMITMENT TO CITY OF BUFFALO (CCP# 86 –MAR. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 149 V. ROSENHOCH,-BFLO. COMM. HEALTH-INFO. ON INSURANCE COVERAGE (CCP#92-MAR. 7, 00) That the above item be and the same hereby is received and filed, ADOPTED NO. 150 APPOINTMENT MEMBER TO THE BUFFALO BOARD OF ETHICS (ITEM NO. 4, C.C. P., MAR. 7, 2000) That the appointment of Lourdes T. Iglesias, residing at 14 Auchinvole Street, as a member of the Buffalo Board of Ethics for a term expiring September 4, 2003 be, and hereby is approved. PASSED AYES -13 NOES - 0 NO. 151 ORDINANCE AMENDMENT - CHAPTER 479 - VEHICLES AND TRAFFIC (ITEM NO. 171, C.C.P., MAR. 7, 2000) That the Ordinance Amendment as contained in Item No. 171, C.C.P., March 7, 2000, be and the same hereby is approved. PASSED AYES -13 NOES – 0 NO. 152 NOTIF SERIALS #9178-9 (PW) (CCP#22-MAR. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 153 USED CAR DEALER - 797 SENECA STREET (ITEM NO. 28, C.C.P., JAN. 11, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Copolla moved: That Pursuant to Chapter 254 of the City Code, the Director of Inspections, Licenses and Permits be, and he hereby is authorized to grant a Used Car Dealer License to Lloyd Hogan d/b/a The Good Door Store, located at 797 Seneca Street. PASSED AYES -13 NOES - 0 Page 66 00-0321.txt NO. 154 USED CAR DEALER - 1671 GENESEE STREET (ITEM NO. 52, C.C.P., FEB. 8, 2000) Mr. Coppola moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 155 ILLEGAL PKG. AT DESIGN. HANDICAPPED SPACES/CITY PARKING METERS (CCP#239-FEB. 8, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 156 ILLEGAL PKG. AT DESIGN. HANDICAPPED SPCS FOR PEOPLE W/DIS/PKG. METERS (HSPR) (CCP#45-FEB. 22, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 157 ILLEGAL PKG. AT DESIGN. HANDICAPPED SPES/CITY PKG. METERS (POL) (CCP#37-MAR. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 158 LIQUOR LICENSES (CC) (CCP#52-FEB. 22, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 159 C. HARTMAYER, NFTA-METRO'S GREENBACK PLAN (CCP 459-FEB. 22, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 160 C. HARTMAYER, NFTA-METRO'S GREENBACK PLAN (A&F) (CCP#6 I -MAR. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 161 RULES PERTAININOR TO USE OF THE TIM NATURE PRESERVE (ITERN NO. 194, C.C.P., MAR. 7, 2000) That the Corporation Counsel review the rules as listed in the above communication for the Tiffl Nature Preserve and report back to this Council as to whether they comply with the rules and regulations mandated in the City Charter. Page 67 00-0321.txt ADOPTED NO. 162 REZONE 46 GRAPE STREET (ITEM NO. 202, C.C.P., MAR. 7, 2000) That this Common Council supports the process for granting a variance to 46 Grape Street and that the matter be referred to the City Planning Board for their review and approval. ADOPTED NO. 163 RESTAURANT DANCING CLASS 11 - 1683 MAIN STREET (ITEM NO. 59, C.C.P., DEC. 14, 1999) (ITEM NO. 152, C.C.P., MAR. 7, 2000) That the above item be, and the sarne hereby is returned to the Common Council without recommendation. Mr. Coppola moved that the above item be recommitted to the Committee on Legislation. ADOPTED. COMMUNITY DEVELOPMENT (BEVERLY A. GRAY, CHAIRPERSON) NO. 164 REQ. PUBLIC HRG.-US HUD OP. IN COB (EXC. FFN, 3 RESOLVES) (CCP#183-MAR. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 165 CITY PROPERTY AND ENVIRON. PROBLEMS (EXC. FIN. RESOLVE) (CCP#137-NOV. 16,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 166 CITY PROPERTY AND ENVIRON. PROBLEMS (MAYOR-EXEC.) (CCP#2-NOV. 30,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 167 CITY PROPERTY AND ENVIRON. PROBLEMS (BERC) (CCP#66-NOV. 30, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 168 CITY PROPERTY/ENV. PROBLEMS (CD) (CCP#50-DEC. 14, 99) That the above item be and the same hereby is received and filed. Page 68 00-0321.txt ADOPTED NO. 169 E.J. NOWICKI, SEQR REVIEW, SO. BFLO. REDEV. PLAN-COB, ERIE CO. (CCP#64-FEB. 22, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 170 CDBG REHAB LOAN PROGRAM (CD) (CCP#22-JAN. 11, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 171 D. ANDERSON-MASTEN ADV. COUNCIL INC.-CONCERNS-LEAD ABATEMENT PROG. (CD) (CCP#29-FEB. 22, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 172 M. SABIR-GILLETTE - INTL. LEAGUE OF MUSLIM WOMEN - ACQUIRE 166 BOX STREET (ITEM NO. 95, C.C.P., MAR. 7, 2000) That the Commissioner of Community Development be, and he hereby is authorized to negotiate with Margaret Sabir-Gillette of the International League of Muslim Women, Inc., Buffalo, NY Chapter, P.O. Box 1461 for the homestead of 166 Box Street and report the results of negotiations for final approval. PASSED AYES -13 NOES - 0 EDUCATION (RICHARD A. FONTANA, CHAIRMAN) NO. 173 NORTHWEST ACADEMY & PROPOSED EARLY CHILDHOOD CENTER (CCP# 185 -APR. 6, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 174 NORTHWEST ACADEMY AS A COMMUNITY SCHOOL (CCP#186-APR. 6,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 175 NORTHWEST ACADEMY AS A EARLY CHILDHOOD CTR./COMM. SCH. (BD. ED.) (CCP#48-MAY 4, 99) That the above item be and the same hereby is received and filed. Page 69 00-0321.txt ADOPTED NO. 176 OLMSTEAD-H.H. RICHARDSON ADV. BD. (CCP#64-NOV. 16, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 177 JOINT SCHOOLS CONST. BD. (CCP#244-FEB. 8, 00) That the above item be and the same hereby is received and filed. ADOPTED MINORITY BUSINESS ENTERPRISE (CHARLEY H. FISHER, III, CHAIRMAN) NO. 178 EST. JOINT NI/VIRBE UTIL. POL.-BFLO. PUBLIC SCHOOLS & CITY (#224, 9/25) (CCP#125-JAN. 25, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 179 M/WBE POLICY- SCHOOLS/CITY (BD. ED.) (#62, 10/1) (CCP#128-JAN. 25, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 180 N. GEROVAC-PUBLIC HRG.-NABISCO, INC. (CCP#48-JAN. 11, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 181 N. GEROVAC-PUBLIC HRG.-TELESPECTRUM WORLDWIDE INC. (CCP#49-JAN. 11, 00) That the above item be and the same hereby is received and filed. ADOPTED BUDGET COMMITTEE (ROSEMARIE LOTEMPIO, CHAIRPERSON) NO. 182 1999-2000 ARTS/CULTURAL FUNDS-ADV. COMM. FND. REQ. (BFLO. ARTS C.) (CCP#2-APR. 20, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 183 NEW FLOOD INSURANCE MAPS FEDERAL Page 70 00-0321.txt EMERGENCY MANAGEMENT AGENCY FEE - FLOOD ZONE V (ITEM NO. 231, C.C.P., JAN. 25, 2000) (ITERN NO. 114, C.C.P., FEB. 8, 2000) That the Commissioner of Public Works be, and he hereby is authorized to waive any fee for a Flood Zone Certification Letter required by the New Flood Zone Maps. PASSED AYES -13 NOES - 0 NO. 184 FEMA-FLOOD ZONE CERT. LETTERS (PW) (CCP#30-MAR. 7, 00) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 185 By: Mr. Bonifacio LODGING HOUSE ORDINANCE Whereas: The City of Buffalo has a Lodging House Ordinance contained in Chapter 269 of the City Code; and Whereas: Pursuant to 269-9 of the City Code, the Supervisor of Licenses can revoke a Lodging House License for cause after a hearing, however under this provision the only causes for revocation of a lodging house license pertain to Building Code and Health Code violations; and Whereas: Many Lodging Houses generate 911 calls for criminal and nuisance activity; and Whereas: Members of the community have voiced their concerns regarding criminal and nuisance activity at many Lodging Houses in the City of Buffalo; and Whereas: The City has enacted the Nuisance Abatement Law pursuant to Chapter 294 of the City Code, which does require property owners to prevent nuisance activity from occurring at their property or be subjected to civil litigation by the City of Buffalo; and Whereas: The City of Buffalo currently enforces and applies the New York State Bawdy House Law pursuant to Section 715 of the Real Property, Actions and Proceedings Law, which requires property owners to prevent criminal activity, including narcotic activity, from occurring at their property or be subjected to litigation by the City of Buffalo; and Whereas: The City of Buffalo needs to amend the current Lodging House Ordinance to include violations under Chapter 294 of the City Code and Section 715 of the Real Property Actions and Proceedings Law as grounds for suspension or revocation of a Lodging House License; and Now, Therefore Be It Resolved: That the Corporation Counsel review the current Lodging House Ordinance and make a determination as to the ability of the City of Buffalo to amend this Law to include nuisance and criminal violations as grounds for suspension or revocation of a Lodging House License. REFERRED TO THE COMMITTEE ON LEGISLATION, Page 71 00-0321.txt THE CORPORATION COUNSEL, CITY PLANNING BOARD AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT. NO. 186 By: Mr. Bonifacio VACANT LOTS IN THE CITY OF BUFFALO Whereas: There are many vacant lots owned the City of Buffalo; and Whereas: Many of the vacant lots offer no real development opportunities for the City of Buffalo; and Whereas: Although the City of Buffalo has sold several vacant lots to nearby property owners through the Urban Homestead Program, there are still many vacant lots currently in the City's possession; and Now, Therefore Be It Resolved: That the Department of Community Development provide the Common Council with a list of City-owned vacant lots where the City does not have a future development interest in; and Be It Further Resolved: That the Department of Community Development provide the Common Council with the procedures for home owners to purchase adjacent vacant lots; and Be it Further Resolved: That the Department of Community Development meet with each member of the Council to determine the appropriate use of the vacant lots in their respective Districts; and Be It Finally Resolved: That the Department of Community Development work with the Common Council and the community to develop a Strategic Plan for the future use of the vacant lots in the City. REFERRED TO THE COMMISSIONER OF COMMUNITY DEVELOPMENT, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL NO. 187 By: Mr. Brown lncreased Appropriation Reserve for Capital Appropriations Division of Treasury 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 Treasury - Exempt Items be and the same hereby is increased in the sum of $4,005. That, the comptroller be and hereby is authorized and directed to transfer the sum of $4,005 from 10700096-397200 - Reserve for Capital Budget to meet this increased appropriation as set forth below: To: 1000 General Fund 11559007-474100 Division of Treasury – Equipment (3 Personal Computers) $4,005 PASSED. AYES-13. NOES-0. NO. 188 Page 72 00-0321.txt By: Mr. Brown And All Councilmembers EXPAND EDZ PROGRAM FOR BUFFALO, THE STATE'S SECOND LARGEST CITY Whereas: The New York State Economic Development Zone (EDZ) program, which was created in 1987, encourages business development in designated areas by offering targeted incentives and benefits to new and expanding businesses; and Whereas: Companies that move to or expand in EDZ's are eligible for wage and investment tax credits, sales tax refunds, financing assistance, and utility discounts', and Whereas: EDZ's also provide benefits relative to building market rate housing; and Whereas: Existing EDZ's are limited to two square miles and Buffalo has shifted and reshifted its EDZ boundaries to maximize its EDZ space in support of local businesses; and Whereas: There are 52 EDZ's across New York State, including 9 in New York City; and Whereas: Buffalo, the State's second largest city, with a "job engine" that is ranked 14 1h out Of the State's 15 metropolitan areas, has only one Economic Development Zone - the same capacity as the municipalities of Fulton (population 12,929), and Friendship (1,423); and Whereas: Buffalo's industrial and commercial companies are spread out widely over a 40 square mile area, and the effect of Buffalo's 2 square mile EDZ is far more diluted here than most of New York's EDZ's, which are in far smaller communities; and Whereas: In October, this Council passed a resolution requesting New York State to add to Buffalo's EDZ and, to date, no response has been filed to this resolution; and Whereas: NYS Assembly Speaker Sheldon Silver has presented an exciting nine-point recovery plan that wisely includes the expansion of EDZ's into "Empire Zones" for Buffalo, Niagara Falls, Lackawanna, and Jamestown; and Whereas: It is now more critical than ever that Buffalo's EDZ capacity be expanded as several exciting projects are being proposed, planned and implemented in the City that will be outside Buffalo's EDZ; and Whereas: There is some speculation that the Buffalo area economy is finally turning the corner and expanded EDZ capacity may provide the immediate boost that is needed to put the recovery in full gear; Now, Therefore, Be it Resolved That: This Common Council requests Governor Pataki, the New York State Legislature and the Empire State Development Corporation to recognize Buffalo's importance as the second largest city in New York State and to cooperate in designating more EDZ space within the City of Buffalo, either by expanding Buffalo's 2 square mile limit to 4 square miles, or designating a second 2 mile EDZ for the City of Buffalo; and Be It Further Resolved That: The City Clerk be directed to send certified copies of this resolution to Governor Pataki, to Hon. Sheldon Silver, Speaker of the Assembly, to Hon. Joseph Bruno, Senate Majority Leader, to the members of the Western New York State Legislature delegation, and to Charles Page 73 00-0321.txt A. Gargano, Chairman of the Empire State Development Corporation. PASSED. AYES-13. NOES-0. NO. 189 By: Mr. Brown INCREASED APPROPRIATION DUNN TIRE PARK 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 - Dunn Tire Park be and the same hereby is increased in the sum of $17,200. That, the comptroller be and hereby is authorized and directed to transfer the sum of $17,200 from Enterprise Fund - Dunn Tire Park 50000000-273-000 - Retained Earnings Reserve for Replacements to meet this increased appropriation as set forth below: From: Enterprise Fund - Dunn Tire Park 50000000-273-000 - Reserve for Replacements $17,200 To: 50004807-473020 Enterprise Fund - Dunn Tire Park Capital Outlay Structural Improvements $17,200 PASSED. AYES-13. NOES-0. NO. 190 By: Mr. Brown Increased Appropriation Reserve for Capital Appropriations Enterprise Fund - Refuse & Recycling 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 - Enterprise Fund - Refuse & Recycling - Exempt Items be and the same hereby is increased in the sum of $25,000. That, the comptroller be and hereby is authorized and directed to transfer the sum of $25,000 from 10700096-397200 - Reserve for Capital Budget to meet this increased appropriation as set forth below: To: Enterprise Fund 52002607 - Collection of Refuse & Recycling, Capital Outlay 474100 - Equipment (Grapple for Excavator) $25,000 PASSED. AYES-13. NOES-0. NO. 191 By: Mr. Brown INCREASED APPROPRIATION FUND BALANCE That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriations in the Page 74 00-0321.txt budget for the current fiscal year for - BMHA, Tax Adjustment and Data Processing, be and the same hereby are increased in the sums of $650,000, $300,000 and $64,553.25 respectively. FROM: That the comptroller be and hereby is authorized and directed to transfer the sum of $ from the Unreserved Fund Balance 107000960-0397000 to meet this increased appropriations as set forth below: 10700096 - 397000 - General Fund - Unreserved Fund Balances To: 17210006-435002 BMHA $650,000 17221008-480101 Tax Adjustment $300,000 10471006-443400 Data Processing - Maintenance Contracts $ 64,553.25 REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 192 By: Mr. Brown INCREASED APPROPRIATION FUND BALANCE LAW DEPARTMENT That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Law Department - Legal Services, Miscellaneous & Claims, be and the same hereby is increased in the sum of $1,455,000. FROM: That the comptroller be and hereby is authorized and directed to transfer the sum of $1,455,000 from the Unreserved Fund Balance 107000960-0397000 to meet this increased appropriation as set forth below: 10700096 - 397000 - General Fund - Unreserved Fund Balance $1,455,000 TO: General Fund 10546006 - Law Department 432003 - Legal Services $ 55,000 480000 – Miscellaneous $ 200,000 480205 – Claims $1,200,000 REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 193 By: Mr. Brown ORDINANCE AMENDMENT CHAPTER 454 - TOW TRUCKS The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 454 of the Code of the City of Buffalo be amended to read as follows: ARTICLE I GENERAL TOWING § 454-1. Intent and Definitions. A. It is the intent of the City of Buffalo, through the Page 75 00-0321.txt enactment of this ordinance, to regulate instances of towing in the City of Buffalo in order to promote safety and responsibility within the Streets and highways of the City of Buffalo. The public interest is served by the licensing of towing companies and vehicles in order to properly identify tow trucks and to protect the citizens of the City from abuse and mistreatment. B. As used in this [chapter] article , the following terms shall have the meanings indicated: PERSON - Includes any individual, partnership, firm, corporation, association, company or organization of any kind. TOWING - The carrying, lifting or moving of a single motor vehicle by another motor vehicle. TOW TRUCK OWNER - Includes anyone owning and operating or causing to be operated a tow truck for compensation within the City of Buffalo. § 454-2. License required. A. It shall be unlawful after the effective date of this chapter for any person to conduct the business for compensation of owning and operating or causing to be operated a tow truck within the City of Buffalo without first having obtained a license in the manner hereinafter set forth. B. Any person violating the provisions of this section may be liable for penalties as prescribed in Chapter 137, Article 1, of this Code. C. It shall be unlawful after the effective date of this chapter for any person to operate a tow truck for compensation within the City of Buffalo without first having obtained a license in the manner hereinafter set forth. § 454-3. Application for license. Applications for licenses required by this chapter shall be made upon forms provided by the Director of [Housing and Inspections] Inspections, Licenses and Permits of the City of Buffalo, shall be signed and verified under oath by the applicant if an individual and by a duly authorized agent if a partnership or corporation or similar organization and shall set forth the following: A. If a person, the name and address of the applicant. B. If a partnership, the name, residence and business address of each partner. C. If a corporation, the name, date and state under whose laws such corporation was organized, and if a foreign corporation, whether authorized to do business in the State of New York, and in either event, the names of the principal officers, directors or other authorized agents, their residences and business addresses. D. If an organization of any other kind, the authorized agents for said organization and their residences and business addresses. § 454-4. Issuance of license. The Director of [Housing and Inspections] Inspections, Licenses and Permits shall forward such application for a license, along with other pertinent information, to the Department of [Public Works] Police of the City of Buffalo; and after an investigation and favorable report by said Department, the Director of [Housing and Inspections] Inspections, Licenses and Permits, upon payment of the proper fee and provided, further, that he is reasonably satisfied that the applicant is a Page 76 00-0321.txt responsible individual or organization, that the individuals concerned are of good character and that the statements set forth in the application are true and that all laws and ordinances pertaining thereto have been complied with, shall issue a license to the tow truck owner or applicant. § 454-5. Display and transferability of license. A. Upon the issuance of such license, the holder thereof shall be allowed to operate a tow truck for compensation within the City of Buffalo, provided that he conspicuously displays in clear and legible letters of at least two (2) inches in height on both doors of the tow truck the owner's name, business location and telephone number and the number of his license or otherwise identifies himself as a holder of a valid license from the City of Buffalo; and provided, further, that such license number or other identification of the license holder is displayed conspicuously in clear and legible letters of at least four (4) inches in height on both doors of the tow truck. B. No license issued under this chapter shall be transferable or assigned or used by any other person other than the one to whom it is issued. C. Any person violating the provisions of this Section may be liable for penalties as prescribed in Chapter 137, Article I, of this Code. § 454-6. License fees; expiration. The biennial license fee for doing business as the owner or operator of a tow truck within the City of Buffalo shall be the sum as provided in Chapter 175, Fees, and such license shall expire on the second April I following the date of issuance. § 454-7. Renewal of license. An application for renewal of a license shall be filed and the fee therefor paid on or before the 15th day of March biennially. § 454-8. Revocation of license. The Director of [Housing and Inspections] Inspections, Licenses and Permits may revoke a license issued under this chapter upon a hearing, after a reasonable written notice of the time and place of such hearing, for cause and particularly if he finds that the licensee has made any materially false or incorrect statements in the application or if he finds that the licensee has failed to comply with any of the provisions of this chapter or any other statute, regulation or ordinance relating to the operation and/or ownership of tow trucks. § 454-9. Responsibilities of licensee. Anyone holding a valid license for the ownership and/or operation of a tow truck under this chapter, when responding to a call for his services, shall cooperate fully with all lawfully constituted authorities and shall immediately remove any vehicles that may be a traffic hazard and shall immediately remove or cause to be removed any debris or dislodged parts of motor vehicles which may have been deposited on any of the streets of this city because of the incident for which his services were required. ARTICLE 11 AUTHORIZED CITY TOW TRUCKS §454-10. Purpose and applicability. A. It is the purpose and intent of this ch4pter to establish an orderly system for the safe and expeditious removal of disabled motor vehicles from the streets of the City of Page 77 00-0321.txt Buffalo, to supervise and control the operation of towing businesses that are granted permission to tow for the Police Department or the Division of Parking Enforcement, and to remove and dispose of vehicles abandoned on streets located in the City of Buffalo. B. The provisions of this chapter shall not prohibit the driver or owner of a vehicle which needs towing service from contracting with any towing company of his or her own choice, provided that: (1)The vehicle is not being towed by police order pursuant to an arrest or a violation of law or statute or for police investigation: and (2)The towing service contracted with has the ability to, and actually does, respond within a reasonable period of time, as determined by the police officer in charge at the scene, taking into consideration traffic conditions and the safety and well-being of those affected by the situation. C. Services provided by an authorized City tower not specifically covered by this chapter shall not be regulated by the City of Buffalo and will be based solely on the contract which exists between the towing company and the driver/owner of the vehicle. 454-11. Definitions. As used in this article, the following terms shall have the meanings indicated: ABANDONED VEHICLE - A vehicle as defined in § 1224 of the Vehicle and Traffic Law of the State of New York. ACCIDENT - Any incident or occurrence in which one (1) or more motor vehicles come in contact with each other or any other object, thereby causing damage to or disabling a motor vehicle. AUTHORIZED INVOICE - An invoice approval by the Division of Inspections, Licenses and Permits which contains: A. The name, address and telephone number of an authorized City tower. B. The logo of a nationally recognized credit or debit card. C. A list of current towing charges of the authorized City tower. AUTHORIZED CITY TOWER - A towing company which has been approved by the Police Department, the Division of Parking Enforcement and the Division of Inspections, Licenses and Pen-nits to tow vehicles on behalf of the City of Buffalo. AUTHORIZED TOW TRUCK - A specially equipped vehicle designed for the towing o pushing of disabled vehicles and which is: A. At least one (1) ton commercially built wrecker body. B. Equipped as set forth in §454-18 of this chapter. C. Registered as a tow truck with the New York State Department of Motor Vehicles. CITY - City of Buffalo. Registered as a tow truck with the New York State Department of Motor DIVISION OF INSPECTIONS, LICENSES AND PERMITS - The Director of the Division of Inspections, Licenses and Permits of the City of Buffalo or any other member of Division designated by the Director of the Division of Inspections, Licenses and Permits to perform Page 78 00-0321.txt duties under this chapter. DIVISION OF PARKING ENFORCEMENT - The Director of the Division of Parking Enforcement of the City of Buffalo or any other member of Division designated by the Director of the Division of Parking Enforcement to perform duties under this chapter- DRIVER - A person who operates or drives or is in actual physical control of an authorized tow truck upon the highways located in the City of Buffalo and whose driver's license possesses an "S" endorsement. HEAVY TOW TRUCK - An authorized tow truck having a winch and which is capable of lifting a minimum Gross Vehicle Weight Rating (GVNVR) of ten thousand (10,000) pounds. LETTER OF AUTHORIZATION - A document signed by the Director of Inspections, Licenses and Permits authorizing a towing company to provide service for the City of Buffalo Police Department and which: A. Is annually renewable. B. Specifies all the terms an authorized City tower must abide by. C. May be rescinded by either Party upon giving the other party twenty-four (24) hours' prior written notice. D. May be suspended by the City without prior written notice pending a hearing to determine whether there is sufficient cause to revoke such letter. POLICE DEPARTMENT - The Commissioner of Police of the City of Buffalo or any other member of Police Department designated by the Commissioner of Police of the City of Buffalo to perform duties under this chapter. TOWING - The carrying, lifting or moving of a motor vehicle by another motor vehicle. 454-12. Circumstances for removal of vehicles. The Police Department or the Division of Parking Enforcement may direct the removal of vehicles in the following circumstances: A. When any vehicle is parked or abandoned on any highway within the City during snowstorm, flood, fire or other public emergency which affects that portion of the public highway Mon which said vehicle is parked or abandoned. B. When any vehicle is found unattended on any highway within the City where said vehicle constitutes an obstruction to traffic, C. When any vehicle is parked or abandoned on any highway within the City where stopping, standing or parking is prohibited. D. When any vehicle is disabled and rendered inoperable as a result of any collision or accident upon a public highway or right-of-way. E. When any vehicle is parked on private property without the consent of the owner of such property. F. When the driver of such vehicle has been arrested and taken into custody and the vehicle must be removed from the public highway or from private property other than the driver's, or when the vehicle must be removed to ensure the safety of the vehicle and its contents. 454-13. Authorization to tow required. No towing company shall be allowed to tow vehicles on behalf of the City of Buffalo unless and until it has been approved by the Division of Inspections, Licenses and Permits and the Police Department as an authorized Page 79 00-0321.txt City tower in accordance with this chapter. The Division of Parking Enforcement may also contract with towing companies as needed to further the duties of the Division. §454-14. Duties of Division of Inspections, Licenses and Permits. The Division of Inspections, Licenses and Pen-nits is hereby authorized to: A. Receive and review any and all applications filed with the City by towing companies for permission to be designated as authorized City towers. B. Solicit the approval of the Police Department which towing companies should be designated as authorized City towers. C. Determine the number of authorized City towers. D. Determine, in cooperation with the Division of Parking Enforcement the policy an procedure for all items pertaining to the towing of vehicles on behalf of the City of Buffalo which are not addressed in other sections of this chapter. §454-15. Application for letter of authorization. A. An application for a letter of authorization shall be made upon forms made available b the Division of Inspections, Licenses and Permits. Such application shall include the following information: (1) The name, address and telephone number of the business. (2) The name of the owner of the business, his address and telephone number. (3) The name, address and telephone number of the contact person at the business. (4) The location and size of the storage area, along with the location and size of any alternate or additional storage areas. (5) The hours the storage area is supervised. (6) The height and type of construction of fence surrounding the storage area. (7) A description of the trucks and the owners' names (including year, make, model, vehicle identification number and New York State registration number). (8) The number and types of trucks available for towing. trucks. (9) The number, names, addresses and dates of birth of drivers available for tow (10) The flatbeds available (11) The dollies available. (12) A certificate of insurance for liability/property/personal injury damage showing thereon limits of insurance, as prescribed by the Corporation Counsel. (13) Visa Card and MasterCard contracts (copies). (14) References. (15) A resume of business/towing experience and training. (16) Permission for the Buffalo Police Department to conduct a fingerprint " criminal history record investigation of the owner(s) and driver(s). Waivers will be signed by each owner and driver. Such fingerprints will be forwarded to the Division of Criminal Justice Services (DCJS) along with the appropriate processing fee. All processing fees are to be paid by the applicant and the only authorized method of payment will be a United States Postal or American Express money order Page 80 00-0321.txt made out to the Division of Criminal Justice Services. Authorization will not be granted to an owner or driver convicted of any felony, any offense relating to the theft or dismantling of motor vehicles, insurance fraud or sex offenses, or any series of convictions for traffic offenses that would indicate a pattern of disregard for vehicle safety. (17) Permission shall be granted by the applicant for an unannounced on-site inspection of the applicant's premises by the Police Department. B. Term of letter of authorization. (1) If a towing company is designated as an authorized City tower, such firm will be issued a letter of authorization, which will expire one (1) year from the date of issuance. Reissuance of such letter of authorization will be based on the past performance of said towing company and on continued compliance with all the provisions of this chapter. (2) The letter of authorization represents an agreement to provide towing service to the City of Buffalo for one (1) year. The Division of Inspections, Licenses and Permits may renew this letter annually without requiring a new application, or may decline to renew the letter of authorization at the Director's discretion based on complaints about the towing company, noncompliance with this chapter or the desire to reduce the number of authorized City towers. (3) Nothing in this ch4pter shall prohibit a towing company from reapplying for designation as an authorized City tower. C. In the event any of the information required by the application should change, the applicant must notify the Division of Inspections, Licenses and Permits and advise them of such change. It is the responsibility of the towing company to keep all information on file up to date. ~454-16. Annual license and registration fee. A. To qualify as an authorized City tower, each towing company shall remit a biennial license fee of fifty-two dollars and fifty cents ($52.50) to the City. B. Prior to approval or reissuance of a letter of authorization, an authorized City tower shall remit a biennial registration fee of one thousand dollars ($1,000.00) to the City. C. The letter of authorization shall not be transferable and the registration fee shall not be prorated. D. The registration fee shall be due upon issuance or reissuance of the letter of authorization and shall expire on the second April I following the date of issuance. ~454-17. Minimum requirements for designation as authorized City tower. A. A towing company must meet the following minimum requirements before it will be considered as an authorized City tower: (1) The applicant's towing company, tow trucks and drivers must be equipped and licensed in accordance with this chapter. (2) All of the requirements of this ch4pter must be successfully met, an approved application must be received and all information and data contained therein must be verified b the Division of Inspections, Licenses and Permits. (3) The proper and necessary insurance certificates Page 81 00-0321.txt must be obtained and submitted to the Division of Inspections, Licenses and Permits. (4) The applicant must own or lease a facility that complies with the provision of §454-19 of this chapter. (5) The facility and property must be at a location that is zoned properly for such type of business and must comply with all laws of the City, the County of Erie and the State of New York. B. An authorized City tower must also meet the following requirements: (1) The City tower must provide rapid service, which means the tower must respond within thirty (30) minutes. (2) The City tower must have a storage lot as specified in §454-19 of this chapter. (3) There must be a building or other acceptable office facility on the storage site. (4) The office shall be staffed, at the minimum, at the following times: Mondays through Fridays from 9:00 a.m. to 5:00 p.m., and either Saturdays or Sund4ys from 9:00 a.m. to 12:00 p.m. The telephone number(s) for twenty-four (24) hour retrieval must be posted in a conspicuous place on the storage site. (5) The City tower must have a business card printed, containing the address phone numbers and fee schedule of the authorized City tower. (6) The City tower must maintain at least two (2) tow trucks. (7) Vehicles shall be subject to periodic inspection by the Police Department and/or the Division of Inspections, Licenses and Permits. (8) Rates charged shall not exceed the rates set forth in §454-24 of this chapter. (9) The City tower shall be authorized to take vehicles only to a pre-designated area, unless authorized emergency storage is ordered by the Police Department or the Division of Parking Enforcement. (10) The towed vehicle must be towed only by the assigned authorized City tower. No surrogates are allowed unless ~specifically authorized by the Police Department or the Division of Parking Enforcement. C. An authorized City tower shall as a condition to being designated as an authorized City tower, agree to accept and abide by all of the terms of this chapter. §454-18. Required minimum equipment. Authorized tow trucks shall have the following minimum equipment on board at all times: A. Amber lights, as defined in §375, Subdivision 41(3) of the Vehicle and Traffic Law of the State of New York. B. A carbon dioxide or dry powder fire extinguisher with a minimum capacity of ten (10) pounds. C. One (1) dozen red railroad-type flares (thirty (30) minutes). D. A safety chain. E. A shovel. F. A broom. G. A commercially manufactured rigid tow bar with slings or a commercially manufactured wheel lift. H. A commercially made lifting boom. 1. A four-ton power winch equipped with one hundred (100) feet of three-eighths-inch steel cable. J. Fifty (50) feet of additional cable or chain. K. A dolly with wheels. Page 82 00-0321.txt L. One (1) pair of chains eight (8) feet in length with J hooks and T hooks attached. M. A tow block (may use a four-foot piece of a wooded four-by-four, if no wheel lift is available). N. Scotch blocks. O. A trailer for motorcycles, all-terrain vehicles, snowmobiles (a flatbed would satisfy this requirement). P. Trucks must be clearly marked with the name, address and telephone number of the towing company in at least two-inch letters on both doors of the truck. Q. Work lights directed to the rear of the vehicle to illuminate the area behind the tow truck. R. If the City requires two-way radio communication, authorized City towers will equip all their trucks at their own expense with designated radio equipment as specified by the Police Department. §454-19. Storage of towed vehicles. A. Any vehicle removed by an authorized City tower shall be stored in a lot enclosed by chain link or stockade fence at least six (6) feet in height. This fence must be maintained in good repair with no breaks or open areas. Vehicles may be stored in an enclosed building in lieu of a fenced lot. B. Exterior lighting of the vehicle storage area shall be required and shall be directed towards the vehicle storage area in a manner that is sufficient to light the entire area to allow all of the vehicles to be clearly seen during the hours of darkness. The lighting must not reflect or glare into adjoining residences or businesses. Lighting must be operational during the hours of darkness and must be kept in good working condition. C. The minimum storage capacity on the actual site of the business must be no less than ten (10) vehicles. The authorized City tower must have alternate temporary storage available to him for additional ten (10) vehicles: such temporary storage must be approved by the Division of Inspections, Licenses and Permits and must be in a fenced and secure area. D. Any actual or suspected tampering with towed vehicles or any theft must be reported to the Police Department within twenty-four (24) hours of the incident. E. The City will assume ownership of all abandoned vehicles pursuant to 1224 of the Vehicle and Traffic Law of the State of New York. F. Upon obtaining ownership of abandoned vehicles said vehicles will be disposed of in accordance with 1224 of the Vehicle and Traffic Law of the State of New York. The tower may be directed to deliver such abandoned vehicles to a designated site. The tower will then be paid for such towing by City voucher. No storage charges will be paid by the City for abandoned vehicles. G. The maximum fees to be paid by the City for any abandoned vehicle impounded and disposed of by the City shall be fifty dollars ($50). H. In no case will the amount paid to the tower exceed the salvage fee or any other payment the City has received. 1. Towers must establish contact in a timely manner with the registered owner of a vehicle and inform them where the vehicle is being stored in the event the owner or a responsible party is not present at the scene of the tow. Information on Page 83 00-0321.txt storage rates should also be conveyed at that time. §454-20. Removal of towed vehicles; records. A. The authorized City tower shall, without delay, report to the Police Department the removal and disposition of any vehicle removed as provided in this chapter. B. Towers shall keep accurate and orderly records of all vehicles towed, in a manner prescribed by the Police Department. §454-21. Release of vehicles. The Police Department will establish procedures and shall disseminate standardized forms to be used for releasing all impounded vehicles. ~454-22. Conversion of vehicles to City use. Any vehicle towed pursuant to this chapter or otherwise caused to be towed by the City which shall become an abandoned vehicle ma be converted to City use pursuant to 1224, Subdivision 6 of the Vehicle and Traffic Law of the State of New York. §454-23. Tow zones. A. The Police Department is hereby empowered to establish tow zones within sixty (60) days from the effective date of this chapter. These zones should be designed to ensure the best towing coverage, dispatch efficiency, response time and convenience for drivers claiming their vehicles. Once these zones are established, only that tower assigned to that zone will be allowed to tow vehicles within that zone. Authorized City towers will be dispatched from a list designated for that zone on a rotational basis. The Police Department may amend the zones as required by circumstances. B. During any highway emergency, such as snowstorms, floods, etc., the Police Department may suspend the boundary lines of these zones for the purpose of more efficient vehicle removal. The Police Department may not suspend these boundary lines for more than ten (10) consecutive days without authorization from the Common Council. C. The Police department shall retain the discretion to determine whether a tower is qualified to perform any particular tow at the scene of such tow. ~454-24. Rate schedule. Authorized City towers shall not charge more than the following rates for the followin%4 respective services: A. Passenger vehicles and light trucks; (1) Standard two (vehicles up to ten thousand pounds) $55.00 (2) Flat bed $70.00 (3) Additional fees for labor, recovery and towing (a) Truck and driver hourly rate $60.00 (b) Dolly wheels $15.00 (c) Trailer for motorcycle, ATV/C, snowmobile $15.00 (d) Wincing (per one-fourth '/4hour) $15.00 (4) Storage (per day) $10.00 (5) Releasing after 5:00 p.m. weekdays or other than required business hours on Saturday, Sunday and holidays Page 84 00-0321.txt $15.00 B. Heavy trucks, buses, tractor trailers and machinery; (1) Hook Lip and tow vehicle over ten thousand (10,000) pounds $100.00 (2) Additional labor fees for heavy vehicle recovery and towing. (a) Air hookup $15.00 (b) Mechanically released brakes (per axle) $15.00 (c) Drop trailer from tractor $20.00 (d) Remove axle (per axle) $20.00 (e) Remove drive shaft $25.00 (f) Remove bumper $25.00 (3) Trailer towed behind vehicle $50.00 (4) Winching $100.00 (5) Additional labor (hourly per person) $40.00 (6) Flatbed (per hour) $100.00 (7) Storage (per twenty-four hour day) (a) Tractor $15.00 (b) Trailer $15.00 (c) Bus $15.00 (d) Truck over twenty (20) feet long $15.00 §454-25. Inspections. A. Storage area and tow trucks. Upon receipt of a properly completed application, the Division of Inspections, Licenses and Permits shall direct the application to be reviewed and an on site inspection of the storage area and tow truck(s) to be conducted by the Division, the Police Department and the Fire Department to determine if the requirements as set forth in this chapter are met. Within a reasonable time after completion of the review and inspection, the Police Department and the Fire Department shall either recommend approval or denial of the application to the Director of Inspections, Licenses and Permits. B. Periodic inspections. The Police Department will make quarterly on-site inspections of each tower's operating base and storage area. During this inspection, all required records, forms, tow trucks, storage areas, lighting, security, tow truck equipment, etc., is subject to inspection. The result of this inspection will be made part of the towing company's permanent file. C. Compliance. Towers will have fifteen (15) days to bring any deficiency noted during inspection into compliance with the provisions of this chapter. Failure to do so will be grounds for cancellation of the letter of authorization. s454-26. Monthly audit. An authorized City tower shall provide copies of any receipts to the Division of Inspections, Licenses and Permits on a monthly basis. This will be accomplished by providing the Division with copies of these receipts no later than the fourth day of every month. These receipts shall reflect all towing work done for the Police Page 85 00-0321.txt Department and/or the Division of Parking Enforcement during the previous month. § 454-27. Revocation of letter of authorization. An authorized City tower may be removed from service by Police Department and/or the Division of Parking Enforcement via the process of rescinding the letter of authorization prior to the annual expiration date for violating the provisions of the letter of authorization, this chapter or for making materially false statements on the application for a letter of authorization. § 454-28. Appeal and hearing. In the event that the Police Department and/or the Division of Parking Enforcement refuses to recommend renewal or revokes or suspends a letter of authorization, the authorized City tower shall have the right to appeal such refusal, revocation or suspension to the Division of Inspections, Licenses and Permits, in accordance with the following provisions: A. Refusal, revocation or suspension of a letter of authorization shall be determined by the Division of Inspections, Licenses and Permits after a hearing held pursuant to the notification procedure listed in Subsections B through D of this section. B. Whenever it shall be provided herein that a hearing shall be held, such hearing shall be held on a date and at a place and hour designated by the Division of Inspections, Licenses and Permits. C. The Division of Inspections, Licenses and Permits shall give notice of any hearing to be held hereunder, stating the name and business address of the authorized City tower concerned, the subject matter of the hearing and the date, place and hour designated therefor, by mailing a copy of such notice to the tower concerned at the business address shown upon the most recent application of such tower at least ten (10) days prior to the date of such hearing. D. At any hearing held for the refusal, revocation, suspension or removal of a tower from a list, such tower shall be entitled to be represented by legal counsel and to present testimony or other evidence in his own behalf, as may be relevant to the subject matter of the hearing, § 454-29. Effective dates. This chapter shall become effective on the first day of July 2000. S 454-30. Severability. Should any section or provision of this chapter be decided by any court to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole or any part hereof other than the part so decided to be unconstitutional or invalid. It is hereby certified, pursuant to Section 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 under- lined is new. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 194 By: Mr. Brown Page 86 00-0321.txt TRANSFER OF FUNDS DIVISION OF BUDGET AND MANAGEMENT DIVISION OF ENGINEERING That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $100,000 be and the same is hereby transferred from the Division of Budget and Management - Planning for Capital Projects account and said sum is hereby reappropriated as set forth below: From: Org.-Object 30000106-445100 Division of Budget and Management Planning for Capital Projects $100,000 To: Org. - 30336006 Capital Project Fund Division of Engineering City Wide Traffic Calming Project (design phase) $100,000 PASSED. AYES-13. NOES-0. NO. 195 By: Mr. Brown TRANSFER OF FUNDS DIVISION OF BUDGET AND MANAGEMENT DIVISION OF ENGINEERING That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $250,000 be and the same is hereby transferred from the Division of Budget and Management - Planning for Capital Projects account and said sum is hereby reappropriated as set forth below: From: Org,-Object 30000106-445100 Division of Budget and Management Planning for Capital Projects $250,000 To: Org.-30040006 Capital Project Fund Division of Engineering Niagara Street Reconstruction (design phase continuation) $250,000 PASSED. AYES-13. NOES-0. NO. 196 By: Mr. Brown and Ms. Gray GRANT EAST LAUREL STREET BLOCK CLUB PERMISSION TO BEAUTIFY THE CITY-OWNED VACANT LOT AT 209 EAST UTICA STREET Whereas:Buffalo Public School #8 (Follow Through Magnet) is located on the corner of Masten Avenue and East Utica Street; and Whereas:There is a City-owned, vacant lot adjacent to the school at 209 East Utica Street; and Whereas:The East Laurel Street Block Club has requested the use of 209 East Utica Street for the purposes of a beautification project; and Whereas:This project will be a learning and educational opportunity for the students of Follow Page 87 00-0321.txt Through Magnet, including some of the children and grandchildren of block club members; and Whereas:As it is important that the City make every effort to work with community groups who seek to improve their neighborhood, Councilmembers Gray and Brown will be allocating Community Development Block Grant funding to provide assistance with the beautification; Now, Therefore, Be It Resolved: That the East Laurel Street Block Club be given the permission of the City of Buffalo to conduct a beautification project using the City-owned, vacant lot located at 209 East Utica Street; and Be It Further Resolved: That a copy of this resolution be sent to the Division of In-Rem Properties. ADOPTED NO. 197 By: Mr. Coppola DISCHARGE THE LEGISLATION COMMITTEE - ITEM 177 - CCP - FEBRUARY 22, 2000 - "SET HRG. SHARING OF ADDL. (1%) SALES TAX (EXC. FINAL THREE RESOLVES)" Whereas: Item 177- CCP - February 22, 2000 - "Set Hrg.-Sharing of Addl. (1%) Sales Tax (Exc. Final Three Resolves)" is presently before the Committee on Legislation; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore, Be It Resolved That: This Common Council does hereby discharge the Committee on Legislation from further consideration of Item 177 - CCP - February 22, 2000 - "Set Hrg.-Sharing of Addl. (1%) Sales Tax (Exc. Final Three Resolves)", and said item is now before the Council. ADOPT DISCHARGE AND HEARING REMAINING TO THE SPECIAL COMMITTEE ON GOVERNMENT RELATIONS NO. 198 BROADWAY MARKET BOARD APPEALS In light of the ongoing controversy at the Broadway Market, the Common Council believes that any action taken regarding the future of the Market should be carefully considered. It has come to the City's attention that some major developments are being considered by the Board at their meeting of March 15, 2000. Until such time as the City Comptroller's audit of the Broadway market is complete, the Council requests that the Board not vote to approve any matter pending before it. RECEIVED AND FILED NO. 199 By: Mr. Fisher, Ms. Gray CREATION OF AN EMERGENCY ASSISTANCE PROGRAM FOR SMALL BUSINESS DEVELOPMENT Whereas:The engine of our local economy is small businesses; and Whereas:The health of the City of Buffalo is directly tied to the stability of its various commercial strips, and Page 88 00-0321.txt Whereas: As businesses along such streets as Jefferson, Bailey and Broadway have suffered so have the neighborhoods around them; and Whereas: While the Buffalo Economic Renaissance Corporation has made significant steps towards creating low interest loans for small businesses, there are tremendous needs for small businesses, particularly for minority and women owned businesses; and Whereas: Small businesses have an extremely difficult time gaining access to traditional sources of capital, particularly minority and women owned businesses. Now, Therefore, Be It Resolved: The Buffalo Economic Renaissance Corporation files 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. Be It Further Resolved: This Common Council requests the Buffalo Economic Renaissance Corporation 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. Be It Further Resolved: 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. Be It Further Resolved: 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. Be It Further Resolved: Said Program shall be located not within the offices of the Buffalo Economic Renaissance Corporation but in a neighborhood on one of Buffalo's many commercial streets. Be It Further Resolved: 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 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE BUFFALO ECONOMIC RENNAISANCE CORPORATION NO. 200 By: Mrs. Grant PETITIONS IN SUPP0RT 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 Councilmembers Resolution requesting a User Fee Exemption for low income Seniors; and WHEREAS:While this honorable body have in its Page 89 00-0321.txt possession signed petitions with more than 650 signatures to abolish the Garbage User Fee for all homeowners, and NOW, THEREFORE , BE IT RESOLVED THAT: The attached petitions of an additional 700 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 thirteen hundred and fifty Petitions is only a partial representative of the signatures collected thus far, and &at 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: Thew 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. 201 By: Mrs. Grant TEMPORARY WAIVER OF RESIDENCY REQUIREMENT WHEREAS: The City of Buffalo has a residency requirement law that covers all employees of the City of Buffalo excluding those who are employees of the Fire, Police and Sanitation Department, and who are thereby, covered by New York State mandated exemption clauses; and WHEREAS:Certain newly-hired employees, from time to time, are granted a six month waiver from the city's residency laws; and WHEREAS:The City of Buffalo has no mechanism in place that neither monitors nor declares when an employee has not fulfilled his/her obligation to establish city residency once the temporary waiver has expired; and WHEREAS:It is largely unknown how many nonresidents are being granted residency waivers in any particular year or whether they signed documents confirming their upcoming relocation into the city. THEREFORE, BE IT RESOLVED THAT: The Civil Service Commissioner compile a list of the City of Buffalo employees who signed such relocation documents and that the Civil Service Commissioner be directed to file such documents with this honorable body biannually. BE IT FURTHER RESOLVED THAT: The City of Buffalo Administration, the Civil Service Commissioner or any and all departments that hires or promotes City of Buffalo employees make every effort to consider or give a preference to those applicants who are currently residents of the City of Buffalo; and BE IT FURTHER RESOLVED, THAT: A copy of this resolution is delivered to the Mayor of the City of Buffalo, all city departments, the Corporation Counsel, the Board of Education, Buffalo Sewer Authority, Buffalo Municipal Housing Authority and other Page 90 00-0321.txt agencies that this honorable body deems necessary. BE IT FINALLY RESOLVED, THAT: All parties mentioned in the prior resolve respond to this honorable body no later than 2 P.M. on April 4, 2000. REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE CIVIL SERVICE COMMISSION, THE CORPORATION COUNSEL AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 202 By: Ms. Gray and Mr. Coppola SET UP DEVELOPMENT ZONE FOR HOSPITALS AND EDUCATIONAL INSTITUTIONS Whereas: Local hospitals and educational institutions have been unable to benefit from the NYS Economic Development Zone (EDZ); and Whereas: The EDZ legislation is targeted to profit making businesses, and Buffalo's Zone, which is already stretched to its two mile limit, doesn't include many of our hospitals and educational institutions; and Whereas: These institutions have a great need for financial relief similar to that offered by EDZ's; and Whereas: For example high utility bills are a major problem, particularly for local hospitals; and Whereas: Buffalo's economy has largely been left behind by the national economic boom, and until things improve substantially here, it would be important to offer some relief to these non-profit institutions that provide for the health and education of our City's citizens; and Now, Therefore, Be It Resolved That: This Common Council requests Governor Pataki to designate a non-contiguous one square mile "Hospital and School Development Zone'" for the City of Buffalo that will include incentives such as lower utility costs; and Be It Further Resolved That: That the City Clerk be directed to send a certified copy of this resolution to Governor Pataki and to the Western New York Legislature delegation. ADOPTED NO. 203 By: Mr. Pitts URGE CONGRESS TO SUPPORT H.R. 3613 (SHELTER CARE PROGRAM FUNDING) Whereas: The United States Congress is currently considering H.R. 3613, a bill to authorize the Secretary of Housing and Urban Development to fund, on a one-year emergency basis, certain requests for grant renewal under the programs for permanent supportive housing and shelter-plus- care for homeless persons; and Whereas: This bill, introduced by Member of Congress John LaFalce, is necessary to ensure the continuous delivery of services to our veteran population; and Whereas:The Buffalo Urban Renewal Agency recently had to approve a grant extension for the Shelter Plus Care grant for the Western New York Housing Coalition in order to allow them to utilize unexpended grant funds; and Whereas: Those unexpended funds are vitally Page 91 00-0321.txt necessary for the local Shelter Plus Care program as the Department of Housing and Urban Development ("HUD") has denied further funding for the grant; and Whereas: Without additional HUD funding, 178 families and individuals across Erie County are at risk of eviction and homelessness; and Whereas:This bill, if passed by Congress, can prevent this tragedy, Now Therefore Be It Resolved: That the City of Buffalo does hereby urge the United States Congress to enact H.R. 3613 as expeditiously as possible; and Be It Further Resolved: That the City Clerk send a certified copy of this resolution to the United States Congress. ADOPTED NO. 204 By Mr. Pitts DISCHARGE TELECOMMUNICATIONS COMMITTEE ITEM NO. 73, MARCH 7, 2000 AMEND LICENSE AGREEMENT WITH LEDCOR COMMUNICATIONS, INC. Whereas:The above item is a request by Ledcor to amend its existing Telecommunications License Agreement with the City, which was executed on February 22, 2000; and Whereas: The item was referred to the Telecommunications Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, therefore be it resolved: That the Common Council does hereby discharge the Telecommunications Committee from consideration of the above item, and the item is now before the Common Council for consideration. ADOPT DISCHARGE AND APPROVE SAID ITEM PASSED AYES-13, NOES-0 NO. 205 By Mr. Pitts, Brown, Gray, Coppola, Lotempio, Fisher DESIGNATE 2421 MAIN STREET AS HEADQUARTERS FOR THE GREATER BUFFALO SAVINGS BANK WHEREAS: The Greater Buffalo Savings Bank (G.B.S.B.) opened its doors at 47 Court Street in Downtown Buffalo in November 1999; and WHEREAS: The G.B.S.B. is the first new bank to open in the City of Buffalo in 30 years. Utilizing the motto "Banking the way it used to be" the Savings Bank provides an array of community financial services without the fees; and WHEREAS: The City of Buffalo provided support for the establishment of a Banking Development District. The G.B.S.B. submitted an application to the New York State Banking Department, which was approved. This District is located primarily in the Masten District where there is a demonstrated high need for banking services; and WHEREAS: While the G.B.S.B. is currently located on Page 92 00-0321.txt Court Street, its plan has always been to utilize the former Braun Cadillac Building at 2421 Main Street at Jewett Avenue as its headquarters. The stylish showroom and architecturally significant art deco building will provide a signature location for the bank;and WHEREAS: As a requirement of the Banking District the Headquarters of the G.B.S.B. has to be designated. NOW THEREFORE BE IT RESOLVED: That the Common Council designate 2421 Main Street as the Headquarters for the Greater Buffalo Savings Bank. That the Commissioner of Assessment Develop a tax exemption program consistent with New York State Banking Development District Legislation. PASSED AYES-13, NOES-0 NO. 206 By: Miller-Wiliams PERMISSION TO HANG BANNER – 371 DELAWARE AVE Whereas:The Trinity Episcopal Church will be holding its semi-annual White Elephant Sale; and Whereas:Representatives from the Trinity Episcopal Church are seeking permission to hang a banner across Delaware Avenue in front of the Trinity Episcopal Church located at 371 Delaware Avenue from April 15 through May 12, 2000; and Whereas:The Trinity Episcopal Church is familiar with the banner requirements and will purchase the necessary bond before the banner is hung. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to the Trinity Episcopal Church to hang a banner announcing its semi-annual White Elephant Sale; and Be It Further Resolved: That the banner will hang across Delaware Avenue in front of the Trinity Episcopal Church located at 371 Delaware Avenue from April 15 through May 12, 2000; and Be It Finally Resolved: That said banner meets all the requirements of pertinent city departments and that no existing laws be violated. PASSED AYES-13, NOES-0 NO. 207 By: Barbara A. Miller-Williams REQUEST STUDY OF PARKING CONDITIONS Whereas: Constituents of the Ellicott District have complained of unwarranted Parking Tickets issued on East Eagle Street between Michigan Avenue and Pine Street; and Whereas: For many years, East Eagle Street has served as a much needed parking resource for the many residents living on the grounds of the Ellicott Towne Center Complex. In addition, East Eagle Street has also served as a source of parking for visitors of Sheehan Memorial Hospital; and Page 93 00-0321.txt Whereas: The increasing number of Parking Tickets issued continues to add hardship to the many individuals living, working and seeking medical attention on East Eagle Street, Now, Therefore, Be It Resolved: That the Buffalo Common Council requests the Department of Public Works to research and provide recommendations to the Council informing such as to what measures can be taken to alleviate the parking hardships for the individuals residing, working and seeking medical attention at Sheehan Memorial Hospital on East Eagle Street. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT , THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 208 BY: MS MILLER-WILLIAMS SALARY ORDINANCE AMENDMENT 05 -LAW DEPARTMENT 1046 - CORPORATION COUNSEL The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 05 - Law Department, 1046 - Corporation Counsel, is hereby amended to read: 1 Legal Stenographer (C. Parot, Only) $ 26,964 - $ 31,323 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of t foregoing ordinance is necessary. We, MICHAEL B RISMAN, CORPORATION COUNSEL and JAMES B. MILROY, Ph.1 DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. MICHAEL RISMAN CORPORATION COUNSEL JAMES B. MILROY PH.D DIRECTOR OF BUDGET APPROVED AS TO FORM Michael Risman Corporation Counsel 3/02/00 ATTACHMENT PASSED AYES-12, NOES-0 NO. 209 BY: MS MILLER-WILLIAMS SALARY ORDINANCE AMENDMENT 50 - DEPARTMENT OF STREET SANITATION 1303 - VERMIN AND ANIMAL CONTROL The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 50 - Department of Street Sanitation, 1303 - Vermin and Animal Control, is hereby amended to read: 1 Laborer 1 20,661 - $ 23,445 Page 94 00-0321.txt IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, PAUL V. SULLIVAN, COMMISSIONER OF STREET SANITATION and JAMES MILROY, Ph.D., DIRECTOR OF BUDGET, hereby certify that the above change is necessary for t proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PAUL SULLIVAN COMMISSIONER OF STREET SANITATION JAMES MILROY PHD DIRECTOR OF BUDGET APPROVED AS TO FORM Michael Risman Corporation Counsel 3/08/00 ATTACHMENT PASSED AYES-13, NOES-0 NO. 210 BY: Mrs. Williams FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Nattless Ballou By Councilmember Wlliams, Pitts, Michaux III Felicitation for Minnie Bailey Reid By All Council Members Felicitation for Mother Minnie Reid By Councilmember Pitts, Michaux III Felicitation for Town Boys & Girls Club In Memoriam for William Cybulski by Councilmember Fontana, Michaux III, Pitts ADOPTED No. 211 By: Miller-Williams; 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: NICHELLE JONES SHIRLEY KRIGER ADOPTED NO. 212 BY: BARBARA A. WILLIAMS APPOINTMENTS COMMISSIONERS OF. DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for the tem aiding December 31, 2000, conditional upon the persons so appointed certified under oath to their qualifications and filing same with the City PATRICIA M. GRASHA JANICE J. LUCZAK Page 95 00-0321.txt JOAN F. LILLIS JAMES G. DI MARIA CHRISTINE M. LOOS ROBERT V. KRUG DEAN MANN PATRICIK J. MC LAUGHLIN UNFINISHED BUSINESS NO. 213 BOND RESOLUTION-$100,000-REDEVELOPMENT MICHIGAN STREET (#172-C.C.P., MAR. 7,2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Brown CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Fontana ADOPTED. PASSED AYES-13, NOES-0 NO. 214 BOND RESOLUTION-$200,000-BRIDGE FROM NW COMM. CTR. TO NW ACADEMY (#173-C.C.P., MAR. 7,2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Brown CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Fontana ADOPTED. PASSED AYES-13, NOES-0 NO. 215 BOND RESOLUTION-$200,000-INFRASTRUCTURE IMPROVEMENTS-LOVEJOY DISTRICT (#174-C.C.P., MAR. 7,2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Brown CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Fontana ADOPTED. PASSED AYES-13, NOES-0 NO. 216 LOCAL LAW INTRO.#2 (2000)-POLICE AND FIRE PENSIONS (#195-C.C.P., MAR. 7, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Brown Page 96 00-0321.txt CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Fontana ADOPTED. PASSED AYES-13, NOES-0 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 ServiceTuesday, March 28, 2000 at 9:30 o'clock A.M. Committee on FinanceTuesday, March 28, 2000 following Civil Service Committee on LegislationTuesday, March 28, 2000 at 2:00 o'clock P.M. Committee on Comm. Dev.Wednesday, March 29, 2000 at 10:00 o'clock A.M. Ancillary Meetings Budget Committee Monday, March 27, 2000 at 10:00 o'clock A.M. Room 1417 Special Comm. on Police Reorg. /Oversight Wed., March 29, 2000 at 2:00 o'clock P.M. NO. 218 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 5:12 PM CHARLES L. MICHAUX, III CITY CLERK Page 97