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HomeMy WebLinkAbout00-0111 00-0111.txt No. 1 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO JANUARY 11, 2000 MAYOR Hon. Anthony M. Masiello COMPTROLLER Anthony Nanula COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts MAJORITY LEADER Rosemarie Lo Tempio COUNCILMEMBERS-AT-LARGE Beverly Gray Charley Fisher Rosemarie LoTempio DISTRICT COUNCIL MEMBERS ALFRED T. COPPOLA - DELAWARE BARBARA MILLER-WILLIAMS - ELLICOTT KAREN ELLINGTON - FILLMORE RICHARD A. FONTANA - LOVEJOY BYRON BROWN - MASTEN NICK BONIFACIO - NIAGARA JOSEPH GOLOMBEK - NORTH MARY MARTINO - SOUTH BETTY J. GRANT - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Barbara Miller- Williams, Chair, Charley Fisher, Karen Ellington, Betty Jean Grant, Mary Martino, Members CLAIMS COMMITTEE: Betty J. Grant Chair, Barbara Miller-Williams, Alfred T. Coppola, Mary Martino, Richard Fontana, Members COMMUNITY DEVELOPMENT COMMITTEE: Beverly Gray, Chair, Joseph Golombek, Betty Jean Grant, Charley Fisher, Karen Ellington, Domonic Bonifacio, Byron Brown, Members FINANCE COMMITTEE: Byron Brown chair, Chairman, Mary Martino, Barbara Miller-Wiliams, Alfred T. Coppola, Karen Ellington, Charley Fisher, Members. Page 1 00-0111.txt LEGISLATION COMMITTEE: Alfred T. Coppola, Chair, Rosemarie LoTempio, Byron Brown, Beverly Gray, Domonic Bonifacio, Joseph Golombek, Members. RULES COMMITTEE: James W. Pitts, Chair, Rosemarie LoTempio , Alfred T. Coppola, Members EDUCATION COMMITTEE: Richard Fontana Chair, Beverly Gray, Kevin J. Helfer, Barbara Miller-Williams, Dale Zuchlewski Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chair, Betty J. Grant, Richard A. Fontana, Beverly Gray, Kevin J. Helfer, Barbara Miller-Williams, Members BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, James Pitts, Byron Brown , Alfred T. Coppola, David Franczyk, Richard Fontana, Mary Martino, Members ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana, Beverly Gray, Domonic Bonifacio. Charley Fisher, Joseph Golombek, Members POLICE REORGANIZATION COMMITTEE: Charley Fisher-Chair, Karen Ellington, Barbara Miller-Williams Mary Martino, Domonic Bonifacio, Members AUD/STAD. TASK FORCE: James Pitts-Chair, Rosemarie LoTempio, Richard Fontana, Alfred T. Coppola, Beverly Gray, Members MINORTIY BUSINESS ENTERPRISE: Charley Fisher- Chair, Beverly Grant, Joseph Golombek, Member CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JANUARY 11, 2000 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and Council Members : Bonafacio. 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 December 28, 1999 were approved. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT Page 2 00-0111.txt FROM THE CITY PLANNING BOARD NO. 1 CHILD & ADOLESCENT SERVICES 1487 MAIN ST. HUMAN SERVICE FACILITY NO. 96, C.C.P. 12/28/99 The City Planning Board at its regular meeting held Tuesday, January 4, 2000, considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code Use permit required for human service facilities. The applicant seeks to convert an existing repair shop located at 945-951 Niagara Street into a human service facility for emotionally disturbed children. Under SEQR the proposed Human Service Facility is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to communicate to the Common Council a finding of no additional concentration of human service facilities within a 1/2 mile radius of the proposed location, since the applicants are vacating the premises at 1437 Main St. RECEIVED AND FILED NO. 2 A. J. BARAN REQ. VARIANCE BREAD OF LIFE CHURCH ITEM NO. 83, C.C.P. 12/28/99 The City Planning Board at its regular meeting hold Tuesday, May 11, 1999 reviewed and approved the original site plan for the Broad of Life Church located at 1638 S. Park Avenue. The Planning Board reviewed the original proposal pursuant to Section 511-136 of the Buffalo Code, Citywide Site Plan review. I am not aware of any difficulty or problems that occurred with the review of the original proposal. It is unfortunate that the builder advised his client to hide the "real plans" and latter apply for a revision. The Planning Division is certainly willing to work with the Bread of Life Church to resolve any future expansions or revisions to the original plans. The Planning Board would need to re-visit any changes or revisions according to the site plan ordinance. With regard to the landscaping issue, the Church should meet with the Planning Division and discuss options. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION NO. 3 ABBY STREET/HICKORY WOODS ENVIRONMENTAL CRISIS; CITY PROPERTY AND ENVIRONMENTAL PROBLEMS ITEM NO. 137, C.C.P. 11/16/99 The attached letter contains recommendations from the Buffalo Environmental Management Commission (EMC) related to the environmental contamination crisis facing the Abby Street/Hickory Woods neighborhood, and the Council resolution on "City Property and Environmental Problems". Recommendations contained in the letter are divided into two categories: action needed to effectively address the current environmental crisis facing the Abby Street/Hickory Page 3 00-0111.txt Woods subdivision; and broad policy recommendations governing future city redevelopment projects. The broad policy recommendations are designed to enable the City to avoid repeating the kinds of mistakes that led to the current Abby Street/ Hickory Woods situation, as it implements future redevelopment efforts. These recommendations are also a more detailed response to the Council resolution on "City Property and Environmental Problems", which was introduced by Councilmember Lotempio last month and referred to the EMC for comment. REFERRED TO THE COMMITTEE OF THE WHOLE FROM THE COMPTROLLER NO. 4 VARIOUS APPTS TO THE COMPTROLLERS OFFICE Pursuant to my powers in the City Charter as City Comptroller, I hereby make the following appointments, effective January 1, 2000: DEPUTY COMPTROLLER Maurice Garner, 64 Meech Avenue, Buffalo, NY, 14208 Maurice most recently served as senior executive assistant to former County Executive Dennis Gorski, a position he held for eight years. In that capacity, he provided detailed and critical analysis of legislative issues and the county budget, and he was also involved in strategic planning efforts. He first joined the Gorski administration in 1988 as an executive assistant after helping to organize and develop Citizen Action of New York. He was one of the highest-ranking African-Americans to serve in county government and with this appointment he will become the highest ranking African American to serve in the Buffalo comptroller's office. He has won numerous awards and citations for volunteerism and community service, and he helped found the Grassroots political organization. He studied computer science at the University of Buffalo and political science at Canisius College. EXECUTIVE ASSISTANT Anthony (Tony) A. Farina, 244 Brentwood Drive, North Tonawanda, NY, 14120 (Has applied for 6-month residency waiver, per comptroller) Tony most recently served as communications director in my State Senate office. Prior to joining my Senate staff, he was the chief speech writer and a communications specialist for former New York State Attorney General Dennis Vacco. Before joining government service, Tony worked for more than 30 years as a newspaper and television reporter in Buffalo, winning numerous honors. InI991, he won a prestigious Radio and Television News Directors Association first-place award for investigative reporting while working at Channel 7, one of four national winners. He is a former assistant city editor at the old Buffalo Courier-Express. Tony was an English major at Niagara Community College and Niagara University and served four years as a U. S. Navy journalist. EXECUTIVE STAFF MANAGER Jeffrey A. Tooke, 2 Union Place, Buffalo, 14213 Jeffrey most recently served as chief of staff in my State Senate office, a position he held for the last two years. In addition to being a supervisor, Jeffrey helped formulate my schedule, was an important advisor on Senate issues and policy, and was closely involved in day-to-day and long-term Page 4 00-0111.txt planning initiatives. He first joined my Senate staff in 1995 as a special assistant, and before that he worked for five years as residential services coordinator for the United Cerebral Palsy Association of Western New York. Jeffrey is a former residence. manager at Benedict House of Western New York and also spent time as a teacher. Jeffrey has a master's degree in education, focused in school counseling, earned at the University of Buffalo and is a member of many local groups and organizations. He is a former board member of the Allentown Association; music minister and chairman of the Campus Ministry/Transition Task Force at the Buffalo State College Newman Center; and co-founder and chairman of the New York State Federation of Gay & Lesbian Democratic Clubs. SECRETARY TO THE COMPTROLLER Janice Burgstahler, 48 Lyman St., Buffalo, NY, 14206 Janice most recently served as a legislative assistant to the Buffalo Common Council in the office of former Councilmember David Franczyk. In that capacity, she worked with community-based organizations on budget requests and programming; scheduled meetings and attended community events; prepared media information and correspondence and supervised staff. Before joining the Council, she worked for four years as site manager at the T. J. Dulski Community Center, and before that served as youth director at the center. She won a mentoring award from the county and was graduated from Erie Community College with an associates degree in hotel technology and business management. CONFIDENTIAL SECRETARY Anita Irene, 200 Summer St., Buffalo, NY, 14222 Anita worked as an all-purpose secretary and aide in my State Senate office beginning with my election in 1994. Her duties ranged from general secretarial duties to payroll and personnel benefit responsibilities to coordinating block club efforts. In addition, Anita helped coordinate crime prevention and block club grants. She formerly worked in City Hall as an aide to former Councilmember Carl Perla. CITY ACCOUNTANT Anne Forti-Sciarrino, 28 Blantyre Road, Buffalo, NY, 14216 Anne presently serves as the principal accountant in the Division of Accounting, a position she has held since 1992. In that capacity, she assisted the city accountant in management and daily operations of the Division of Accounting. She specialized in technical research of complex accounting issues and development of new or revised accounting procedures with emphasis on the computerization of accounting records. From 1988 to 1991, she did serve as city accountant, responsible for the overall management of the division and 24 employees. The division's functions include general accounting and the posting of all ledgers, cash reporting and reconciliation of all bank accounts, investments, capital financing, accounts payable, accounts receivable and payroll tax reporting for the City of Buffalo. She has worked as an assistant corporation tax auditor for the state and earned a master's degree in business administration, focusing on accounting, from Canisius College. INVESTMENT & DEBT MANAGEMENT OFFICER Andrew A. Sanrilippo, 703 Parkside Avenue, Buffalo, 14216 Page 5 00-0111.txt Andrew currently serves as the investment and debt management officer, a position he has held since 1980, responsible for the day-to-day management of the city's cash expenditures and the investment of the idle funds for both the city and the Board of Education. Other duties include administration of the city's General Fund, Capital Projects and Debt Service Funds, the issuance of the short and long term notes and bonds, and cash flow forecasting. The investment of funds for the Buffalo Water Board and Authority, Buffalo Sewer Authority, and Solid Waste Fund, along with supervision of the Accounts Payable division, are all administered through the debt manager's office. Andrew first joined the comptroller's office in 1973 as an assistant to Comptroller George D. O'Connell. He is a long-time member of the New York State Government Finance Officers Association's Banking and Investment Committee, is active in numerous community groups, and has a bachelor's degree from Brockport State College. DIRECTOR OF REAL ESTATE Dennis Dargavel, 1110 Abbot Rd., Buffalo, NY, 14220 Dennis has served as director of real estate since 1997. Dennis has 25 years experience as a real estate broker, and served for more than 10 years on the Board of Assessment Review. In addition, I hereby appoint the following, to be effective January 18, 2000: DIRECTOR OF COLLECTIONS Shannon M. Petrucci, 89 Red Jacket Parkway, Buffalo, NY, 14220 Shannon currently works as a reimbursement specialist at Roswell Park Cancer Institute. In that position, she is responsible for coordinating and facilitating professional billing activities for assigned departments. Other duties include reviewing denials from third party carriers on a monthly basis, research, and follow-up for collection of outstanding accounts receivable. Prior to joining Roswell, she operated her own billing service, SMP Billing, performing medical billing functions, including collection of outstanding accounts receivable from Medicare, insurance carriers and private pay accounts. She also worked as manager of physician billing for The McGuire Group. Shannon is a member of the board of directors, South Buffalo Community Association. She was graduated from Buffalo State College with a B.S. in business administration. Appointment Effective: January 1, 2000 In the Department of: Audit and Control Division of: Comptroller to the Position of: Deputy Comptroller Seasonal - Exempt Appointment, promotion, Non-Competitive - Appointment, Intermediate, at the: Maximum Starting Salary of: $ 69,681 Maurice Garner 64 Meech Avenue Buffalo, NY 14208 Appointment Effective January 1, 2000 In the Department of: Audit and Control Division of Comptroller to the Position of: Executive Assistant to the Comptroller Exempt Appointment at the: Maximum Starting Salary of: $ 62,540 Anthony A. Farina 244 Brentwood, North Tonawanda, NY 14120 Appointment Effective: January 1, 2000 In the Department of Audit and Control, Division of Comptroller to the Position of: Executive Staff Manager Exempt Page 6 00-0111.txt Appointment at the maximum Starting Salary of: $ 54,000 Jeffrey A. Tooke, 2 Union Place Buffalo, NY 14213 Appointment Effective: January 1, 2000 In the Department of Audit and Control Division of: Comptroller to the Position of Confidential Secretary to the Comptroller Exempt appointment at the Maximum Starting Salary of: $ 33,000 Anita Irene 200 Summer Street Buffalo, NY 14222 Appointment Effective: January 1, 2000 In the Department of: Audit and Control Division of: Comptroller to the Position of: Secretary to the Comptroller Exempt at the: Maximum Starting Salary of: $ 31,000 Janice Burgstahler 48 Lyman Street Buffalo, NY 14206 RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL NO. 5 APPOINTMENT TO B.E.R.C. BOARD I am appointing Councilmember Beverly Gray to serve on the B.E.RC. Board of Directors. As the newly appointed Chair of the Common Council's Community Development Committee, her tenure on the Board is of interest. Your consideration is appreciated. ADOPTED NO. 6 APPOINTMENTS TO MINORITY BUSINESS ENTERPRISE COMMITTEE. I am appointing the following Department Heads or their designee to the Minority Business Enterprise Committee, 1) Corporation Council * Michael Risman 2) Commissioner of Public Works - Joseph Giambra 3) Commissioner of General Services Matthew Brown 4) Executive Director of BMHA Sharon West 5) Commissioner of Community Development - Joseph Ryan 6) General Manager, Buffalo Sewer Authority - Anthony Hazzon 7) Superintendent of Public Schools - James Harris 8) Commissioner of Human Services and Parks Daniel Durawa I have sent each person a copy of the Common Council resolution creating the Special Committee. ADOPTED NO. 7 REAPPOINT SPECIAL SNOW REMOVAL TASK FORCE Last year I appointed a Special Task Force on Snow Removal under the Chairmanship of former Council Member Kevin Helfer. As you will recall, this was in response to the humongous snowfall in January, 1999 and the criticisms of the City's plowing efforts. I am re-appointing the Task Force with Mr. Fisher as the Chairman. Also, I am appointing Councilmembers Fontana, Page 7 00-0111.txt Martino, Brown, Grant, Commissioners Paul Sullivan and Joseph Giambra. ADOPTED NO. 8 REAPPOINT KENSINGTON HEIGHTS REDEVELOPMENT TASK FORCE The Kensington Heights Redevelopment Committee reviewed various development proposals last year and selected the H.J. Russell/Ross Wilson & Associates plan. Since that time in conjunction with the Mayor's Office and the Buffalo Municipal Housing Authority agreements were to be developed to convey the property through a developer's designation. This was to happen some time during the fall. To date, no progress has been made. I would like to reappoint the Task Force under the Chairmanship of Council Member Brown and request that he convenes a meeting expeditiously. The Task Force remains the same as before with Council Members Grant and Fisher being added. ADOPTED FROM THE COMMISSIONER OF PUBLIC WORKS NO. 9 NOTIFICATION SERIAL #9167 NO STANDING - REPEAL ON SENECA STREET - SOUTH SIDE FROM MICHIGAN AVENUE TO A POINT 175' EAST THEREFROM NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY Seneca Street, south side At all times from Michigan Avenue to a point 175' east therefrom This action is being taken in order to prohibit parking on the south side of Seneca Street between Michigan Avenue and North Carroll Place and on the north side of Seneca Street between Butler Place and Elmira Place per request from Police Commissioner Rocco Dinna. It is needed to facilitate the safe crossing of ECC students. (see next 2 serials) NOTIFICATION SERIAL #9168 INSTALL NO STANDING ON SENECA STREET - SOUTH SIDE BETWEEN MICHIGAN AVENUE AND NORTH CARROLL PLACE NO STANDING - INSTALL Page 8 00-0111.txt In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Seneca Street, south side At all times between Michigan Avenue and North Carroll Place This action is being taken per the request of Police Commissioner Rocco Diina in order to facilitate the safe crossing of ECC students parking in the lots along Seneca Street. (see previous serial and next serial) NOTIFICATION SERIAL #9169 INSTALL NO STANDING ON SENECA STREET - NORTH SIDE BETWEEN BUTLER PLACE AND ELMIRA PLACE NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Seneca Street, north side At all times between Butler Place and Elmira Place This action is being taken per the request of Police Commissioner Rocco Diina in order to facilitate the safe crossing of ECC students parking in the lots along Seneca Street. (see previous 2 serials) REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF POLICE NO. 10 REPORT OF BIDS FOR THE ERIE BASIN MARINA PHASE VII, SITE AND LANDSCAPING IMPROVEMENTS ITEM NO. 143, C.C.P. 01/21/97 As authorized and directed by your Honorable Body in Item No. 143, C. C.P. 0 1/21/97, I have advertised and received bids on December 22, 1999 for the Erie Basin Marina Phase VIL Site and Landscaping Improvements. In obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and materials which will be performed. The final cost of the work will be based on the actual measured quantities of Page 9 00-0111.txt material entering into the work and may be more or less than the total bid. The following bids were received: Contractor Base Bid Base Bid + 10% Visone Construction, Inc. $155,575.00 $171,132.50 (Low) Destro Brother Construction Co. $164,919.00 $181,410.90 Firstrhyme Construction Co. $178 ,000.00 $195,800.00 Titan Development, Inc. $179,750.00 $197,725.00 Sicar Management & Construction Inc. $183,995.00 $202,394.50 B.D.R. Inc.$299,144.00$329,058.40 I hereby certify that the lowest responsible bidder for the above project is Visone Construction, Inc., and I respectfully recommend that your Honorable Body order the work and the cost thereof to be charged to the Division of Engineering Bond Fund 33034506 445100 in and amount of $155,575.00, plus approved unit prices for an additional amount of $15,557.50 for a total encumbrance of $171,132.50. The engineers estimate for this work is $183,125.00. The above is certified to be a true and correct statement of the bids received. Under the provisions of the General Municipal Law any of the bidders may withdraw his bid if the award of this contract is not made by February 4, 2000. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. Lotempio Moved: That the above communication from the Commissioner of Public Works dated January 4, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for the Erie Basin Marina, Phase VIL Site and Landscaping Improvements to Visone Construction, Inc., the lowest responsible bidder, in an amount of $155,575.00, plus approved unit prices for an additional amount of $15,557.50 for a total encumbrance of $171,132.50. Funds for this project are available in the Division of Engineering Bond Fund 33034506-445100. Passed. Ayes-13, Noes-0 NO. 11 CHANGE IN CONTRACT APOLLO THEATER RECONSTRUCTION ELECTRICAL CONTRACT I hereby submit to Your Honorable Body the following changes for the Apollo Theater Reconstruction, Electrical Contract, Industrial Power & Lighting Corp., C #91980100. 1.Furnish and install additional fire alarm system devices as required by the code. Add $ 8,072.00 2.Revise telephone and cable service entry and make provisions for a satellite dish. Add $ 4,211.00 3.Furnish and install additional outlets and conduit for teleconferencing, distance learning and outside broadcasting. Add $ 2,615.00 The foregoing change results in a net increase in the contract of Fourteen Thousand Eight Hundred Ninety Eight Page 10 00-0111.txt and 00/100 Dollars ($14,898.00). Summary: Original Amount of Contract Change Order No. 1 (CCP 11/30/99; item #31) $ 365,550.00 Amount of This Change Order (#2) Add $ 3,264.00 Revised Amount of Contract Add $ 14,898.00 $ 383,712.00 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 January 3, 2000, be received and filed, and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 2, to Industrial Power & Lighting Corp., an increase in the amount of $14,898.00, as more fully described in the above communication, for work relating to Apollo Theater Reconstruction, Electrical Contract, C #91980100. Funds for this project are available in CPF 30332806 445 100 -Division of Buildings. Passed Ayes-13, Noes-0 NO. 12 CHANGE IN CONTRACT CHANGE ORDER NO.1 SOLDIERS CIRCLE CURB & RENOVATION PROJECT - 1999, GROUP #494 NORTH AMERICA CONSTRUCTION CO., INC. CONTRACT NO. 92010073 ITEM NO. 134, 3/17/98 ITEM NO. 34, 6/L/99 I hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order was necessary to enable our department to complete improvements to the locations listed below: Change Order No. 1 Locations: Various locations in the near vicinity of The Soldier's Circle Area including: Bird Avenue West Delavan Avenue Potomac Avenue Chapin Parkway Soldier's Circle Lincoln Parkway Unit Estimated Estimated Item Description Unit Price Quantity Cost R05.204Concrete SidewalksSq. Ft.$2.00 5,059.8 $10,119.60 08502.5014 Sawcut ConcreteLin. Ft.$4.0025.0 $100.00 613.0101 Topsoil Cu. Yd$10.0020.0 Page 11 00-0111.txt $200.00 Total $10,419.60 Contract Summary Original Contract Amount $45,354.00 Amount of This Change Order $10,419.60 Total Contract $55,773.60 Funds for this change order of $10,419.60 are available in The Infrastructure Improvements Bond 98-99 Capital Account 931-30335506. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change order to North America Construction Co., Inc. Mrs. Lotempio Moved: That the above communication from the Commissioner of Public Works dated January 6, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. I to North America Construction Co., Inc., an increase in the amount of $10,419.60, as more fully described in the above communication, for work relating to Soldiers Circle Club & Renovation Project 1999, Group #494, Contract No. 92010073. Funds for this project are available in The Infrastructure Improvements Bond 98-99 Capital Account #31-30335506. Passed Ayes-13 Noes-0 NO. 13 CHANGE IN CONTRACT MAIN-TUPPER POLICE PRECINCT ELECTRICAL CONTRACT I hereby submit to Your Honorable Body the following changes for the Main-Tupper Police Precinct, Electrical Contract, Tunney Electric, Inc., C #91992500. 1. Addition of two (2) light fixtures in parking lot and changes as a result of the demolition of 693 Main St. Add $ 8,750.00 The foregoing change results in a net increase in the contract of Eight Thousand Seven Hundred Fifty and 00/100 Dollars ($8,750.00). Summary: Original Amount of Contract $311,677.00 Amount of This Change Order (#1) Add $ 8,750.00 Revised Amount of Contract $ 320,427.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Foit Albert Associates) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 34320206 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. Lotempio Moved: That the above communication from the Commissioner of Public Works dated January 3, 2000, be received and filed; and That the Commissioner of Public Works be, and he hereby Page 12 00-0111.txt is authorized to issue change order No. I to Tunney Electric, Inc., an increase in the amount of $8,750.00, as more fully described in the above communication, for work relating to Main-Tupper Police Precinct, C#91992500. Funds for this project are available in CPF 34320206 445100 -Division of Buildings. Passed Ayes-Bonafacio, Brown, Coppola, Ellington, Fisher, Fontana, Golombek, Grant, Gray, Lotempio, Martino, Williams-12 Noes-Pitts-1 NO. 14 MAIN-TUPPER POLICE PRECINCT ELECTRICAL CONTRACT I hereby submit to Your Honorable Body the following changes for the Main-Tupper Police Precinct, Electrical Contract, Tunney Electric, Inc., C #91992500. 1. Install one (1) 4" telephone conduit from Room 108 to the existing conduit on Tupper Street. Add $ 4,969.00 2. Furnish and install all electrical power connections to garage overhead doors. Add $ 3,681.00 3. Furnish and install additional light fixtures, smoke detector and rescue assistance system . Add $36,786.00 The foregoing change results in a net increase in the contract of Forty Five Thousand Four Hundred Thirty Six and 00/100 Dollars ($45,436.00). Summary:Original Amount of Contract Change Order No. 1 (CCP 1/11/00) $ 311,677.00 Amount of This Change Order (#2) Add $ 8,750.00 Revised Amount of Contract Add $ 45,436.00 $ 365,863.00 These changes could not be foreseen at the time contract was let. Costs have been reviewed by the Consulting Architect (Foit Albert Associates) and the Department of Public Works and found to be fair and equitable. Funds for this work are available in CPF 34320206 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth above. Mrs. Lotempio Moved: That the above communication from the Commissioner of Public Works dated January 3, 2000, be received and filed, and That the Commissioner of Public Works be, and he hereby is authorized to issue change order No. 2 to Tunney Electric, Inc., an increase in the amount of $45,436.00, as more fully described in the above communication, for work relating to Main-Tupper Police Precinct, Electrical Contract, C #91992500. Funds for this project are available in CPF 34320206 445100 Division of Buildings. Passed Ayes-Bonafacio, Brown, Coppola, Ellington, Fisher, Fontana, Golombek, Grant, Gray, Lotempio, Martino, Williams-12 Noes-Pitts-1 FROM THE COMMISSIONER OF POLICE NO. 15 INCREASE PENALTIES FOR ILLEGAL DUMPING ITEM #38, CCP DEC 28,1999 Page 13 00-0111.txt The Police have not utilized checkpoints in the past to deal with illegal dumping. Where trouble spots have been identified we have used surveillance and undercover operations that have proven successful. District Patrol Officers have been useful as a deterrent. They work in the same areas on a regular basis, and are best equipped to identify and deal with problem areas. Also, they are always available to assist other city departments who have identified a violation. The Police dept. has issued 24 summons for illegal dumping in 1999. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CORPORATION COUNSEL NO. 16 LAVERNE PHILLIPS - CANCELLATION OF DEMOLITION CHARGES ITEM NO. 14, C.C.P., 12/28/99 You requested a response from the Law Department regarding the request by the Comptroller to cancel the demolition charges owed by Laverne Phillips. Mr. Phillips owes $36,846.00 for the demolition of 4 properties. Mr. Phillips is now unable to finish his repayment plan. When the Collections Division enters into a repayment plan with a debtor, they receive a Confession of Judgment from the individual. This document is held in escrow while the individual makes partial payments on the debt. In the event of default, the City can file the Confession of Judgment, which then becomes a lien. If the person were to obtain any assets, the City would be entitled to repayment. The properties owned by the debtor do not automatically go to the City. In the event the individual fails to pay the taxes owed, the properties may go to the City or County in the foreclosure process. For various reasons, the City may not want the property, so title remains with the debtor. Prior to the cancellation of the debt by the City, an investigation should be made to see if the Department of Community Development has any use for any of the debtor's properties. If so, some sort of release of the debt could be arranged for the transfer of the property. Prior to taking any property, the City should be sure there are no environmental issues related to the property and that there are no other lien-holders who may have a higher priority claim. If the City has no use for the property, then the debt may be forgiven. The cancellation of the charges is not unusual when the determination has been made that the debt is otherwise uncollectable. Routinely, the Council cancels account receivable that are uncollectable. In this instance, the Comptroller's office has found that Mr. Phillips' physical and financial condition make him unable to make any further payments. The City's efforts to maintain the account and to collect the debt would not be cost-effective. Therefore, it is within the power of the Council to cancel the uncollectable demolition charges owed by Laverne Phillips. REFERRED TO THE COMMITTEE ON FINANCE NO. 17 OWNERSHIP NEAR BERGER BUILDING ITEM NO. 93, C.C.P., 12/28/99 You requested the Law Department to investigate the Page 14 00-0111.txt ownership interests of the Mohawk Building and the Courtyard Mall, which are within the vicinity of the L.L. Berger Building. As provided in Item No. 93, C.C.P., December 28, 1999, the Mohawk Building is owned by Mohawk Group, a New York general partnership and the Courtyard Mall is owned by 4858 Group LP, a New York limited partnership. Both entities have Certificates of Incorporation on file with the New York Department of State and the Erie County Clerk's Office. Mohawk Group, Inc. was incorporated on October 3, 1983 and 4858 Group, Inc. was incorporated on April 20, 1995. The Incorporator for both entities is Carl P. Paladino. We have prepared correspondence to Mr. Paladino to obtain additional information. Such correspondence is attached for your reference. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 18 SETTLEMENT OF COUNTERCLAIM - HOWARD AND MAE HOKE V. CITY OF BUFFALO AND RONALD CHRISTOPHER On August 7, 1986, an unmarked police car was involved in a collision at the intersection of Seneca and Oak Streets. Two Buffalo police officers were injured and missed work as a result of injuries sustained. The passenger in the civilian vehicle, the wife of the owner/operator, was injured as well, The civilians filed a lawsuit against the City and the police officer who was driving the unmarked vehicle. The City asserted a counterclaim for property damages and for wages paid to the police officers who were injured while on duty. The lawsuit is scheduled to be tried before a jury commencing January 15, 2000. Both the civilian driver and Buffalo police officer driver claim to have had the benefit of a green light before entering the intersection. Plaintiffs are represented by one attorney on the claim for personal injuries and are being defended on the City's counterclaim by attorneys representing the insurance carrier, State Farm Mutual Automobile Insurance. The attorneys for State Farm expressed a desire to settle the counterclaim. Following negotiations the Corporation Counsel agreed, pending Common Council approval, to compromise the City's claim for 50% of its value. The City's property damage and wages claim only total $5591.25. The settlement therefore would amount to $2795.63. The Corporation Counsel urges your approval for the following reasons: to arrive at the final amount of the City's wages claim is a somewhat complicated mathematical process taking into account provisions of Section 207-C of the General Municipal Law and the Comprehensive Automobile Reparations Act (No-Fault Insurance). Presentations of proof through various police department personnel would tend to be complex, laborious, and confusing to a jury. There is a concern that because of this evidentiary presentation we would risk an unfavorable jury verdict. Considering the relatively low amount of the City's counterclaim, it appears to make more economic sense to compromise the matter. Secondly, by eliminating the counterclaim, we also eliminate the insurance carrier's attorney from the trial. There would be at least one less attorney to attack the City witnesses in an attempt to prove plaintiffs' case. For the foregoing reasons, the Corporation Counsel Page 15 00-0111.txt recommends approval of the settlement and seeks authorization for the Comptroller to execute a release to the plaintiffs as a result of payment to the City in the amount of $2795.63. Mrs. Lotempio moved: That the above communication from the Corporation Counsel dated January 6, 2000, be received and filed, and That the Corporation Counsel be, and he hereby is authorized to accept $2,795.63 in full settlement of Howard and Mae Hoke v. City of Buffalo and Ronald Christopher ; and That the Comptroller be, and he hereby is authorized to execute a release to Howard and Mae Hoke as a result of such payment. Passed Ayes-13, Noes-0 NO. 19 CITY OF BUFFALO VS. GENERAL ELECTRIC CO., ET AL. The City currently has pending lawsuits against General Electric Company, Harold Schectman, Neil Norey (now deceased), Industrial Realty Finance Corporation and Cash for Scrap concerning conditions at the former General Electric (hereinafter referred to as "GE") plant site at 1489 Fillmore Avenue. The property was owned and operated as a light bulb manufacturing facility by GE from the early 1920's to approximately 1973. The property was rented and occupied for a number of years after 1973 under the ownership of the Harold Schectman, Neil Norey Industrial Realty Financing, and Cash for Scrap, defendants. The building fell into a state disrepair and was ultimately abandoned while containing friable asbestos as well as some containers of chemicals. GE did leave in the ground approximately four (4) underground storage tanks; one of which was filled with petroleum product that leaked in surrounding soils. The other three (3) process tanks were empty. We have a proposed settlement offer from General Electric Company, which we would like to discuss in Executive Session. Under the proposed settlement the remainder of the case would continue to go for-ward against all non-GE defendants. After the Executive Session, we will be requesting your authorization to partially settle this matter. Mrs. Lotempio moved: That the above communication from the Corporation Counsel dated January 7, 2000, be received and filed; and That the Corporation Counsel be, and he hereby is authorized to accept $170,850.00 in partial settlement of City of Buffalo v. General Electric Co., et al. with the following conditions: 1 .The City will agree to dismiss all pending claims against General Electric ("GE"). 2. The City will include a deed restriction to limit future development of the 1489 Fillmore Avenue to commercial or industrial uses. 3. The City will apply its best efforts towards obtaining a "no further action" letter from the New York State Department of Environmental Conservation for the benefit of GE. 4. The City and GE will agree that the Uniform Page 16 00-0111.txt Comparative Fault Act ("UCFA") shall apply to this litigation and settlement. 5. The City will seek an Order from the Court approving the settlement as fair. 6. The final Settlement Agreement shall be deemed satisfactory by the Corporation Counsel. 7. The Corporation Counsel is not authorized to defend or indemnify GE for any of GE's actions. Passed Ayes-Bonafacio, Brown, Coppola, Golombek, Gray, Lotempio, Martino, Pitts, Williams-10 Noes-Ellington, Fisher, Grant-3 NO. 20 USE AGREEMENT--COB & NATL. FUEL FOR TEMP. USE OF A PORTION OF 166 DART STREET ITEM NO. 15, C.C.P., 12/28/99 The Law Department is not aware of any environmental concerns at 166 Dart Street. The purpose of the temporary use agreement is to allow National Fuel Gas to monitor its remediation efforts at other sites along the Scajaquada Creek. Under the proposed conditions, National Fuel would be responsible for restoring the parcel to its present condition or a condition satisfactory to the City and paying $50,000 for the use of the portion of that property and the loss of parking revenues from that area. REFERRED TO THE COMMITTEE ON FINANCE NO. 21 REGARDING THE UTILIZATION OF PROJECT LABOR AGREEMENTS FOR CITY CONSTRUCTION PROJECTS C.C.P., 12/14/99, NO. 167 You asked for a response from the Law Department on the use of Project Labor Agreements ("PLX') as a pre-bid mandate for all city construction projects valued over $1 million. There currently is no state statute or exception from the state competitive bidding laws (Article 5-A of the General Municipal Law) which expressly allows municipalities to enter into PLAs in any or all circumstances. Case law requires a municipality to demonstrate that the use of a PLA on a particular project will affirmatively advance the purposes of the competitive bidding laws. The municipality bears the burden of showing that entering into a PLA "has as its purposes and likely effect the advancement of the interests embodied in the competitive bidding statutes," that is protection of the public fisc and prevention of favoritism, improvidence, fraud and corruption in awarding public contracts. Matter of N.YS. Chapter, Inc., Associated General Contractors of Am v. New York State Thruway Auth., 88 N.Y.2d 56, 69, 68 (1996). PLAs are 4Lan exceptional specification in all events" in a construction bid. Id. at 74. The municipality must show contemporaneous projection of cost savings arising from the use of a PLA or any unique feature of the project which necessitates the PLA, id., such as a history of labor unrest requiring settlement by a labor agreement or the size and complexity of the project, id. at 71, '75. Courts have allowed PLAs on a project-by-project basis, upholding PLAs for renovations to the Tappan Zee Bridge, construction of new county courthouse and jail, a lake improvement project, and for construction of the new North Page 17 00-0111.txt West Academy in Buffalo, 'Empire Slate Chapter of Associated Builders & Contractors, Inc. v. Board of Educ. of City of Buffalo, No. 11998-8732 (Sup. Ct. Erie County 1998), appeal pending, No. 99-636 (4th Dep't 1999), while rejecting a PLA for construction at Roswell Park Cancer Institute and a sewer project. In the leading case in this state, the New York Court of Appeals in the Mppan Zee Bridge case declined to find PLAs to be lawful in all cases, but opted instead for a case-by-case review of the facts and circumstances (such as the cost savings from the use of a PLA, the complexity and uniqueness of the project, history of labor unrest on past projects) to determine whether a given PLA is warranted. N. Y.S. Chapter, Associated General Contractors, 88 N.Y.2d at 71. For example, in that case, the court concluded that the PLA met the goals of state competitive bidding law. But in the consolidated case involving a PLA for renovations of Roswell Park Cancer Institute, the court found that there was nothing unusual about that construction project and, in the absence of a record of documented cost savings with a PLA, there was little to justify a PLA. Id. at 74-75. A blanket resolution requiring PLAs for all projects over $1 million regardless of the nature and complexity of a given project, the history of labor unrest, or the cost savings (if any) derived from the use of a PLA in that project may, in fact, jeopardize the defense of valid PLA by nullifying the individual analysis called for by the case law that provides the basis for concluding that a PLA is warranted for the particular project. Thus, absent an authorizing state statute, requiring a PLA for all projects valued over a certain amount fails to take into account the factors the courts have mandated that a municipality document in order to justify a PLA (such as whether the PLA will achieve cost savings as opposed to conventional bidding). REFERRED TO THE COMMITEE ON FINANCE FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 22 ALL COMMUNITY-BASED OR COMMISSIONER JOSEPH E. RYAN CDBG REHABILITATION LOAN PROGRAM Effective Friday, January 14, 2000 the Department of Community Development will no longer accept applications for the rehabilitation loan program administered through the Division of Neighborhoods, As you know, an extensive review has been underway to develop a delivery system that is cost-efficient, productive and meets the City's needs as determined by its Master Plan. We anticipate that this system will be in place by July 1, 2000. However, we will continue to provide some financial assistance under the Emergency Grant Program, which has specific requirements and criteria. It is our intention to initiate and award not more than two contracts for the city-wide administration of & CDBG funded rehabilitation loan program, Within the next 100 days a Request for Proposals will be advertised. Selection will be based on experience, expertise, capacity and Leverage. In the interim, any community-based organization without sufficient funds to create a loan, should utilize, the services of neighboring CBO's and NHS's, CDBG revolving loan funded agencies will be required to accept outside Page 18 00-0111.txt applications until such time as a new delivery system is established. All existing loan applications in-house will be processed accordingly. If you have any questions, please contact your Ncighborhood Housing & Development Specialist. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 23 CITY EMPLOYEES OR RELATIVE(S) OF CITY EMPLOYEE RECEIVING REHAB. LOAN OR NEW HOUSING LOANS List is available in then City Clerk's Office. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 24 INFORMATION - PERMISSION TO REIMBURSE NYSDEC DIARSENOL - KINGSLEY PARK SITE Your Honorable Body requested that this Department provide the amount of funds to be taken from each funding source listed to reimburse the New York State Department of Conservation for the remediation and monitoring of the Diarsenol -Kingsley Park Site. The following should answer your request: Account 30020006 Kingsley Park Remediation $26,477.37 This will expend the available budget. Account 30022306 Improvements Kingsley Park Playground $12,640.18 This will close out this account. Account 30331906 Renovations Citywide Playgrounds $1,481.85 The above totals the $40,599.40 which the NYSDEC has invoiced the City of Buffalo for, as our share of the project costs. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 25 MAIN-LASALLE PLACE MARKET RATE NEW HOUSING AGENDA ITEM 1 Pursuant to the request from the Common Council at the January 4, 2000 Community Development Committee meeting, we are responding to Agenda Item 1, Main LaSalle Place Market Rate New Housing. The following questions and concerns were as follows: What incentive package was offered to the Developer? An incentive package was not offered to the Developer. Marrano/Marc Equity Corporation is planning to construct 31 Market Rate New Housing Units with subsidies not available to purchasers. City, County, State and/or Federal Funds are not being utilized for the construction of the new housing units. A copy of the waiting list for prospective homebuyers was requested. Marrano/Marc Equity Corporation has respectfully declined to provide the names of their potential homebuyers. Please see attached letter. A copy of the Environmental Report as well as a summary of project activities was requested which is attached. All work associated with the State DEC soil remediation plan has been successfully completed by Sevenson Environmental Services in conjunction with and under the direct supervision of the City's consultants URS Greiner and Page 19 00-0111.txt Deleuw-Cather and it is anticipated that the project will receive final certification from the DEC no later than the middle of February. Councilmember LoTempio inquired as to whether the NFTA fulfilled their obligations with the City regarding debris that was stored on the property? This Department contacted the real estate property manager (Kevin McCarthy) of the NFTA regarding this issue and he was unfamiliar with any Agreement between the City and NFTA. Mr. McCarthy will contact and discuss issue with Councilmember LoTempio. A copy of the purchase contract between the City and Conrail as well as a survey of the property was requested which are both attached. Councilmember Grant requested to meet with the Department prior to the public hearing. A meeting has been scheduled for Friday, January 6, 2000. Councilmember Gray requested assurances that the parkland would not be sold and would remain parkland. It is our intention that the parkland will remain parkland /greenspace which will be enjoyed by the community. We will be completing major improvements at the adjacent McCarthy Park which will include new baseball, football and soccer fields, basketball courts, family picnic areas and playground equipment and a greenway/bike trail connecting Shoshone and McCarthy Park. A breakdown of the sources and uses of any City money spent on the project. Approximately $2.1 million Section 108 funds for the implementation of the voluntary clean-up in association with DEC including complete reconstruction of McCarthy Park and approximately $2.5 million in City Capital Bond money for street and required infrastructure (street pavement, curbs, sewers, waterline.). A copy of the amendment to the original document that was presented to the Committee is attached. A copy of the tree removal and replanting process was which was prepared by DeLeuw Cather was requested and is attached. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 26 MAIN - LASALLE REVITALIZATION PROJECT PRELIMINARY IN-HOUSE SCOPING SESSION FOR THE PREPARATION OF A GENERIC ENVIRONMENTAL IMPACT STATEMENT 1. PROJECT DESCRIPTION The City of Buffalo Department of Community Development (DCD) is proposing to adopt a master land use plan and to amend zoning classifications in the Main-LaSalle Revitalization Project area, which will result in the redevelopment of the area with various residential, commercial, recreational, and educational facilities. The City is proposing to provide the necessary resources for soil testing and remediation, property acquisition, rehabilitation, clearance/demolition, relocation of affected property owners (if necessary), and the installation of public facilities/improvements and infrastructure in order to facilitate redevelopment of the area generally in accordance with the attached Master Plan. The primary purpose of the project is to facilitate the economic development of a generally underutilized and Page 20 00-0111.txt underdeveloped portion of the city, by creating retail and light manufacturing job opportunities in proximity to high quality residential market rate housing, recreational, and educational facilities. ii.PURPOSE OF SCOPING SESSION In order to comply with the New York State Environmental Quality Review Act (SEQRA) and 24 CFR Part 58, Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities, it has been determined a Generic Environmental Impact Statement (GEIS) must be prepared for the Main-LaSalle Revitalization Project. The DCD has been designated the Lead Agency responsible for determining the effect of the proposed project on the environment, and has retained the services of URS Consultants, Inc. (URS) and Phenix Environmental, Inc. (Phenix) to assist in the preparation of a GEIS. To insure that potential environmental issues of concern are identified as early as possible in the GEIS preparation process, the DCD has scheduled a preliminary in-house scoping session to seek comments from the agencies and individuals that will be most directly involved with the proposed project. This meeting is in preparation for the public scoping session to which potentially involved and interested parties will be invited or otherwise provided notice. A list of the agencies and individuals that will be invited to the public scoping session is attached. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 27 NO NEW FUNDS In February 1999, the Common Council approved the allocation of HOME funds to the Clarkson Centei to be utilized to correct "no - heat" emergencies for low-income city households. Due to the difficulties the Clarkson Center has experienced, and the desire to continue to provide this much needed assistance, I air requesting that these funds be reassigned to the Division of Community Development, which will provide emergency heating repairs/replacement to approximately 65 low income Buffalo homeowners under the following program. Basically, the program will work as follows: 1.The area CBOs, National Fuel Gas, or the Division of Fuel Devices will refer homes in the City's Rehabilitation loan program and homes needing emergency heating services to the Department of Community Development, through the Division of Neighborhoods. 2.The Division will assign a Reconstruction Analyst to verify the emergency situation and prepare the specifications for the required repairs. 3.The Division's Loan Section, with the assistance of the CBO, will verify the applicant's eligibility for the program. All homes participating in this program must be qualified by the division as meeting the HOME guidelines, which are at or below 80% of the Area Median Income. 4.The Division will select a City of Buffalo licensed heating contractor. Assistance is expected to be provided within 72 hours of the contractor's receipt of the referral from the Department. 5.The WARM program is expected to assist at least 65 households, based upon the appropriateness of the income requirements of the owner, nature and fimding commitment(s) of repairs needed, or an emergency no-heat Page 21 00-0111.txt condition. 6.Eligible homes will be selected by the division on a first come - first served criteria. The funds will be provided to the clients in the form of a grant. I am respectflAy requesting that the Common Council approve the reallocation of the HOME funds for use in the above outlined project. Mrs. LoTempio Moved: That the above communication from the Commissioner of Community Development dated January 6, 2000, be received and filed, and That the Commissioner of Community Development be, and he hereby is authorized to reallocate HOME funds for use as emergency funds on the conditions that: 1. a monthly report of the program is filed with the City Clerk; and 2. the Commissioner investigate adding Coleman Heating to the list of approved heating contractors. PASSED AYES -13 NOES - 0 NO. 28 USED CAR DEALER 797 SENECA 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 797 Seneca and rind 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 rind it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Lloyd Hogan. The attached thereto for Lloyd Hogan d/b/a The Good Door Store located at 797 Seneca. This request is submitted for your *proval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 29 APPOINTMENT DIRECTOR OF LABOR AND EMPLOYEE RELATIONS James L. Jarvis, Jr., former Director of Labor & Employee Relations, left City employ effective 12/4/99 to take a position with State University of New York at Buffalo. We were thankful for his good work and wish him well in his new position. I am pleased to appoint Kathleen E. O'Hara as Jim's successor. We have all had the benefit of working with Kathy, and know that her experience and talent will serve the City very well going forward. Kathy lives at 348 Parker Avenue, Buffalo, NY 14216. Her salary will be $64,092. I would be pleased to answer any questions you might have. Certificate of Appointment Appointment Effective:January 3, 21000 in the Department of Administration & Finance Division of Labor Relations to the Position of Director of Labor Relations Exempt Appointment at the Maximum Starting Salary of: $ 64,092 Kathleen E. O'Hara 348 Parker Avenue Page 22 00-0111.txt Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 30 AGENCIES ISSUING PARKING VIOLATIONS Dear Ms. Davis: Per your request from the Finance Committee meeting of January 4, 2000, please find attached a list of agencies that issue parking violations by the Division of Parking Enforcement. Please understand that these agencies only issue tickets on their property and are not allowed to issue tickets on City of Buffalo public right-of-way. All revenue produced from the issuance of these violations is deposited in City Treasury. REFERRED TO THE COMMITTEE ON FINANCE NO. 31 FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION OLMSTED PARKS CONSERVANCY BOARD OF DIRECTORS APPOINTMENT ITEM NO.18, C.C.P. DECEMBER 28,1999 The Department of Human Services, Parks and Recreation works very closely with The Buffalo Olmsted Parks Conservancy and is bound by the current Memorandum of Understanding between the City and the B.O.P The Commissioner of Human Services, Parks and Recreation is an ex-officio on the Board of the B.O.P.C. and has no direct role in appointing Board Members. RECEIVED AND FILED FROM THE COMMISSIONER OF GENERAL SERVICES NO. 32 CITY OF BUFFALO VEHICLES In reply to the request of your Honorable Body, the Department of General Services/Division of Inventory and Stores, is unable to do a physical count of all vehicles owned by the City and assigned to the various Departments, due to a severe shortage of manpower. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 33 PRICE DIFFERENCE - CHEVROLET IMPALA AND FORD CROWN VICTORIA With regards to the above, please be advised of the following price differences: Base PriceChevrolet Impala Ford Crown Victoria $19,046.00$19,392.00 With All Options$22,165.59$23,606.00 The Ford Crown Victoria's are blue and white issued for use for regular patrol officers and that the Chevrolet Impala's will be used for Supervisory deployment, (Captains, Lieutenants) assigned by the Superintendent of Fleet Maintenance for the Buffalo Police Department. RECEIVED AND FILED NO. 34 WITHDRAWL OF WAIVER OF BOND FOR DELACY FORD The Department of General Services/Division of Purchase Page 23 00-0111.txt is hereby withdrawing our original request to waive the bond for Delacy Ford. We have been advised by a representative from Delacy Ford that the bond in the amount of $530,087.00 will be submitted to our offices. RECEIVED AND FILED FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 35 DEPARTMENT: BUFFALO MUNICIPAL HOUSING AUTHORITY APPROVAL OF MEMORANDUM OF AGREEMENT BETWEEN BMHA AND CSEA, LOCAL 815, PUBLIC SAFETY UNIT We respectfully request that your Honorable Body consider and approve the attached Memorandum of Agreement between the BMHA and CSEA, Local 815, representing Public Safety Unit employees. The Memorandum of Agreement amends the existing contract between the parties and provides a successor Agreement for the period July 1, 1998 through June 30, 2002. Acceptance of the Contract was reached with the assistance of a PERB appointed mediator after a prolonged period of negotiations between the parties. The Agreement reflects a 3% (three percent) increase in salary effective July 1, 1998, $1,000 and a 3% (three percent) increase in base salary effective July 1, 1999, a 3% increase in base salary effective July 1, 2000 and a 3% increase in base salary effective July 1, 2001 . The Board of Commissioners of the Authority approved the attached Memorandum of Agreement at their regular Board Meeting of December 16, 1999. A certified extract of the minutes of this meeting is attached. In addition to the wage adjustments, the following are the highlights of the negotiated Agreements: MODIFIED SALARY SCHEDULE FOR NEW OFFICERS New Officers will be paid 75% of their salary during the initial basic Officer Recruiting Academy. HEALTH INSURANCE Increase employee contribution towards cost of medical insurance in two increments to $80.00 for family and $40.00 for single coverage over a two year period. DRUG & ALCOHOL POLICY Implementation of a drug/alcohol policy which includes random testing. DENTAL INSURANCE Upgrade to GHI Preferred Plan at no cost to employee. LIFE INSURANCE The BMHA will provide a policy that includes $50,000 coverage for officers who are killed in the line of duty or killed as a result of on duty action. ON-CALL PAY The Housing Authority will pay four (4) hours (at straight time) pay per week to command staff who are assigned to be on call. Communication To The Common Council HOLIDAY PAY Increase holiday pay an additional two (2) hours for each holiday a ten (10) hour per day officer is assigned to work. UNIFORM ALLOWANCE Page 24 00-0111.txt Increase uniform allowance to $1050 per year. MINIMUM MANPOWER LEVELS Language to address one-man patrols. TEMPORARY VACANCIES The BMHA will have ability to fill temporary vacancies by selection of the most qualified of the top three (3) candidates. If this Memorandum of Agreement is approved by your Honorable Body and the Mayor, it must then be submitted to the New York State Division of Housing and Community Renewal for their consideration and concurrence. The New York State Division of Housing and Community Renewal requires that your approval of these items include a specific acknowledgment that the operating costs of the Authority's State sponsored Public Housing Program, may incur increases that the City of Buffalo under the loan and subsidy contract must fund in addition to any deficit the Authority may incur in its State sponsored operation. it is anticipated that the net dollar costs of this Agreement including salary schedules for approximately 39 BMHA employees would total approximately $912,579 for four years. The State portion for the four year Period would total approximately $155,138 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BUFFALO ECONOMIC RENAISSANCE CORP. NO. 36 RESPONSE TO SKYWAY BRIDGE LIGHT PROJECT (BERC) COM. 50, CCP NOVEMBER 16,1999 RES. 12 CCP OCTOBER 19, 1999 Your Honorable Body requested a response regarding our response to the above referenced resolution originally filed by Mr. Coppola. The BERC is supportive of the proposed project to light the Skyway Bridge, please note the following comments. As stated in our previous response, Hayden McKay Lighting Design prepared a conceptual design of the lighting system needed to illuminate the underside of the Skyway. This concept was approved by the NYS Department of Transportation (owner of the Skyway Bridge) and proved to pose no obstacle to regular maintenance of the structure. A conceptual cost estimate identified the expenses associated with the Skyway illumination as approximately $80,000. It's important to note, the conceptual design and cost estimate only recognized lighting the Skyway as it transcends over the Inner Harbor site, not the entire bridge. Further investigation would be required to accurately estimate the cost of lighting the bridge its entirety. The cost associated with the Skyway illumination is not included in the final budget for the Inner Harbor Project. However, we at the BERC are excited to work with the Common Council in lighting the Skyway Bridge and support any action to see it become a reality. The BERC will support any decision by the Common Council to fund this project through the upcoming CDBG budget. As the City representative agency on the Inner Harbor Project, the BERC welcomes the opportunity to work with the City of Buffalo Department of Public Works and the NYS Department of Transportation to facilitate this project. REFERRED TO THE COMMITTEE ON COMMUNITY Page 25 00-0111.txt DEVELOPMENT NO. 37 RESPONSE TO CONCERNS ON INNER HARBOR PROJECT RES. 155, CCP DECEMBER 28, 1999 Your honorable body requested a response from the Buffalo Economic Renaissance Corporation regarding the above referenced Council Resolutions sponsored by Ms. Miller-Williams and Mr. Fisher, respectively. The approved plans for the Inner Harbor Project follow the recommendations of project archaeologist Dr. Warren Barbour, the State Historic Preservation Office and the National Park Service for protecting the remains and the historical integrity of the Commercial Slip wall. (See attached letter from Dr. Robert Kuhn, SHPO; and statement from Thomas X. Grasso, Canal Society President, which was recorded at the December 14, 1999 public hearing.) According to a statement at the December 14 1h Public Hearing by Paul Redding, who has been involved in previous archaeological digs at the site and as one of the authors of America's Crossroads has done extensive historical research on the site, there is no historic evidence suggesting that Dug's Dive was a stop for the Underground Railroad, and there are no known existing remnants of the building. In response to the many concerns about the wall, Mayor Masiello will convene a Blue Ribbon panel of local, national and international experts to study and recommend methods for permanent display of the remnants of the Commercial Slip. The Mayor will also convene a task force of local preservationist experts and public officials to work closely with Dr. William Siener on ways to interpret and feature other historically interesting elements of the site. (See attached copy of Dr. Siener's Draft Inner Harbor Interpretive Plan) The design team of Jambhekar Strauss Architects, Matthews-Neilsen Landscape Architects, and Flynn Battaglia Architects went to great lengths to modify the original plan to protect the canal slip and to incorporate building foundation walls and street remnants in the Heritage Plaza design at the head of the new slip. Furthermore, the relocation of the new slip and new Naval Museum building allow for future displays and ongoing archaeological investigations. (See attached images and Buffalo News article and editorials, also see letter from John Laping, Chairman Buffalo Preservation Board and copy of Preservation Board Meeting minutes October 14, 1999) Private development was precipitated by public investment in the Inner Harbor Project. Any delay could negatively impact private investment confidence in the project. (See Business First and Buffalo News articles) REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY CLERK NO. 38 AUTO ALLOWANCE I transmit herewith certificates of auto allowance submitted for the following individuals in the various departments listed below: Common Council-Karen R. Ellington, Joseph Golombek Jr., Page 26 00-0111.txt Betty Jean Grant, Dominic J. Bonifacio Jr., Mary M, Martino RECEIVED AND FILED. NO. 39 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: ComptrollerWilliam Murphy Bridget. Carpino RECEIVED AND FILED. NO. 40 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 130 South Park130 South ParkDarryl Carr 1680 Elmwood Ave. Seritone Inc.Seri Chimera 320 PearlRevel Stoke Ent.John M. Dickerson RECEIVED AND FILED NO. 41 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. 42 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. AMENDED CERTIFICATE OF APPOINTMENT Appointment Effective December 27, 1999 in the Department of Common Council, to the Position of Intern I, Seasonal, Non-Competitive at the Flat Starting Salary of $ 6.00 Leon Hicks, 492 Masten Ave, Buffalo, NY 14209 NO. 43 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. Appointment Effective December 27, 1999 in the Department of Street Sanitation to the Position of Seasonal Laborer II, Seasonal, Non Competitive at the Flat Starting Salary of $ 6.920/hr Ernest Watson, 170 Reed Street, Buffalo, NY 14211 Appointment Effective: December 29, 1999 in the Department of Public Works Division of Buildings to the Position of Laborer I Non-Competitive at the Flat Starting Salary of $6.22 Page 27 00-0111.txt Joan D. Mutka, 146 Lewis Street, Buffalo 14206 Ann M. Parot, 10 South Street, Buffalo 14204 Appointment Effective: December 27, 1999, in the Department Of: General Services, Division of: Inventory & Stores to the Position of: Seasonal Laborer II, Seasonal Appointment at the: Flat Starting Salary of $6.92/hr Richard Ricks, 152 Blaine Avenue, Buffalo, NY 14208 NO. 44 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 Appointment Effective November 6. 1999, in the Department of Administration and Finance, Division of Civil Service, to the Position of Exam Monitor I,Temporary at Starting Salary of: $ 7.00/hr Altheria Johnson, 21 Goulding Ave, Buffalo, NY 14208 Appointment Effective Monday, January 3, 2000, in the Department of Assessment, to the Position of Account Clerk Typist at the minimum Starting Salary of $24,277.00 Sandra J. Stotz, 4 Roebling Avenue, Buffalo, NY 14215 Appointment Effective December 27, 1999 in the Department of Police to the Position of Report Technician Contingent Permanent Appointment at the Minimum Starting Salary of: $ 25,149 Carrie B. Price, 88 Ivy Street, Buffalo, New York 14211 Appointment Effective January 4, 2000 in the Department of Police to the Position of: Systems Coordinator, Provisional Appointment at the Minimum Starting Salary of $ 29,338 David Alba, 62 Rosemary Avenue, Buffalo, N.Y. 14216 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 45 R. BENNETT- UNITED WAY-DESIGNATION OF ADDRESS AKA "ONE COMMUNITY WAY" The United Way of Buffalo and Erie County hereby requests that its street address designation, in addition to being known as 742 Delaware Avenue, also be known as: One Community Way As you my know, the United Way is nearing completion of the renovation and expansion of this building which it has occupied for the last 30+ years. We are delighted that this project allows the United Way to remain in the City of Buffalo. The renovation and expansion was funded through the generosity of many community-based foundations, in cooperation with the public and private sector, and with United Way reserves. We are pleased to say that no United Way Campaign dollars were used to fund this project. The renovation includes the addition of a distance learning center and several meeting rooms which will be available to community groups collaborating to address the health and Page 28 00-0111.txt human service needs of our community. Hence, the request to designate the building address as "One Community Way." REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSI0NER OF PUBLIC WORKS AND THE CORPORATION COUNSEL NO. 46 T. BLANCHARD -INFO BFLO INNER HARBOR City of Buffalo Honorable Common council c/o City Clerk 13 1h Floor City Hall Buffalo, NY 14202 This is to respond to your recent communication regarding your request for information on the Buffalo Inner Harbor. This office is currently in the process of preparing a response to recent legal actions filed with the U. S. District Court. We expect that those documents will be filed on Friday, January 7, 2000. Immediately following that, we will be pleased to provide the Honorable Council with a copy of those documents, including a table of contents. Should you need further information, please do not hesitate to let us know. RECEIVED AND FILED NO. 47 MONTCO CONSTRUCTION COMPANY, INC. FILLMORE-FERRY POLICE PRECINCT CONTRACT NO. 91988500 Please find enclosed revised pages of Buffalo Creek's portion of Monteo's Claim. The original pages were inadvertently inserted into the claim without the revisions. The enclosed pages should replace the page currently under Tab 5 in your copy of the claim. Thank you in advance for your cooperation in this matter. We apologize for any inconvenience this may cause. If you have any questions or comments, please do not hesitate to contact the undersigned. REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE NO. 48 N. GEROVAC-PUBLIC HRG. NABISCO INC. Enclosed please find a copy of the General Project Plan and findings for the proposed Nabisco, Inc. - Milk-Bone Facility Revitalization Program - Empire State Economic Development Fund - General Development Financing Capital Grant Project in the City of Buffalo. In accordance with Section 16(2) of the New York State Urban Development Corporation Act (Chapter 174 of the Laws of 1968), as amended, we request that the Plan and findings be filed in your office. A public hearing for this Project will be held in the 13th Floor Common Council Chambers, Buffalo City Hall, on Thursday, January 6, 2000 from 2:00 p.m. to 3:00 p.m. If you have any questions, please contact me at 716-688-0485. Thank you for your cooperation. REFERRED TO THE MINORITY BUSINESS ENTERPRISE NO. 49 N. GEROVAC-PUBLIC HEARING - TELESPECTRUM WORLDWIDE, INC. Enclosed please find a copy of the General Project Plan and findings for the proposed Telespectrum Worldwide, Inc. - JOBS Now Program Capital Grant Project in the City of Buffalo. In accordance with Section 16(2) of the New York Page 29 00-0111.txt State Urban Development Corporation Act (Chapter 174 of the Laws of 1968), as amended, we request that the Plan and findings be filed in your office. A public hearing for this Project will be held in the 13th Floor Common Council Chambers, Buffalo City Hall, on Thursday, January 6, 2000 from 1:00 p.m. to 2:00 p.m. If you have any questions, please contact me at 716-688-0485. Thank you for your cooperation. REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE NO. 50 D. KUNTZ-OBJECTIONS-PROPOSED DAY CARE CTR HEN PK COMM I have been working on a reply to your request that I submit my objections, under the city building codes and zoning regulations, to the proposed day care center, which is being planned for the renovated Hennepin Park Community Center. Aside from the fact that I am totally opposed to the expansion, at the park location, I believe that the city and state is totally disregarding the present zoning regulations where it pertains to the operation of a day care center. The descriptions of the four types of day care, as we know now, was acquired by myself from the New York State Social Services. They are described specifically under part 414, part 416, part 417 and 418 of New York State Social Service Law. Under article V, (R2 Dwelling District) which the park is located, in the Buffalo code on zoning, under SS 511-12 (permitted uses) in paragraph L. on Page 5111. It states that Family Day Care Homes are permitted as provided for in SS390 of Social Service Law. Day Care Homes are described in Part 414, Part 416 and Part 417 these are allowable under zoning laws as described earlier. The description of a Day Care Center as described in Part 418 is specifically not mentioned in the zoning code (paragraph L.) If you read the restrictions called for in permitted uses, I'm sure that you will agree the general idea of these restrictions is to ensure that any activities in a (R2) zoning area will ensure that, in general, great care should be given that these activities or buildings do not create an environment of noise and excess traffic, confusion, fumes, health and/or tension hazards. This would encroach on the peace and tranquillity of family homes in this area. I am preparing to enlist the services of an attorney, if necessary, aligning myself with others in agreement that the city is ignoring city zoning laws, previously mentioned. As first stated at the beginning of this letter, I was working", I meant to mention that I am unable to give all the material that I promised, as my mother is very sick and needs 24 hour care. This restricts my time, but be assured, as soon as I can, I will send copies of the zoning regulations I am referring to. Please note, that the present, temporary relocation of Precinct #11, has created the zoo like atmosphere we are now experiencing. This is just the beginning of a look into what you and that rat in Albany, are trying to do to our park, in our quiet and peaceful residential neighborhood. We will not stand still. You know we are fight and will fight to Page 30 00-0111.txt win. REFERRED TO THE SPECIAL COMMITTEE ON HENNEPIN PARK AND THE CORPOATION COUNSEL NO. 51 M. LONGO MAIN/LASALLE PLACE DEVELOPMENT PROJECT Pursuant to our discussion, You have advised that there is a waiting list of approximately 160 names for information relating to new housing at the Main/LaSalle, Place Project. Apparently, the Common Council has requested that the Marrano/Marc Equity Corporation release the names of those individuals who are interested in this new housing. It. is my opinion that this information should riot be disseminated to the COMMON COUNCIL at this time for the following reasons. First, (the Waiting list is proprietary information generated by The Marraito/Marc HIqUity Corporation. If the requested information is provided to the Common Council it will become public knowledge arid subject to review by not individuals but competitors as well. Second, Without a signed authorization from each individual allowing his or her name to be disclosed to the Common Council and made public, this information not be provided. The privacy aspect of each homeowner far outweighs the need of the Common Council to be apprized of the narnes at this point in time. If anything further is needed, please do not hesitate to contact me. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 52 R. QUINTANA-RESIGNATION AS COUNCILMEMBER Due to the fact that I am returning to the Buffalo Police Department on Wednesday, December 29, 1999, Please accept this communication as my official resignation from the Common Council effective 6:00 P.M this date Tuesday, December 28, 1999. It has been an honor to serve with all of you. RECEIVED AND FILED NO. 53 R. TARBELL- HOUSING CONCERNS 358 BEDFORD AVENUE I am writing to ask for your assistance regarding my property located at the above mentioned address. I am currently in housing court to address issues first sighted by the housing inspector (Mr. O'Neal) scheduled to be heard in City Court on January 5, 2000 at 9:00 a.m. Since the initial inspection Mr. O'Neal, has been replaced by Mr. Pat Sullivan who apparently has not reviewed the current status. Mr. Sullivan has continued to harass me to a point that I must have your help to put an end to his harassment. I have in my possession photo proof of my improvement to the property and a court date as previously mentioned, yet he continues to threaten me. Won't you help me put an end to this harassment issue. I am a non-city resident, who values the property that I own and respect the community and city in which I have made my investment. I am not a slumlord, I am a responsible taxpayer who loves the city and is willing to do my part. RECEIVED AND FILED Page 31 00-0111.txt NO. 54 D. TRIMBLE-BFLO OLMSTEAD PARKS CONSERVANCY BD OF TRUSTEES List available in City Clerk's Office RECEIVED AND FILED PETITIONS NO. 55 D. LIAROS, AGENT, REZONE 45955959 KENSINGTON FROM R-2 TO C-1 FOR A RETAIL FOOD MARKET, OFFICE RENTALS, GAS PUMP ISLAND & RESIDENTIAL REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, AND COMMISSIONER OF COMMUNITY DEVELOPMENT AND CORPORATION COUNSEL. REGULAR COMMITTEES CIVIL SERVICE (BARBARA A. MILLER-WILLIAMS, CHAIRPERSON) NO. 56 SALARY ORDINANCE AMENDMENT 06 DEPARTMENT OF ADMINISTRATION & FINANCE 2 DIVISION OF ADMINISTRATIVE ADJUDICATION (ITEM NO. 182, C.C.P., FEB. 9, 1999) That the Salary Ordinance Amendment as contained in Item No. 182, C.C.P., February 9, 1999, be and the same hereby is approved. PASSED AYES -13 NOES - 0 NO. 57 SALARY ORDINANCE AMENDMENT 06 DEPARTMENT OF ADMINISTRATION & FINANCE 2 DIVISION OF PARKING ENFORCEMENT (ITEM NO. 184, C.C.P., FEB. 9, 1999) That the Salary Ordinance Amendment as contained in Item No. 184, C.C.P., February 9, 1999, be and the same hereby is approved. PASSED AYES -13 NOES - 0 NO. 58 APPOINTMENT SYSTEM ANALYST (INTER) (ITEM NO. 16-C.C.P. DEC. 28, 1999) That Communication 16, Dec. 28, 1999 be received and filed and the permanent appointment of Kenneth Sprague stated above at the intermediate salary of $39,703 effective on December 16, 1999 is hereby approved. PASSED AYES -13 NOES - 0 NO. 59 APPOINTMENT LABORER I (INTER) (ITEM NO. 3 7-C.C.P. DEC. 28, 1999) That Communication 37, Dec. 28, 1999 be received and filed and the temporary appointment of Carmen Pace stated Page 32 00-0111.txt above at the intermediate salary of $9.88 effective on December 9, 1999 is hereby approved. PASSED AYES -13 NOES - 0 NO. 60 APPT.-FIRE LT. (PERM/CONT.) (MAX) (CCP#43-DEC. 28,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 61 APPT.-FIRE LT. (PERM) (MAX) (CCP#44-DEC. 28,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 62 APPT.-FIRE CAPTAIN (PERM/CONT.) (MAX) (CCP#45-DEC. 28, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 63 APPT.-FIRE CAPTAIN (PERM) (MAX) (CCP #46-DEC. 28, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 64 APPT.-FIRE BATTALION CHIEF (PERM/CONT.) (MAX) (CCP#47-DEC. 28, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 65 APPT.-FIRE BATTALION CHIEF (PERM) (MAX) (CCP#48-DEC. 28,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 66 APPOINTMENT DOG CONTROL OFFICER (INTER) (ITEM NO. 64-C.C.P. DEC. 28, 1999) That Communication 64, Dec. 28, 1999 be received and filed and the permanent appointment of Robert Licata stated above at the intermediate salary of $24,322 effective on December 20, 1999 is hereby approved. PASSED AYES -13 NOES - 0 NO. 67 NOTICES OF APPOINTMENTS-TEMP. /PROV. /PERM. (CCP#81 -DEC. 28,99) That the above item be and the same hereby is received and filed. ADOPTED Page 33 00-0111.txt NO. 68 L.L. INTRO #2(1999)-AMENDING CHARTER-CHIEF OF POLICE(#209, 7/15) (CCP #210-July 13, 1999) That the above item be and the same is hereby is received and filed. ADOTPED Finance (Byron W. Brown, Chairman) NO. 69 AUDITED FIN. STATEMENTS-NORTH AMERICARE PK. (COMPT) (CCP#14-SEPT. 8, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 70 RESPONSE-AUDIT-NORTH AMERICARE PK. (STAD/AUD) (CCP#15-SEPT. 22, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 71 A. COPPOLA-ATTEND. FIGURES-NORTH AMERICARE PK. (CCP#72-DEC. 1, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 72 1999-2000 RECOMMENDED BUDGET-NORTH AMERICARE PARK (MAYOR) (CCP#2-FEB. 9, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 73 B. BROWN & O-LOSS OF UNCOLLECTED REVENUE-DUNN TIRE PARK (CCP#59-OCT. 19, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 74 PERF. AUDIT OF DUNN TIRE PARK (COMPT) (CCP#20-DEC. 14, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 75 AUDIT-STADIUM LEASE AGREEMENT REVENUES (COMPT.) (CCP #70June 29,1999) That the above item be and the same hereby is received and Page 34 00-0111.txt filed. ADOPTED NO. 76 AUDIT-A&F/PVB (CCP #67 -DEC 28, 1999) That the above item be and the same hereby is received and filed. ADOPTED NO. 77 REPORT OF AUCTION - 645 WOODLAWN (ITEM NO. 59, C.C.P., JULY 13, 1999) (ITEM NO. 89, 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: Mr. Brown moved that the above item be recommitted to the Committee on Finance. Seconded by Mr. Coppola. ADOPTED NO. 78 REPORT OF AUCTION - 13 LYTH STREET (ITEM NO. 61, C.C.P., JULY 13, 1999) (ITEM NO. 90, 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. Seconded by Mr. Coppola. ADOPTED NO. 79 COMMON COUNCIL CHAMBERS RENOVATIONS (CP) (CCP#18-NOV. 30,99) Mr. Brown moved that the above item be recommitted to the Committee on Finance. Seconded by Mrs. Gray. ADOPTED NO. 80 COMMON COUNCIL CHAMBERS RENOVATIONS-PROJECT UPDATE (CCP#31 -DEC. 28,99) Mr. Brown moved that the above item be recommitted to the Committee on Finance. Seconded by Mrs. Miller- Williams ADOPTED No. 81 Request to Forgive Demolition Costs - Laverne Phillips (Item No. 14, C.C.P., Dec. 28, 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. Seconded by Mr. Bonafacio ADOPTED NO. 82 USE AGREEMENT - NATIONAL FUEL - 166 DART STREET (ITEM NO. 15, C.C.P., DEC. 28, 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 Page 35 00-0111.txt Committee on Finance. ADOPTED NO. 83 WAIVE PERFORMANCE BOND (ITEM NO. 70, C.C.P., DEC. 14, 1999) (ITEM NO. 120, C.C.P., DEC. 28, 1999) That the above item be, and the same hereby is returned to the Common Council without recommendation. That the above item and the same hereby is received and filed ADOPTED LEGISLATION (ALFRED T. COPPOLA, CHAIRMAN) NO. 84 DEANNE PLONKA, PETITION TO USE 1487 MAIN STREET - HUMAN SERVICES FACILITY (ITEM NO. 96, C.C.P., DEC. 28, 1999) That after the public hearing before the Committee on Legislation on January 4, 2000, the petition of Deanne Plonka, owner, for permission to use 1487 Main Street for a human services facility be, and hereby is approved. Passed. Ayes-13, Noes-0 NO. 85 R. ZIELINSKI-APPT.-TO ASSESS. REV. BD. (CCP#23-DEC. 28, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 86 OFFER CITY MISSION CITY ACCT. FOR UTILITY PAYMENTS (CCP#122-OCT. 19,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 87 P. JONES-CONSENT-REVIEW ALBANY CITY MISSION RATES-NIMO (CCP#91-DEC. 14, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 88 PROPERTY PURCHASING BOARD (CCP#158-NOV. 30,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 89 PROPERTY PURCHASING BOARD (COMPT.) (CCP#22-DEC. 14, 99) That the above item be and the same hereby is received and filed. ADOPTED Page 36 00-0111.txt NO. 90 RESTAURANT DANCING CLASS II - 1683 MAIN STREET (ITEM NO, 59, C.C.P., DEC. 14, 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. Seconded by Mr. Brown. ADOPTED. NO. 91 APPT.-PUBLIC COLLECTIONS BD. OF APPEALS (CCP#1-DEC. 28,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 92 REAPPT./APPT.-BD. OF HEARING EXAMINERS (CCP#3-DEC. 28,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 93 REAPPT.-HOME IMP. ADV. BD. (CCP#4-DEC. 28,99) That the above item be and the same hereby is received and filed. ADOPTED NO. 94 OLMSTEAD PARKS CONSERVANCY BOARD OF DIRECTORS APPT. (CCP# 18-DEC. 28, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 95 NOTIF SERIALS #9162, 9166 (CCP#24-DEC. 28, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 96 USED CAR DEALER - 1623 MAIN STREET (ITEM NO. 62, C.C.P., DEC. 28, 1999) That pursuant to Chapter 254 of the City Code, the Director of Inspections, Licenses and Permits be, and he hereby is authorized to grant a Used Car Dealer License to Patricia Prucnal d/b/a Coby's Affordable Cars, located at 1623 William Street. Passed. Ayes-13, Noes-0 NO. 97 A. SCHILLACI-OLMSTEAD PARKS CONSERV-CONTINUE PARTNERSHIP/BET./BFLO. (CCP#95-DEC. 28,99) That the above item be and the same hereby is received and Page 37 00-0111.txt filed. ADOPTED NO. 98 DEBORAH TRIMBLE - BUFFALO OLMSTED PARKS CONSERVANCY (ITEM NO. 97, C.C.P., DEC. 14, 1999) Mr. Coppola moved that the above item be recommitted to the Committee on Legislation. Seconded by Mr. Fisher ADOPTED. COMMUNITY DEVELOPMENT (BEVERLY A. GRAY, CHAIRPERSON) NO. 99 LDA-MAIN-LASALLE PLACE MARKET RATE-NEW HSG. PROGRAM-MARRANO/MARC EQUITY CORP. (ITEM NO. 51 C.C. P., DECEMBER 28, 1999) That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON COMMUNITY DEVELOPMENT. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances-David Pawlik-Deputy Comm.,CD, Bob Hewckel-ORS Associates, Representatives from Marrano Marc Equity. Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Fisher CARRIED. Mrs. Gray moved that the above item be recommitted to the Committee on Community Development. Seconded by Mrs. Grant ADOPTED NO. 100 BMHA KENFIELD-LANFIELD TRANSFERS (CCP#194-JULY 13, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 101 BMHA KENFIELD-LANFIELD TRANSFERS (BMHA) (CCP#90-JULY 27, 99) That the above item be and the same hereby is received and filed. ADOPTED NO. 102 CLOSING OF TOPS MARKET ON GENESEE ST. (EXC. FINAL 2 RESOLVES) (CCP#129-NOV. 16,99) Page 38 00-0111.txt That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 103 By: Mr. Bonifacio HUMAN SERVICES FACILITY 945-951 NIAGARA STREET Whereas: Lake Shore Behavioral Health, Inc. proposes consolidating the El Comienzo Alcohol Program from 508 Niagara Street serving 100 clients, and the Lower West Side Counseling Service from 490 Niagara Street serving 525 mental health clients with the Drug Abuse Services Program at 951 Niagara Street resulting in an additional 625 clients served at this location; and Whereas: In order to accommodate the additional 625 clients, the administrative offices will be moved from 951 Niagara Street to 254 Franklin Street; and Whereas: According to the Permit Office, there is no Use permit on file with the city of Buffalo pertaining to the current Drug Abuse Service Program located at 951 Niagara Street; and Whereas: A number of concerns have been raised by the neighboring community, which includes a day care center and a Buffalo public school regarding the additional 625 clients, as well as the lack of a Use permit which indicates that further investigation is necessary. Now, Therefore, Be It Resolved: That the Common Council recall the item from the Mayor granting the approval of the Restricted Use permit granted to the El Comienzo Alcohol Program (No. 131 CCP Dec. 28, 1999) as well as that granted to the Lower West Side Counseling Service (No. 132 CCP Dec. 28,1999); and Be It Further Resolved: That Item No. 131 and Item No. 132 CCP December 28, 1999 be sent back to Committee; and Be It Finally Resolved: That the management of the El Comienzo Alcohol Program, the Lower West Side Counseling Service, and the Drug Abuse Service Program be invited to attend the Common Council's next legislation committee meeting to answer questions concerning their programs. ADOPT FIRST RFSOLVE, REMAINDER TO THE COMMITTEE ON LEGISI-ATION, THE CORPORATION COUNCIL AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT NO. 104 By: Mr. Brown RECOVERING THE COST OF CLEANING CENTRAL PARK PLAZA Whereas: Central Park Plaza is a privately owned parcel of land in the City of Buffalo; and Whereas: The owner of the Plaza is Central Park Plaza Associates/C.H.B.&S. Management, based in Brooklyn, New York; and Whereas: The Plaza has a history of being poorly maintained by its owner, and area residents are constantly requesting that the City of Buffalo clean illegal dumping, exterminate rodents, and cut high grass and weeds; and Whereas: Because many residents are unaware that Page 39 00-0111.txt Central Park Plaza is privately owned, they blame the City and its employees for the blighted conditions; and Whereas: The Mayor's Impact Team recently cleaned, over a period of a week, 273 tires and 62 tons of debris, from an unsanitary section of the Plaza; and Whereas: When the Mayor's Impact Team began their work, City employees witnessed in excess of 20 rodents scattering at one time; and Whereas: The City of Buffalo should not be expected to continue maintaining private property at a great expense to taxpayers, and residents of the community surrounding the Plaza should not be expected to tolerate the unhealthy conditions that have existed at this site for too long; Now, Therefore, Be, It, Resolved: That the Department of Street Sanitation be requested to bill Central Park Plaza Associates/C.H.B.&S. Management for the cost of removing unsanitary debris from the Plaza; and Be It Further Resolved: That certified copies of this resolution be sent to the Department of Community Development, the Department of Street Sanitation, the Mayor's Impact Team, the Erie County Department of Public Health, the New York State Department of Health. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF STREETS AND THE CORPORATION COUNSEL NO. 105 By: Mr. Coppola ASHLAND AVENUE EXPERIMENTAL TRAFFIC CALMING Whereas: The 200 and 300 blocks of Ashland Avenue are home to 25 children between the ages of 6 months and 15 years, who play outdoors on these blocks every day; and Whereas: Residents see an "accident waiting to happen" since cars drive quickly down Ashland Ave., even when not speeding, and use this street as a way to by-pass Elmwood Avenue; and Whereas:Similar concerns exist on Highland Avenue, which drivers use to avoid heavier traffic on West Ferry Street; and Whereas: The Ashland Avenue Block Club has been working on traffic calming proposals for years and has now requested that a temporary traffic diverter be set up at the intersection of Ashland and Highland as an experiment; and Whereas: The traffic diverter would be an attractive physical barrier in the intersection that forces cars travelling East on Highland to turn North onto Ashland, while cars travelling North on Ashland would be diverted West onto Highland; and Whereas: As proposed, the diverter would be in place for one year, subject to evaluation by the Public Works Department and the neighborhood; and Whereas: Traffic calming is an important -quality of life" and safety issue in many neighborhoods, and, if this diverter experiment is successful., it could provide an important tool for use in other neighborhoods; Now, Therefore, Be It Resolved That: This Common Council supports the request of the Ashland Avenue Block Club to install a temporary traffic diverter for a period of one year; and Be It Further Resolved That: Page 40 00-0111.txt This Council requests the Department of Public Works to cooperate with the Ashland Avenue Block Club in developing a plan, a means of documentation and any specifications necessary to implement the proposed traffic diverter experiment. REFERRED TO THE COMMISSIONER OF LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 106 By: Mr. Fisher USE OF PRIVATE SNOW PLOWING COMPANIES FOR SNOW EMERGENCIES Whereas: The City of Buffalo receives an average of 93" of snowfall per year; and Whereas: In January of 1999, 65" of snow fell in a sixteen day period causing severe traffic problems throughout the City of Buffalo particularly on the side streets; and Whereas: The City of Buffalo has recently purchased 14 pieces of snow removal equipment, bringing the total up to 68 pieces of equipment; and Whereas: The City of Buffalo has also instituted a new Snow Control Plan which includes a new parking system which will help clear streets of parked cars during snow emergencies as well as designating several off street parking lots for use by drivers also during snow emergencies; and Whereas: Despite the purchase of new snow removal equipment and a new parking system devised to facilitate snow removal, a severe snow storm may still overwhelm current resources. Now, Therefore, Be It Resolved: This Council requests the Commissioner of Streets to amend the current Snow Control Plan by creating a city-wide neighborhood system for the utilization of private snow plowing companies for plowing side streets only during snow emergencies; Be It Further Resolved: The plan submitted by the Commissioner shall include cost assessment as well as a detailed description of how the private snow plowing companies will be utilized, specifically a description of which side streets are to be plowed during a snow emergency. REFERRED TO THE COMMITTEE ON THE SNOW REMOVAL TASK FORCE, THE CORPORATIN COUNSEL AND THE COMMISSIONER OF STREETS. NO. 107 By: Mr. Golombek: WAIVE SITE PLAN REVIEW FEE FOR RIVERSIDE PARK PHASE 4A CONCESSION BUILDING CONSTRUCTION. Whereas: The City Planning Board voted to approve the construction of the Riverside Park Concession Building on December 21, 1999; and, Whereas: The City Planning Board considered this matter pursuant to Section 511-137 of the Buffalo Code - City Wide Site Plan Review; and, Whereas: The Riverside Park Concession Building is being built on City owned land utilizing City Bond Fund money; and, Whereas: The Site Plan Review process requires a fee to be paid; and, Whereas: The City is attempting to maximize the cost effectiveness of the Riverside Park Concession Building construction project; and, Therefore: Let it be resolved that: This Common Council Page 41 00-0111.txt approves a waiver of the site plan review fee required for the construction of the Riverside Park Concession Building. Passed Ayes-13, Noes-0 NO. 108 By: Ms. Williams: SALARY ORDINANCE AMENDMENT 50 -DEPARTMENT OF STREET SANITATION 1303 - VERMIN AND ANIMAL CONTROL The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Ordinances of the City of Buffalo, relating to 50 Department of Street Sanitation, 1303 - Vermin and Animal Control which reads: 7 Exterminator $ 23,622 - $ 26,431 Is hereby amended to read: 5 Exterminator $ 23,622 - $ 26,431 2Assistant Exterminator $ 22,500 - $ 24,911 We, PAUL V. SULLIVAN, COMMISSIONER OF STREET SANITATION 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 said position be fixed at the respective amount set forth in the foregoing ordinance. PAUL V. SULLIVAN COMMISSIONER OF STREET SANITATION JAMES MILROY DIRECTOR OF BUDGET APPROVED AS TO FORM Michael Risman Corporation Counsel 01/03/00 ATTACHMENT REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 109 By: Mrs. Williams SALARY ORDINANCE AMENDMENT DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION LIGHTED SCHOOLHOUSE 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 Department of Human Services, Parks & Recreation, Division for Youth, Lighted Schoolhouse that reads: Supervisor - Lighted Schoolhouse (hourly) $5.60 Attendant -Lighted Schoolhouse (hourly) $5.15 Is hereby amended to read: Supervisor - Lighted Schoolhouse (hourly) $6.50 Attendant - Lighted Schoolhouse (hourly) $6.00 We, DANIEL T. DURAWA, COMMISSIONER OF HUMAN SERVICES, PARKS & RECREATION 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 said position be fixed at the respective amount set forth in the Page 42 00-0111.txt foregoing ordinance. DANIEL T. DURAWA COMMISSIONER OF HUMAN SERVICES, PARKS & RECREATION JAMES MILROY, PHD DIRECTOR OF BUDGET APPROVED AS TO FORM Michael Risman Corporation Counsel 01/03/00 ATTACHMENT REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 110 BY: Ms. Williams SALARY ORDINANCE AMENDMENT 05 - DEPARTMENT OF LAW 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 -Department of Law, 1046 - Corporation Counsel that reads: 3 Assistant Corporation Counsel / Municipal Attorney $ 42,283 - $50,106 Is hereby amended to read: 4 Assistant Corporation Counsel / Municipal Attorney $ 42,283 - $50,106 (One position contingent on the continuation of the contract with the Buffalo Board of Education) IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, MICHAEL B. RISMAN, CORPORATION COUNSEL 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 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 12/15/99 ATTACHMENT REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 111 By: Mrs. Lotempio INDEMNIFICATION OF THE BOARD OF EDUCATION AND ACCEPTANCE OF FUNDS FOR THE LIGHTED SCHOOLHOUSE PROGRAMS Whereas: The Division for Youth, located in tile Department of Human Services, Parks and Recreation, will continue to conduct the Lighted Schoolhouse Program in 1999-2000; and Whereas: Approval of the program must be authorized by the Common Council for each location; and Whereas:The Lighted Schoolhouse Program continues to be of Page 43 00-0111.txt great benefit to tile citizens of Buffalo at tile following facilities: Clark gym, School 76, F.L.A.R.E., Traditional, Friends to the Elderly, Science Magnet, Humboldt YMCA, Waterfront, Schools 54, 56, 81, 69, 40, 44, Build Academy, Seneca/Babcock B&G Club, Riverside, First Ward Community Center, Southside, Schools 18, 45, 37, M.L. King, McKinley and Riverside, and Whereas: The Common Council Must accept, oil behalf of the City of Buffalo, the funds allocated by the Buffalo Urban Renewal Agency as follows: $295,299 for programmatic costs for the Lighted Schoolhouse Program. Now therefore be it resolved: That the Common Council authorizes the Department of Human Services, Parks and Recreation, the Division for Youth, various community corporations, civic organizations and other persons, firms, corporations and agencies to conduct Lighted Schoolhouse Programs, provided that each program and its sponsor be first approved and authorized by the Common Council, and that such authorization and approval be allocated to the Buffalo Board of Education; and Be It further resolved: That the city of Buffalo, NY, hereby agrees to indemnify and hold harmless the Board of Education of the City School Districts of the City of Buffalo, NY, for claims arising from the conduct of such Lighted Schoolhouse programs undertaken with prior approval and authorization of the Common Council; and Be it finally resolved: That the Common Council accepts funds allocated by the Buffalo Urban Renewal Agency as follows: $295,299 for programmatic costs. ADOPTED NO. 112 BY: MRS. LOTEMPIO AND MR. BONIFACIO 43RD ANNUAL ALLENTOWN OUTDOOR ART FESTIVAL Whereas: The Allentown Village Society, Inc. ("AVS"), has requested permission to conduct its 43rd Annual Allentown Outdoor Art Festival on the weekend of June I th and I I Th, 2000, and WhereasThe Special Events Advisory Committee, established pursuant to Chapter 414, Special Events, will meet to consider the application of AVS to hold the said 43rd Annual Allentown Outdoor Art Festival; and Now, Therefore, Be it Resolved That Subject to the additional conditions to be established by the Special Events Advisory Committee and those stated herein, the AVS be and it hereby is granted permission to conduct the 43rd Annual Allentown Outdoor Art Festival on the weekend of June I th and 11 th, 2000, between the hours of 11:00 a.m. and 6:00 p.m. on those days; within the events area bounded by Summer Street on the north, Elmwood Avenue and South Elmwood Avenue (east side) on the west, Tracy Street (extended easterly) on the south, and Main Street (west side) on the east; and Be It Further Resolved that Participants within the events area, whether on the public streets or out-of doors on adjacent private property, will be limited as follows: 1. Art or craft exhibitors may be located within the events area on the following streets only: Delaware Avenue between North Street and Tipper Street (east and west sides); Franklin Street between Allen Street and Virginia Street (east and west sides); Allen Street from Elmwood Avenue to Franklin Street (north or south sides); Virginia Street between Elmwood Avenue and Franklin Street (north Page 44 00-0111.txt or south sides); and Edward Street between Elmwood Avenue and Delaware Avenue (south side only). Only art and craft exhibitors selected through the AVS application and selection process shall be permitted. The AVS will select no more than 465 art and craft exhibitors, excluding therefrom the exhibition or sale of so-called "pseudo" art and exhibits of a strictly commercial nature. 2.Concessionaires and vendors within the events area shall be located on the following streets only: Delaware Avenue in the block between North and Allen Streets; Franklin Street in the block between Allen and Virginia Streets; in the vicinity of Edward Street between Virginia and Allen Streets; and Allen Street in the vicinity of Franklin Street, on Allen Street between Park Street and Elmwood Avenue. Such participant concessionaires shall be responsible concessionaires to be selected by the AVS. Consistent with AVS procedure, the AVS will solicit food and beverage concessionaires and vendors from businesses or persons within the area of the Allentown Art Festival as described in the first resolved clause above, reserving for them some of the concessions. The AVS may select and designate a single vendor employing a reasonable number of persons to vend balloons in the events area. The AVS may also select and designate a single vendor to produce and sell Art Festival T shirts, sweatshirts or similar merchandise within the deemed concession C3 areas. All participant concessionaires and vendors are required to comply with all otherwise applicable licensing and health requirements. Notwithstanding the foregoing, nothing herein is intended to limit the usual and customary operations of "Sidewalk cafes" as defined in Section 413-59 of the Code of the City of Buffalo; and Be It Further Resolved That: That radio and television broadcasts from remote broadcast units located outside of a building normally occupied by a radio or television station may be permitted within the events area by the event sponsor. No such remote broadcasts or telecasts she be permitted on the public streets or out-of doors on ad acent private property without the permission of the event sponsor. In no case shall any radio or television station employ blaring loudspeakers or conduct giveaways, sale of merchandise, contests, displays or other promotional activities beyond what is broadcast or telecast over their airwaves in the public street or out-of-doors on adjacent private property during the hours of the event; and Be it finally resolved: Unauthorized participants. The AVS shall provide all participants with suitable identification showing each as an authorized participant in the event. Except as herein above provided, there shall be no other participants within the events area during the event whether on public streets or out-of-doors on adjacent private property, including exhibitors, concessionaires, vendors, performers, promotional activities, fund raising activities, displays of goods or otherwise. Street performers, buskers or similar performers or performances shall not be permitted within the events area. All temporary inflatable devices used to advertise or direct attention to a business, service, product or activity shall also be excluded from the events area. The property of Ascension Church at 16 Linwood Avenue and Westminster Church at 724 Delaware Avenue shall not be subject to the foregoing provisions, provided, however, that neither shall conduct or sponsor any out-of-door Page 45 00-0111.txt activities during the Art Festival event hours without prior approval of the Common Council. The above-mentioned shall not conduct or sponsor any outdoor amusement rides or art and craft show and the third resolved clause of this resolution governing radio and television broadcasts and telecasts shall also be applicable on those properties. PASSED AYES -13 NOES - 0 NO. 113 BY: MS. MARTINO REQUEST ASSESSMENT OF FIREFIGHTING EQUIPMENT FROM THE BUFFALO FIRE DEPARTMENT Whereas: Buffalo Firefighters perform an incredibly important and dangerous job; and Whereas: It is crucial for the health and safety of City residents, as well as the brave men and women who fight their fires, that the City's firefighting equipment be effective, safe, and in good working order; Now, Therefore, Be It Resolved That: This Common Council requests the Fire Commissioner to file a report detailing the condition of the City's firefighting equipment, along with recommendations for replacing the equipment that is no longer conducive to effective and safe firefighting. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF FIRE NO. 114 SUPPORT FOR THE EDWARD M. COTTER FIREBOAT Whereas: The Edward M. Cotter is the oldest working fireboat in the country and a designated National Landmark; and Whereas: The Cotter was originally commissioned in 1900 to replace earlier fire tugs built to battle disasters in the clutter of shipping, grain elevators, flour mills and warehouses along Buffalo's then-booming waterfront; and Whereas: A 100th birthday celebration for the Cotter fireboat is planned during this year's Fleet Waterfest on August 5th and 6th; and Whereas: Despite this Historic Landmark's esteemed history of service to the City, the boat has lapsed in to a state of disrepair; and Whereas: The Cotter is an important and historic local asset and it is crucial to focus attention and resources on maintaining and publicizing the fireboat; and Now, Therefore, Be It Resolved That: This Common Council requests the U.S. Postal Service to issue a commemorative stamp in honor of the 100th birthday of the Edward M. Cotter fireboat; and Be It Further Resolved That: This Council requests the New York State Office of Historic Preservation to file a report with this Council on potential funding sources for maintenance and repair of the Cotter. ADOPTED NO. 115 BY: MRS. MILLER-WILLIAMS ALLOW SHEA'S PERFORMING ARTS CENTER TO RETAIN UNSPEN'R 1998-99 GRANT-IN-AID Whereas:The Common Council appropriated $10,000 in grant-in-aid for the Page 46 00-0111.txt Greater Buffalo Opera Company c/o Sheer's Performing Arts Center For presenting a minimum of two touring operas and resolution of Some of the Greater Buffalo Opera Company's debt; and Whereas:Sheer's Performing Arts Center acted as the passthrough and Financial assistant to the Greater Buffalo Opera Company; and Whereas:The financial difficulties encountered by the Greater Buffalo Opera Company made it impossible for that company or Sheer's to access The grant within the last fiscal year; and Whereas:Sheer's intends to assist a new company and present opera this fiscal year; and, Whereas:Sheer's wishes to spend the $10,000 balance during this fiscal year, and, Whereas:Such retention and expenditure of funds is in the public interest and Consistent with the intent of the funds as originally granted; Now Therefore Be It Resolved: That this Common Council hereby authorizes the extension of the budget to include the $10,000 in this fiscal year's grant budget; and Be It Further Resolved: That this Common Council hereby authorizes Shea's Performing Arts Center to receive and retain the unspent balance of the 199899 Grant-in-Aid for Greater Buffalo Opera Company c/o Shea's Peforming Arts Center. PASSED AYES -13 NOES - 0 NO. 116 BY: BARBARA A. MILLER-WILLIAMS DESIGNATION OF A LOCAL LANDMARK AT 36 NASH STREET Whereas The late Dr. Reverend J. Edward Nash was a community activist and pastor for more than sixty years at the Michigan Street Baptist Church - the first all-African American house of worship in the City of Buffalo. He lived with his family at 36 Potter Street for over thirty years; and Whereas Dr. Nash's home and church was a focal point for other black leaders to meet and Discuss the important issues of the day and how they impacted on the African American community; and Whereas The Michigan Street Baptist Church, which has been continuously owned and occupied by an African-American religious body since it was constructed in 1845, has been listed on the National Register of Historic Places since 1974, while the Nash House has never been nominated; and Whereas The Michigan Street Preservation Corporation has begun to acquire 36 Nash Street, the house where Dr. Reverend J. Edward Nash lived. It is the only remaining building that was occupied by a leader of the early African-American community; and Whereas The Nash Family has agreed to donate a number of artifacts along with the house that tell of the past struggles of the African-American Community and the role Western New Yorkers played in helping fugitive slaves gain freedom by entering into Canada; and Whereas The Michigan Street Preservation Corporation is requesting the City of Buffalo designate the Nash Rouse, Page 47 00-0111.txt located at 36 Nash Street, a local landmark, in order to continue their efforts to establish a research center and museum for future generations; Now, Therefore, Be It Resolved that this Common Council directs Corporation Counsel to prepare the necessary resolution to have 36 Nash Street declared a Buffalo Landmark. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE PRESERVATION BOARD NO. 117 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 filling me with the City Clerk: JERRY A.SESSION PAUL BRUNNER WILLIAM J.BUZAK MICHELLE DABLEWSKI ADOPTED. NO. 118 BY: BARBARA A. WILLIAMS APPOINTMENTS COMMISSIONERS OF ~ DEEDS REQUIRED FOR THE PROPER PERFO=MICE 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 same with the City KAREN R.ELLINGTON GAIL A.AIIKIN JEAN M.EGAN BRIDGET A. CORCORAN NICOLE S.JONES MICHAEL D.BROWN ANGELA MARIE ELMORE ADOPTED UNFINISHED BUSINESS NO. 119 BOND RESOLUTION-$ 5 00,000-POLICE BLDG. (MAIN-TUPPER) (#156-C.C.P., DEC. 28, 1999) 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. Coppola ADOPTED. NO. 120 BOND RESOLUTION-$150,000-RENOVATION PRECINCT 411 (#157-C.C.P., DEC. 28, 1999) 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. Page 48 00-0111.txt Seconded by Mr. Fontana ADOPTED. ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13 1h Floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil ServiceTuesday, Jan. 18, 2000 at 9:30 o'clock A.M. Committee on FinanceTuesday, Jan. 18, 2000 following Civil Service Committee on LegislationTuesday, Jan. 18, 2000 at 2:00 o'clock P.M. Committee on Comm. Dev.Wednesday, Jan. 19, 2000 at 10:00 o'clock A.M. COMMITTEE ON EDUCATION WEDNESDAY, JAN. 19, 2000 AT 2:00 O'CLOCK P.M. Ancillary Meetings Special Mtg. Of Legislation Comm-Hrg. On Emerg. Med. Svs. Bd.-Friday, Jan. 21, 2000 at 10:00 o'clock A.M.-Room 1417. Special Comm. on Telecommunications-Wednesday, Jan. 19, 1999 at 2: 00 o'clock P.M.-Room 1417. ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 4:25 pm Page 49