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Home My WebLink About00-0208 00-0208.txt No. 3 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO FEBRUARY 8, 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 Brown Page 1 00-0208.txt 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, FEBRUARY 8, 2000 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and and Council Members Bonifacio, Brown, Coppola, Ellington, Fisher, Fontana, Golombek, Grant, Gray, LoTempio, Martino, Williams-13. ABSENT - None. On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on January 25, 2000 were approved. FROM THE MAYOR NO. 1 2000-01 RECOMMENDED BUDGET -DUNN TIRE PARK I hereby transmit to your Honorable Body my 2000-01 Page 2 00-0208.txt recommended budget for the Dunn Tire Park Enterprise Fund pursuant to Local Law and Section 295.9(c) of the City Charter. This budget covers operating costs and debt service requirements for Dunn Tire Park's 2000-01 fiscal year which runs from April 1 through March 31. The appropriations recommended in this budget are sufficient to meet our obligations under the lease agreement but provide no frills. The Hourly Salary line has been increased to allow for the hiring of Laborer IIs to provide a more consistent and reliable workforce. As you are aware, failure to adequately clean the park can result in the withholding of ticket surcharge revenue from the City. Once again this budget relies on optimistic revenue estimates in order to balance. If revenues fail to meet budget estimates, the Enterprise Fund will run a deficit that will ultimately become the obligation of the City General Fund. In 1998-99, the Enterprise Fund ran a deficit of $465,603 which is covered in this recommended budget by a transfer from the General Fund. Operations at the Park have not been self-sustaining for several fiscal years and this will, in all likelihood, continue to be case until the Park can draw more users and more events. New potential users have expressed interest in utilizing the facility but no arrangements have been finalized. On a more positive note, debt service requirements decreased $554,252 in this budget. Bond principal decreased $514,976 and interest decreased $39,276. The debt on the Park will be retired in 2006. As you know debt service has always been an obligation of the General Fund. I respectfully request that your Honorable Body approve the budget I am submitting for I believe it to be the best we can do in light of declining revenues at the Park. Any further cuts in expenditures will, in my opinion, result in our inability to adequately meet our obligations under the lease agreement with the Bisons. REFERRED TO THE COMMITTEE ON FINANCE FROM THE MAYOR - EXECUTIVE DEPARTMENT NO. 2 CHAPTER # 409 - STATUES & MONUMENTS The Buffalo Arts Commission is pleased to submit the attached rules and regulations for the Art in Public Places ordinance as directed by your Honorable Body. We look forward to carrying out the responsibilities of this important public serviced in cooperation with your Honorable Body and other city departments. Please contact us with any comments or questions concerning the attached. Thank you for your consideration. REFERRED TO THE COKMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL FROM THE BUFFALO ARTS COMMISSION NO. 3 PERMISSION TO ENGAGE CONSULTANT ART CONSERVATION Last year, a detailed request for proposals (RFP) was issued to art conservationists specializing in the restoration and preservation of portrait artwork. A total of two (2) responded with proposals for conservation work on Mayoral and Council President portraits as follow: Hon. Solomon Haven Hon. Hiram Pratt Page 3 00-0208.txt Hon. Solomon Scheu Hon. Judge Walden Hon. Peter Crotty Each proposal was reviewed based on the selection procedure criteria outlined in the RFP. The Commission has endeavored to select the conservator considered best qualified for the work pursuant to this criteria. The Buffalo Arts Commission recommends that the professional services of McKay Lodge Fine Arts Conservation Laboratory, Inc. be engaged under contract for the work prescribed and at the cost of $17,225.25. Funding is available through the Percent for Art allocation account # 34320706. Thank you for your consideration and we are always available to answer any questions regarding this matter. REFERRED TO THE COMMITTEE ON FINANCE FROM THE BOARD OF PARKING NO. 4 PARKING ENTERPRISE FUND RESULTS OF BID AUD LOTS 1, 2, AND 3 The existing three-year lease for the above three surface lots is about to expire. The Board of Parking advertised for new three-year leases on January 14, 2000. Bids were received on January 28, 2000 and publicly opened at 11:00 am in 1801 City Hall. The results are as follows: Aud Lots 1, 2 and 3 (former rental $ 5,328) Bidder Annual Rental Imperial Parking Inc. 185 Franklin Street $6,600 Buffalo, NY 14202 Buffalo Civic Auto Ramps Inc. 221 Pearl Street $12,000 Buffalo, NY 14202 Allright Parking Buffalo Inc. One Statler Towers $23,040 Buffalo, NY 14202 The Board of Parking recommends the bid of Allright Parking Buffalo Inc., as the highest responsible bidder is accepted in the amount of $ 23,040. REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY PLANNING BOARD NO. 5 ALCOHOL & DRUG DEPENDENCY SERVICES 107 DELAWARE AVE. HUMAN SERVICE FACILITY ITEM NO. 92, C.C.P. 1/25/00 The City Planning Board at its regular meeting held Tuesday, February 1, 2000, considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to use vacant office space in the Statler Building, located at 107 Delaware Ave., as a human service facility for alcohol and drug dependent persons. Under SEQR the proposed Human Service Facility is considered an unlisted action which may be studied through Page 4 00-0208.txt uncoordinated review. The Planning Board voted to communicate to the Common Council a finding of no additional concentration of human service facilities within a 16~ mile radius of the proposed location, since the applicants are vacating the premises at 210 Franklin St. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 6 E. D'ABATE 1346 KENSINGTON AVE. TAKE-OUT REATAURANT ITEM NO. 69, C.C.P. 1/25/00 The City Planning Board at its regular meeting held Tuesday, February 1, 2000, considered the matter captioned above pursuant to Section 511-65 of the Buffalo Code, Kensington Bailey District. The City Planning Board at its meeting held December 21, 1999 received and filed an application from the same applicant for the conversion of a store into a sit-in restaurant located at 1346 Kensington Ave. The applicant now seeks to convert the vacant store into a take-out restaurant. Under SEQR the proposed restaurant is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed take-out restaurant conditioned that that the applicant re-apply for a restricted use permit for any additional expansions or changes to this property or adjacent properties controlled by the applicant. RECEIVED AND FILED NO. 7 T. HARGROVE 1014 KENSINGTON AVE. TAKE-OUT REATAURANT, SALON, LAUNDROMAT ITEM NO. 91, C.C.P. 1/25/00 The City Planning Board at its regular meeting held Tuesday, February 1, 2000, considered the matter captioned above pursuant to Section 511-65 of the Buffalo Code, Kensington Bailey District. The application is to convert a 3 family ""MD" with stores into a 3 family "MD" with a take-out restaurant, salon and Laundromat located at 1014 Kensington Ave. Under SEQR the proposed use are considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed take-out restaurant, salon and laundromat. RECEIVED AND FILED FROM THE COMPTROLLER NO. 8 APPOINTMENT - ARTS & CULTURAL FUNDING ADVISORY COMMITTEE Pursuant to Chapter 6, Article V, Section 30 of the Charter of the City of Buffalo, I hereby make the following appointment to the Arts & Cultural Funding Advisory Committee for a one (1) year term. Shari Jo Reich 168 College Street Buffalo, NY 14201 (716) 882-5153 Page 5 00-0208.txt Mrs. Lotempio moved That the above communication from the Comptroller dated February 3, 2000, be received and filed; and That the appointment as a member of the Arts & Cultural Funding Advisory Committee of Shari Jo Reich, residing at 168 College Street, for a one (1) year term, be and hereby is approved. ADOPTED NO. 9 CAPITAL DEBT SERVICE FUND DEPOSITS - 1999/2000 FISCAL Certificate Number 1999/2000 of the Comptroller of the City of Buffalo, New York, relative to the Capital Debt Service of Fund of said city, stating the amounts to be deposited therein and paid therefrom for the period Commencing July 1, 1999 and ending June 30, 2000 I, Anthony R. Nanula, Comptroller of the City of Buffalo, New York, in accordance with the provisions of Section 202 of the resolution entitled: "Enabling Resolution of the City of Buffalo, New York, Establishing a Capital Debt Service Fund, Determining the Terms and Conditions of Such Fund and Other Matters in Connection Therewith, and Providing for the Rights of Holders of Capital Debt Obligations of the City." duly adopted by the Common Council on March 8, 1977, and pursuant to the duties of the chief fiscal officer set forth therein, Do Hereby Certify as follows: 1. The Capital Debt Service Fund Requirements for the fiscal year commencing July 1, 1999 and ending June 30, 2000 is $50,644,270.64. 2. The portion of said Capital Debt Service Requirement allocated to the First Collection Period (July 1, 1999 through and including November 30, 1999), is $16,605,952.51. 3. The portion of said Capital Debt Service Requirement allocated to the Second Collection Period (December 1, 1999 through and including June 30, 2000), is $34,038,318.13. 4. The First Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing July 1, 1999 and ending December 31, 1999 on the obligations, in the amounts, on the dates, and at the place or places as set forth below: ObligationAmount DueDate Due Place Due - Serial Bonds$3,625,906.26Jul. 30, 1999 M&TTrust Company Buffalo, New York Serial Bonds306,482.50Jul. 30, 1999 Chase Manhattan Bank, New York, New York Serial Bonds1,363,517.50 Jul. 30, 1999 Marine Midland Bank New York, New York Serial Bonds66,722.50 Jul. 30, 1999 Chase Manhattan Bank, New York, New York Serial Bonds492,648.75 Aug. 13, 1999 Chase Manhattan Bank, NA New York, New York Serial Bonds554,280.00 Aug. 13, 1999Marine Midland Bank New York, New York Serial Bonds2,000,000.00 Aug. 13, 1999 Marine Midland Page 6 00-0208.txt Bank New York, New York Serial Bonds123,035.00 Aug. 31, 1999 Marine Midland Bank New York, New York Serial Bonds153,175.00 Sept. 30, 1999 Chase Manhattan Bank, NA New York, New York Serial Bonds358,535.00Sept. 30, 1999 Marine Midland Bank New York, New York Serial Bonds48,757.50Sept. 30, 1999Chase Manhattan Bank, NA New York, New York Serial Bonds561,071.25Sept. 30, 1999 M & T Trust Company Buffalo, New York Serial Bonds1,860,000.00 Sept. 30, 1999 Marine Midland Bank New York, New York Serial Bonds167,025.00Oct. 29, 1999 Chase Manhattan Bank, NA New York, New York Serial Bonds350,395.00Nov.30,1999 M & T Trust Company Buffalo, New York Serial Bonds714,778.75Nov.30,1999 Marine Midland Bank New York, New York Serial Bonds364,622.50Nov 30, 1999 Chase Manhattan Bank, NA New York, New York Serial Bonds375,000.00Nov.30,1999 M & T Trust Company Buffalo, New York Serial Bonds1,950,000.00 Nov.30,1999 Chase Manhattan Bank, NA New York, New York Serial Bonds1,170,000.00 Nov.30,1999 Marine Midland Bank New York, New York $16,605,952.51 5. The aggregate amount to be deposited by the Director of the Treasury with the M & T Trust Company, Buffalo, New York, commencing on July 1, 1999 is $16,605,592.51. 6. The Second Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing January 1, 2000, and ending June 30, 2000, on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bonds $3,625,906.25Jan.31,2000 M & T Trust Company Buffalo, New York Serial Bonds306,482.50Jan.31,2000 Chase Manhattan Bank, New York, New York Serial Bonds1,363,517.50Jan.31,2000 Marine Midland New York, New York Serial Bonds12,358,000.00Jan.31,2000 M & T Trust Company Page 7 00-0208.txt Buffalo, New York Serial Bonds805,000.00Jan.31,2000 Chase Manhattan Bank, New York, New York Serial Bonds2,745,000.00Jan 31, 2000 Marine Midland Bank New York, New York Serial Bonds492,648.75Feb.14,2000 Chase Manhattan Bank, New York, New York Serial Bonds494,280.00Feb.14,2000 Marine Midland Bank New York, New York Serial Bonds1,810,000.00Feb.14,2000 Chase Manhattan Bank, New York, New York BANS244,320.00Feb.24,2000 M&T Trust Company Buffalo, New York Serial Bonds123,035.00Feb.29,2000 Marine Midland Bank New York, New York Serial Bonds1,930,000.00Feb.29,2000 " " New York, New York Serial Bonds48,757.50Mar. 31, 2000 ChaseManhattanBank, New York, New York Serial Bonds561,071.25Mar. 31, 2000 M & T Trust Company Buffalo, New York Serial Bonds308,780.00Mar. 31, 2000 Marine Midland Bank New York, New York Serial Bonds481,425.00Mar. 31, 2000Chase Manhattan New York, New York Serial Bonds1,015,000.00Mar. 31, 2000Chase Manhattan Bank, NA New York, New York Serial Bonds2,420,000.00Mar. 31, 2000 M & T Trust Company Buffalo, New York Serial Bonds28,380.00Apr.28,2000 Chase Manhattan Bank, New York, New York Serial Bonds85,000.00Apr.28,2000 Chase Manhattan Bank, New York, New York Serial Bonds1,783,538.13May 31, 2000 M & T Trust Company Buffalo, New York Serial Bonds683,528.75May 31, 2000 Marine Midland Bank New York, New York Serial Bonds324,647.50May 31, 2000Chase Manhattan Bank, New York, New York $34,038,318.13 7. The aggregate amount to be deposited by the Director of the Treasury with the M&T Trust Company, Buffalo, New York, commencing on December 1, 1999 is $34,038,318.13. 8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director of the Treasury shall deposit the amounts shown Page 8 00-0208.txt in Section 5 and 7 hereof in the Capital Debt Service Fund held by the Trustee, M&T Trust Company, Buffalo, New York, immediately upon receipt of any payment of or on account of any City ad valorem property taxes, until the amount deposited during each Collection Period is equal to the amount shown in Section 5 and 7, respectively. 9. I have this day delivered a copy of Certificate Number 2-99/00 to the Director of Treasury and to the Fleet Bank, Buffalo, New York. IN WITNESS WHEREOF, I have hereunto set my hand this 20th Day of January, 2000. RECEIVED AND FILED NO. 10 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS COMMUNITY DEVELOPMENT - BOND FUNDS PUBLIC WORKS - BOND FUNDS We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $700,000 be transferred and reappropriated from the Department of Community Development - Capital Projects Fund, as set forth below: From: 30441206-445100 Capital Projects Fund Department of Community Development $700,000 Neighborhood Redevelopment 99 Services General Contractor To: 30340306-445100 Capital Projects Fund Division of Buildings City Demolitions Dated: Buffalo, NY January 28, 2000 $700,000 RECEIVED AND FILED NO. 11 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION BOARD OF PARKING 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 $25,337 in the estimates for the fiscal year beginning July 1, 1999 is necessary in Enterprise Fund -Board of Parking - Bond Account, 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 Enterprise Fund - Board of Parking - Reserve for Downtown Parking Ramps as listed below, not otherwise appropriated for any other purpose. The detail of the requirement is set forth below: From: 51000000 - Enterprise Fund - Board of Parking 25 3 100 - Reserve for Downtown Parking Ramps $25,337 To: 51019026 - Enterprise Fund - Board of Parking 445100 - Capital Projects Fund - Reconstruction of Ramps $25,337 Page 9 00-0208.txt Dated: Buffalo, NY, February 1, 2000 RECEIVED AND FILED NO. 12 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 $55,000 in the estimates for the fiscal year beginning July 1, 1999 is necessary in Appropriation Allotments - Law Department - Legal Services, 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: 1000 General Fund 10546006 - Law Department 32003 - Legal Services $55,000 Dated: Buffalo, NY, February 1, 2000 RECEIVED AND FILED NO. 13 INTERFUND CASH LOAN Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an additional interfund cash loan to be made in the maximum amount of $150,000.00 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000 - General Fund TO: 3119 - Capital Projects Fund - Parkside Lodge ACCOUNT NO: 31934106 445100 GRANT TITLE: Parkside Lodge Restoration EDF-Nl-549831-N2 GRANT AGENCY: NYS Office of Parks, Recreation and Historical Preservation GRANT AMOUNT: $150,000.00 LOAN AMOUNT: $150,000.00 Estimated Date of Repayment: December 2000 REFERRED TO THE COMMITTEE ON FINANCE NO. 14 CERTIFICATE OF APPOINTMENT Appointment Effective: January 18, 2000 in the Department of: Audit and Control Division of: Collections to the Position of: Director of Collections Exempt Appointment at the Maximum Starting Salary of: $ 45,084 Shannon M. Petrucci 89 Red Jacket Parkway Buffalo, NY 14220 RECEIVED AND FILED FROM THE COUNCIL PRESIDENT NO. 15 Page 10 00-0208.txt Appointment to Arts & Cultural Funding Advisory Committee I hereby appoint the following to the Arts & Cultural Funding Advisory Committee: Doreen Elizabeth DeBoth 188 Condon Avenue Buffalo, NY 14207 Ms. DeBoth is well qualified to serve on this committee. Mrs. Lotempio moved: That the above communication from the Council President dated February 3, 2000, be received and filed: and That the appointment as a member of the Arts & Cultural Advisory Committee of Doreen Elizabeth DeBoth, residing at 188 Condon Avenue, be and hereby is approved. ADOPTED FROM THE COMMISSIONER OF ASSESSMENT NO. 16 PRE-QUALIFYING BUYERS-COB REAL ESTATE AUCTION #211 CCP JAN. 25, 2000 In response to Councilmembers Fontana and Brown's Resolution to pre-qualify potential bidders, the Department of Assessment, in conjunction with the Division of Treasury and Department of Law, since 1981, instituted and implemented procedures to prohibit a bidder considered to be irresponsible from bidding and, since 1995, prohibited a bidder from consummating the sale until all debts owed to the City of Buffalo are satisfied. These provisions are set forth in the Agreement of Sale, attached hereto, in Paragraphs Twelve (12) and Thirteen (13), and provide as follows: 12. "The Referee shall refuse to transfer title to any person including without limitation, an individual, corporation, partnership, association, limited liability company or vender (and each of such person's principals, partners, associates, members, etc.), who is not current on all obligations owed to the City of Buffalo, its authorities and agencies, including without limitations, taxes, fees, water bills, sewer rents and other charges, as of settlement date. If a Person (Bidder and/or Purchaser) is not current on all such obligations as of the 'Settlement Date," all monies tendered by the bidder and/or Purchaser shall be forfeited." 13. "The Referee shall have the right to set aside a bid by any person deemed by him not to be a responsible bidder and/or purchaser and immediately put up the premises for sale again. " To pre-qualify bidders "prior to the October Auction" is not feasible since the potential bidders are not known until the day of the auction when they are required to register as a bidder. There are approximately 400 individuals that register to bid. However, it is the recommendation of this office that the Department of Law review and determine the legal ramification, if any, to incorporate into the Agreement of Sale a provision prohibiting the successful bidder and/or purchasers from consummating the sale unless all properties owned by the bidder and purchaser are brought into code compliance. Amending the Agreement of Sale requiring the bidder and purchaser to bring the properties they own into code compliance will accomplish the same objective without jeopardizing the foreclosure process. As a point of information, the Department of Assessment Page 11 00-0208.txt does forward to all Councilmembers, Commissioner and Deputy Commissioner of Community Development, Director of Housing and Property Inspections, and Mayor's Task Force on Housing, a list of properties foreclosed, identifying the successful purchaser/bidder. In addition, there is the misconception that the properties foreclosed at an In Rem Auction are city-owned. The properties sold at an In Rem Auction proceeding are foreclosed due to unpaid city taxes. It should also be noted that the New York State Real Property Tax Law mandates that any sale of foreclosed property shall be at public auction. In conclusion, the Department of Assessment is always exploring new and different ways to increase revenue collection and to refine our methods while always keeping in mind the feasibility, cost effectiveness and legality of any proposal that will protect the rights of the City of Buffalo and the taxpayers we serve. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF PUBLIC WORKS NO. 17 BUILDINGS REPORT OF BIDS RECONSTRUCTION OF BIG HORN SHEEP EXHIBIT I advertised for on January 11, 2000 and received the following sealed formal proposals for the Reconstruction of BigHorn Sheep Exhibit, Buffalo Zoological Gardens, which were publicly opened and read on February 1, 2000. Base BidAlt #1Alt #2 D J Braasch Construction$ 90,200$29,600 $ 8,700 All Phase$116,000$ 8,000$ 8,000 Patterson Stevens$165,100$ 8,465$10,500 Collana Construction$195,995$19,900 $ 5,900 International Chimney$229,182$26,652 $ 8,327 Alternate #1 is to renovate the moat wall. Alternate #2 is to repair seating areas (2). I hereby certify that the foregoing is a true and correct statement of all bids received and that D J Braasch Construction, with a Base Bid of $90,200, add Alternate #1 for $29,600, add Alternate #2 for $8,700, for a total amount of One Hundred Twenty Eight Thousand Five Hundred and 00/100 Dollars ($128,500.00) is the lowest responsible bidder in accordance with the plans and specifications. Total estimate for this work was $132,000.00. I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bids. Funds for this work are to be charged to CPF 34321506 445100 - Division of Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated February 1, 2000, be received and filed, and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for the Reconstruction of Big Horn Sheep Exhibit, Buffalo Zoological Gardens, to D J Braasch Construction, the lowest responsible bidder, with a Base Bid of $90,200, add Alternate 91 for $29,600, add Alternate #2 for $8,700, for a total amount of $128,500.00. Page 12 00-0208.txt Funds for the project are available in CPF 34321506 445100 -Division of Buildings. PASSED AYES -13 NOES - 0 NO. 18 REPORT OF BIDS - TEMPORARY MODIFIED COLD PATCH FOR SIDEWALK CITYWIDE - GROUP #515 2000 This is to advise your Honorable Body that I have advertised and received bids on January 26, 2000 for Temporary Modified Cold Patch for Sidewalk Citywide - Group #515 - 2000. In obtaining bids for the above mentioned project I have asked for bids on a unit price basis covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The attached bids were received Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated February 3, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Temporary Modified Cold Patch for Sidewalk Citywide - Group #515 - 2000, to Zoladz Construction Company, Inc. the lowest responsible bidder, in an amount of $47,230.00, plus approved unit prices not to exceed $4,723.00 as per Item No. 126, C.C.P., 3/3/98 for a total encumbrance of $51,953.00. Funds for the project are available in Capital Projects Fund #343 10506 - 1999-2000 Infrastructure. PASSED AYES -13 NOES - 0 NO. 19 CHANGE IN CONTRACT APOLLO THEATER RENOVATION ELECTRICAL WORK I hereby submit to Your Honorable Body the following changes for the Apollo Theater Renovation, Electrical Work, Industrial Power & Lighting Corp., C #91980100. 1.Increase power supply to revised message board which increased in size. Add $ 6,616.00 The foregoing change results in a net increase in the contract of Six Thousand Six Hundred Sixteen and 00/100 Dollars ($6,616.00). Summary: Current Contract Amount$ 365,550.00 Change Order No. 1 (CCP 11/30/99; item #31) Revised Contract Amount Add$ 3,264.00 Change Order No. 2 (CCP 01 /11 /00; item #11) Add$ 14,898.00 Amount of This Change Order (#3) Add$ 6,616.00 Revised Contract Amount$ 390,328.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Page 13 00-0208.txt 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: That the above communication from the Commissioner of Public Works dated February 1, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 3, to Industrial Power & Lighting Corp., an increase in the amount of $6,616.00, as more fully described in the above communication, for work relating to Apollo Theater Reconstruction, Electrical Work, C #91980100. Funds for this project are available in CPF 30332806 445 100 -Division of Buildings. PASSED AYES -13 NOES - 0 NO. 20 BUILDINGS CHANGE IN CONTRACT APOLLO THEATER RENOVATION GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Apollo Theater Renovation, General Construction, C. Nichter, Inc., C #91980200. 1.Furnish and install additional 2" acoustic panels in the Control Room for the small studio to permit access to electrical outlets. Add$ 1,236.00 The foregoing change results in a net increase in the contract of One Thousand Two Hundred Thirty Six and 00/100 Dollars ($1,236.00). Summary: Current Contract Amount $1,902,230.00 Net Change by Previous Change Orders Add$ 255,938.00 Amount of This Change Order (#7) Add $1,236.00 Revised Contract Amount 2,159,404.00 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. LoTepio moved: That the above communication from the Commissioner of Public Works dated February 2, 2000, be received and filed, and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 7, to C. Nichter, Inc., an increase in the amount of $1,236.00, as more fully described in the above communication, for work relating to Apollo Theater Reconstruction, General Construction, C#91980200. Funds for this project are available in~CPF 30332806 445100 -Division of Buildings. PASSED Page 14 00-0208.txt AYES -13 NOES - 0 NO. 21 CHANGE IN CONTRACT APOLLO THEATER RENOVATION GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Apollo Theater Renovation, General Construction, C. Nichter, Inc., C #91980200. 1.Silkscreen the work "Apollo" on the seven (7) banners to be displayed on the exterior of the building as requested by the project architect. Add$ 1,007.00 2.Relocate door #11 to accommodate the lobby art work as requested by the project architect. Add$ 1,563.00 The foregoing change results in a net increase in the contract of Two Thousand Five Hundred Seventy and 00/100 Dollars ($2,570.00). Summary: Current Contract Amount $1,902,230.00 Net Change by Previous Change Orders $ 253,368.00 Amount of This Change Order (#6) Add $ 2,570.00 Revised Contract Amount $2,158,168.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Robert Traynharn 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: That the above communication from the Commissioner of Public Works dated January 21, 2000, be received and filed, and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 6, to C. Nichter, Inc., an increase in the amount of $2,570.00, as more fully described in the above communication, for work relating to Apollo Theater 4econstruction, General Construction, C#91980200. Funds for this project are available id CPF 30332806 445100 -Division of Buildings. PASSED AYES -13 NOES - 0 NO. 22 CHANGE IN CONTRACT APOLLO THEATER RENOVATION HVAC CONTRACT I hereby submit to Your Honorable Body the following changes for the Apollo Theater Renovation, HVAC Contract, John W. Danforth Co., C #91980300. 1. Provide chemical treatment for hot water and chilled water systems. Add $ 762.00 2. Remove six feet (6') of internal duct liner and externally insulate same at four (4) humidifier locations to allow the moisture from the humidifiers to be absorbed into the air stream before coming into contact with the lining. Add $ 2,723.00 The foregoing change results in a net increase in the contract of Three Thousand Four Hundred Eighty Five and 00/100 Dollars ($3,485.00). Summary: Current Contract Amount $ 623,000.00 Change Order #1 (CCP 6/29/99; item #29) Add $2,410.00 Page 15 00-0208.txt Change Order #2 (CCP 9/7/99; item #24) Add $ 539.00 Amount of This Change Order (#3) Add $3,485.00 Revised Contract Amount$ 629,434.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Robert Traynharn 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: That the above communication from the Commissioner of Public Works dated January 21, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 3, to John W. Danforth Co., an increase in the amount of $3,485.00, as more fully described in the above communication, for work relating to Apollo Theater Reconstruction, HVAC Contract, C#91980300. Funds for this project are available in CPF 30332806 445100 Division of Buildings. PASSED AYES -13 NOES - 0 NO.23 CHANGE IN CONTRACT APOLLO THEATER RENOVATION HVAC WORK I hereby submit to Your Honorable Body the following changes for the Apollo Theater Renovation, HVAC Work, John W. Danforth Co., C #91980300. 1.Furnish and install transfer grilles in Conference Room 04 to prevent freezing of the sprinkler riser. Add$ 1,067.00 The foregoing change results in a net increase in the contract of One Thousand Sixty Seven and 00/100 Dollars ($1,067.00). Summary: Current Contract Amount$ 623,000.00 Net Change by Previous Change Orders Add $ 6,434.00 Amount of This Change Order (#4) Add $1,067.00 Revised Contract Amount $ 630,501.00 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: That the above communication from the Commissioner of Public Works dated February 2, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 4, to John W. Danforth Co., an increase in the amount of $1,067.00, as more fully described in the above communication, for work relating to Apollo Theater Reconstruction, HVAC Work, C #91980300. Funds for this project are available inCPF 30332806 445100 Division of Buildings. PASSED Page 16 00-0208.txt AYES -13 NOES - 0 NO. 24 CHANGE IN CONTRACT CHANGE ORDER #3 MARINE MIDLAND ARENA PHASE I B - GROUP #364 CONTRACT #91906600 ITEM NO. 35, CCP 06/10/97, ITEM NO. 37, CCP 0 1 /20/98 & ITEM NO. 29, CCP 6/15/99 Change Order #2 ($28,070.00) was to remove stockpiled cobblestones and paving bricks from LaSalle Park due to the redesign of said Park by Community Development. The Department of Public Works was using this sitc to store cobblestones and paving bricks for future Historic Street Preservation Projects. We originally estimated 70 truckloads would be needed to clean the site. However, in the interim, additional deliveries were made to this site from ongoing construction projects. I hereby submit to your Honorable Body the following contract unit price additions to the contract. 1. In order to transport the non-palletized cobblestones we must ship them per truckload. UnitQuantityUnit Price Cost Each truck load30$96.00 $2,880.00 Total contract unit price - additions to contract $2,880.00 Contract summery: Original Contract Amount $998,350.00 0.00 Change Order# I (no cost) 28,070.00 Change Order #2 $ 2,880.00 Change Order #3 Total$1,029,300.00 The preceding additions to the contract are deemed necessary to properly remove the remaining stockpiles of cobblestone frorn LaSalle Park. All costs were reviewed by the consultant and engineering staff and were found to be fair and equitable. Therefore, I respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works to issue and change order to Leone Construction, Inc. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated January 26, 2000, be received and filed, and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 3, to Leone Construction Inc., an increase in the amount of $2,880.00, as more fully described in the above communication, for work relating to Marine Midland Arena, Phase IB -Group #364, Contract #91906600. PASSED AYES -13 NOES - 0 NO. 25 CHANGE IN CONTRACT MACHNICA COMMUNITY CENTER GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Machnica Community Center, General Construction, Summit Construction Group, Inc., C #91983800. 1.Increased cost due to a delay in acquisition of property so that the contractor could begin construction. This project was Page 17 00-0208.txt originally bid on September 1, 1998. Add$ 167,000.00 The foregoing change results in a net increase in the contract of One Hundred Sixty Seven Thousand and 001100 Dollars ($167,000.00). Summary: Current Contract Amount $2,589,532.50 Amount of This Change Order (#5) Add $ 167,000.00 Revised Contract Amount $2,756,532.50 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini, Tries, Architects) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 30230306 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works dated February 2, 2000, be received and filed. That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 5, to Summit Construction Group, Inc., an increase in the amount of $167,000.00, as more fully described in the above communication, for work relating to Machnica Community Center, General Construction, C #91983800. Funds for this project are available in CPF 30230306 445100 -Division of Buildings. PASSED AYES - Bonifacio, Brown, Coppola, Ellington, Fontana, Golombek, Grant, Gray, LoTempio, Martino, Pitts, Williams - 12 NOES - Fisher - 1 NO. 26 CHANGE IN CONTRACT MACHNICA COMMUNITY CENTER HVAC WORK I hereby submit to Your Honorable Body the following changes for the Machnica Community Center, HVAC Work, Buffalo Sheet Metals, C #91988700. 1.Increased cost due to a delay in acquisition of property so that the contractor could begin construction. This project was originally bid on June 30, 1998. Add$ 16,905.00 The foregoing change results in a net increase in the contract of Sixteen Thousand Nine Hundred Five and 00/100 Dollars $16,905.00). Summary: Current Contract Amount $ 336,900.00 Amount of This Change Order (#1) Add $ 16,905.00 Revised Contract Amount $ 353,805.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini, Tries, Architects) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 30230306 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works dated February 2, 2000, be received and filed, and That the Commissioner of Public Works be, and he hereby is Page 18 00-0208.txt authorized to issue change order No. 1, to Buffalo Sheet Metals, an increase in the amount of $16,905.00, as more fully described in the above communication, for work relating to Machnica Community (tenter, HVAC Work, C #91988700. Funds for this project are available in CPF J0230306 445100 -Division of Buildings. PASSED AYES - Bonifacio, Brown, Coppola, Ellington, Fontana, Golombek, Grant, Gray, LoTempio, Martino, Pitts, Williams - 12 NOES - Fisher -1 NO. 27 CHANGE IN CONTRACT MACHNICA COMMUNITY CENTER PLUMBING WORK I hereby submit to Your Honorable Body the following changes for the Machnica Community Center, Plumbing Work, Elmwood Plumbing, C #91984300. 1.Increased cost due to a delay in acquisition of property so that the contractor could begin construction. This project was originally bid on June 30, 1998.Add$ 22,204.59 The foregoing change results in a net increase in the contract of Twenty Two Thousand Two Hundred Four and 59/100 Dollars ($22,204.59). Summary: Current Contract Amount$ 227,000.00 Amount of This Change Order (#1) Add$ 22,204.59 Revised Contract Amount$ 249,204.59 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini, Tries, Architects) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 30230306 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works dated February 2, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 1, to Elmwood Plumbing, an increase in the amount of $22,204.59, as more fully described in the above communication, for work relating to Machnica Community Center, Plumbing Work, C #91984300. Funds for this project are available in CPF 30230306 445100 Division of Buildings. PASSED AYES - Bonifacio, Brown, Coppola, Ellington, Fontana, Golombek, Grant, Gray, LoTempio, Martino, Pitts, Williams - 12 NOES - Fisher -1 NO. 28 CHANGE IN CONTRACT MACHNICA COMMUNITY CENTER SPRINKLER WORK I hereby submit to Your Honorable Body the following changes for the Machnica Community Center, Sprinkler Work, Lock City Sprinkler, C #91985700. 1.Increased cost due to a delay in acquisition of property so that the contractor could begin construction. This project was Page 19 00-0208.txt originally bid on June 30, 1998. Add $ 3,525.00 The foregoing change results in a net increase in the contract of Three Thousand Five Hundred Twenty Five and 00/100 Dollars ($3,525.00). Summary: Current Contract Amount $38,600.00 Amount of This Change Order (#11) Add $ 3,525.00 Revised Contract Amount $42,125.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini, Tries, Architects) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 30230306 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works dated February 2, 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 Lock City Sprinkler, an increase in the amount of $3,525.00, as more fully described in the above communication, for work relating to Machnica Community Center, Sprinkler Work, C #91985700. Funds for this project are available in CPF 30230306 445100 Division of Buildings. PASSED AYES - Bonifacio, Brown, Coppola, Ellington, Fontana, Golombek, Grant, Gray, LoTempio, Martino, Pitts, Williams - 12 NOES - Fisher -1 NO. 29 INNER HARBOR PROJECT SOUTH BASIN The Army Corp of Engineers (" The Corps" ) is committed to excavating, building, and maintaining the four (4) slips for the South Basin portion of the Inner Harbor Project outlined on the attached map. Under the Corps of Engineers' guidelines, in order to commit their resources to the building and maintenance of such a project, the Corps require 1) a " channel improvement" easement in the area of the water and the pertinent land so that they may excavate the same and do whatever maintenance work is required on the slips and the breakwalls; 2) a " road easement" providing them access to the channel improvement easement; and 3) a temporary work area easement adjacent to the improvement easement area. A map depicting the location of all three (3) easements is attached. For your own references, the channel improvement easement is the " dotted" area on the map. The area includes the basins, as well as the surrounding walkway road area which varies from approximately 50''to 6011around the outskirts of the actual new south basin. The I'll road easement" to work on the basin would be by way of Dayton Place which is represented by cross-hatching on the attached map. The temporary easement area would be in the double cross-hatched area, and would exist for a limited amount of time to facilitate the construction of the actual basin. The Army Corps of Engineers will accept the " channel Page 20 00-0208.txt improvement easement" in lieu of actual ownership of the land. This would preserve to the City the right to control improvements and vendors that go along the outskirts of the basin. Accordingly, it is requested that the Mayor be authorized to execute a channel improvement easement, " road easement" , and temporary road easement to the Army Corps of Engineers for the South Basin portion of the Inner Harbor Project. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 30 MAIN TUPPER POLICE PRECINCT CLARIFICATION - WINDOWS During the Finance Committee Meeting of February 1, 2000, a clarification 'was requested regarding the changes in windows as part of the Change in Contract originally submitted to Your Honorable Body in CCP 11 /3/99; item #19. The changes in the windows were requested by the Preservation Board. Two (2) windows were deleted along the Tupper Street elevation, and four (4) larger windows were added at this location. In addition, a new window was placed in the east elevation (Washington St.) in a stairwell near the south end of the building. In order -to maintain the project schedule, we have authorized the contractor to order these specially made windows. In addition to the window changes along Tupper Street, the Preservation Board directed a change to the grill work associated with the windows along Main Street. The original plans called for a plain steel grate, while the Board required that the grates be etched with the seal of the City. They also required changes in the brick work on the Main Street facade. This change provides a three dimensional appearance to the building. REFERRED TO THE COMMITTEE ON FINANCE NO. 31 820 ELMWOOD AVENUE PAYPHONE APPLICATION The Department of Public Works, Division of Engineering has reviewed Mr. Magloins application to install a payphone at 820 Elmwood Avenue with regards to pedestrian movement, lines of sight, and overall effect on City right of way. Because 19' of concrete exists between the proposed phone location and Curbline, and there is no disruption of pedestrian traffic . this department has no objection to said installation subject to al I conditions set forth in Chapter 441 (Telephone Facilities) of the City Ordinances. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 32 PERMISSION TO ENGAGE CONSULTANT HANDICAPPED ACCESS NIAGARA, FAIRFIELD, FRONCZAK BRANCH LIBRARIES I respectfully request Your Honorable Body's permission to engage a consultant to prepare specifications, advertise and receive proposals to provide handicapped access to the Niagara, Fairfield and Fronczak Branch Libraries. Funds for this work are available in CPF 34321306 445100. Mrs. LoTempio moved: Page 21 00-0208.txt That the above communication from the Commissioner of Public Works dated February 1, 2000 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to engage a consultant to prepare specifications, advertise and receive proposals to provide handicapped access to the Niagara and Fronczak Branch Libraries. Funds for this project are available in CPF 34321306 445100. PASSED AYES -13 NOES - 0 NO. 33 PERMISSION TO ENGAGE SERVICES CONSULTING ENGINEER LARGE METER STUDY The Division of Water requests permission from your Honorable Body to hire a Consulting Engineer to perform a study of meters larger than 2 inch. The American Water Works Association recommends that these meters be checked periodically for accuracy. Over time, meters will under report water usage so verifying that meters are properly calibrated will ensure that accurate bills are generated. The cost for this work is estimated to be $40,000.00. Funds are available in the Division of Water's Capital accounts. REFERRED TO THE COMMITTEE ON FINANCE NO. 34 PERMISSION TO HIRE CONSULTANT RECONSTRUCTION OF ELMWOOD AVE. SCAJAQUADA EXPRESSWAY (198) TO WEST DELAVAN AVENUE Permission is requested to hire a consulting engineering firm for design, bidding, contract administration and construction inspection for the Reconstruction of Elmwood Avenue from the Scajaquada expressway (198) to West Delavan Avenue. This is a Federal Aid project with funding approved as part of the Greater BuffaloNiagara Transportation Improvement Program (TIP). The federal-state share is 94% and the City of Buffalo is 6%. The project schedule as listed in the current TIP is as follows: Scoping5/00 Preliminary Design4/01 Detailed Design 5/02 Construction 6/04 Total costs for the project are estimated at $5.31 million with engineering and inspection fees expected not to exceed $1.5 million. The City's 6% share of funding was approved as par of the 99-00 Capital Budget. I hereby respectfully request that your Honorable Body authorize the Department of Public Works to hire an engineering consultant to design, administer and perform construction inspection for this project. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated February 3, 2000 be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to hire an engineer consultant to design, administer and perform construction inspection for the Reconstruction of Elmwood Avenue from the Scajaquada Page 22 00-0208.txt Expressway (198) to West Delavan Avenue. The City's 6% share of funding was approved as part of the 99-00 Capital Budget. PASSED AYES -13 NOES - 0 NO. 35 707 WASHINGTON STREET PROPOSED EASEMENT Adelphia Communications has requested the City of Buffalo, Division of Real Estate sign an easement agreement with regards to the City owned property located at 707 Washington Street. The easement is necessary in order for Adelphia to provide cable television and other communication and data services to the Buffalo Fire Training Center located at said address. The Department of Public Works has reviewed this request and has no objection to the Division of Real Estate signing the aforementioned easement agreement. REFERRED TO THE COMMITTEE ON FINANCE NO. 36 REDUCTION IN RETENTION GROUP #345 EXCHANGE ST. - PHASE IV ALABAMA ST., AND LARIVIERE DR. CONTRACT #91965800 DESTRO BROS. CONCRETE CO. INC. ITEM NO. 40, CCP 9/16/97 & ITEM NO. 22, CCP 6/23/98 I hereby submit to your Honorable Body the following request for a reduction i retention for the subject project. This project is virtually complete with the exception of approximately eight (8) 10' sections of curb and sidewalk. The contractor was prevented from completing these eight sections du to wood utility poles that are in the process of being removed due to the street widening. Therefore, I am requesting your Honorable Body's authorization to reduce the retention on this contract to $50,000 or approximately double the remaining work of $25,000. It is the opinion of our Consulting Engineer and this Department that the retention proposed is sufficient to guarantee completion of this contract in the Spring of 2000. It is respectfully requested, and I hereby recommend, that your Honorable Body authorize a reduction in retention from $256,743.88 to $50,000 to Destro Brothers Concrete Co., Inc. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated January 31, 2000, be received and filed, and That the Commissioner of Public Works be, and he hereby is authorized to reduce the retention from $265,743.88 to $50,000 to Destro Brothers concrete Co., Inc., for Group 9345, Exchange Street - Phase IV, Alabama Street and LaRiviere Drive, Contract #91965800. PASSED AYES -13 NOES - 0 NO. 37 REFUELING SITES ITEM NO. 212, CCP 1/25/00 In Resolution #212 of CCP 1/25/00 Your Honorable Body Page 23 00-0208.txt requested a report on the present location of all City of Buffalo refueling facilities. The following list represents the current gasoline distribution sites: Delaware Park Labor Center Seneca Street Police Garage Engine 4 (Abbott & Hollywood) Engine 34 (Main & Mercer) Please be advised that the fueling facilities Engine 4 and Engine 34 are currently under construction. Engine 34 should be operational in two (2) weeks. Engine 4 should be operational sometime in April. The City also has fifteen (15) diesel distribution sites. The current status of these sites are as follows: Delaware Park Labor Center Operational Seneca Street Police Garage Operational Engine 1 (S. Division & Ellicott) Under construction; 2/25/00 operational Engine 3 (Broadway & Monroe) Operational; will be under construction 3/11/00. Engine 10 (Ganson St.) Operational; To be removed 2/28/00. Engine 16 (Jefferson & Kingsley) Operational Operational. upgraded 2/7/00. Engine 19 (Forest Ave.) Operational; to be removed April, 2000. Engine 22 (Broadway & Wick) Operational; to be removed 2/7/00. Engine 24 (Leroy & Halbert) Operational; will be under construction 2/7/00. Engine 25 (Seneca & Southside) Operational. Engine 31 (Bailey & Doat) To be operational 2/4/00. Engine 32 (Seneca & Swan) Under construction; 2/25/00 operational Engine 36 (Elmwood & Great Arrow) To be operational 2/4/00. Engine 37 (Rhode Island & Chenango) .. Under construction; 3/3/00 operational. Ladder 12 (Amherst & Grant) Under construction-, 3/10/00 operational REFERRED TO THE COMMITTEE ON LEGISLATION NO. 38 RENAMING KENSINGTON EXPRESSWAY/ HUMBOLDT PARKWAY - DR. MARTIN LUTHER KING WAY 214; C.C.P. 01/25/00 The Department of Public Works has been directed to report and comment on Item 214 of C.C.P. January 25, 2000 - RENAMING KENSINGTON EXPRESSWAY/HUMBOLDT PARKWAY - DR. MARTIN LUTHER KING WAY. The general idea of the Kensington Expressway was originally proposed to the City of Buffalo by the State of New York in 1946 under the tentative name East Side Expressway. At the regular session of the Common Council of the City of Buffalo held September 7, 1954, under Item No. 165, the Council approved the preliminary plans for the expressway then titled " Cherry - Humboldt -Kensington Arterial Route" Title for the right-of-way, other than those parcels that were already dedicated public streets, was acquired under the name of the " People of the State of New York for the Kensington Expressway" . Title remains in the name of the People of the State of New York. Page 24 00-0208.txt By 1957, all references in the official records and on the actual construction plans are simply " Kensington Expressway" It appears that it was originally proposed by the State of New York as the Cherry - Humboldt - Kensington Arterial Route" and later simplified toKensington Expressway" . We find no record of any action by the City of Buffalo in officially naming the expressway. It is, therefore, the opinion of the Department of Public Works that since the State owns the right-of-way of the expressway, they have the naming rights. The Department of Public Works has no objection to the proposed name change and would support any request to the State of New York by Your Honorable Body for said name change. RECEIVED AND FILED FROM THE COMMISSIONER OF POLICE NO. 39 ALLOW BUFFALO POLICE DEPT. VEHICLES AT ALL COB REFUEL FAC. #212 CCP JAN 25,2000 At the present time, other than the Seneca Street Garage, the only other viable location for refueling Buffalo Police vehicles is the parks Building on the Scajaquada Expressway. I will allow the officers from D District to utilize this location for exigent circumstances only. The car wash and car vacuum are located at the Seneca Street Garage and personnel are also available to check the fluid levels in the cars, which is not the case at the Parks Building. Because of the constant use of the vehicles, it is important to not only have the cars washed and cleaned, but also the fluid levels checks and when necessary, filled. It is also my understanding that two other facilities, namely the fire stations at Main & Mercer and Abbott & Hollywood will soon possess the same gas key system that the police department utilizes, and the same allowance will be made for these districts (A & E) when they become available. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 40 Audit - A&F -PVB Item # 12, December 14,1999 In response to a request for information pertaining to what was termed a "discrepancy" in the number of PVB summonses issued in D-District versus E-District for the period 10/1/98 to 4/30/99; Please be advised that there are many number of variables which contribute to the number of PVB summonses issued by individual districts (e.g. alternate parking, number of streets per district, density of traffic, calls for service). As a result, it is not practical to attempt to give an all encompassing explanation that can address the inequality in the number of PVB summonses issued in the districts. RECEIVED AND FILED NO. 41 CERTIFICATE OF APPOINTMENT ***STATUS CHANGE ONLY*** Appointment Effective: January 24, 2000 in the Department of Police Division of: to the Position of: Cellblock Attendant) Page 25 00-0208.txt Permanent Appointment at the: Intermediate Starting Salary of: $ 25,052 Robert R. Loveless 65 Susan Lane Buffalo, New York 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 42 CERTIFICATE OF APPOINTMENT Appointment Effective: January 4, 2000 in the Department of Police to the Position of.- Systems Coordinator Provisional, Appointment, at the Maximum, at the Starting Salary of $ 33,956 David Alba 62 Rosemary Avenue Buffalo, New York 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 43 COST RECOVERY FOR ENVIRONMENTAL REMEDIATION AT MAIN & TUPPER POLICE PRECINCT You requested some assurance from the Law Department that attempts were underway to recover the costs of environmental remediation for the soil contamination at the site of the police station being constructed at the comer of Main and Tupper. The Law Department has researched the appropriate parties from whom to seek recovery. We are currently preparing demand letters to Louis Fummerelle, 703 Main Corporation and Gulf Oil Corporation requesting compensation for the environmental remediation at the Main and Tupper site pursuant to the Navigation Law Section 181. The parties will have thirty (30) days to respond. If the response is not adequate, we will proceed to commence a proceeding in New York State Supreme Court to recover our reasonable response costs. We shall keep you apprised of the situation as it develops. ADOPTED NO. 44 RIVERSIDE PARK CONCESSION BUILDING - REPORT OF BIDS Having received permission, Item #51, C.C.P. 3/17/98, to take bids for improvements to Riverside Park, I have asked for and received on January 27, 2000 the following bids: BASE Alt.Alt. GENERAL CONSTRUCTION BID #1#2 TOTAL PRIORITY CONTRACTING$136,6661,9661,354 $139,986 7 Bronson Road Grand Island, NY 14072 SUMMIT CONSTRUCTION$138,0002,5001,500 $142,000 344 Vulcan Street Buffalo, NY 14207 PEYTON BARLOW CO., INC. $155,898 1,200950 $158,048 360 Delaware Avenue Buffalo, NY 14202 WILSANDRA CONSTR, CO. $155,0002,1001,500 Page 26 00-0208.txt $158,600 300 Camden Avenue Buffalo, NY 14216-1791 HADALA CONSTRUCTION$159,4001,700900 $162,000 325 Grote Street Buffalo, NY 14207-2499 KIRST CONSTRUCTION$160,8001,5001,300 $163,600 P.O. Box 171 North Boston, NY 14110 MILLER ENTERPRISES, $161,7003,5001,700 $166,900 12 Newfield Street Buffalo, NY 14207 NEW ERA CONSTR. $160,2247,886895 $169,005 200 Roosevelt Avenue Tonawanda, NY 14150 C. Nichter & Assoc.$167,7001,3001,000 $170,000 30 Wildwood Drive Lancaster, NY 14086 Visone Construction Inc.$199,4504,2001,200 $204,850 79 Sheldon Ave. Depew, NY 14043 W C ROBERSONBID WITHDRAWNBID WITHDRAWN BID WITHDRAWN 602 E. Delavan Avenue Buffalo, NY 14211 Consultant's Estimate $145,OOO 250 $1,125 $147F375 PLUMBING WORKBase Bid H & M PLUMBING$41,746 1425 Military Road Kenmore, NY 14217 ELMWOOD PLUMBING$42,000 414 West Ferry Buffalo, NY 14213 W.C. ROBERSON PLUMBING CORP.$44,996 602 E. Delavan Buffalo, NY 14211 C & L PLUMBING $45,000 79 Sheldon Ave. Depew, NY 14043 MKS PLUMBING $47,292 19 Ransier Drive West Seneca, NY 14224 MATTHEW KANDEFER, INC. $47,715 2215 Broadway Buffalo, NY 14212 NUMARCO INC. $48,500 1021 Maple Road Elma, NY 14059 ACKERMAN PLUMBING & HEATING $ 49,333 3170 E. River Road Grand Island, NY 14072 R.P. MECHANICAL $58, 858 7165 Genesse Road Springville, NY 14141 Consultant's Estimate $38,850 ELECTRICAL WORKBASE BID Page 27 00-0208.txt GOODWIN ELECTRIC$15,392 121 California Drive Williamsville, NY 14221 WARREN ELECTRIC$16,950 77 Reading Road Buffalo, NY 14220 ELECTRICAL SERVICE & SYSTEMS$18,300 35 Lee Street Buffalo, NY 14210 CIR ELECTRICAL$19,200 2750 Kenmore Avenue Tonawanda, NY 14150 WEYDMAN ELECTRIC$19,974 747 Young Street Tonawanda, NY 14150 Consultants Estimate$45,000 I hereby certify that the foregoing is true and correct statement of the bid received and that the following firms are the lowest responsible bidders in accordance with the plans and specifications. Award for General Construction shall for the base bid plus alternates I and 2. All other awards shall be for the base bids only. General Construction PRIORITY CONTRACTING @ $139 986 Plumbing Work H & M PLUMBING $ 41,746 Electrical Work GOODWIN ELECTRIC $ 15,392 PROJECT TOTAL: $197,124 I recommend the Your Honorable Body authorize the Commissioner of Community Development to order the work on the basis of the lowest, responsible bids. Funds are available in the Riverside Park Improvements 98-99 Account / Munis #30339506 fo this project. Mrs. LoTempio Moved: That the above communication from the Commissioner of Community Development dated January 31, 2000, be received and filed; and That the Commissioner of Community Development be, and he hereby is authorized to award contracts for Riverside Park Concession Building, for General Construction, to Priority Construction, in the amount of $139,986; for Plumbing Work, to H & M Plumbing, in the amount of $41,746; for Electrical Work, to Goodwin Electric, in the amount of $15,392, the lowest responsible bidders. Funds for the project are available in Riverside Park Improvements 98-99 Account/Munis #30339506 for this project. PASSED AYES -13 NOES - 0 FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 45 CHANGE ORDERS As per the request of Your Honorable Body, of project change orders that have been brought, I have prepared the following list before the Council from January 19 to the present by the Department of Community Development. The project name, contractor, change order number, change order amount, and approval item number and date are all listed. All amounts are an increase in contract unless listed as a deduct. List available for review in City Clerk's Office Page 28 00-0208.txt REFERRED TO THE COMMITTEE ON FINANCE NO. 46 PLANNING/ GRANTS SECTION CITY PARTICIPATION IN PROPOSED GREAT LAKES GRANT PROGRAMS PRIOR COUNCIL REFERENCE: RES. 4101 CCP 1-25-00 This is in response to your request to file a plan for making application to Vice President Gore's proposed $50 million grant program to clean up contaminated hot spots in the Great Lakes Basin. As your Honorable Body is aware this program has not yet been funded by Congress but offers a potential opportunity to clean-up contamination along the Buffalo River, Niagara River and Eighteen Mile Creek. As a result of your request, we will be sending a "Grants Alert" to President Clinton, Vice President Al Gore and the Western New York Congressional Delegation urging their full support of this program and potential funding to Buffalo. We will also send a copy of the "Grants Alert" to the interested parties identified in your resolution asking them to also urge our federal representatives to support full funding for this proposed matching fund program. Should this program become a reality, we stand ready to convene those interested parties locally to identify a common project and to work through the established guidelines for grant application through the Division of Planning, Grants Section, Department of Community Development. This process will include the identification of appropriate matching funds as may be required by the authorizing legislation of the Great Lakes Grants Program. If you require further information, contact Jill Lemke, Resource Development Specialist, at 851-5050, or Bonnie Kane Lockwood, Community Development, 851-5468. RECEIVED AND FILED NO. 47 CITY-WIDE REHABILITATION LOAN PROGRAM Attached please find a memorandum regarding the City-wide rehabilitation loan program. It is our intention to use the remaining balances to continue the program through June 30, 2000. If you should have any questions, please do hesitate to -call me at ext. 4182* or Commissioner Ryan at ext. 5016. 920 City Hall 65 Niagara Square - Buffalo, New York 14202 - 3 3 (716) 851-503; - FAX: (716) 854-0172 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 48 CONSULTING AGREEMENT - NIAGARA CONSULTING GROUP, INC. FUNDING AMOUNT: $50,000FUNDING SOURCE: 99-50700 Submitted to the Agency Members, for approval, is a request, to enter into a Consulting Agreement with Niagara Consulting Group, Inc. The contract will commence January 13, 2000 for a 12 month period upon execution of the contract. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 49 Page 29 00-0208.txt GENESEE / URBAN DEVELOPMENT ZONE ITEM #4~, CCP JANUARY 25, 2000 - RESPONSE TO INQUIRY In response to Council's question " Specifically who will be negotiating the above referenced matter?" (acquisition of +/- 1,478 sq.ft. from 1352 Genesse Street) David Hayes of Corporation Council will be handling all matters relating to this acquisition. In speaking with Community Development's project manager, he has copied me on an earlier letter that was provided to the Council President based on questions he had at that time. If either I or Michel Holland, the project manager, can be of further assistance don't hesitate to call upon us. Trusting this answers the question, I expect this item will be placed on the next meeting's agenda for approval. If not please advise me as soon as possible so the project, it's consultants, DPW and Corporation Council can adjust their respective timetables. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 50 STATUS OF PROPERTIES WALNUT/ARCHIE RESPONSE TO ITEMF#87, C.C.P. 1/25/2000 The above item is a request from Walnut Street Church of God in Christ, Inc. to acquire vacant property from the City of Buffalo needed for renovation of church and the building of a Community Center. The Department of Community Development has received and reviewed the church's request. The lots are in the HOZONE and have been set aside for new development. We will contact the church and advise them of the above and investigate possible alternatives with the church. REFERRED TO THE COMMITTEE ON FINANCE NO. 51 USED CAR DEALER 1685 SOUTH PARK Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 1685 South Park and find that as to form it is correct. I have caused an investigation into the premises for which said application for a Used Car Dealer License is being 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 Nabil Naji. The attached thereto for Nabil Naji d/b/a Naji Used Cars located at 1685 South Park. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 52 USED CAR DEALER 1671 GENESEE Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attache~ application for a Used Car Dealer License located at 1671 Genesee 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 Page 30 00-0208.txt 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 . The attached thereto for Craig Cawthou d/b/a CC Auto Sales located at 1671 Genesee. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF STREET SANITATION NO 53 WATERFRONT REDEVELOPMENT PROJACT NYR35 TRANSFER OF TITLE - 'WEBSTER BLOCK FROM BURA TO CITY FOR INNER HARBOR PROJECT In order to retire the mortgage on the Webster Block, it W-411 be necessary to sell a bond to provide funds for said retirement. In order to use City funds to pay off the mortgage the property must belong to the City of Buffalo. Therefore, by Item Number 11g January 13, 2000. The Agency has approved the transfer title of the Webster Block to the City, so that a City Bond can be used to pay off the mortgage lien on the property. The exact form of the deed will be determined by BURA General Counsel in consultation with the City's Corporation Counsel and attorneys for Alright Corporation, holder of the mortgage lien. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL NO. 54 APPT TRUCK DRIVER PERMANENT MAXIMUM Mr. Lawrence J. Sobocinski, 345 Gold Street, Buffalo, NY 14206 Mr. Joseph F. Szafranski, 93 Gordon Street, Buffalo, NY 14224 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 55 EXEMPT LONGEVITY Pursuant to a new local law, which became effective July 1, 1999, Exempt employees are now entitled to receive longevity. Attached please find the list of Exempt employees and corresponding longevity dates. Exempts have been defined as those employees who are not part of a collective bargaining unit. However, those Exempts who are part-time or a member of Police or Fire are not eligible. (Note, Police and Fire employees receive longevity pursuant to Article VI, Section 35-20(B) of the Charter.) The longevity dates have been calculated according to Article IV of the Local 650 contract. This list has been sent to Payroll, Budget, Data Processing, and the individual employees have received a copy of his/her longevity date. Please do not hesitate to contact Jenifer Scalisi, Asst. Director at Ext. 5915 if you have any questions. RECEIVED AND FILED NO. 56 ANTI-CRIME PROGRAM Page 31 00-0208.txt Action Requested of the Council: The Department of Human Services, Parks and Recreation applied for and received a fully executed contract for a grant of $42,260.00 from the New York State Department of Criminal Justice Services ((DCJS) to fund year three of the Anti-Crime program. The Mayor has approved the program and has signed the contract supporting our efforts. The program focuses on proactive juvenile delinquency prevention strategies. The Division Human Services requests the following two actions from the Council: 1. Please grant the Division of Human Services, Parks and Recreation permission to accept the contract and , 2. Please approve our request for an inter-fund loan for $42,250.00 to operate the program until reimbursements are received from the State Department of Criminal Justice Services. We expect the city to be 100% reimbursed for any expenses incurred operating the program during the contract year. Program Description: The Anti-Crime Program, a "frontline" juvenile delinquency prevention project, has been created and implemented to provide at- risk youth support services. The Anti-Crime program goals include: To provide the Buffalo Police, Erie County Probation and the community with a means to divert youth who have been identified as at risk or are involved in juvenile delinquency. To assess the needs and assist up to 250 families per year of youth at high risk the juvenile justice system. Further, to conduct seminars on a regular basis throughout the City of Buffalo with an emphasis on high-risk areas. Year 11 accomplishments include the formation of a consortium of law enforcement representatives and human service providers dedicated to improving the services to at-risk youths. Over 187 youth and their parents/guardians have attended 12 anti-crime seminars conducted by Buffalo Police and Probation Officers and 57 youth have successfully been diverted from the juvenile justice system. Long Term Cost to the City: The third year of this program will operate from October 1, 1999 to September 30. 2000. It will be My refunded by the Department of Criminal Justice Services for the full cost of $42, 260.00. A match component is required in the third year of the project equaling up to 50% of the State grant ($21,132.00) by the city. The match will be met by allocating a percentage of salaries of City of Buffalo Community Services Police Officers and The Program Director of Youth Services that are already being paid by the City of Buffalo. We anticipate no additional cost to the City of Buffalo REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION NO. 57 ADDITIONAL INFORMATION IN RESPONSE TO AUDIT- HSPR GOLF FEE REVENUE ITEM NO. 11, C. C. P. DECEMBER 28, 1999 Enclosed is a sample questionnaire sent to all golf season permit holders as requested by the Finance Committee. RECEIVED AND FILED NO. 58 POLICE ATHLETIC LEAGUE OF BUFFALO Page 32 00-0208.txt MEMORANDUM OF UNDERSTANDING The City of Buffalo (Department of Police and the Department of Human Services, Parks and Recreation), is seeking Council authorization to enter into an agreement with the Police Athletic League of Buffalo, a 50 1 C3, a not for profit agency. The Memorandum of Understanding will formalize and clarify an existing informal relationship among the parties. The Memorandum of Understanding has been approved as to form by the Corporation Counsel, reviewed by Labor Relations and has been sanctioned by Local 650. A copy of the proposed Memorandum of Understanding is attached. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL FROM THE BOARD OF EDUCATION NO. 59 IMPLEMENTING COMPREHENSIVE SEXUALITY EDUCATION IN THE BUFFALO PUBLIC SCHOOL SYSTEM ITEM #100, C.C.P. JANUARY 25, 2000 The Buffalo Public School District adheres to tile belief' that effective health education is based in the home and C011-1111LInity, and that the schools share a joint responsibility in imparting necessary knowledge and skills and developing attitudes that will enable -each student to make decisions a healthy and responsible life. We also believe that attitudes are at least as important as knowledge and skills since there is usually congruence between those attitudes and a person's actions, how you believe is how you behave. Prior to the year nineteen hundred ninety, sex education was taught as a two week course at the sixth grade level. The Board of Education realized that there was a need to expand the program in order to make the sexual educational component of' health education commensurate with the expressed needs of our students. Therefore, a committee on human growth was formed consisting of members who reflected the makeup of our community. The committee met for approximately one year to develop a curriculum that included both scope and sequence which the first time included educating students in the use of contraceptive devices. The proposal was submitted to tile Board of Education who studied the proposal and then approved the program. Sex education is not a stand alone subject. It is infused and installed as a natural part of elementary and secondary instruction throughout the school year. Explicit instruction in sex and AIDS education usually begins at approximately the fulfill grade level. The program is progressive, sequential and within the developmental level of the learner, therefore, exact timing of implementation may vary depending oil the readiness of the students receiving the instruction. In the elementary setting, the regular classroorn teacher does the teaching and makes that decision. At the secondary level, health education is taught as a one semester subject at the seventh grade level and one semester subject at the tenth grade level taught by teachers who are qualified to teach health and is a requirement for graduation. Currently, the Buffalo Public School District is In compliance with the Commissioners Regulations 135.3 and New York State Law 804 mandating instruction in health education which includes instruction in AIDS education. Page 33 00-0208.txt It should be noted that before instruction in sex education is conducted, letters are sent home to parents of children who are participating in tile sex education program affording parents the opportunity to meet the teacher and review the materials to be used for instruction. If, after reviewing the program, the parents IM that they do not want their child to participate they will notify the Principal and their child will be excluded from lessons dealing with sensitive issues. I however, parents must additionally send a signed statement assuring school officials that they will conduct AIDS education for their child at home. Teacher training has been ongoing since 1990. Initially five hundred elementary and secondary health teachers were excused from teaching duties and trained at BOCES. Since that time teacher training was conducted in order to train new teachers coming in to replace those who left. This training was scheduled through the Curriculum Department on an as needed basis. No teacher should be teaching units of instruction in sex or AIDS education unless they have first received a special in-service dealing with these topics. Teacher training has been and is currently conducted by the Director of Staff Development and The New York State Education Department representatives based at BOCES. The Buffalo Board of Education has a policy for designating community agencies identified to work collaboratively with the school personnel. Not all agencies who express a desire to come into the schools are given approval. Currently, community agencies given approval are: The Erie County Health Department, Crisis Services, Western New York United, Mental Health Association of Erie County, EPIC, DARE and the Erie County Council on Substance Abuse and Alcohol. It has been said that, reason is but a speck in the sea of emotion. The subject of sex education has historically illicited many and varied emotional responses from members of the community - to some it's not enough - to others it's too much. We have endeavored to respect the dignity of individuals by approaching this subject with respect and dignity. Health education includes both sex education and AIDS education as component units of instruction. It appears on all report cards and is graded by the teachers. We have just completed, printed and distributed a new health curriculum which is commensurate with New York State Education Department Standards. A Curriculum Textbook Committee has just reviewed and selected the most current health textbooks and materials for teachers to order from Book Companies. In conclusion, health education is an integral part of a student's educational experience while attending the Buffalo Public Schools. Administrators and staff have developed a health education program which helps students achieve the knowledge, attitudes, and behavioral skills that will enable them to make intelligent decisions with respect to health problems confronting them. The health education program prepares students to attain an optimal quality of life through the development and maintenance of total well being. It is recognized that school health education is especially important because life long behavior patterns have their roots in childhood. Children must be healthy to learn and must learn in order to be healthy. Buffalo Public School Administrators and staff stand ready, at all times, to undertake any new and innovative approaches which have merit and prove to be conducive to the improvement of Page 34 00-0208.txt instruction. REFERRED TO THE COMMITTEE ON EDUCATION FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 60 ECONOMIC IMPACT ANALYSIS BUFFALO INNER HARBOR DEVELOPMENT PROJECT Your Honorable Body, please find attached for your review, a copy of the Buffalo Inner Harbor Development Project Economic Impact Analysis. This project has the potential of being one of the most significant economic development projects in recent WNY history. The key findings have been summarized below. The Inner Harbor Development Project proposed by the joint venture of The Cordish Company, Adelphia Communications, and Benderson Development Company is expected to total over 2 million square feet of development at an estimated cost of over $284 million. The project will include an Urban Entertainment Center, a National Operations Center for Adelphia Communications, a skating rink sports center, broadcast studios for Empire Sports Network, a hotel, and residential units. Upon completion, the project will support permanent employment of over nine thousand (9,220) people, including over four thousand - five hundred (4,563) people directly on site. An additional 5,166 people will be employed during construction (direct, indirect, and induced). The total on-site payroll will exceed $106 million annually and stimulate an additional $91 million annually in compensation throughout WNY. The total economic activity supported by the project will exceed $836 million annually, including over $547 million directly from business activity on-site. The project will attract approximately 1.9 million visitors annually from outside WNY. These visitors will spend an additional $58 million off-site from the project. New York State, Erie County, the City of Buffalo, and other local schools and municipalities in the County will realize a total of over $88 million annually in new taxes as a result of this project, including $57 million directly from the project. We at the BERC look forward to working with you and the entire Common Council regarding this exciting development project. If you have any questions or comments, please don't hesitate to ask . REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 61 TOPS SUPERMARKET REPORT - BERC PER COMMUNITY DEVELOPMENT COMMITTEE MEETING OF JANUARY 5, 2000 Your Honorable Body, at a meeting of the Community Development Committee on Wednesday, January 5th, 2000, requested a report detailing the efforts by Buffalo Economic Renaissance Corporation (BERC) to recruit supermarkets to underserved neighborhoods M the City of Buffalo. During the period of 1996 through January 2000, Stewart Levy and Peter Cammarata have worked on various supermarket projects in the Hiner city, reporting directly to myself. Regarding the Fillmore/Ferry site, Mr. Levy had contact with: Fleming Corporation - regarding various potential operators (two from the Cleveland area). Page 35 00-0208.txt Quality Foods - regarding, both corporate and possible franchise operations. Pathmark Stores - regarding a possible first venture into the WNY market. TOPS Markets - regarding various types of stores (i.e. TOPS, B-KWIK, Wilson Farms). Wegmans Markets - regarding the possibility of building stores smaller than 80,000 square feet. Olean Wholesale - Regarding their relationship to the "Our Market" concept. Regarding the Towne Gardens site, Mr. Levy had contact with: 9 Fleming Corporation - regardirig the sponsorship of the last two independent operators at that site. Regarding Save-A-Lot-Corporation, Mr. Levy had contact with: Regional representative regarding various locations including Ontario Street. Franchise representatives regarding various locations including Genesee Street. Regarding Save-A-Lot-Corporation, Mr. Carninarata was directly involved in the lease negotiations which brought the franchise store to the Broadway Market. Regarding TOPS Supermarket Mr. Cammarata has been directly involved in the development of the Niagara Street project with franchise Philip Ilenia (Supermarket Management Inc.) Most recently, I have been meeting with the new General Counsel from TOPS Markets, John Mineo, who has set up an inner-city store task force within their organization to explore new ventures in the inner-city. I have been working with Councilmember Brown and Fontana to encourage TOPS to complete the work of their task force by mid-February. I have assigned Mr. Cammarata as Project Manager for these efforts. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 62 WILLIAM GAITER BUSINESS CENTER This correspondence addresses questions raised at the briefing session for Councilmembers in December conducted by Council President Pitts. The questions were related to MBE and MWBE participation in the Buffalo Economic Renaissance Corporation's development of the William Gaiter Business Center and BERC loans to MBE's. William Gaiter Business Center: The William Gaiter Business Center had a 25.4% MBE/WBE participation with 21.2% of the construction workforce Section 3 certified. The breakdown of MBE/WBE participating on the project is available from the office of Don Allen, Senior Deputy Commissioner of Human Resources. A total of eight (8) City based companies worked on the William Gaiter Business Center: Surianallo General ContractorsAPOTA (MBE) Oneida Sales & Service (MBE)Simmons Flooring (MBE) Clayton B. Obersheimer, Inc.Duscherer Oborst Designs Empire DemolitionM&E Engineering BERC Loan Activity Page 36 00-0208.txt A total of forty (40) BERC Loans to MWBE's were booked from 1994- 1999.The break down is as follows: % of Total Loans (144) Minorities2115.0% Minority Women118.0% Women 86.0% BERC Loans booked during that same period by Council District are as follows: Aggregate Loans Loans to MWBE's Delaware5 3 Ellicott62 14* Fillmore15 4* Lovejoy105 Masten16 7 Niagara12 2 North16 2 South2 0 University6 3 144 40 *Two (2) companies received two (2) loans each during that same period. Thank you for your interest in the Buffalo Economic Renaissance Corporation programs. REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITEE FROM THE CITY CLERK NO. 63 MAYOR REPORTED OUT OF STATE I transmit herewith communications received by me from the Mayor, reporting his absence from the state from 1:00 p.m. on Wednesday, January 26, 2000 until 10:00 p.m. on Thursday, January 27, 2000. RECEIVED AND FILED. NO. 64 DISPOSITION OF RECORDS Attached please find the following disposition of records from the following departments: Assessment RECEIVED AND FILED NO. 65 AUTO ALLOWANCE I transmit herewith certificates of auto allowance submitted for the following individuals in the various departments listed below: Sr. Citizens-Cleta Nunn RECEIVED AND FILED. NO. 66 LIQUOR LICENSE APPLICATIONS Page 37 00-0208.txt Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. AddressBusiness NameOwner's Name 80 AshleyALS IN IIIDavid Young 658 Main St.Hovana ClubPatritck Copolla RECEIVED AND FILED NO. 67 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- Annie Fur ti-Sciarrinu Public Works- Richard Westun Police- Sunji Rubinsu- , Deburah Daniel, St-efania Ovak, Ann Danowski, Fire- Vatasha Tibbs Corporation Counsel- Carol Parot Street Sanitation- Brian Britzzalaro RECEIVED AND FILED. NO. 68 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: City Planning Board RECEIVED AND FILED. NO. 69 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: January 24, 2000, in the Department of Common Council to the Position of Intern II, Seasonal Non-Competitive at the Flat Starting Salary of: $ 10.00 Jennifer McDougall, 743 Amherst St,Buffalo, New York 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE Appointment Effective: January 10, 2000, in the Department of Common Council, to the Position of Intern II, Seasonal Non-Competitive Starting Salary of: $ 5.15/hr Darien Pratchett, 213 Mills, Buffalo, NY 14211 Amina Zinnerman, PO BOX 262, Buffalo, NY 14215 Barry Martin,535 Goodyear, Buffalo, NY 14211 Dionne Boykin, 128 Manhattan Ave, Buffalo, NY 14215 NO. 70 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF HUMAN SERVICES Appointment Effective: January 24,2000, in the Page 38 00-0208.txt Department of Human Services, Division of Parks, to the Position of Laborer II, Seasonal at the Starting Salary of: $ 6.92 ph Charley Fisher IV, 393 Leroy, Buffalo 14214 NO. 71 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 ASSESSMENT AMENDED Certificate of Appointment Appointment Effective Monday, January 3, 2000 in the Department of Assessment, to the position of Account Clerk Provisional Appointment at the Minimum Starting Salary of $24,277.00 Sandra Stotz, 4 Roebling Ave, Buffalo, New York 14215 DEPARTMENT OF POLICE Appointment Effective: January 31, 2000 in the Department of: Police, to the Position of Police Lieutenant,Permanent at the Flat Starting Salary of: $ 53,314 Richard A. Ortiz, 3457 Parkwood Common, Hamburg, N.Y. 14075 Appointment Effective: January 24, 2000, in the Department of: Police to the Position of Report Technician Permanent Appointment at the Minimum Starting Salary of $ 25,149 Pamela A. Zawistowski, 10 Kentucky Street, Buffalo, New York 14204 Appointment Effective: January 26, 2000 in the Department of Police at the Minimum Starting Salary of $ 34,057 David J. Rambino,41 Susan Lane Buffalo, New York 14220 Ronald E. Jentz, 56 Folger St. Buffalo, NY 14220 '""STATUS CHANGE ONLY**~ Schedule "A" Kathleen M. Paul,44 Pavonia Street, Buffalo, New York 14207 Pamela A. Cosimano, 1188 Kenmore Ave ,Buffalo, New York 14216 Mark A. Swaggard, 377 Winspear Avenue, Buffalo, New York 14215 Nathaniel N. Gainey, 128 Longview Avenue, Buffalo, New York 14211 Appointment Effective January 26, 2000,in the Department of: Police to the Position of Police Officer, Contingent Permanent Appointment at the Minimum Starting Salary of: $ 34,057 Tracie L. Gallagher, 194 Culver Rd, Buffalo, New York 14220 Darren D. Exum, 492 Northland Avenue,Buffalo, New York 14211 Angelo Threats, 102 Ericson Avenue,Buffalo, New York 14215 Vatasha L. Tibbs, 119 Delmar Mitchell Drive,Buffalo, New York 14204 Appointment Effective: January 31, 2000, in the Page 39 00-0208.txt Department of Police, to the Position of: Report Technician, Contingent Permanent Appointment at the Minimum Starting Salary of: $ 25,149 Lenora Jones, 393 Eggert Road, Buffalo, New York 14215 Appointment Effective: January 27, 2000, in the Department of Public Works Division of Buildings, to the Position of Building Code Specialist Permanent, Appointment at the Minimum Starting Salary of $ 38,792 W. Gregg Harris, 264 Baynes Street, Buffalo 14213 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 72 EMPIRE STATE DEVELOPMENT BUFFALO INNER HARBOR Enclosed for your records, are statements presented at the Common Council Community Development meeting of January 19, 2000: Jacek Wysocki, Chairman Western New York Heritage Institute Dr. Warren Barbour, Principal Archeologist Dean & Barbour Associates Letter dated January 14, 2000 from Dennis Montagna, Manager Monument Research and Preservation U.S. Dept. of Interior National Park Service I will continue to keep you updated with any necessary information. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 73 LEAD ABATEMENT PROGRAM Please be advised, the Masten Neighborhood Advisory Council Inc. located at 735 Humboldt Pkwy. Buffalo NY 14208 has a concern. As you are well aware we were the Community CBO to provide assistance with the Lead Abatement Program. This program has had some problems from its inception with the City's Financial Bureau. It is now apparent that certain Financial issues were never finalized through the person or persons in your office as the pass through agency for the HUD monies. At this particular time individual members of our Old MNAC Board are receiving notices that are not very clear, ie " Requisition for Funds". We would like to arrange for a meeting with you and which ever Councilpersons you may deem necessary to discuss these critical matters as soon as possible. I am the new Chairperson of the MASTEN NAC and would like to have in attendance any and all old members at this meeting if necessary, we are awaiting your response. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 74 SUPPORT EXEMPTION OF LAW INCOME SENIORS FROM USER My name is Mrs. Helen Brooks, and I live at 268 Northland in the City of Buffalo. I support your Resolution to exempt low income Seniors from the User Fee, and I hope the item will Page 40 00-0208.txt receive strong support from the entire Common Council. I could not afford the User Fee from the outset, due to my budget and other pressing bills, which I had to pay. Consequently, my bill went into Collections, and I am paying not only the User Fee, but also high interest charges, as well. It is my belief that the City of Buffalo is wrongly profiting from User Fee bills going into Collections. Currently, I owe approximately $300 on "my" User Fee bill, on which balance I am paying approximately, $50 per month. When the City first initiated the User Fee, a city-wide protest was seen. Only one (1) Councilmember was present at this protest That was Councilmember Coppola. I would also like to note that Councibnember At-large Fisher also gives every appearance of being a truly concerned representative of the City of Buffalo and its citizens. In closing, I believe the residents of this City deserve better service, and all citizens need to have strong leadership, which protects and represents our interests. HIELENBROOKS REFERRED TO THE COMMITTEE ON BUDGET AND THE CORPODATION COUNSEL NO. 75 CONSOLIDATION CITY REHAB LOANS I am in receipt of correspondence dated January 6 from Commisioner Ryan's office concerning the consolidation of the city's rehabilitation loan program. I am writing to express my deepest regret for this action and ask that you advocate to Commissioner Ryan that he reconsiders his position. As you are aware, we recently received a contract from the New York State Affordable Housing Corporation to administer a residential rehabilitation program. The contract calls for a program match to be provided by the CDBG. Essentially, the city would accept loan applications to match our program at a lever-age ratio of 1: 1. We received support letters from Mayor Masiello and Frank Manuele. We also received outside support letters from former Senator Anthony Nanula, Assemblyman Sam Hoyt and Councilmember Barbara Miller Williams. It is now my interpretation that the city no longer supports our program in light of Commissioner Ryan's vindication to provide the program match. Our program cannot work without the availability of city rehab loans. The average rehab cost of a single-family home in our area is around $6,000 however, it often exceeds $15,000. Given the average incomes of our homeowners at $11,000, it is difficult to make rehab activity happen, even with a 50% subsidy from our AHC Program. It's simply not affordable. However, if we are able to combine the subsidy with a low-interest loan from the city, rehab now becomes very affordable. Independent of the above, there is a more important consequence to pulling the city program away from HUB. Our mission is to represent and service the people in our community at the grass-roots level and offer programs and services that are accessible to everyone. Placing the loan program in the hands of two centralized organizations outside our neighborhood damages our ability to carry out this mission. To bring this into focus, our residents are not likely to depart the neighborhood and deal with a non-Hispanic, non-Spanish speaking entity for services. Furthermore, many Senior Citizens in the area lack Page 41 00-0208.txt telephones or automobiles and many other residents are simply disenfranchised or have trouble communicating with non-Spanish speaking people. Our organization now becomes very important because, we fill this void as we have been doing so for the last 15 years. In the end, HUB will likely respond to the potential problems created by this consolidation by assuming the responsibility of taking applications for the city loan program, regardless if this responsibility falls on other organizations. The downfall, is that we will not be funded for this activity, a very time-consuming activity, and we will therefore, have to absorb the added workload. Another point to be made on consolidating the loan program, is that capacity and effectiveness of the program will greatly diminish as the program is removed from the hands of the CBOs. If other community-members-respond as our community is likely to respond-,one-can-argue that overall residential rehab activity will decline. Is this something we want to occur in a city that has the oldest housing stock in the nation? We now come closer to seeing that pulling the loan program away from the neighborhood level may not be a sound idea. I would like to make a final point. As a CBO, we must work creatively to leverage any and all funds that are available to us. Leveraging means being smart, acting responsibly and getting the most production out of the limited resources we work with. CBOs should be rewarded for exercising such practices. We have always worked to save dwindling block grant dollars and simultaneously maximize the funds we receive. The design of our AHC program is evidence of this fortitude. Suspending the city loan program, even if it's only temporary, undermines our efforts, eliminates any reward for working productively and quite frankly, reduces our morale. The suspension of the loan program not only jeopardizes our current rehab program, but also places in jeopardy our ability to be included for new funding from HOME, AHC, or any other program for residential rehabilitation. Where will the required match come from? In July, the city may be able to provide a commitment, but for now we will not have a match. Timing is everything. I ask you to underscore this point to Commissioner Ryan. The bottom line is that the city is jeopardizing our current rehab program and at the same time jeopardizing our ability to effectively deliver city housing programs to our residents. I ask that you submit our sincere grievance to Commissioner Ryan and recommend his administration reexamine the consequences of his actions. I thank you for your time and attention regarding this most urgent matter. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 76 HOLY CROSS CHURCH REQUEST WAIVER FOR PERMIT FEES I am writing regarding an great opportunity or a great problem for Holy Cross Parish. I am referring to a situation that has arisen regarding the status of an elevator in our former school building. The former Holy Cross School is now completely occupied by a wonderful Head Start Program. This is of benefit to the neighborhood and allows our parish Page 42 00-0208.txt the use a portion of the building as a community gathering room. The fourth floor is a convent occupied by 5 Grey Nuns of the Sacred Heart who do ministry in various sections of the city. I have learned of the possibility of federal funds to make the building completely handicap accessible. Making the entire building handicap accessible would be of benefit to our elderly and infirm parishioners as well as disabled children and staff. A major part of the project would be the refurbishing of an elevator that services all four levels of the building. But we may have difficulty in modernizing the elevator because it is very old and small and may not meet today's standards. It would be a shame to pass up the opportunity for considerable federal funding for this depressed area in a project which would benefit handicapped children in Head Start and senior citizens who would be able to participate in parish and community affairs with the help of an elevator. The elevator needs attention. A serious malfunction would result in a loss of access for handicapped children and the nuns. They would have to move. We could never afford to replace the elevator completely. We certainly could not build a new shaft. I would ask that your inspectors enable us to receive whatever permits or waivers would be necessary for an improvement project, as long as safety were not compromised. The elevator is 50 years old. It needs work. Federal money would make it possible. I hope you can help us to improve our facilities and thereby better serve the citizens of the Lower West Side of Buffalo. I need to have everything in place in February. After that, the possibility of grant money for the elevator will be gone. I hope something can be done quickly so we would not lose this opportunity. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL, THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 77 MINUTES TECHNICAL ADVISORY COMMITTEE 1. The next TAC meeting will be scheduled at a future time. These meeting minutes represent our understanding of the items discussed and the decisions reached. If there are any modifications or corrections required to these minutes, please contact our office. Otherwise, these meeting minutes will be considered accurate and complete. REFERRED TO THE TASK FORCE ON STADIUM AND AUDITORIUM NO. 78 RENAME KENSINGTON EXPRESSWAY DR. MARTIN LUTHER KING WAY Today I received information that the Common Council is considering passing a resolution to rename both the Kensington Expressway and Humboldt Parkway "Dr. Martin Luther King Way." While we acknowledge the Council's authority to name streets within the City of Buffalo, we feel obligated to alert you that such a change may result in serious mail delivery problems for postal customers who reside on Humboldt Parkway. As we advised the Common Council on December 17, Page 43 00-0208.txt 1996, relative to changing a part of Sixteenth Street to "Union Place" and the lower block of Prospect Avenue to "Rabin Terrace," changing street names can result in addressing errors by barcoding software used by mailers nationwide that are beyond the Postal Service's ability to prevent or fix. A unique addressing issue in the Humboldt Parkway resolution is that a street named "MARTIN LUTHER KING PARK" already exists in the City of Buffalo in ZIP Code 14211. We therefore recommend your consideration of using "trailblazer" signs along Humboldt Parkway rather than renaming the street itself. We would appreciate an opportunity to discuss the postal issues involved at the public hearing on this matter. Please contact Mr. Victor Laudisio of my staff (846-2536) for further information. Thank you for your consideration. RECEIVED AND FILED NO. 79 INFO HENNIPIN PARK Enclosed please find further information which was gleaned from the original RFP for Hennepin Park. Please place this item on the Council agenda for February 8, 2000. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL NO. 80 P. HUSTED CONCERNS PIGEON SHOOTING ON RESIDENTIAL STREETS RECEIVED AND FILED NO. 81 CONCEMS-REDUCE MANPOWER-POLICE DEPT. Attached please find a communication filed by Councilmember Barbara Miller-Williams on behalf of a concerned citizen regarding the reduction of manpower in the Police Dept. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION NO. 82 G. MOONEY INFO TAPING COUNCIL MEETING Darryl McPherson has written that my equipment is responsible for audio problems within the City Council chambers sound amplification system. He has requested that I refrain from using the media outlets in the back of the room until an opportunity can be made for a determination of harm. I am painfully aware of your difficulties, and am willing comply with a reasonable request. In speaking with the City Clerk I have learned that RONCO will be ad.justing your public address system on Tuesday at 10:00 AM. I informed him that I will be available at that time for an evaluation of my units compatibility. I followed up with a call to Chris Bishop in your department. He knows that I will be on site. With the city's sound system's service contractor in house, I am sure we can obtain a clean audio signal for all. RECEIVED AND FILED NO. 83 Page 44 00-0208.txt G. MOONEY-COMMENTS TAPING COUNCIL MEETING I have received the correspondence from Darryl McPherson, Assistant Corporation Counsel. Mr. McPherson is under the Illusion that the reason you disconnected my recording apparatus is for technical incompatibility. III OUr discussion this was not a cause or motive for Your action. You did not mention technical standards even once in justifying my disconnection. Please see the attached transcript. The scenario Mr. McPherson sets up is plausible, though inaccurate. I IC would justify your actions on the pretense that my equipment interfered with the official proceedings. I have paid keen attention to the effecting equipment has had on your overall system. I was present when your video crew was tampering with the Council microphone levels on Jan. 11, 2000. Prior to this adjustment there has been no problem. When you abruptly disconnected my p[Lig on January 18, 2000, there %vas no effect In Sound quality over your speakers- not even a pop. The motivation for your actions was depicted In your words of the moment. You said: "You don't have permission to tape our meeting." Sir, I do not need permission to tape an open public assembly meeting where the affairs of the common people are being discussed, You said: "You have to tell us what your purpose Is, etceteras." My purpose Is electronic newsgathering. Would you have me quit if it was any other? You said: "...[When it cornes to taping, when it comes to filming ctceteras,.vou have to have permission." Mr. McPherson, Asst. Corporation Counsel disagrees The language You asserted amounts to intent of censorship. What you did, what you said was ethically wrong. It was legally and morally wrong. It may possibly even be criminal under state and federal freedorn of information and public access rules. You have overstepped Your authority by taking a police action without due process. RECEIVED AND FILED NO. 84 FACT SHEET DONNER HANNA COKE SITE The New York State Department of Environmental Conservation (NYSDEC), in cooperation with the New York State Department of Health (NYSDOH), is pleased to tell you about the current status of the LTV/Donner Hanna Coke site in Buffalo, N.Y. (See sketch). This former steel manufacturing site (overall 218 acres) is currently owned by the LTV Steel Company based in Cleveland, Ohio with parcels co-owned with the Hanna Furnace Corporation. Steel production began at this facility in 1906. The area expanded over the years to include a coke production facility. The facility continued operations until the 1 9 8 0 ' s w h e n manufacturing ceased and all the buildings were demolished. The 33 acre coke yard parcel is the only area currently listed on the New York State Registry of Inactive Hazardous Waste Disposal Sites. There have been a number of environmental assessments done of the four areas since 1997. The data gathered to date indicate that: the contamination varies across the site depending on the type of industrial operation; common contaminants include benzene, cyanide and chromium; and, Page 45 00-0208.txt contamin ated groundwater is generally localized on the site and is flowing slowly toward the west, away from any residential areas. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 85 R. POOLE INFO 166 DART STREET In response to inquiries made by the Common Council during their January 19, 2000 meeting, National Fuel has compiled information regarding the recent remediation of the Scajaquada Creek site, and the proposed DNAPL recovery well associated with those efforts. The enclosed Fact Sheet provides historical information on the site as well as a description of the cleanup work completed to date. The final task for completion of this project is the installation of a DNAPL recovery system to extract residual contamination beneath the creek bottom. Based on investigations and site characterization, the optimal location to place such a system is in the deepest spots of the creek bed, where residuals are likely to accumulate. One such location can be reached by installing an extraction system in a small area within your impound facility at 166 Dart Street, and we have had discussions with Mr. Dennis Dargavel, Director of Real Estate, concerning this matter, A copy of the correspondence, including a technical description of the proposed system is included. It is worth noting that we do not have contamination on your property and this operation would not cause any such condition to occur. If a lease agreement can be established, National Fuel would address liability issues. REFERRED TO THE COMMITTEE ON FINANCE NO. 86 HICKORY WOODS SOIL CONTAMINATION PROBLEMS This is in response to your letter of December 20, 1999 requesting a plan of action for the U.S. Environmental Protection Agency (EPA) and the New York State Department of Health NYSDOH) concerning the Hickory Woods soil contamination problems. As we discussed during our meeting at the NYSDOH offices in Buffalo on December 17, 1999, EPA has been gathering information and data from the City of Buffalo and other sources since the City submitted the initial request for assistance this past September. The information has been sent to the NYSDOH for an assessment of health implications associated with the site. NYSDOH issued a Health Consultation, on December 15, 1999, concluding that there are no immediate health concerns at the Hickory Woods subdivision, but that additional sampling is needed to evaluate the long term health consequences. We recently held meetings with the residents to gather historical information to help locate areas of known contamination. The EPA action plan for Hickory Woods includes the development and implementation of a comprehensive soil sampling program, based upon information from the residents, the City, former owners and operators of the industrial facilities and other data sources. The sampling program will include: a quality assurance/quality control (QA/QC) plan; a health and safety plan; and, validation of the generated analytical data. The soil sampling results will be forwarded to the NYSDOH and the Agency for Toxic Page 46 00-0208.txt Substances and Disease Registry (ATSDR) for their evaluation of any health impacts that may be attributed to the contamination, EPA will take appropriate action to alleviate adverse health effects, consistent with the provisions of the Federal Superfund law.. During our meeting of December 17, as well as during a public meeting held in the evening of December 16 with area residents, EPA explained that we have ordered an analysis of the Hickory Woods neighborhood by the Environmental Photographic Interpretation Center (EPIC) to help locate potential areas of contamination. EPIC is in the process of collecting and analyzing historical aerial photographs and has conducted an overflight of the area to obtain a current aerial photograph. The EPIC report will utilize these photographs to identify areas where ground disturbance indicates that waste disposal may have occurred. EPA has also contacted potentially responsible parties to obtain all available information concerning their use of these properties prior to the sale to the City. We are working with the City to generate a list of the current owners of property within the Abby Street/Hickory Woods development to facilitate obtaining access agreements that are needed prior to sampling the properties. A number of neighborhood residents indicated that they have knowledge of areas where they have found soil contamination and/or where contaminated materials may have been dumped. EPA met with these residents on January 13, 2000 and received input for the development of the comprehensive soil sampling program. Based upon the information obtained from these efforts, I anticipate that a sampling plan should be final in March 2000, and the comprehensive sampling effort initiated shortly thereafter. The sampling effort will take about one month, data analysis will take one month and the quality assurance reviews one month. The data will then be provided to the NYSDOH for their evaluation of the health implications. I want to assure you that EPA will continue to expedite the investigation of the soil contamination problems in the Hickory Woods subdivision. We will complete our investigation and take appropriate actions to mitigate identified health problems as promptly as possible. While EPA will continue to consult with NYSDOH concerning health issues, requests relating to a health survey of Hickory Woods residents should be addressed directly to NYSDOH. I sincerely appreciate your efforts to promptly and properly address this environmental problem. If you have any further questions or need additional information, do not hesitate to contact me at (973) 3216658. REFERRED TO THE COMMITTEE OF THE WHOLE PETITIONS NO. 87 C. SWANS AND 0 OPPOSE CLOSING-BUFFALO VOCAT10NAL TECHNICIAL SCHOOL RECEIVED AND FILED REGULAR COMMITTEES CIVIL SERVICE (BARBARA A. MILLER-WILLIAMS, CHAIRPERSON) NO. 88 APPT. -TIRE MECHANIC (MAX) (GS) (#69,1/21) (#93, 12/23) Page 47 00-0208.txt (CCP#71 -JAN 6, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 89 APPOINTMENT SR. DATA PROC. EQUIP. OP. (HITER) (COMPT) (ITEM NO. 13-C.C.P. JAN. 25, 2000) That Communication 13, Jan. 25, 2000 be received and filed and the permanent appointment of Janet Sanfilippo stated above at the intermediate salary of $31,330 effective on January 13, 2000 is hereby approved. PASSED AYES -13 NOES - 0 NO. 90 APPOINTMENT SR. ACCT. CLERK-TYPIST (INTER) (HSPR) (ITEM NO. 60-C.C.P. JAN. 25, 2000) That Communication 60, Jan. 25, 2000 be received and filed and the provisional appointment of Paula Feaster stated above at the intermediate salary of $25,557 effective on January 6, 2000 is hereby approved. PASSED AYES -13 NOES - 0 FINANCE (BYRON W. BROWN, CHAIRMAN) NO. 91 ELIMINATE USER FEE FOR CENTRAL TERMINAL (CCP# 15 9-OCT. 20, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 92 ELIM. USER FEE-CENTRAL TERMINAL (CC) (CCP#3 6-NOV. 4, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 93 AUDIT-PUBLIC ACCESS-TELECOM. (CITY CLERK-OFC. OF TELECOM.) (CCP#98-SEPT. 7, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 94 AUDIT-HSPR-GOLF FEE REVENUE (CCP# I I -DEC. 28, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 95 RESPONSE TO AUDIT-GOLF FEE REVENUE (HSPR) (CCP#59-JAN. 25, 00) That the above item be and the same hereby is received and filed. ADOPTED Page 48 00-0208.txt NO. 96 REPORT OF AUCTION - 2002 FILLMORE AVENUE (ITEM NO. 62, C.C.P., JULY 13, 1999) (ITEM NO. 91, C.C.P., NOV. 16, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Brown moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 97 REPORT OF AUCTION - 246 SCHUELE (ITEM NO. 64, C.C.P., JULY 13, 1999) (ITEM NO. 92, C.C.P., NOV. 16, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Brown moved: That the offer from Mr. Michael Ridgeway, 40 Swinburne, in the sum of Two Thousand and Fifty Dollars ($2,050.00) to purchase the property described as 246 Schuele, be and hereby is accepted; and The buyer will be required to pay a ten percent (10%) buyer premium to Cash Realty and Auction; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bids were submitted. PASSED AYES -13 NOES - 0 NO. 98 REPORT OF AUCTION - 123 SCHUELE (ITEM NO. 59, C.C.P., SEPT. 7, 1999) (ITEM NO. 93, C.C.P., NOV. 16, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation, Mr. Brown moved: That the offer from Mr. Roger Pryor, 30 Kosciuszko Street, in the sum of One Thousand and Three Hundred Dollars ($1,300.00) to purchase the property described as 123 Schuele Street be and hereby is accepted, and The buyer will be required to pay a ten percent (10%) buyer premium to Cash Realty and Auction-, and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bids were submitted. PASSED AYES -13 NOES - 0 NO. 99 RPT. OF AUC.-645 WOODLAWN (CD)(#89,11/16)(#89,11/3)(#145,7/27)(#59,,7/13) (CCP#77-JAN. 11, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 100 RPT. OF AUC.-13 LYTH ST. (CD)(#90,11/16)(#90,11/3)(#146,7/27)(#61,7/13) (CCP#78-JAN. 11, 00) That the above item be and the same hereby is received Page 49 00-0208.txt and filed. ADOPTED NO. 101 REPORT OF AUCTION - 108 ROHR (ITEM NO. 54, C.C.P., JAN. 25, 2000) That the offer from Mr. Shawn LaPorte, 10 Alice Court, in the sum of Three Thousand Dollars ($3,000.00) to purchase the property described as 123 Schuele Street be and hereby is accepted, and The buyer will be required to pay a ten percent (10%) buyer premium to Cash Realty and Auction, and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bids were submitted. PASSED AYES -13 NOES - 0 NO. 102 ABANDON AND SELL - 961 GLENWOOD (ITEM NO. 25, C.C.P., DEC. 28, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio moved: That the Commissioner of Public Works be, and he hereby is authorized to abandon the Buffalo Water Board property known as 961 Glenwood Avenue and the Director of Real Estate be, and he hereby is authorized to accept the property into the City inventory. PASSED AYES -13 NOES - 0 NO. 103 RESULTS OF NEGOTIATIONS - 69 E. UTICA STREET (ITEM NO. 57, C.C.P., DEC, 28, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. upon which the bids were submitted. Mr. Brown moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 104 RESULTS OF NEGOTIATIONS - 174 ROSE STREET (ITEM NO. 5 1, C. C. P., JAN. 25, 2000) That the offer from Mr. E. Paul Smith, 968 Jefferson Avenue, in the sum of Eight Hundred Dollars ($800.00) to purchase the property described as 174 Rose Street be and hereby is accepted, and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bids were submitted. PASSED AYES -13 NOES - 0 NO. 105 RESULTS OF NEGOTIATIONS - 148 AND 154 Page 50 00-0208.txt WOODLAWN AVENUE (ITEM NO. 52, C.C.P., JAN. 25, 2000) That the offer from Mr. Otis Tillman on behalf of Gospel Expansion Foundation, 461 Masten Avenue, in the sum of Eight Hundred Dollars ($800.00) to purchase the properties described as 148 and 154 Woodlawn Avenue be and they hereby are accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser-, and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bids were submitted, PASSED AYES -13 NOES - 0 NO. 106 712 JEFFERSON AVENUE ENVIRONMENTAL ASSESSMENT - CHANGE ORDER (ITEM NO. 40, C.C.P., JAN. 25, 2000) That the Commissioner of Community Development be, and he hereby is authorized to issue change order No. 1, to Acres International, an increase in the amount of $650.00, as more fully described in the above communication, for work relating to 712 Jefferson Avenue. Funds for this project are available in Bond Fund 202-717-005. PASSED AYES -13 NOES - 0 NO. 107 REQ. TO FORGIVE COSTS-LAVEME PHILLIPS (CD) (CCP#50-JAN. 25, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 108 LAVERNE PHI ILIPS-CANCELLATION OF DEMO. CHARGES (LAW) (CCP# 16-JAN. 11, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 109 USE AGREE.-COB & NATL. FUEL-TEMP. USE OF PORTION OF 166 DART ST. (LAW) (CCP#20-JAN. 11, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 110 PERMISSION TO HIRE CONSULTANT - RECONST. MAIN STREET-BAILEY AVENUE (ITEM NO. 25, C.C.P, JAN. 25, 2000) That the Commissioner of Public Works be, and he hereby is authorized to hire a consulting engineering firm for design, bidding, contract administration and construction inspection for the reconstruction of Main Street from Bailey Avenue to the Humboldt Parkway Interchange, PIN 513403 and PIN Page 51 00-0208.txt 503493. PASSED AYES-13. NOES-0. NO. 111 UTL. OF PROJECT LABOR AGREE.-CITY CONST. PROJECTS (LAW) (CCP#2 I -JAN. 11, 00) That the above item be and the same hereby is referred to the Minority Business Enterprise Committee. ADOPTED NO. 112 MAIN/TUPPER POLICE PRECINCT CONSTRUCTION COSTS (ITEM NO. 22, C.C.P., JAN. 25, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Brown moved: That the above item be, and the same is hereby received and filed. ADOPTED NO. 113 DRUG ASSET FORFEITURE CHECKS RECEIVED (POL.) (CCP#25-JAN. 25, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 114 NEW FLOOD INS. MAPS-FEMA FEE-FLOOD ZONE-CERT. LETTERS (PW) (CCP#23-JAN. 25, 00) That the above item be and the same hereby is referred to the Committee on Budget. ADOPTED NO. 115 H. WILLIAMS-REQ. PROC.-BFLO. INNER CITY YOUTH FAN CLUB FOR GOLFING, INC. (CCP#90-JAN. 25, 00) That the above item be and the same hereby is received and filed, ADOPTED NO. 116 CHANGE IN CONTRACT - MAIN TUPPER POLICE PRECINCT GENERAL CONSTRUCTION (ITEM NO. 18, C.C.P., NOV. 3, 1999) (ITEM NO. 120, C. C.P., DEC. 14, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Brown moved: That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 2, to C. Nichter Inc., an increase in the amount of $93,727.00, as more fully described in the above communication, for work relating to Main Tupper Popce Precinct, General Construction, C#91994200. Funds for this project are available in 34320206 445100 -Division of Buildings. PASSED AYES - BONIFACIO, BROWN, COPPOLA, ELLINGTON, FONTANA, GOLOMBEK, GRAY, LOTEMPIO, MARTINO, Page 52 00-0208.txt WILLIAMS - 10 NOES - FISHER, GRANT, PITTS-3. NO. 117 CHANGE IN CONTRACT - MAIN TUPPER POLICE PRECINCT GENERAL CONSTRUCTION (ITEM NO. 19, C.C.P., NOV. 3, 1999) (ITEM NO. 121, C.C.P., DEC. 14, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 3, to C. Nichter Inc., an increase in the amount of $41,481.00, as more fully described in the above communication, for work relating to Main Tupper Police Precinct, General Construction, C #91994200. Funds for this project are available in 34320206 445100 - Division of Buildings. LOST AYES -0 NOES - 13 LEGISLATION (ALFRED T. COPPOLA, CHAIRMAN) NO. 118 M. WRIGHT, AGENT TO USE 10 14 KENSINGTON - THREE FAMILY DWELLING (ITEM NO. 9 1, C. C. P., JAN. 25, 2000) That after the public hearing before the Committee on Legislation on February 1, 2000, the petition of M. Wright, agent, for permission to use 1014 Kensington for a three family dwelling, beauty salon, restaurant and laundromat be, and hereby is approved. PASSED AYES -13 NOES - 0 NO. 119 E. DIETSCH, AGENT TO USE 107 DELAWARE - HUMAN SERVICES FACILITY (ITEM NO. 92, C.C.P., JAN. 25, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Coppola moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 120 E. D'ABATO, OWNER, USE 1346 KENSINGTON AVENUE FOR A SIT-IN RESTAURANT (ITEM NO. 69, C.C.P., JAN. 25, 2000) That after the public hearing before the Committee on Legislation on February 1, 2000, the petition of E. D'Abato, owner, for permission to use 1346 Kensington Avenue for a sit-in restaurant be, and hereby is approved subject to the restrictions of the Special Kensington-Bailey Zoning District. PASSED AYES -13 NOES - 0 NO. 121 ORD. AMEND.-CHAPTER 4137-CODE ENFORCEMENT (FEES-SOLID WASTE/TRASH) (CCP#143-NOV. 3, 99) That the above item be and the same hereby is received and filed. ADOPTED Page 53 00-0208.txt NO. 122 ORD. AMEND.-CHAPTER #216-GARBAGE, RUBBISH & REFUSE (CCP# 144-NOV. 3, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 123 NFTA-RPT. -IMPROVING TRANSIT SERVICES (CCP#94-DEC. 14, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 124 REQ. ALL CITY DEPTS. PROVIDE INFO. ON CITY-OWNED VEHICLES (CCP# 114-MAY 18, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 125 REPLY-REQ. ALL CITY DEPTS. PROVIDE INFO. ON CITY OWNED VEHICLES (CCP#80-JUNE 1, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 126 COB VEHICLES (GS) (CCP#32-JAN. 11, 00) That the above item be and the same hereby is referred to the Committee on Budget. ADOPTED NO. 127 ADM. VEHICLE POLICY (MAYOR) (CCP#I-JAN. 25, 00) That the above item be and the same hereby is referred to the Committee on Budget. ADOPTED NO. 128 MAYOR'S IMPACT TEAM (MAYOR) (CCP#2-JULY 27, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 129 M. BERNIER-HUD-FUNDING FOR MAYOR'S IMPACT TEAM (CCP# 104-JULY 27, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 130 REMOVAL OF PROPERTY FROM VACANT HOUSES/BLDGS. Page 54 00-0208.txt (CCP#40-DEC. 28, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 131 REMOVAL OF PROPERTY-VACANT HOUSES/BLDGS. (CD) (CCP#49-JAN. 25, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 132 INCREASING PENALTIES FOR ILLEGAL DUMPING (CCP#152-NOV. 30,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 133 ILLEGAL DUMPING PENALTIES (LAW) (CCP#45-DEE. 14, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 134 INCREASING PENALTIES FOR ILLEGAL DUMPING (STS) (CCP#64-DEC. 14, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 135 INCREASING PENALTIES FOR ILLEGAL DUMPING (CCP#38-DEC. 28, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 136 ILLEGAL DUMPING PENALTIES (CCP#63-DEC. 28,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 137 REWARD FOR ILLEGAL DUMPING (LAW)(COM 47 12/14) (CCP#143-DEE. 28, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 138 INCREASED PENALTIES FOR ILLEGAL DUMPING (POLICE) (CCP# 15-JAN. 11, 00) That the above item be and the same hereby is received and filed. ADOPTED Page 55 00-0208.txt NO. 139 INCREASED PENALTIES FOR ILLEGAL DUMPING (POLICE) (CCP#28-JAN. 25, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 140 USED CAR DEALER - 283 BROADWAY (ITEM NO. 61, 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 above item be recommitted to the Committee on Legislation. ADOPTED. NO. 141 B. HIGGINS, COMMENTS-NYSDEC (CCP#90-DEC. 28, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 142 R. BENNEFT-UNITED WAY-DESIGN. OF ADDRESS AKA "ONE COMMUNITY WAY" (CCP#45-JAN. 11, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 143 RENAME KENSINGTON EXPRESSWAY AND HUMBOLDT PARKWAY TO MARTIN LUTHER KING WAY (ITEM NO. 214, C.C.P., JAN. 25, 2000) That the Common Council approves the request to rename the Kensington Expressway and Humboldt Parkway to Dr. Martin Luther King Way where applicable within the City; and Pursuant to Section 286-3(B) of the Code of the City of Buffalo, a public hearing be held on the name change on February 22, 2000 in the Council Chambers at 2: 00 p.m. ADOPT 1ST AND 2ND RESOLVES-REMAINDER TO THE COMMITTEE ON LEGISLATION NO. 144 RESTAURANT DANCING CLASS II-1683 MAIN STREET (ITEM NO 59 CCP DEC 14, 1999 (ITEM NO. 90 CCP JAN. 11, 2000 That the above item be, and the same 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. 145 MAIN/LASALLE REVIT. PROI. (CD) (CCP#25-JAN. 11, 00) That the above item be and the same hereby is received and filed. Page 56 00-0208.txt ADOPTED NO. 146 MAIN/LASALLE REVIT. PROI. (CD) (CCP#26-JAN. 11, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 147 M. LONGO-MAIN/LASALLE PLACE DEV. PROJ. (CCP#5 I -JAN. 11, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 148 V. MARTUCCI-MAIN/LASALLE HSG. PROG. (CCP#84-JAN. 25, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 149 ELLICOTT UR AMEND- 164-192 SWAN ST. (CD) (HRG. 7/13) (CCP#60-JUNE 29, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 150 R. BRYANT-WILLERT PK. VILL. COMM. ASSN.-OPPOSE PKG. LOT-SWAN ST. (CCP#108-JULY 27, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 151 P. MAHER-D&M PLYWOOD INC.-SUPPORT PKG. LOT-MICHIGAN/SWAN/S. DI . STS. (CCP#I 13-JULY 27, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 152 C. PALADINO-EMC-R. BAGINSKI-SUPPORT DEV. OF PKG. FAC.-SWAN/MICH/S. DIV. (CCP# 117-JULY 27, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 153 I SANDORO & O-OPPOSE REZ.-CHANGE USE-164-192 SWAN & 175-182 S. DIV. (CCP# 12 1 -JULY 27, 99) That the above item be and the same hereby is received and filed. ADOPTED Page 57 00-0208.txt NO. 154 PRESERVING HISTORY OF INNER HARBOR (EXE. FINAL 2 RESOLVES) (CCP# 170-NOV. 3 0, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 155 D. BAKER-INNER HARBOR PROJECT DATA (CCP#76-JAN. 25, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 156 T. BLANCHARD-DOCUMENTS-BFLO. INNER HARBOR PROJECT (CCP#77-JAN. 25, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 157 H. BAXTER-INF -ERIE CANAL (CCP#78-JAN. 25, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 158 M. CONBOY-INFO SUPPORT PRES. COALITION PLAN- INNER HARBOR PROJECT That the above item be and the same hereby is received and filed. ADOPTED NO. 159 S. STARKS -SUPPORT PRES. OF CANAL DISTRICT (CCP #89 -JAN 25, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 160 C. THOMAS, DATA-SITE DESIGN.-GREEN GOLD IND. DEV. (CCP#88-JAN. 25, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 161 SKYWAY BRIDGE LIGHT PROJECT (BERC) (CCP#50-NOV. 16, 99) That the above item be and the same hereby is referred to the Committee on Budget. ADOPTED NO. 162 NYSDOT-PROPOSED SKYWAY BRIDGE LIGHT PROJECT Page 58 00-0208.txt (CCP#80-NOV. 30,99) That the above item be and the same hereby is referred to the Committee on Budget. ADOPTED NO. 163 SKYWAY BRIDGE LIGHT PROJECT(BERC) (CCP# 36-JAN 11,00) That the above item be and the same hereby is received and filed. ADOPTED NO. 164 DENIAL OF PURCHASE OF CITY LAND TO PROP, OWNERS W/POORLY MAIN, BLDGS./I-ND. (CCP#149-NOV. 30,99) That the above item be and the same hereby is referred to the Committee on Legislation. ADOPTED NO. 165 POLICY/PROC. SALE OF IN REMPROPERTIES(CD) (CCP #47-JAN 25,00) That the above item be and the same hereby is received and filed. ADOPTED POLICE OVERSIGHT COMMITTEE (CHARLEY H. FISHER, III, CHAIRMAN) NO. 166 R. QUINTANA-CITY OF BERKLEY REPORT ON PEPPER SPRAY (CCP#100-MAR. 3, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 167 EFFECTS OF PEPPER SPRAY (CCP#200-MAR. 3, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 168 EFFECTS OF PEPPER SPRAY (POL) (CCP#58-MAR. 31, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 169 NYC COUNCIL-CIVILIAN COMPLAINT REVIEW BD. ETC. (CCP#96-MAR. 3, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 170 POLICE USE FORCE (POL) (CCP#45-OCT. 20, 99) That the above item be and the same hereby is received and filed. ADOPTED Page 59 00-0208.txt NO. 171 J. ROWE-PROPOSAL-PROJ. FOR CHANGE-LAW ENFORCE. PERSONNEL (CD) (CCP#43-MAY 4, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 172 J. ROWE-PROPOSAL-PROJ. FOR CHANGE-LAW ENFORCE. PERSONNEL (POL) (CCP#47-JULY 13, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 173 REQ. DISCIPLINARY RPT. OF BFLO. POLICE OFFICERS (POT) (CCP#44-JUNE 15, 99) hat the above item be and the same hereby is received and filed. ADOPTED NO. 174 POLICE PROFILING: RACE-BASED TRAFFIC STOPS (CCP#144-MAY 18,99) hat the above item be and the same hereby is received and filed. ADOPTED NO. 175 M. SOTO-N"ITE HOUSE-INFO/RACIAL PROFILING (CCP#102-JUNE 29, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 176 RACE BASED TRAFFIC SIGNS (POL) (CCP#48-JULY 13, 99) That the above item be and the same hereby is received and filed. ADOPTED BUDGET COMMITTEE (ROSEMARIE LOTEMPIO, CHAIRPERSON) NO. 177 REQ. BUDGET COMM. -RECONVENE-DEV. USER FEE RED. PLAN (CCP#20-FEB. 3, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 178 USER FEE-COMM. INFO. REQ. (CCP#135-SEPT. 8, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 179 Page 60 00-0208.txt INFO.-USER FEE (A&F) (CCP#34-JAN. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 180 DELINQUENT USER FEE BILLS BY COUNCIL DISTR. (COMPT) (CCP#14-DEC. 1, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 181 USE TAX SURPLUS-REBATE CURRENT TAXES OR REDUCE GARBAGE FEE (CCP#I 52-DEC. 1, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 182 RESCIND GARBAGE USE FEE (I" RESOLVE ONLY) (CCP#151-DEC. 15,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 183 COMMERCIAL WASTE PICKUP (CCP# 177-MAY 26, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 184 E. SIDE TRANS. STATION-SURB. WASTE ROUTING (ST. SAN) (#79,5/26) (CCP# 13 O-OCT. 20, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 185 INFO.-E. SIDE TRANSFER STATION (STS) (CCP#56-DEC. 1, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 186 INFO. -TRANSFER STATION (STS) (CCP#46-DEC. 29, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 187 BUDGET INFO.- EAST SIDE TRANSFER STA. (STS) (CCP#50-DEC. 15, 99) That the above item be and the same hereby is received and filed. ADOPTED Page 61 00-0208.txt NO. 188 BUDGET SUMMARY (STS) (CCP#3 I -JAN. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 189 POTENTIAL TRANSFER STA. REVENUES (CCP#142-DEE. 15, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 190 IMPROVE BFLO. RECYCLING PROG, (CCP#144-DEC. 15, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 191 S. ATTRIDGE-EC. DEP-STATUS RPT.-CONST./DERNO. PROJ. IN BFLO. (RECYCL.) (CCP#84-APR. 20, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 192 WOOD CHIP EXCHANGE (PILOT PROGRAM) (HSPR) (CCP#62-MAR. 9, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 193 STUDY WAYS TO REDUCE COSTS - TOMASELLO CONTRACTING (CCP#163-OCT. 20,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 194 COMM. WATE PICKUP (STS) (CCP#5O-NOV. 4, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 195 GARBAGE DISTR. PLAN (STS) (CCP#51 -NOV. 4,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 196 DEPT. OF STREET SANITATION STRATEGIC PLAN (STS.) (CCP#54-MAR. 9,99) That the above item be and the same hereby is received Page 62 00-0208.txt and filed. ADOPTED NO. 197 BID STATUS OF EQUIPMENT FOR SEMI-AUTOMATED REFUSE COLL. (STS.) (CCP#52-MAR. 9,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 198 UPDATE OF STREET SANITATION TIPPER/TOTES (GS) (CCP#64-MAR. 9,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 199 EXPLORE FEAS.-DEMOS BY CITY DEPTS. (CCP#253-FEB. 17, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 200 COST DISPOSAL - DEMO OF CITY-OWNED PROP. (PW) (CCP#22-NOV. 4, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 201 DEMO. OF CITY OWNED STRUCTURES (PW) (CCP#39-DEC. 1, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 202 DEMO. - CITY OWNED STRUCTURES (PW) (CCP#28-DEC. 15, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 203 DEMO. -APRIL 1999-STATUS REPORT (PW) (CCP#60-APR. 20, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 204 RESPONSE-5 YEARS ANALYSIS-PROP. SVGS/DEBT SVS.-REQ. DEMO. (COMPT) (CCP#5-JAN. 26, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 205 GENERAL FUND GAP SHEET 1ST QTR. 1998-99 (A&F) Page 63 00-0208.txt (CCP#49-NOV. 17, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 206 GENERAL FUNDS GAP SHEET-2~' QTR. 1998-99 (A&F) (CCP#47-FEB. 23, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 207 GENERAL FUNDS GAP SHEET-1ST QTR. 1999-2000 (A&F) (CCP#43-NOV. 16, 99) That the above item be and the same hereby is received and filed, ADOPTED NO. 208 POLICE OVERTIME/COURT COSTS (A&F) (CCP#57-DEE. 1, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 209 POLICE INSPECTORS PRE-SCHEDULED OVERTIME (CCP#153-FEB. 23, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 210 POLICE INSPECTORS PRE-SCHEDULED OVERTIME (CCP#20-MAR. 23, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 211 L. RAMUNNO-OVERTIME/COURTIME REVIEW (CCP#89-MAR. 9,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 212 REQ. INFO. COLLECTION OF INSP. FEES (#265, 9/8) (CCP#112-DEC. 15,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 213 REQ. INFO. COLLECTION OF INSP. FEES (CD) (#49, 12/1) (CCP# 113 -DEC. 15, 99) That the above item be and the same hereby is received and filed. ADOPTED Page 64 00-0208.txt NO. 214 REQ. INFO. COLLECTION OF INSPECTION FEES (CD) (CCP#30-JAN. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 215 TRANS. FDS.-COM. DEV.-BOND FUNDS (A&F) (CCP#51 -DEC. 29,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 216 RESPONSE-CAPITAL BUDGET (COMPT) (CCP#13-JAN. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 217 ALTERNATIVE FUNDING SOURCES FOR BUFFALO URBAN FOREST (HSPR) (CCP#32-JAN. 26, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 218 ORD. AMEND.-CHAPTER 409-STATUES/MONUMENTS (PW) (CCP#25-FEB. 23, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 219 ORD. AMEND.- CHAPTER 409 STATUES/MON. (BFLO. ARTS. COMM.) (#3, 2/9) (CCP#130-FEB. 23, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 220 ORD - AMEND. - CHAPTER 409 STATUES/MONUMENTS (#100, 1/26) (CCP)#131 FEB 23, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 221 REQ. SALE OF CITY OWNED PROPERTY (CCP#22-MAR. 23, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 222 By: Mr. Brown: Page 65 00-0208.txt BOND RESOLUTION $250,000 BONDS ELLICOTT DISTRICT IMPROVEMENTS ACCOUNT 3000-31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $250,000 General Improvement Bonds of said City to finance the cost of the partial reconstruction of streets, curbs and sidewalks in the Ellicott District, at the estimated total cost of $250,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Fifty Thousand Dollars ($250,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of the partial reconstruction of streets, curbs and sidewalks in the Ellicott District. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $250,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1999-00, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Improvements - Lower West Side Streets, 1999-00", Bond Authorization Account No. 3000-31, and shall be used for the class of objects or purposes specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $250,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 20. of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107,00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable Page 66 00-0208.txt real property within said City without limitation as to rate or amount. The faith and credit of said City is hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a)Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: February 8, 2000 Laid on the Table NO. 223 By: Mr. Brown: BOND RESOLUTION $425,000 BONDS LOCAL MATCH RESERVE (BRIDGES) ACCOUNT 3000-31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $425,000 General Improvement Bonds of said City to finance the City's local share of the cost of replacement of the Conrail Bridge at Clinton/Babcock Streets in the City, at the estimated total cost of $425,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Four Hundred Twenty-Five Thousand Dollars ($425,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33a of the Consolidated Laws of the State of New York (the "Law"), to finance the City's local share of the cost of replacement of the Conrail Bridge at Clinton/Babcock Streets in the City. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $425,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1999-00, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Local Match Reserve, 1999-00 ", Bond Authorization Account No. 3000-31, and shall be used for the specific object or purpose Page 67 00-0208.txt specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $425,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 10. of the Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a)Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: February 8, 2000 Laid on the Table No. 224 By: Mr. Brown: BOND RESOLUTION $1,500,000 BONDS WEBSTER BLOCK LAND ACQUISITION ACCOUNT 3000-60 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,500,000 General Improvement Bonds of said City, to finance the cost of acquisition of approximately one acre of land located within Page 68 00-0208.txt the area bounded by Scott Street on the north, Washington Street on the cast, Main Street on the west, and the Marine Midland Arena on the south, for the future development of the site, at the estimated maximum cost of $1,500,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Eric, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Million Five Hundred Thousand Dollars ($1,500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of acquisition of approximately one acre of land known as the "Webster Site" and located within the area bounded by Scott Street on the north, Washington Street on the east, Main Street on the west, and the Marine Midland Arena on the south, for the future development of the site. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,500,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 1999-00, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Community Development, Division of Development, "Waterfront Redevelopment, 1999-00", Bond Authorization Account No. 3000-60, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $1,500,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 21. of the Law, is thirty (30) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law, Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or Page 69 00-0208.txt amount. The faith and credit of said City is hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a)Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the Constitution Introduced: February 8, 2000 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 225 By: Mr. Brown INCREASED APPROPRIATION BOARD OF PARKING 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 - Board of Parking - Bond Account for Reconstruction of Ramps be and the same hereby is increased in the sum of $25,337. That, the comptroller be and hereby is authorized and directed to transfer the sum of $25,337 from Enterprise Fund - Board of Parking - Reserve for Downtown Parking Ramps to meet this increased appropriation as set forth below: From: 51000000 - Enterprise Fund - Board of Parking 253100 - Reserve for Downtown Parking Ramps $25,337 To: 51019026 - Enterprise Fund - Board of Parking 445 100 - Capital Projects Fund - Reconstruction of Ramps $25,337 PASSED AYES-13, NOES-0 NO. 226 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, be and the same hereby is Page 70 00-0208.txt increased in the sum of $55,000. FROM: That the comptroller be and hereby is authorized and directed to transfer the sum of $55,000 from the Unreserved Fund Balance 107000960-0397000 to meet this increased appropriation as set forth below: 10700096 - 397000 - General Fund - Unreserved Fund Balance $55,000 To: 1000 General Fund 10546006 - Law Department 432003 - Legal Services $55,000 PASSED AYES-13, NOES-0 NO. 227 By: Mr. Brown TRANSFER OF FUNDS COMMUNITY DEVELOPMENT - BOND FUNDS PUBLIC WORKS - BOND FUNDS That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $700,000 be and the same is hereby transferred from the Department of Community Development - Capital Projects Fund and said sum is hereby reappropriated as set forth below: From: 30441206-445100 Capital Projects Fund Department of Community Development Neighborhood Redevelopment 99 Services General Contractor$700,000 To: 30340306-445100 Capital Projects Fund Division of Buildings City Demolitions$700,000 PASSED AYES-13, NOES-0 NO. 228 By: Mr. Brown MEMORIALIZE THE STATE OF NEW YORK TO REQUIRE VEHICLE REGISTRANTS TO USE SOCIAL SECURITY NUMBER AS MANDATORY IDENTIFICATION Whereas: The City of Buffalo Parking Violations Bureau utilizes the New York State Vehicle and Traffic Law (See. 510 - 4c & d) to suspend vehicle registration privileges for failure to answer summonses or to pay fines with respect to parking and standing violations; and Whereas: This law is only effective in certain cases as loopholes and public knowledge of ways to circumvent the system continue to hinder collection efforts on fines owed to the City, and Whereas: In cases where an individual has acquired parking violations to the point of having his/her registration denied or suspended, some individuals have successfully registering vehicles using variations of their names with no foolproof legal identification to prove their validity; and Whereas: Like any other collection agency, government should not minimize its responsibility to recoup outstanding Page 71 00-0208.txt fines. Mandating social security numbers on vehicle registration applications would have a major impact on the ability of the City of Buffalo's Parking Violations Department to collect outstanding parking fines, while preventing repeat offenders from taking full advantage of loopholes; and Whereas: Without a foolproof means to prevent repeat offenders from registering other vehicles, offenders will have the means to continue with driving privileges and incur parking fines under other names. Now, Therefore Be It Resolved That: This Common Council of the City of Buffalo memorializes the State of New York Legislature to amend the New York State Vehicle and Traffic law to require persons to register vehicles by Social Security number as a mandatory requirement of identification and also to mandate that the Social Security number appear on both the registration application and the registration renewal application, and Be It Finally Resolved That: The City Clerk be directed to forward certified copies of this resolution to the Clerk of the Assembly, the Secretary of the Senate and members of the Western New York State Legislature delegation. ADOPTED NO. 229 By: Mr. Brown USE OF SETTLEMENT AWARDED FROM CITY OF BUFFALO VS. GENERAL ELECTRIC CO. ET. AL Whereas: As part of the ongoing lawsuit, "'City of Buffalo vs. General Electric Co. et. al.," a partial settlement of $170,000 was awarded to the City as a compromise for the cost of cleaning up 1489 Fillmore Avenue; and Whereas: The City currently has a pending lawsuit against Harold Schectman, Neil Norey, Industrial Realty Finance Corporation and Cash for Scrap pertaining to cost of cleaning up abandoned asbestos and containers of chemicals; and Whereas: 1489 Fillmore Avenue, the corner of E. Ferry and Fillmore Avenue, is the current site of the C District Police Station under construction, and is also the proposed site for a supermarket chain to build a market in the Masten District; and Whereas: The City of Buffalo has been attempting to attract a supermarket to this site through the use of incentives such as providing a parcel of land for development, as well as paving, lighting and landscaping; and Whereas: The placement of the amount awarded from the settlement with General Electric, into an account for use as an additional incentive, would be of great assistance to the City in its efforts to attract a supermarket to this site; Now, Therefore, Be It Resolved: That this Common Council authorizes the Comptroller and the Director of the Treasury to establish a specific account to hold the settlement of $170,000 awarded to the City of Buffalo from the suit against General Electric Co. et. al.; and Be It Further Resolved: That the Comptroller and the Director of the Treasury be authorized to place the amount awarded into this specific account established for the purpose of providing an additional incentive to attract a supermarket chain to the Ferry Fillmore site in partnership with a community Page 72 00-0208.txt development corporation (CDC); and Be It Further Resolved: That the Commissioner of Community Development, the President of the Buffalo Economic Renaissance Corporation, and the Chair of the Buffalo Urban Renewal Agency be authorized to utilize funds from this account as an incentive to attract a supermarket to the Ferry-Fillmore site; and Be It Finally Resolved: That the Comptroller and the Director of the Treasury be authorized to place any future settlement awards pertaining to 1489 Fillmore Avenue into this account. REFERRED TO THE COMMITTEE ON FINANCE THE CORPORATION COUNSEL AND COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 230 By: Mr. Brown: REQUEST AN UPDATED REPORT PERTAINING TO POLICE DEPARTMENT'S ACCOMPLISHMENTS IN COMBATING DRUGS Whereas:The City of Buffalo's Police Department was awarded two renewal grants, each amounting to $164,000, by the Department of Criminal Justice Services (DJCS) for the period 10/1/98 through 9/30/99 (DJCS 197 funds) and for the period 10/1/99 through 9/30/2000 (DCJS 198 funds); and Whereas:Under such grants, the department was able to continue current programs which provided a dedicated gang suppression detail on both the City's East and West Sides; and Whereas:Officers working this special initiative focus on gang activity, gun and weapon possession and combating drugs in the targeted areas; and Whereas:Due to an excessive amount of constituent complaints regarding drug activity in the specified target areas, an updated report would be essential in order to respond to the concerns of residents who continue to be plagued by such activities within their neighborhoods. Now, Therefore Be It Resolved That: This Common Council request that an updated report be provided outlining statistics on police actions that have been taken under the Department of Criminal Justice Services grants focused on drug activity, as well as a report of the results of the efforts to combat drug activity in the targeted area's (East & West sides) as well as throughout the City; and Be It Finally Resolved That: The Buffalo Police Department file with the City Clerk's office (1308 City Hall), on or before 2:00 p.m.., Thursday, February 17t", 2000, a copy of the Combat/Gang Suppression Unit plan, the current plans for the AIM Unit and Flex Unit, any drug prevention plans and any effort that describes how these programs are being implemented, along with any updates that may have been added since these plans and units have been established. PASSED. Page 73 00-0208.txt AYES-13. NOES-0. NO. 231 By: Mr. Coppola HANGING BASKETS ON NORWALK AVENUE TO BEAUTIFY THE NEIGHBORHOOD Whereas:The Norwalk Avenue Block Club originated in 1998 with anticipation of a Block Club dedicated to neighborhood gatherings and beautification; and Whereas:The Holiday Street Lighting and Decorating Contest and The Summer Flower Planting have been successful events for this Block Club; and Whereas:The Norwalk Avenue Block Club continues to be dedicated to neighborhood beautification; and Whereas: The Norwalk Avenue Block Club has been awarded money from the Mayor's Matching Fund Program and is requesting permission to hang baskets at various streets lights. Now, therefore be it resolved that: This Common Council supports the Norwalk Avenue Block Club's request to hang baskets down Norwalk Avenue pursuant to the conditions set forth by the Department of Public Works and the Corporation Counsel. PASSED AYES-13, NOES-0 No. 232 By: Al Coppola OPPOSE NEW YORK STATE THRUWAY TOLL INCREASES Whereas: A plan to allow New York State Thruway tolls to go up by as much as 3 percent each year is being proposed; and Whereas: Western New York is currently struggling to take part in the economic recovery being enjoyed by the rest of the Country; and Whereas:New York State is already known for having some of the highest trucking fees and taxes in the nation; and Whereas:A toll increase would be a further detriment to the economy of Western New York, not only would residents pay higher tolls, as consumers, they will be hit with increases from the trucking companies; Now, Therefore, Be It Resolved: That this Common Council goes on record opposing the proposed New York State Thruway toll increases. Be It Further Resolved: That a copy of this resolution be sent to Governor George E. Pataki; New York State Comptroller, H. Carl McCall; New York State Thruway Authority Chairman, Louis R. Tomson; and Joseph H. Boardman, Commissioner New York State Department of Transportation and the Greater Buffalo Niagara Partnership ADOPTED NO. 233 By: Ms. Ellington APPOINT LEGISLATIVE AIDE TO COMMON COUNCIL Now, Therefore, Be It Resolved: That Tamica N. Oaks, 187 Weston Avenue, Buffalo, New York, 14215, is hereby appointed as Legislative Aide to Councilmember Karen R. Ellington effective Monday, Page 74 00-0208.txt January 31, 2000. ADOPTED NO. 234 By: Mr. Fisher INSTITUTE COMMISSION ON CITIZENS RIGHTS AND COMMUNITY RELATIONS Whereas:Sections 18-20 through 18-22 of the new Charter, which takes effect on July 1, 2000, creates the Commission on Citizens Rights and Community Relations; and Whereas:This Commission is meant to replace the current Commission on Human Relations which has been inactive; and Whereas:This new Commission is responsible for achieving the goal of eliminating prejudice, intolerance, bigotry and discrimination within the city; and Whereas:This Commission will also be charged with assisting citizens with filing and pursuing complaints of police misconduct as well as having the power to review the police department's file on any investigation of police misconduct; and Whereas: The Commission is charged with examining some of the most pressing issues facing the City of Buffalo. Now, Therefore, Be It Resolved: This Common Council requests the Mayor of the City of Buffalo to implement the Commission on Citizens Rights and Community Relations immediately rather than wait for the new Charter to officially take effect on July 1; and Be It FurtherResolved: The Common Council will take any necessary steps to effectuate this change. ADOPTED NO. 235 By: Mr. Fisher DIRECT COMMISSIONER OF POLICE TO RECONSTITUTE THE DELI TASK FORCE Whereas: The Deli Task Force was assembled to address the problems associated with certain delis throughout the city of Buffalo; and Whereas:In a growing number of delis, criminal activity was becoming rampant and some delis were selling food in violation of relevant health code requirements; and Whereas:The Deli Task Force was comprised of law enforcement from all levels of government as well as other relevant governmental agencies including the Buffalo Police Department, the Buffalo Division of Inspections, the Erie County District Attorney's Office, Erie County Sheriffs Office, the Erie County Health Department, the New York State Liquor Authority, the New York State Attorney General's Office, the Federal Bureau of Alcohol and Firearms, the federal Department of Immigration and Naturalization Services and the United Stated Attorney's Office; and Whereas: While active, the Deli Task Force had a tremendous impact on the City of Buffalo and by all accounts was a great success; and Whereas: The Deli Task Force has been defunct for many months due to staffing problems; and Whereas:In recent months, with the loss of the Deli Task Force, there has been a growing number of concerns related to deli stores and illegal activity being Page 75 00-0208.txt conducted within those stores. Now, Therefore, Be It Resolved: This Common Council directs the Police Commissioner to reconstitute the Deli Task Force, inviting Buffalo Police Department, the Buffalo Division of Inspections, the Erie County District Attorney's Office, Erie County Sheriffs Office, the Erie County Health Department, the New York State Liquor Authority, the New York State Attorney General's Office, the Federal Bureau of Alcohol and Firearms, the federal Department of Immigration and Naturalization Services and the United Stated Attorney's Office, and any other agency the Commissioner deems appropriate, and meet as quickly as possible to deal with the reemerging problems associated with certain deli stores; and Be It Further Resolved: The Police Commissioner shall also invite representatives from the Yemenite Merchants Association and work closely with that Association; and Be It Finally Resolved: Copies of this resolution shall be sent to representatives of each of the above mentioned agencies. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION THE CORPORATION COUNSEL AND THE COMMISSIONER OF POLICE NO. 236 By: Mr. Golombek: ONTARIO STREET PARK TO COUNTY OF ERIE Whereas:The City Council has previously requested the Corporation Counsel to work with the County of Erie to reach an agreement for the transfer of certain parklands along the Niagara River to the County of Erie, and Whereas: The County of Erie and the City of Buffalo Corporation Counsel have had substantial negotiations and are now ready for the transfer of Ontario Street Park, and Now, Therefore, Be It Resolved: That this Council authorized the Mayor to enter into an agreement to convey Ontario Street Park which is approximately 7.9 acres commencing at the foot of Ontario Street and running northerly along the Niagara River and bounded by the New York State Thruway on the east and the Niagara River on the west to the County of Erie for the sole purpose of maintaining and further developing the parkland with the express condition that the land shall revert to the City should the County be unwilling or unable to maintain the same as parkland. REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL THE ERIE COUNTY EXECUTIVE AND THE CHAIRMAN OF ERIE COUNTY LEGISLATURE NO. 237 By: Mr. Golombek WAIVE FEE FOR STREET OBSTRUCTION PERMIT Whereas: Forever Elmwood has recently filed a special events application with the City of Buffalo to sponsor a Farmer's Market along Bidwell Parkway, and, Whereas: The Farmer's Market does serve to draw business to the Elmwood Avenue area: and, Whereas: Plans call for the opening of the Farmer's Market on Saturday, June 17th and run every Saturday thereafter until Saturday, November 4th. The Page 76 00-0208.txt market will be in business between the hours of 8:00 am and 1:00 pm; and, Whereas:The portion of Bidwell Parkway where this market will run is between Elmwood Avenue and West Delevan, on both the north and south sides of the street. The farmer's trucks will be parking curbside facing the park and therefore it will not be necessary to close any streets; and, Whereas:It will however be necessary to obtain a street obstruction permit for parking along the south side of the street beginning 10 feet from Elmwood Avenue for approximately 100 feet. Now, Therefore, Be It Resolved: That the Common Council waive the Fee for this Street Obstruction Permit which would be issued for every Saturday from 800 am to 100 pm, beginning June 17th through Saturday, November 4th 2000. Pursuant to the conditions set forth by the Commissioner of Public Works. PASSED AYES-13, NOES-0 NO. 238 By: Mrs. Grant GARBAGE USER FEE EXEMPTION FOR LOW INCOME SENIOR CITIZENS WHEREAS:Over the past five years, approximately 150,000 Seniors, Including many from the City of Buffalo, have left the Western New York Region and migrated to the South and Southwest; and WHEREAS:Many of the senior citizens who remain the City of Buffalo exist on an annual income of $12,000.00 or less and without additional financial resources or savings; and WHEREAS:' Numerous low income and below poverty level seniors have been forced to choose between- making repairs to their homes, buying medication, food, or paying their taxes which includes the Garbage User Fee; and WHEREAS:New York State Governor George Pataki has alleviated some of the seniors' hardship by implementing the STAR Program that encourages senior citizens to remain in their homes and in the area by reducing their tax obligations; NOW, THEREFORE, BE IT RESOLVED THAT: This honorable body votes in favor of, and the Mayor of the City of Buffalo approves a Garbage User Fee exemption for the primary residence of senior citizens, 55 years old or older, and whose total annual income from all sources does not exceed $12,000.00 annually; and BE IT FURTHER RESOLVED THAT: The budget director and the department of finance determine how much money would be lost by the City of Buffalo if Seniors 55 years of age or over and whose annual income was $12,000.00 or less were granted an exemption; and BE IT FINALLY RESOLVED THAT: If less than one million dollars would be lost and if less than 10,000 seniors would be exempt, this ordinance once it is signed into law, fiscal year shall take effect immediately at the beginning of the next fiscal year REFERRED TO THE COMMITTEE ON BUDGET AND THE CORPORATION COUNSEL NO. 239 By: Mrs. Grant Page 77 00-0208.txt ILLEGAL PARKING AT DESIGNATED HANDICAPPED SPACES AND AT CITY PARKING METERS WHEREAS:City of Buffalo and its surrounding areas have a large percentage of individuals who are disabled; and WHEREAS:Mayor's Office of Disability issues hang tags and disability license plates to individuals who submit medical proof of a disability; and WHEREAS:Individuals who display a disability hang tag over their car's rear view mirror are permitted to park in designated handicapped spaces and city parking meters at no cost; and WHEREAS:Individuals have been known to illegally use disability tags issued to persons other than themselves; and NOW, THEREFORE, BE IT RESOLVED THAT: The City of Buffalo's Office of Disability issues a small card with the corresponding number of the hang tag on the front and the disability permit number applicant's name and age on the back of the card, that will be placed with the applicant's personal information, face down on the applicants windshield; and BE IT FURTHER RESOLVED: Individuals shall be required to present this card upon demand by a police officer or any other official so demanding, with the proper authority; and BE IT FINALLY RESOLVED THAT: This requirement of having to display a disability card in conjunction with. the placing of the disability hang tag, will decrease the number of individuals who use another person's disability hang tag to park illegally in a designated handicapped space, or 'co avoid paying a fee while parked at a city meter. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE ADVOCACY OFFICE AND THE COMMISSIONER OF POLICE No. 240 By: Mrs. Grant PRESERVING THE SITE OF DUG'S DIVE ON THE INNER HARBOR PROJECT WHEREAS: William Douglas, an ex-slave from Tennessee operated a business in the middle 1800's known as Dug's Dive; and WHEREAS:This area where Douglas operated his establishment was part of Buffalo First Ward known as "The Union Block" or the "Negro Block" due to the fact that many African-America (Negroes) had businesses there; and WHEREAS:Dug's Dive was known to cater to black sailors and riverboat(s) crews and others looking to engage in gambling, prostitution and other illegal activities; and WHEREAS:Many blacks arriving by ship or boats from various parts of the country made their way to Dug's Dive; and WHEREAS:Many runaway slaves escaped to Canada by way of Buffalo and other New York ports by stowawaying on ships bound for Canada and beyond; NOW, THEREFORE, BE IT RESOLVED THAT: Any remnants pertaining to Dug's Dive be preserved for its historic significance to the City's Waterfront's past. BE IT FURTHER RESOLVED THAT: William Douglas' and Dug's Dive connection to Buffalo African-Americans' past and their very probable connection to the real, and at that time, illegal network known as the Page 78 00-0208.txt Underground Railroad be documented in the Inner Harbor Project. BE IT FINALLY RESOLVED THAT: This honorable Council body approves this resolution proclaiming that Dug's Dive was an integral part of the early history of Buffalo Waterfront and should be included in any redevelopment of the Inner Harbor Project, and that a plaque or sign identifying Dug's Dive as an African-American business be erected on this site. ADOPTED AYES-BONIFACIIO, BROWN, COPPOLA, ELLINGTON, FONTANA, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, PITTS, WILLIAMS-12 NOES-FISHER-1 NO. 241 By: Ms. Gray RESIDENCY Whereas: The issue of residency for City of Buffalo employees is an important one for both the legislative and executive branches of this government; and Whereas: The hiring of City residents should be a priority for all departments within this municipality; and Whereas: A continuous effort by the Division of Labor Relations, the Corporation Counsel, concerned citizens and City employees should assist the City's residency investigators in enforcing the residency requirement for all City employees who are not exempted by State Law; and Whereas: Although the City Charter allows temporary waivers for both exempt and Civil Service hires, it is important that the waivers be monitored and not extended beyond their stated time frame; and Whereas: Mr. Tony A. Farina, a current resident of 224 Brentwood Drive in North Tonawanda, has recently been appointed by the newly elected Comptroller to the position of Executive Assistant to the Comptroller one of the highest paid positions within City government; Whereas: Given the high profile nature of this position, Mr. Farina's request to waive the residency requirement for a 6 month period should be monitored closely; Now, Therefore, Be It Resolved That: This Common Council requests the Division of Labor Relations to track all residency waivers and to file monthly reports indicating the dates the waivers were granted, the time period of each waiver and the current residence for each of the employees to whom waivers have been granted; and Be It Further Resolved That: This Council requests the Corporation Counsel and the Director of Labor Relations to file reports on the enforcement of residency requirements over the last year, along with any suggestions they may have for encouraging input by citizens and City employees regarding employees who are violating the residency requirement. REFERRED TO HTE COMMITTEE ON CIVIL SERVICE, THE CORPORATION COUNSEL AND LABOR RELATIONS NO. 242 By: Mrs. LoTempio BUFFALO POLICE DEPARTMENT OVERTIME AND COURT TIME Whereas:The Common Council's Budget Committee has recently began It's careful consideration of Page 79 00-0208.txt the budget for the corning year, and Whereas:It would be helpful during these upcoming deliberations if this Council was Supplied with updated Information from the Buffalo Police Department regarding overtime and Court time expenditures by the department, Now, Therefore, Be It Resolved That: This Common Council hereby request that Buffalo Police Commissioner Rocco Dinna file with this Council the following information: 1. An updated report/analysis of the current status of overtime and court time expenditures within the Police Department. 2. An updated historical overview of overtime and court time both in terms of dollars and hours. REFERRED TO THE COMMITTEE ON BUDGET AND THE CORPORATION COUNSEL No. 243 BY: Mrs. LoTempio HOME RULE MESSAGE - S.6289; A. 323-A: SALE OF BONDS AND NOTES BY THE CITY OF BUFFALO Whereas: There has been introduced in the New York State Legislature Senate Bill S. 6289 and Assembly Bill A. 323-A, "An act to amend local finance law, in relation to the sale of bonds and notes of the City of Buffalo"; and Whereas: The purpose of this Bill is to extend for one year a funding mechanism used by the city for projects requiring immediate attention; and Whereas:This Act amends Section 54.30 of the Local Finance Law to extend the provisions of this section from June 30, 2000 to June 30, 2001; Now Therefore, Be It Resolved: That the City of Buffalo hereby requests the enactment into law of Senate Bill S.6289 and Assembly Bill A. 323-A, "An Act to amend local finance law, in relation to the sale of bonds and notes of the City of Buffalo"; and Be It Further Resolved: That the City Clerk is hereby authorized and directed to certify passage of this resolution and to send copies thereof to the Home Rule Counsel of the Senate and the Assembly and to the members of the Western New York delegation of the State Legislature. ADOPTED No. 244 BY: Mrs. LoTempio JOINT SCHOOLS CONSTRUCTION BOARD Whereas:The Joint Schools Construction Board was created as an historic collaboration between the City of Buffalo and the Buffalo Public Schools to build a number of new schools over the next three years; and Whereas:The Joint Schools Construction Board is a decision-making body composed of representatives of the City of Buffalo, the Board of Education and the New York State Regents; and Whereas:The Joint Schools Construction Board has several major objectives; such as; to collaboratively plan and deliver the best new school facilities in the swiftest, most economical, and most efficient manner; and Whereas:Another objective of the Joint Schools Construction Board is to align the development of new schools with community investment, building communities Page 80 00-0208.txt around schools, and building schools within communities, through interaction with the revision of the City's Master Plan; and Whereas:The Buffalo Public Schools and the City of Buffalo will work to explore possibilities for improvements and innovations to the current system of new school construction management, achieve the greatest reimbursement rate, realize economies of scale and streamline the completion of facilities; and Whereas:The primary purpose of the new facilities built by the Joint Schools Construction Board will be education, but will also serve multiple purposes, such as education and community services; and Whereas: The Buffalo Public Schools and the City of Buffalo will simultaneously cooperate and share resources of each municipal corporation to the fullest extent possible to expedite the construction of new facilities; and Whereas:The Joint Schools Construction Board has contacted the State Education Department to assist Buffalo in preparing a comprehensive school renovation plan at little or no cost to the citizens and taxpayers of the City of Buffalo, and Whereas:The State Education Department has offered to assist the City of Buffalo in creating a Marshall Plan for existing schools, and Whereas:The State Education Department has agreed to bring a team to Buffalo to review all building plans and assign a rated capacity for each building and to tell the reimbursement rate for rehabilitation; and Whereas:The State Department of Education is offering to help the City of Buffalo and the Buffalo Public Schools work through a process to maximize aid on rehab and lock in the 93.7% reimbursement rate for five years; and Now Therefore Be It Resolved: That representatives of the Joint Schools Construction Board appear before the City of Buffalo Common Council to indicate what progress has been made in accomplishing the original goals set at the creation of the Joint Schools Construction Board; and Be It Further Resolved: That representatives of the Joint Schools Construction Board report on state construction money for the development of new city schools and the rehab of current facilities. REFERRED 'TO THE COMMITTEE ON EDUCATION AND THE MAYORS SCHOOL CONSTRUCTION BOARD No. 245 By: Mrs. LoTempio, Mr. Bonifacio, and Mr. Brown CONCERNS WITH FILLING BLUE CROSS AND BLUE SHIELD PRESCRIPTIONS Whereas:With in the past year, Blue Cross and Blue Shield announced that the pharmacies located with in Rite Aid stores would be the primary location for filling Blue Cross and Blue Shield's members prescriptions; and Whereas:Recently, seven Rite Aid Pharmacies announced a reduction in their hours of operation by eliminating their evening hours and making the pharmacies inaccessible to many customers. The pharmacies effected by this change are the three located on the West Side, the three on the East Side, and the one located on Jefferson Avenue, and Whereas: The Council has received many complaints from constituents regarding this change, and its effect on their quality of service at these locations, and Page 81 00-0208.txt Whereas:In addition to the concerns of inaccessibility, customers have complained about the high number of errors which seem to be due to the large number of prescriptions the pharmacies are receiving since requiring most members to fill their prescriptions at the Rite Aid Pharmacies; Now. Therefore, Be It Resolved: That the Common Council of the City of Buffalo requests that representatives from both Rite Aid Pharmacies and Blue Cross and Blue Shield appear before the Common Council's Committee on Legislation on Tuesday, February 15, 2000, at 2:00pm, in Council Chambers, to discuss the above concerns. REFERRED TO THE COMMITTEE ON LEGISLATION RITE AIDE, AND BLUE CROSS AND BLUE SHIELD No. 246 By: Mrs. LoTempio and Mr. Fontana COMMERCIAL WASTE PICKUPS Whereas:This Council has consistently advocated restructuring the Solid Waste Enterprise Fund (SWEF) in an effort to cut the solid waste user fee for city residents; and Whereas:Commercial accounts are a significant part of the SWEF's activities and it is important that they be handled in a professional manner; and Whereas:In other jurisdictions there have been problems with businesses getting free service at the discretion of town or municipal employees; and Whereas:Questions have been raised as to the number of current commercial accounts and how they are monitored; and Whereas:It is important that the Common Council has good commercial account data upon which to base any policy proposals it may develop; Now, Therefore, Be It Resolved That: This Common Council requests that the Commissioner of Street Sanitation file the following information relative to the Solid Waste Enterprise Fund with this Council by 2:00 PM on Thursday, February 17, 2000: A current list of businesses that have submitted copies of contracts with private firms, allowing them to avoid the city's user fee; A list of businesses that have been billed for the user fee, but have not paid, or are more than 6 months behind in their payments; A list of businesses that have purchased or leased totes or dumpsters from the City of Buffalo; REFERRED TO THE COMMITTEE ON BUDGET AND THE COMMISSIONER OF STREETS NO. 247 By: Mrs. LoTempio, Mr. Coppola, and Ms. Gray IMPROVE BUFFALO'S RECYCLING PROGRAM Whereas:Recycling is a crucial city program that is good for the environment as well as the city's fiscal condition; and Whereas:Recycling helps the environment by reducing the pollution inherent in the disposal of waste while cutting the environmental costs of producing goods from virgin materials; and Whereas:Under Buffalo's current contract, recycled materials can bring in revenues while avoiding the costs of landfilling and transporting the waste to the landfill, Page 82 00-0208.txt and Whereas:This contract was transferred in recent years from CID, Inc to Browning Ferris, Inc (BFI) when CID went out of business; and Whereas:The Street Sanitation Department has given inconsistent effort to implementing recycling in Buffalo, particularly regarding education, and the recycling program hasn't come close to reaching its potential; and Whereas:Proposals to boost recycling through education and incentive programs such as "Pay As You Throw" need to be pursued aggressively, both for the environmental and financial benefits they could bring to the City of Buffalo. Now, Therefore, Be It Resolved That: This Common Council requests the Commissioner of Street Sanitation to file a report detailing the following: Monthly recycling rates for 1999 listing the tonnage and the percentage of the total waste stream for the categories of paper, containers (plastic and glass,etc.), composting, total recyclables and total waste stream A comparison of Buffalo's recycling rate with the state average as determined by the NYSDEC; A narrative on the transfer of the contract to BFI, including current prices BFI is paying for recyclables, and the principal terms of the contract Department plans for improving the recycling program; The status of current or potential NY State grants for recycling education; A proposed budget for recycling education; The department's current approach toward implementing a Pay As You Throw system to increase recycling and cut down the waste stream; A report on the current status of the Solid Waste Advisory Board. REFERRED TO THE COMMITTEE ON BUDGET AND THE COMMISSIONER OF STREETS NO. 248 By: Ms. Martino INSTALL TEMPORARY STOP SIGN AT INTERSECTION OF CUMBERLAND AND MELROSE STREETS Whereas:The Stevenson Street bridge that crosses the Buffalo River is currently in the process of being replaced. Detour signs have been placed throughout the area directing traffic onto alternative routes; and Whereas:Cumberland Avenue, a residential street that runs from Southside Parkway to Cazenovia Street, has been burdened with much of the overflow traffic since the bridge replacement started, and Whereas:The area is also home to many young families with children, along with two elementary schools in the vicinity, adding additional foot traffic; and Whereas:In order to provide safety to the residents. pedestrians, and drivers using Cumberland Avenue as a detour while the Stevenson Street bridge construction proceeds, a temporary stop sign should be installed on Cumberland Avenue, at the corner of Melrose Street, Now, Therefore, Be It Resolved: That the Common Council authorizes the Department of Public Works to immediately install stop signs on Cumberland Avenue at the corner of Melrose Street for the duration of the construction period of the bridges crossing the Buffalo River. Page 83 00-0208.txt REFERRED TO THE COMMITTEE ON LEGISLAITON AND THE COMMISSIONER OF PUBLIC WORKS NO. 249 By: Ms. Martino, Mr. Fontana, Mr. Golombek, Mr. Brown, Mr. Bonifacio. Mr. Coppola, Ms. Grant, Ms. Miller- Williams, Ms. Ellington, Mr. Pitts, and Ms. Gray CARBON MONOXIDE DETECTORS Whereas:On Wednesday, February 2. over 80 school children and four adults fell victim to carbon monoxide poisoning while on a school field trip to a local bowling alley. The illnesses were apparently the result of a faulty heating system at the facility:, and Whereas:A public health issue of increasing concern, carbon monoxide poisoning can occur when improperly operating furnaces and heating devices release high levels of this potentially lethal gas; and Whereas:It is difficult to detect a carbon monoxide leak without a detector of some type. And the initial symptoms of low levels of carbon monoxide poisoning are frequently confused with the flu or other illnesses; and Whereas:With many older homes and businesses in the area, the threat of carbon monoxide poisoning increases significantly; and Whereas:Once carbon monoxide enters a home or building, those inside can become weak experiencing headaches, nausea, vomiting, or a loss of consciousness. and Whereas:An ordinance requiring carbon monoxide detectors in homes and businesses combined with a concerted effort by the City to provide these devices at little or no cost to residents, can help the community better deal with this problem. Now, Therefore, Be it Resolved: That the Commissioner of Community Development include funds in the upcoming block grant application for a program that would distribute carbon monoxide detectors at little or no cost to City residents; and Be It Further Resolved: That the City of Buffalo Law Department draft legislation making carbon monoxide detectors mandatory in all City of Buffalo homes and businesses. REFERRED TO THE COMMITTEE ON LEGISLATION THE COMMISSIONER OF, COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF FIRE AND THE CORPORATION COUNSEL NO. 250 By: Mr. Pitts APPOINTMENT TO PEST MANAGEMENT BOARD Whereas: The Buffalo Pest Management Board (PMB), which was set up by the City to reduce the unnecessary use of toxic pesticides, is losing a member who was appointed by the Common Council; and Whereas: Christopher Walbrecht, former WNY Director of the Citizens Can-1paign for the Environment, is now serving that organization downstate, and Whereas: Mr. Walbrecht, with the backing of his organization, played a strong role on the Pest Management Board, and his contributions will be missed; and Whereas: William Stoner, a graduate of Canisius College in Political Science with a focus on Environmental Policy. Page 84 00-0208.txt has taken Mr. Walbrecht's place as WNY Director of the Citizens Campaign for the Environment; and Whereas: Mr. Stoner was active in the campaign to pass the Pesticide Food Safety Act. has organized to get more organic produce in supermarkets and has expressed a willingness to serve on the Pest Management Board; and Whereas: The appointment of Mr. Stoner would help maintain the Board's strong links to local environmental organizations; Now, Therefore, Be It Resolved That: This Common Council expresses its sincere thanks to Christopher Walbrecht for his many years of dedicated service on the Pest Management Board, which has effected some groundbreaking accomplishments during his tenure; and Be It Further Resolved That: This Council appoints William Stoner of the Citizens Campaign for the Environment, 89 Highgate Avenue, Buffalo, NY 14214 to a two-year term on the Buffalo Pest Management Board to replace Christopher Walbrecht. ADOPTED NO. 251 By: Mr. Pitts LEGISLATIVE HEARING ON HICKORY WOODS Whereas:Since the 1980's, the Buffalo Urban Renewal Agency has engaged in a residential infilling program in the Hickory Woods neighborhood, and eighteen (18) of the homes that have been built are located on former Republic Steel/LTV property; and Whereas:It has turned out that at least some of the soils in this neighborhood are contaminated with high levels of Polynuclear Aromatic Hydrocarbons (PAH's), compounds that are believed to be carcinogenic; and Whereas:Residents of this neighborhood have been warned by the Department of Health to use caution when digging in their yards pending further investigation, and some residents are very concerned about possible health effects from the PAH contamination, as well as long term exposure from pollutants in the area; and Whereas:Housing values in this neighborhood are low to non-existent as a result of the contamination problems, and many residents are anxious to leave this area; and Whereas:The US Environmental Protection Agency (EPA) and the NYS Department of Health (DOH) have taken an active role in examining this site, but have not yet begun addressing the remediation or relocation issues; and Whereas:It is important that a focus is maintained on the Hickory Woods contamination issue and that there are adequate forums for communication between the residents, elected officials and agency personnel; and Whereas:Inasmuch as the State Health Department is charged with the crucial task of examining the health issues in a way that answers resident's questions, it would be appropriate to hold a Legislative Hearing to give Legislators and the public further insights and input into the Department's plans; and Whereas:In addition, it is important to begin examining the issue of voluntary resettlement for those residents who wish to leave Hickory Woods; Now, Therefore, Be It Resolved That: Page 85 00-0208.txt This Common Council requests the New York State Legislature to hold a Legislative Hearing in the near future in the New York State Office Building at 65 Court Street regarding the Hickory Woods Contamination Issue; and Be It Further Resolved That: This Council requests the City Office for the Environment to file a report detailing the current design of the projects that are being undertaken by USEPA and NYSDOH at Hickory Woods, and further requests that copies of the final designs be filed as soon as they become available; and Be It Further Resolved That: This Council requests the Corporation Counsel to begin researching the legal issues involved with resettlement of Hickory Woods residents; and Be It Finally Resolved That: The City Clerk be directed to send certified copies of this resolution to the WNY State Legislative Delegation, to Richard Ammerman, President of the Hickory Woods Homeowner's Association, 289 Abby Street, Buffalo, NY, 14220, to Judy Robinson of the Citizens Environmental Coalition, 425 Elmwood Avenue, Buffalo, NY, 14202, to Richard Salkie, P.E., Chief, Removal Action Branch, USEPA, 2890 Woodbridge Avenue, Edison, NJ, 08837, and to Salvatore W. Page, Associate Commissioner, NYSDOH, Western Regional Office, 584 Delaware Avenue, Buffalo, NY, 14202-1295. ADOPTED NO. 252 By: Mr. Pitts OPTION TO PURCHASE ASBURY DELAWARE CHURCH Whereas: Righteous Babe Records has approached the City of Buffalo about purchasing the Asbury Delaware Church located at the corner of Delaware Avenue and West Tupper; and Whereas: Righteous Babe has offered the City a non-refundable deposit of $5,000 for an exclusive six month option to purchase the property at a price of $175,000; and Whereas: During this six month period, Righteous Babe will study the property and determine what type of repairs and renovations are necessary for the building; and Whereas:The option to purchase shall also include the parking lot adjacent to the Church; and Whereas:The Buffalo Urban Renewal Agency, the owner of the parking lot, is willing to be designated as the agent and redeveloper for the project in order to promote the restoration of this property; and Whereas: The Departments of Community Development and Law and the Division of Real Estate concur with this action; Now Therefore Be It Resolved: That the City of Buffalo does hereby accept the $5,000 non-refundable option to purchase the Asbury Delaware Church; and Be It Further Resolved: That the Common Council does hereby designate the Buffalo Urban Renewal Agency to be the designated redeveloper for the Asbury Delaware Church. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL NO. 253 Page 86 00-0208.txt By: Mr. Pitts SALARY ORDINANCE AMENDMENT 01- COMMON COUNCIL 1001-COMMON COUNCIL PRESIDENT The Common Council of the City of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinance of the City of Buffalo, relating to 01-Common Council, 1001- Common Council President which reads: 1 Executive Secretary to the Council President $34,264 Is hereby Amended to read: 1 Legislative Aide $27,961 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, JAMES W. PITTS, PRESIDENT OF THE COMMON COUNCIL and JAMES MILROY , 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. JAMES PITTS PRESIDENT OF THE COMMON COUNCIL JAMES MILROY PH.D DIRECTOR OF BUDGET APPROVED AS TO FORM Michael Risman Corporation Counsel 01/25/2000 ATTACHMENT PASSED AYES-13, NOES-0 NO. 254 By: Mr. Pitts TELECOMMUNICATIONS LICENSE AGREEMENT WITH LEDCOR COMMUNICATIONS, INC. Whereas: Ledcor Communications, Inc. ("Ledcor") is engaged in the business of constructing, installing, maintaining and operating fiber optic telecommunications systems; and Whereas:Ledcor desires to commence construction, installation, and maintenance of their telecommunications system with a proposed route through the City utilizing the Public Right-of-Way; and Whereas: The City desires to allow Ledcor to begin construction, installation and maintenance of such Telecommunications System within the Public Right-of Way subject to an agreement between the City and Ledcor; and Whereas: The parties have negotiated an agreement with a rive year term and two five year renewals at a compensation rate of $4.00 per linear foot; and Whereas: This arrangement is mutually agreeable to both parties and promotes the best interests of the City to advance telecommunications within the City; and Whereas: The Office of Telecommunications and the Law Department have approved the agreement; Now Therefore Be It Resolved: That the Common Council does hereby approve the telecommunications license agreement between the City of Buffalo and Ledcor Communications, Inc.; and Be It Further Resolved: That the Mayor be and he hereby is authorized to execute Page 87 00-0208.txt the agreement. PASSED AYES-13, NOES-0 NO. 255 By: Mr. Pitts and Mrs. LoTempio CITY OF BUFFALO LOCAL LAW NO. _ (2000) INTRODUCTORY NO. 1 (2000) A LOCAL LAWamending section four hundred sixty-six of article twenty-five of the charter of the city of Buffalo, in relation to police and fire pensions. BUFFALO AS FOLLOWS: BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF Section 1. That subsections one through nine of section four hundred sixty-six of article twenty-five of the charter of the city of Buffalo, adopted pursuant to law, be amended to read as follows: Sec. 466. Amount of Pension. Pensions shall be paid in equal monthly installments as follows: (1)To a member retired pursuant to subdivision one of section four hundred sixty-three or subdivision one of section four hundred sixty-four, a sum equal to one-half of such member's salary or compensation received at the time of his retirement, but not less than one thousand [thirty-five] eighty-five dollars per month. (2)To a member retired after this local law takes effect solely by reason of twenty-five years of service, a sum equal to one-half of such member's salary or compensation received at the time of his retirement but not less than one thousand [thirty-five] eighty-five dollars per month. (3) To a member retired pursuant to subdivision four of section four hundred sixty-four, a sum equal to one-half of such member's salary or compensation received at the time of his retirement but not less than one thousand [thirty-five] eighty-five dollars per month. (4) To a member retired pursuant to subdivision five of section four hundred sixty-four, a pension shall be granted upon the conditions and at the rate applicable to said member on the day preceding his receipt of said notice of discharge or demotion but not less than one thousand [thirty-five] eighty-five dollars per month. (5) To a member retired by reason of having reached the age of seventy years, a sum equal to one-half of such member's salary or compensation received at the time of his retirement but not less than one thousand [thirty-five] eighty-five dollars per month. (6) To any member retired on account of injury, disease or disability and who has completed ten or more years of service, a sum equal to one-half of such member's salary or compensation received at the time of his retirement but not less than one thousand [thirty-five] eighty-five dollars per month. (7) To the widow of any member heretofore or hereafter killed in the discharge of his duty in said department, a sum in monthly installments equal to his salary or compensation for one year at the rate paid him at the time of his death and after the first year the sum of eight hundred and [ten] sixty dollars per month. (8) To the widow of any member who dies or has Page 88 00-0208.txt heretofore died as a result of injury received in the discharge of his duty in said department, a sum in monthly installments equal to his salary or compensation for one year at the rate paid him at the time of his death and thereafter the sum of eight hundred and [ten]sixty dollars per month until her death or remarriage. (9) To the widow of a member who dies or has heretofore died while in service or after retirement, a sum of seven hundred eight hundred and [ten]sixty dollars per month during her lifetime or until her remarriage. (10) To each child of a deceased member and to any incompetent son or daughter over the age of eighteen years, the sum of ten dollars per month in a case where the deceased left a widow surviving; in the event that such a surviving widow shall predecease an incompetent son or daughter said son or daughter shall be entitled to an amount equal to the said widow's pension in addition to said pension of ten dollars per month, or in the event that such widow shall die without receiving a pension or shall remarry, then an amount equal to the widow's pension shall be paid to such child and to any incompetent son or daughter over the age of eighteen years in addition to said pension of ten dollars per month; if there be more than one child and more than one incompetent son and daughter over the age of eighteen years, then said additional amount shall be equally divided among such children and incompetent children over the age of eighteen years. (14) In addition to any payments provided in subdivisions one, two, three, four, five and six of this section, there shall be paid to a member an annual pension total of the pension amount as prescribed on June thirty [nineteen hundred ninety-nine] two thousand, plus an additional amount of twenty-five dollars per month. Section 2. This local law shall take effect July 1, 2000. APPROVED AS TO FORM Michael B. Risman Corporation Counsel Laid on the Table No. 256 SALARY ORDINANCE AMENDMENT 21 - DEPARTMENT OF FIRE 1131 - DIVISION OF ADMINISTRATIVE SERVICES 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 21 - Department of Fire, 1131 - Division of Administrative Services which reads: 2Account Clerk Typist$ 24,277- $ 27,048 Is hereby amended to read: 2Account Clerk Typist$ 24,277- $ 27,048 1Account Clerk Typist (J. Parisi, Only) $ 24,277- $ 27,048 The position of "Only" is to be in effect only during the scheduled leave of absence of the current incumbent. We, CORNELIUS J. KEANE, COMMISSIONER OF FIRE and JAMES B. MILROY, 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 s position be fixed at the respective amount set forth in the foregoing ordinance. CIRNELIUS KEANE COMMISSIONER OF FIRE Page 89 00-0208.txt JAMES B. MILROY PH.D DIRECTOR OF BUDGET APPROVED AS TO FORM Sr Deputy Corporation Counsel 01/18/2000 ATTACHMENT REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 257 BY: MS MILLER-WILLIAMS SALARY ORDINANCE AMENDMENT 31 - DEPARTMENT OF PUBLIC WORKS 1212 - CONSTUCTION OF STREETS 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 31 -Department of Public Works - 1212 Construction of Streets which reads: 1 Associate Engineer $47,699 - 56,441 2Assistant Engineer $35,309 - 41,020 Is hereby amended to read: 3 Assistant Engineer $ 35,309 - $ 41,020 IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, JOSEPH N. GIAMBRA, COMMISSIONER OF PUBLIC WORKS and JAMES B. MILROY Ph.D., DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. JOSEPH N. GIAMBRA COMMISSIONER OF PUBLIC WORKS JAMES MILROY PH.D Director of Budget APPROVED AS TO FORM Sr. Deputy Corporation Counsel ATTACHMENT 11/16/99 PASSED AYES-13, NOES-0 NO. 258 BY: MS MILLER-WILLIAMS SALARY ORDINANCE AMENDMENT 04 - DEPARTMENT OF AUDIT & CONTROL 1071 DATA PROCESSING 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 04 - Department of Audit and Control - 1071 Data Processing, which reads: 4 Senior Data Processing Equipment Operator $ 28,159 - $ 32,402 1 Data Processing Equipment Operator $ 26,587 - $ 29,831 Is hereby amended to read: 3 Senior Data Processing Equipment Operator $ 28,159 - $ 32,402 Page 90 00-0208.txt 2 Data Processing Equipment Operator $26,587 - $ 29,831 1 Sr. Data Processing Equipment Operator (M. Bartolotta, Only) $28,159-$32,402 We, ANTHONY R. NANULA, COMPTROLLER and JAMES B. MILROY, DIRECTOR BUDGET, hereby certify that the above change is necessary for the proper conduct, administration a performance of essential services of that department. We recommend that the compensation for s position be fixed at the respective amount set forth in the foregoing ordinance. ANTHONY R. NANULA COMPTROLLER JAMES B. MILROY PH.D DIRECTOR OF BUDGET APPROVED AS TO FORM David State Sr. Deputy Corporation Counsel 01/18/99 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 259 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, which reads: 5 Legal Stenographer $ 26,964 - $ 31,323 1Legal Secretary $ 26,964 - $ 31,323 Is hereby amended to read: 4 Legal Stenographer $ 26,964 - $ 31,323 2Legal Secretary $ 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, DIRECTO 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 B. RISMAN CORPORATION COUNSEL JAMES MILROY PH.D DIRECTOR OF BUDGET APPROVED AS TO FORM Michael Risman Corporation Counsel 02/02/00 ATTACHMENT PASSED AYES-13, NOES-0 NO. 260 By: Councilmember Barbara Miller-Williams COMMUNITY GARDEN AT 20 ORTON PLACE. Whereas:The Grassroots Gardens Program was formed to provide support to urban residents interested in gardening and neighborhood beatification; and Whereas:The Program seeks to take Page 91 00-0208.txt vacant City-owned lots and transform them into blooming areas of flowers and vegetation. This Program encourages community residents to care for and nurture small tracts of land that might otherwise be spots for illegal dumping and blighted conditions; and Whereas: Vacant city-owned property at 20 Orton Place is currently being considered for use as a Community Garden by the members of the Kleinhans Community Association; and Whereas: The Kleinhans Community Association representatives are prepared to take out their own insurance to use this city-owned lot for beautification purposes and adhere to all City Ordinance requirements to implement the Garden Project. Now, Therefore, Be It Resolved: That this Honorable Body request the Division of Real Estate to authorize the use of 20 Orton Place for use as a Community Garden by the Kleinhans Community Association provided there is proof of insurance and any other requirements prescribed by the Law Department. PASSED AYES-13, NOES-0 NO. 261 By: Mrs. Miller-Williams FULLY FUNDING THE LIGHTED SCHOOLHOUSE PROGRAM Whereas: On January 11, 2000, this Council adopted resolution #I 11, "Indemnification of the board of Education and Acceptance of Funds for the Lighted Schoolhouse Program". thereby accepting $295,299 from BURA for the Division of Youth to conduct the 1999-2000 Lighted Schoolhouse Program, and Whereas: Despite this Council action, only $212,000 is currently being made available to operate the program this year, and Whereas: A reduction in funding will be devastating to the Lighted Schoolhouse Program in the Ellicott District, which could lose existing programs at Herman Badillo School, the Waterfront School, and the Refuge Temple Family Life Center; and Whereas:In addition, the Ellicott District has already seen the transfer of the M.L.K., Jr. Multicultural Institute Program to the Refuge Temple Family Life Center as a cost saving measure in the previous year; and Whereas: The proposed funding cut would leave the Ellicott District with only one functioning Lighted Schoolhouse Program - at the Futures Academy, and would make it impossible to fund a Program at School 31, which is sorely needed; and Now, Therefore, Be It Resolved That: This Common Council opposes the reductions that have been proposed for the City-Wide Lighted Schoolhouse Program; and Be It Further Resolved That: This Council requests Community Development Commissioner Joseph Ryan to attend the next meeting of the Community Development Committee on Wednesday, February 16, 2000 at 10:00 AM to explain the proposed changes in the Lighted Schoolhouse Program. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT Page 92 00-0208.txt NO. 262 By: Barbara Miller-Williams MORATORIUM ON BANNERS ON NIAGARA SQUARE Whereas: Niagara Square was designed by Joseph Ellicott in 1804 as a public square that marks the intersection of several major City streets, and Whereas:Niagara Square is the site since 1908, of the William McKinley Memorial obelisk; and Whereas: Prior improvements to Niagara Square have created a more beautiful setting for the public to enjoy; and Whereas:Street light banners have been installed in recognition of Greater Buffalo as an "All-America City and Community"; and Whereas:For-profit and not-for-profit organizations have requested to install banners or temporary signs in or over Niagara Square, without any assurance that the banners will be aesthetically compatible with the Square"s "new look"; and Whereas:The special events ordinance, Chapter 414 of the code of the City of Buffalo, requires that sponsors who request banners be responsible for the installation and removal of their banners; and Whereas: The City previously found its departments assisting the sponsoring organization by installing these banners in or over Niagara Square and elsewhere in the City at the City's own expense, and Whereas:Current Legislation, Sections 387.5, 3 )87.6, 387.15, 387.3 )2, and 414.1 (f) of the Code of the City of Buffalo gives this Honorable Body authority to approve the erection of banners across City streets according to the regulations set forth by the Department of Public Works and (for special events) the conditions set forth by the Special Events Advisory Committee; and Now Therefore Be it Resolved That: Effective as of the date of adoption of this Resolution, and until January 1st, 2001. a Moratorium be placed on the installation of banners in or extending over Niagara Square, pending the establishment of better criteria for the erection of such banners. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE COMMISSIONER OF PUBLIC WORKS, AND THE SPECIAL EVENTS COMMITTEE No. 263 By: Ms. Miller Williams VINTAGE TROLLEY Whereas:Tourism offers, perhaps more than any other industry, a potential for economic development, new jobs, improvement in property values, and many other economic benefits for the City of Buffalo; and Whereas:Buffalo already has numerous tourist attractions in sports, entertainment, art, culture. history, and architecture in widely separated venues but without a connecting link between them; and Whereas:Over 16 American cities have been very successful in connecting their tourist attractions with a Vintage Trolley - an authentic, historic trolley operating on a regular schedule on city street car tracks, and Whereas:The Citizens Rapid Transit Committee Page 93 00-0208.txt has thoroughly researched this concept and has developed a viable plan for Vintage Trolley (and connecting Vintage Bus) service linking the Cobblestone District, the Inner Harbor District, the Naval and Service Park, Dunn Tire Park, the Convention Center, the Hotels, the West Chippewa Entertainment District, the Theater District, Allentown, the Elmwood Strip, the Albright Knox Art Gallery, and the Historical Museum, and Whereas:The Vintage Trolley would share a track loop through the Cobblestone District (via South Park, Mississippi, and Perry Streets) with Metro Rail trains, and Whereas:Plans and cost estimates for such a loop already exists at the NFTA where necessary trackage is in storage; and Whereas: The NFTA would own the tracks and catenary system, the Vintage Trolley could be operated by a private or quasi-public corporation if the NFTA declines to do so: and Whereas: Metro Rail and Vintage Trolley service around this loop would provide improved transit service to the Arena, the adjacent parking facilities, the Cobblestone District, and the Inner Harbor; and Whereas: Future expansion of the Vintage Trolley service should include Michigan Avenue (Harriet Tubman Way) which has already been designated part of Buffalo's historic Underground Railroad network; Now, Therefore, Be It Resolved That: This Common Council supports the Vintage Trolley/Vintage Bus proposal and the construction of a Cobblestone District loop for said trolley and all Metro Rail trains and therefore urges the NFTA to take immediate steps to 1) Seek State and/or Federal funding to build the track loop and overhead catenary system, and 2) Begin design and construction work as soon as possible; and Be It Further Resolved That: This Council directs the City Clerk to send certified copies of this resolution to the Niagara Frontier Transportation Authority and to the Empire State Development Corporation. ADOPTED NO. 264 BY: BARBARA A. WILLIAMS APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2000 , conditional upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: FRANK W. SIMS BRANDYE M. MERRIWEATHER CYNTHIA B. RODRIGUEZ DENISE M. SCHNEIDER ADOPTED. NO. 265 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 term ending December 31, 1994 conditional upon the persons so appointed certifying under oath to their qualifications and filing saw with the City Page 94 00-0208.txt TAMICA N. OAKS DONALD E. MOSES ADOPTED UNFINISHED BUSINESS NO. 266 BOND RESOLUTION-$100,000-DELAVAN ARMORY DEMOLITION (#200-C.C.P., JAN. 25, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Fontana CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Fontana ADOPTED. NO. 267. BOND RESOLUTION-$130,000-RECONST. VAR. COMM. CTRS. (#201-C.C.P., JAN. 25, 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. Brown ADOPTED. NO. 268 BOND RESOLUTION- $140,000-INSTALLATION-FIRE ALARMS-VAR. LIBRARIES (#202-C.C.P., JAN. 25, 2000) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Fontana CARRIED Mrs. LoTempio now made a motion to approve said item. Seconded by Mr. Brown ADOPTED. NO. 269 BOND RESOLUTION-$ 1,000,000-BROADWAY MKT. RECONST. (#203-C.C.P., JAN. 25, 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. No. 270 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13th Floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Claims Tuesday, Feb. 15, 2000 at 9:00 o'clock A.M. Civil Service Tuesday, Feb 15, 2000 at 9:30 o'clock A.M. Finance Tuesday, Feb 15, 2000 following Civil Service Legislation Tuesday, Feb 15, 2000 at 2:00 o'clock P.M. Comm. Dev Wednesday, Feb 16, 2000 at 10:00 o'clock A.M. Education Wednesday, Feb 16, 2000 at 2:00 o'clock Page 95 00-0208.txt P.M. Ancillary Meetings MBEC-Monday, Feb. 14,2000 at 10:00 o'clock A.M. 1417 City Hall NO. 271 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 5:40 pm CHARLES L. MICHAUX, III CITY CLERK NO. 272 BOARD OF POLICE AND FIRE PENSION PROCEEDINGS#1 Council President's Office - 1315 City Hall January 27, 2000 Present: James W. Pitts, Council President; Anthony M. Masiello, Mayor; Anthony Nanula, Comptroller-2 Absent: Anthony M. Masiello, Mayor-I The Journal of the last meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of January 2000 amounting to $20,049.69, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. No. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of January 2000 amounting to $22,637.00, and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-2. Noes-0. No. 3 On motion by Mr. Pitts, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m. Page 96