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Home My WebLink About03-0415No. 8 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO April 15, 2003 MAYOR Hon. Anthony M. Masiello DEPUTY COMPTROLLER Andrew SanFilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE Richard A. Fontana MAJORITY LEADER Rosemarie Lo Tempio COUNCILMEMBERS -AT -LARGE Beverly Gray Charlie A. Fisher III Rosemarie LoTempio DISTRICT COUNCIL MEMBERS MARC A. COPPOLA - DELAWARE BRIAN C. DAVIS - ELLICOTT DAVID A. FRANCZYK- FILLMORE RICHARD A. FONTANA - LOVEJOY ANTOINE M. THOMPSON - MASTEN DOMINIC BONIFACIO - NIAGARA JOSEPH GOLOMBEKJR. - NORTH MARY M. MARTINO - SOUTH BETTY JEAN GRANT - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Marc Coppola, Chairman, Charley H. Fisher III, Joseph Golombek Jr., Mary Martino, Antoine Thompson- Members CLAIMS COMMITTEE: Mary M. Martino, Chairman, Marc A. Coppola, Brian C. Davis, Richard Fontana, Betty Jean Grant - Members COMMUNITY DEVELOPMENT COMMITTEE: Antoine Thompson, Interim Chairman, Dominic J. Bonifacio Jr. Brian C. Davis, Joseph Golombek Jr., Beverly Gray, Rosemarie LoTempio- Members FINANCE COMMITTEE: Betty Jean Grant, Chairman, Marc Coppola, Brian C. Davis, Charley H. Fisher III, David A. Franczyk, Mary Martino- Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, Joseph Golombek Jr., Betty Jean Grant, Rosemarie LoTempio, Members RULES COMMITTEE: James W. Pitts, Chairman Charley H. Fisher III, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Charley H. Fisher III, Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, David A. Franczyk, Beverly Gray, Antoine Thompson; Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty Jean Grant, Joseph Golombek Jr.; Members BUDGET COMMITTEE: Rosemarie LoTempio, Chairman, Richard Fontana, Mary M. Martino, James W. Pitts ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr., Charley H. Fisher III, Joseph Golombek Jr. POLICE REORGANIZATION COMMITTEE: Dominic J. Bonifacio Jr., Chairman, Brian C. Davis, Richard Fontana, David A. Franczyk, Mary Martino, Charley Fisher III. CORPORATION COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, APRIL 15, 2003 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and Council Members Bonifacio, Coppola, Davis, Fisher, Fontana, Franczyk, Golombek, Grant , Martino, and Thompson - 11. ABSENT — Gray, LoTempio - 2 On a motion by Mr. Fontana, seconded by Mrs. Grant, the minutes of the stated meeting held on April 1, 2003 were approved. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 1 MONTHLY REPORT FROM THE DIVISION OF CITIZEN SERVICES - (MAYOR'S HELP LINE - MARCH 2003) Dear Members of the Buffalo Common Council: Attached for your review is a report of service calls received by the Division of Citizen Services for March 2003. Total calls for the month were 1,858, up from 1,307 calls in February 2003, but 270 calls fewer than the 2,128 calls received in March 2002. Categories that received the biggest increases in March compared to February, 2003, were Housing Violations ( +148); Refrigerators ( +52); Garbage ( +174); Tote Request ( +113); Broken totes ( +57); Stolen totes ( +26); and User Fee calls ( +27). All of the increases can be attributed to March having 3 additional days of reporting, compared to February and the start of Spring weather. For instance, historically, Housing Violation calls will increase from March through October, as well as, the garbage related calls; due to residents spending more time out doors, spring cleaning, and the start of the bulk trash pick ups. As always, I hope that this information is helpful. ATTACHMENTS RECEIVED AND FILED FROM THE BOARD OF PARKING NO. 2 RESULTS OF BID OWEN B. AUGSPURGER RAMP ADDITION 102 SUBSTRUCTURE The City of Buffalo Board of Parking advertised for bidders for the substructure for the Owen B. Augspurger addition on March 3, 2002. A public bid opening was held on April 8, 2003 at 11:00 a.m. in the offices of the Board of Parking, 1801 City Hall. The results are as follows: Contract No. 102 - Substructure BIDDERS 1. Louis P.Ciminelli Construction Co., Inc The Cyclorama Building .369 Franklin Street Buffalo, NY 14202 $627,500 2. STS Construction of WNY Inc. 3586 California Rd Orchard Park, NY 14127 $690,220 3. Kenaidan Construction Corp. 430 Lawrence Bell Dr Suite 16 Williamsville, NY 14221 $714,900 4. Fisher Development & General Contracting Inc. 741 Welch Road Java Center, NY 14082 $784,000 5. Sicoli & Massaro Inc. MPO Box 825 Niagara Falls, NY 14202 $794,400 6. Walter S. Johnson Bldg. Co. Inc. 6638 Mooradian Dr P.O. Box 688 Niacyara Falls, NY 14302 $831,500 7. LeChase Construction 300 Trolley Boulevard P.O. Box 60830 Rochester, NY 14606 $8332,000 At this time we recommend the following contract be awarded to the lowest responsible bidder, at the following listed bid: Contractor No. 102 - Substructure Louis P. Ciminelli Construction Co. Inc. The Cyclorama Building PROCEEDINGS 169 Franklin Street Buffalo, NY 14202 -1790 $627,500 The original estimate for this contract was $763,317. Fund for this project are in the Parking Board's bond account 51019036 445100. Mr. Fontana moved: That the above communication from the Board of Parking dated April 8, 2003, be received and filed; and That the Chairman of the Board of Parking be, and he hereby is authorized to award a contract for Owen B. Augspurger Ramp Addition, Contract 102 - Substructure, to Louis P. Ciminelli Construction Co., Inc., the lowest responsible bidder, in the amount of $627,500. Funds for the project are available in the Parking Board's bond account 5101903 6 445 100 - Division of Buildings. PASSED AYES -11 NOES -0 NO. 3 ITEM NO. 80 C. C. P. APRIL 1,2003 B. GRANT P. SEARCY CONCERNS 67 ENGLEWOOD AVE Concerning the above captioned item, the Board of Parking has no jurisdiction in this matter. This item should be referred to Parking Violations. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO.4 DISPOSITION OF 160 JAMES E. CASEY DRIVE NEW BUFFALO INDUSTRIAL PARK REQUEST FOR APPROVAL OF LDA - SPOTLESS FACILITY SERVICES, LLC The City of Buffalo Urban Renewal Agency duly designated Spotless Facility Services, LLC and /or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject buildings. The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for Your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 5 LEASE MODIFICATION EXCELLUS HEALTH PLAN, INC. PORTION OF 853 WASHINGTON] Excellus Health Plan, Inc. as successor in interest to Health Care Plan currently leases 853 Washington Street for parking servicing Univera's facility at 899 Main Street. Hauptman Woodward Medical Research Institute desires to place their headquarters on the northeast portion of the parcel currently leased by Excellus. The premises Hauptman Woodward desires to purchase is denoted as "Future Development 20,000 sq.ft." on the attached map. Under the proposed Lease Modification Agreement Excellus would release approximately 54% of their current leasehold, so that BURA could make the property available to Hauptman Woodward for the construction of their new headquarters. Under the Lease Modification Agreement the base rent paid by Excellus would be reduced 54% based upon the reduction in leased property. Also, under the proposed Lease Modification Agreement, Excellus would be provided the option for two ten year lease extensions subject to a termination clause if the retained premises are selected for the location of a parking ramp. If the termination clause is triggered, Excellus would then be provided replacement parking in the new ramp under the same cost as their current parking provided under their Lease Modification Agreement. If Excellus exercises their options to extend the lease in the proposed Lease Modification Agreement, they would pay 15% rental increases with each term. The Agency has determined that the proposed Lease Modification is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Lease Amendment After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Developer, which the Agency has designated as being qualified and eligible REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 6 OAK STREET REDEVELOPMENT PROJECT NYR- 197 APPROVAL OF CONTRACT FOR SALE OF LAND - 1. 1 ACRES PORTION OF 853 WASHINGTON The City of Buffalo Urban Renewal Agency duly designated Hauptman Woodward Medical Research Institute and /or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel. The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 7 REQUEST TO LEASE 1932 NIAGARA STREET FORMER JUBILEE CENTER The Office of Strategic Planning, Division of Real Estate, has received a request to lease the above captioned property, former Jubilee Center, for storage of antiques from Mr. Charles Leone representing Endless Enterprises, D.B.A. Gothic City, located next door at 1940 Niagara Street. The terms of the lease are as follows: 1 . Lease for one (1) year with option to renew for an additional one -year period. 2. The monthly rental fee will be in the amount of Two Hundred Dollars ($200.00). 3. Tenant will be responsible for all utilities including garbage user fee. 4. Tenant will be responsible for all interior and exterior maintenance and minor repairs to the leased premises. 5. Tenant will provide adequate liability insurance, type and amount to be determined by the Corporation Counsel, City of Buffalo. 6. Tenant shall have the option to purchase the property during the term of the lease. The purchase price to be determined by a Real Estate Appraisal and upon approval of the Common Council, City of Buffalo. 7. Either party may have the option to cancel this lease upon a 30 day written notice of said cancellation. I am recommending that Your Honorable Body approve the request of Endless Enterprises, D.B.A. Gothic City to lease 1932 Niagara upon the above terms and conditions. I am further recommending that the Corporation Counsel prepare the necessary lease agreement and that the Mayor be authorized to execute the same. Mrs. Fontana moved: That the above communication from the Office of Strategic Planning dated April 10, 2003, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to enter into a lease between the City and Endless Enterprises, D.B.A. Gothic City, for lease of 1932 Niagara Street for a one -year with option to renew for an additional one -year period for a monthly rental fee of Two Hundred Dollars ($200.00). That the Corporation Counsel be authorized to prepare the necessary lease with the terms and conditions as listed in the above communication and that the Mayor be authorized to execute the same. PASSED AYES -11 NOES -0 NO. 8 ASBURY DELAWARE REDEVELOPMENT PROJECT APPROVAL OF CONTRACT FOR SALE OF LAND 339 -341 DELAWARE AVENUE 335 DELAWARE AVENUE ITEM NO. 109, C.C.P. 07/24/01 ITEM NO. 165, C.C.P. 10/30/01 ITEM NO. 148, C.C.P. 11/26/02 The City of Buffalo Urban Renewal Agency duly designated Righteous Babe Records, Inc. and /or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel. The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing Resolution approving proposed Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 9 CERTIFICATE OF NECESSFTY CAPITAL BUDGET AMENDMENT AUTHORIZATION FOR ADDITIONAL CAPITAL INDEBTEDNESS We Anthony M. Masiello, Mayor and Andrew A. SanFilippo, Deputy Comptroller, do hereby certify, pursuant to §20 -28 of the Charter, that it is necessary to authorize an increase in indebtedness for Capital Projects Program, provided by the Common Council prior to January 1, 2003 for the ensuing fiscal year, by adding the following item: Capital Projects Public Works - Engineering - South Buffalo Community Center $2,7001000 Dated: Buffalo, NY, April 3, 2003 RECEIVED AND FILED NO. 10 CERTIFICATE OF NECESSIJY INCREASED APPROPRIATION PARKING VIOLATIONS BUREAU We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo, Deputy Comptroller, do hereby certify pursuant to §20 -11 of the Charter, that an increase in the sum of $40,000 in the estimates for the fiscal year beginning July 1, 2002 is necessary in Appropriation Allotments - Parking Violations Bureau, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from an increase of $40,000 in the General Fund City Revenue account 10140015 - 340000 Charges for Collection Services not otherwise appropriated for any other purpose. The details of the requirements are set forth below: To: 11475006 - Parking Violations Bureau 432001 - Auditing Services $40,000 Dated: Buffalo, NY, April 1, 2003 RECEIVED AND FILED NO. 11 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION DEPARTMENT OF POLICE We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo, Deputy Comptroller, do hereby certify pursuant to §20 -11 of the Charter, that an increase in the sum of $118,000 in the estimate for the fiscal year beginning July 1, 2002 is necessary in Appropriation Allotments for the Department of Police - Various, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriations will be met from an increase of $118,000 in the General City Revenue account Org & Obj # 10200030 - 364000 - Deposit of Unclaimed Property not otherwise appropriated for any other purpose. The details of the requirements are set forth below: To: 12000006 - 432003 - Legal Services $3,000 12000006 - 455000 - Printing & Binding $5,000 12021005 - 461201 - Clothing & Uniforms $20,000 12021005 - 461300 - Medical Supplies $10,000 12021006 - 432002 - Medical Services $80,000 Dated: Buffalo, NY, April 9, 2003 RECEIVED AND FILED NO. 12 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION SOLID WASTE ENTERPRISE FUND We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo, Deputy Comptroller, do hereby certify pursuant to §20 -11 of the Charter, that an increase in the sum of $160,000 in the estimates for the fiscal year beginning July 1, 2002 is necessary in Appropriation Allotments - Solid Waste - Auditing Services to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from an increase in the revenue account 52510015 - 340000 Solid Waste - Charges for Services not otherwise appropriated for any other purpose. The detail of the requirement is set forth below: To: 52002606 - Solid Waste - Refuse & Recycling 432001 - Auditing Services $160,000 Dated: Buffalo, NY, April 10, 2003 RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL NO. 13 2003 BUDGET HEARINGS Attached is the Schedule of 2003 Budget Hearings SCHEDULE OF 2003 BUDGET HEARINGS FRIDAY, MAY 2 ND 9:00 A.M. Common Council Chair: PITTS President of the Council City Clerk Vital Statistics 9:30 A.M. Mayor Executive Office of Strategic Planning Div. of Zoning & Land Use Planning Div. of Environmental Affairs Div. Development Div. of Real Estate Div of Intergovernmental Relations Div of Citizens Services 10:30 A.M. Corporation Counsel 11:00 A.M. Assessment 2:00 P.M. B.M.H.A Chair: FRANCZYK MONDAY, MAY 5 th 9:00 A.M. Department of Management Info Systems Chair: LoTEMPIO 9:30 A.M. Department of Administration & Finance Div. of Budget & Mgmt. Services Div. of Parking Enforcement Div. of Treasury Div. of Collections Div. of Purchase Div. of Administrative Adjudication 2:00 P.M. Department of Human Resources Chair: COPPOLA Div. of Employment & Training Div. of Employee Relations Div. of Compensation & Benefits Civil Service Administration Civil Service Appeals Board TUESDAY, MAY 6 TH 7:00 P.M. Board of Education Chair: FISHER 2003 BUDGET HEARINGS SCHEDULE (con't) WEDNESDAY MAY 7 TH 9:00 A.M. Department of Police Chair: BONIFACIO 1:30 P.M. Department of Fire Chair: GOLOMBEK 3:00 P.M. Audit & Control Chair: DAVIS Office of Comptroller Div. of Audit Div. of Accounting THURSDAY, MAY 8 Th 9:00 A.M. Department of Community Services Div. of Senior Services Div. Substance Abuse Services Div. of Youth Div. of Disabled Persons Advocacy Div. of Workforce Employment Training 11:00 A.M. Department of Permit & Inspection Services Chair: FONTANA Permits Licenses Inspections Plan Review 2:00 P.M. Department of Public Works, Parks & Streets Chair: GRANT Div. of Engineering Div. of Buildings Div. of Water Div. of Telecommunications Demolitions Div. of Parks & Recreation Div. of Streets Street Cleaning & Snow Removal Solid Waste Bureau of Animal Shelter Commission on Citizen Rights & Community Relations Chair: THOMPSON FRIDAY, MAY 9TH 9:00 A.M. Board of Elections Chair: GRAY 9:30 A.M. Civic Bodies Chair: GRAY 1:30 P.M. Civic Bodies Chair: GRAY REFERRED TO THE COMMITTEE OF THE WHOLE NO. 14 REQ. WAIVER LLOAD ZONE 50 REFERRED TO THE COMMITTEE ON EDUCATION NORTH STREET Buffalo Hearing & Speech Center wishes to request a waiver of initial fee for a "load zone" at the front entrance of our facility at 50 E. North Street. The "load zone" is being requested on behalf of the adult population with limited mobility due to stroke and head trauma that we serve, as well as our preschool children with disabilities. We thank you very much for your consideration in this regard. It is sincerely appreciated. Sincerely, Janet M. Maher President /CEO Attachment REFERRED TO THE COMMITTEE ON FINANCE NO. 15 Concerns — Boone Park We have learned that the City of Buffalo has acquired support through the New York State Environmental Bond Act for planning and remediation of Boone Park. We noted the report in Sunday's Buffalo News of the award from Governor Patacki of the Grant for Just above $112,000 administered through the New York State Department of Environmental Conservation (NYSDEC). It Was out- understanding, that the Mayor has agreed to close the park, and keep it closed until tile residents' concerns were addressed and we relocated- People are more Important than a mere park, The City is quick to locate and address funding for Cleanup Of their own properties. and non - responsive when it comes to helping the people of this community. Our lives have been and continue to be greatly Impacted by the situation in this area, both in regard to out- health and out economic well- being. Yet, the only, Issues being agressively pursued and pushed forward are the cleanups of vacant, City -owned properties, once again Without the knowledge or input of the community. That being said, we were disappointed that this planning and submission was done with no consultation with residents in the community, and with no consultation with the University at Buffalo's Environment and Society Institute faculty, who have analyzed EPA data related to the arsenic contamination in the Park. We have continually brought it to the Mayor's attention that communication is extremely important to the residents of Hickory Woods. Yet, once, again. We have been left Out of the loop of information, decisions that Impact Our lives. We write to ask consideration for Common Council to ask the NYS DEC if the grant for the park could be expanded to consider the elevated levels of arsenic and other soil contaminants that have been detected in the yards of houses surrounding the park. 'Mere is evidence from the UB studies of contamination in the area that should have been considered before a plan was developed limiting remediation to the park alone. As you know, Dr. Joseph Gardella has prepared mapping results of the arsenic data and the analysis of the data has shown us that areas near the park need to be considered for any actions related to the park. High levels of arsenic in yards immediately surrounding the park are clearly related to the park contamination. We have stood for the development of a comprehensive plan for the neighborhood, which means relocation for those residents who wish, economic relief and remediation for those who wish to stay and participation in the decisions that are made that affect us. This action is another that leaves us out of the Planning, leaving those affected Plan was submitted most to ask for last we appreciate Your consideration and Minute actions that should have been taken before the crisis in Our neighborhood. The support Of Common Council members in our efforts to solve REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS NO. 16 CERTIFICATE OF APPOINTMENT Appointment Effective 3/26/03 in the Department of MIS to the Position of COMPUTER SHIFT SUPERVISOR CONTINGENT PERMANENT APPOINTMENT at the Fifth Step of $39166 Thomas Degennaro, 257 Esser Ave., Buffalo 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS No. 17 Notification Serial # 9598 Truck Route Additions Various Locations TRUCK ROUTE ADDITIONS 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 part of Subsection 2 of Section 40 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: TRUCK ROUTE SYSTEM 1. James E. Casey Drive between Dingens Street and Dead End (entire length). 2. Thielman Street between James E. Casey Drive and South Ogden Street (entire length). are hereby added to the City Truck Route System. This action is being taken in order to update our records to include these roads which were designed and built for industrial /commercial purposes. Notification Serial # 9599 Repeal One -Way Street Direction Orton Place - southeastbound from Pennsylvania Street to Hudson Street Item No. 152, C.C.P. 4/1/03 ONE -WAY STREET DIRECTION - 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 part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: ONE WAY STREET DIRECTION NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT Orton Place southeastbound from Pennsylvania Street to Hudson Street This action is being taken at the request of the Kleinhans Community Association and the Ellicott and Niagara District Councilmembers on the behalf of the petitioning Orton Place residents. (See next 3 serials.) Notification Serial # 9600 Install One -Way Street Direction Orton Place - northwestbound from Saint John's Place to Pennsylvania Street Item No. 152, C.C.P. 4/1/03 ONE -WAY STREET DIRECTION - 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 part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: ONE WAY STREET DIRECTION NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT Orton Place northwestbound from Saint John's Place to Pennsylvania Street This action is being taken at the request of the Kleinhans Community Association and the Ellicott and Niagara District Councilmembers on the behalf of the petitioning Orton Place residents. (See previous and next 2 serials.) Notification Serial # 9601 Install One -Way Street Direction Orton Place - southeastbound from Saint John's Place to Hudson Street Item No. 152, C.C.P. 4/1/03 ONE -WAY STREET DIRECTION - 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 part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: ONE WAY STREET DIRECTION NAME OF STREE DIRECTION OF TRAFFIC MOVEMENT Orton Place southeastbound from Saint John's Place to Hudson Street This action is being taken at the request of the Kleinhans Community Association and the Ellicott and Niagara District Councilmembers on the behalf of the petitioning Orton Place residents. (See previous 2 and next serials.) Notification Serial # 9602 Install Stop Sign in Orton Place at Pennsylvania Street Item No. 152, C.C.P. 4/1/03 STOP SIGNS - 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 part of Subdivision 9 Section I I of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Orton Place Pennsylvania Street This action is being taken at the request of the Kleinhans Community Association and the Ellicott and Niagara District Councilmembers on the behalf of the petitioning Orton Place residents. (See previous 3 serials.) # 9598 to 9600 RECEIVED AND FILED # 9601 to 9602 REFERRED TO THE COMMITTEE ON LEGIS No. 18 Audited Financial Statements Buffalo Municipal Water Finance Authority - years ending 6/3 0/02 & 0 1 Item #26, C.C.P. 4/01/03 1 have reviewed the Audited Financial Statements of the Buffalo Municipal Water Finance Author for years ending June 30, 2001 and June 30, 2002. The statement accurately reflects the financial activities of the Authority for the years audited. The audits will be accepted by the Authority at the next meeting. RECEIVED AND FILED NO. 19 Audited Financial Statements Buffalo Water Board - for years ended 6/3 0/02 & 0 1 Item 427, C.C.P. 4/01/03 The Buffalo Water Board reviewed the Audited Financial Statements of the Buffalo Water Board for years ended June 30, 2001 and June 30, 2002 at their meeting of April 9, 2003. The Board agreed that the financial statements accurately reflected its operations for the years reported, and accepted the report. RECEIVED AND FILED NO. 20 Adelphia Adult Programming Changes No. 59, CCP MAR. 1892003 Adelphia recently announced that it would add one premium channel and several pay - per -view channels with "adult programming" on the digital tier. This represents a change of policy for Adelphia, which had previously declined to carry this type on programming in its systems. The City of Buffalo does not have the authority to mandate to Adelphia what programs it can or cannot carry. Adelphia has made assurances that only subscribers who purchase this programming will have access to it. Additionally, digital technology will enable the company to completely block out the video and audio signals from those homes that do not pay to receive the adult programming. Adelphia has also stated that it will not aggressively promote the programming through TV spots, newspaper ads, etc., but simply make viewers aware of its availability through the digital channel guide. The revenue derived from this programming would be included in Adelphia's gross revenue base, five percent of which is paid to the City of Buffalo. REFERRED TOP THE COMMITTEE ON TELECOMMUNICATIONS AND THE OFFICE OF TELECOMMUNICATIONS No. 21 Report of Bids Delaware Park Playground Improvements I have previously requested and received permission to take bids for the above project, Item 32, CCP 7/10/01. 1 advertised on March 13, 2003 and have received the following bids for the construction of Delaware Park Playground Improvements, which were publicly opened and read on March 27, 2003. ContractorBase Bid Add Alt.1 Titan Development $94,949 $6,550 8534 Seaman Road Gasport, New York 14067 Occhino Corporation $107,439 $7,404 2650 Seneca Street West Seneca, N.Y. 14224 Gleason's Nursery $115,126 $7,510 4780 Sheridan Drive Williamsville, N.Y. 14221 Add Add Add Alt.2 Alt.3 Alt.4 Titan Development $5,050 $10,500 $1,200 8534 Seaman Road Gasport, New York 14067 Occhino Corporation $6,750 $16,679 $5,289 2650 Seneca Street West Seneca, N.Y. 14224 Gleason's Nursery $5,106 $21,699 900 4780 Sheridan Drive Williamsville, N.Y. 14221 Deduct Deduct Deduct Alt.1 Alt.2 Alt.3 Titan Development $15,000 $6,900 $1,800 Occhino Corporation $0 $ 0 $0 Gleason's Nursery $18,736 $9,434 $2,400 Designers Estimate - $110,000 I hereby certify the foregoing is a true and correct statement of the bids received and that Titan Development, 8534 Seaman Road, Gasport, New York 14067 is lowest responsible bidder in accordance with the plans and specifications; in the bid amount of $94,949 plus Add Alternates 1, $6,550; Alternate 2, $5,050; Alternate $$10,500; and Alternate 4, $1,200; for a total of $107,749. 1 request that Your Honorable Body authorize the Commissioner of Public Works Parks and Streets to order the work on the basis of the low base bid and alternate Funds for this work are available in Bond Accounts 36400206, 30339406, and 3564020 Mr. Fontana Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 28, 2003, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract Delaware Park Playground, to Titan Development, the lowest responsible bidder, in the base bid amount of $94,949 plus Add Alternates 1, $6,550; Alternate 2, $5,050; Alternate 3, $10,500; and Alternate 4, $1,200; for a total of $107,749. Funds for the project are available in Bond Accounts 36400206, 30339406, and 35640206. Passed. AYES -11- NOES -0 No.22 Report of Bids Storm Damage Sidewalk Repair - 2002 Phase 11 Group #609 P & J Construction Co., Inc. This is to advise your Honorable Body that I have advertised and received bids for Storm Damage Sidewalk Repair - 2002 Phase 11, Gr. #609. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. This contract will be used to address the most hazardous sidewalk damage. Locations are still being evaluated and rated by their severity and hazard to pedestrian traffic. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid.. The following bids were received: Base Bid Unit Price Increase P & J Construction Co., Inc. $107,700.00 $118,470.00 790 Pleasant View Dr., Lancaster, NY 14086 A.B.P. Concrete Construction, Inc. $111,735.00 $122,908.50 3407 Delaware Ave, Suite 200, Kenmore, NY 14217 C & C Contractors, Inc. $113,425.00 $124,767.50 971 Ransom Road, Lancaster, NY 14086 Sicilia Construction Co., Inc. $119,505.00 $131,455.50 25 Strasbourg Dr., Buffalo, NY 14227 Aragona Construction Corp. $130,800.11' $143,880.12' 5755 Newhouse Rd., Amherst, NY 14051 U30 I International, Ltd. $179,775.00' $197,752.50' 701 Seneca Street, Buffalo, NY 142 10 'Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is P & J Construction Co., Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of S 118,410.00 ($107,700.00 Base Bid + 10% unit price increase S 10,770.00 = Total Award $ 118,470.00 Funds for this work are available in Capital Account #30057406 - 445100. The engineer's estimate for this work is $150,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by May 15, 2003. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Fontana Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 4, 2003, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Storm Damage Sidewalk Repair - 2002 Phase 11 Group #609, to P & J Construction Co., Inc., the lowest responsible bidder, in the amount of $118,410.00 ($107,700.00 Base Bid + 10% unit price increase $10,770.00 = Total Award $118,470.00). Funds for the project are available in Capital Account #30057406- 445100. Passed. AYES -12- NOES -0 No. 23 Change in Contract Change Order No. I P & J Construction Co., Inc., Gr. #606 Contract #92010711 1 hereby submit to our Honorable Body the following unit price additions for the subject contract. This work is being done in conjunction with the construction of the new Tops Market on Jefferson Avenue between Riley and Landon Streets. Change Order #1 Contract Item Description Unit R07.104J Granite Curb - NYSDOT Lin.Ft. Type "C" replacement - 4" x 16" 08.210 Slotted Corrugated Polyethylene Lin.Ft. Underdrain - 4" 8502.5014J Saw cutting asphalt pavement, Lin.Ft. Price Quantity Cost Granite Curb — NYSDOT $30.00 1,000 $30,000.00 Slotted Corrugated Polyethylene $4.00 1,000 $4,000.00 Saw cutting asphalt pavement $3.00 1,000 $3,000.00 Maintenance & Protection of As Nec. $1,110.00 1,110.00 Traffic Fire hydrant replacement $4,000.00 1 $4,000.00 Miscellaneous Construction As Nec. $7,000 -00 $7,000.00 Total $49,110.00 Contract Summary Original Contract Amount $173,270.00 Changer Order #1 $49,110.00 Total Contract $222,380.00 Funds are available in our Capital Projects Account 430032106 -445 100. 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 P & J Construction Co., Inc. Mr. Fontana Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 10, 2003, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to P & J Construction Co., Inc., an increase in the amount of $49,110.00, as more fully described in the above communication, for work relating to the new Tops Market on Jefferson Avenue between Riley and Landon Streets, Contract #92010711. Funds for this project are available in Capital Projects Account #30032106 - 445100 Division of Buildings. Passed AYES- 11 - NOES-0 No. 24 72 -76 Pearl Street Elevated Walkway Within City Right of Way Mr. Drew, J. Gedra and Mr. Earl A. Ketry, owners of the Pearl Street Grill and Brewerv, located at 72 -76 Pearl Street, have requested permission to install an elevated walkway with City, right of way. A similar proposal was approved by Your Honorable Body on April 2, 2002 (C. C.P. # 122) but has since been changed. The original plan called for an elevated walkway connecting the restaurant to outdoor seating at a height of five feet. The new plan calls for the walkway to be elevated at a height of twenty feet. The City Planning Board has approved this revised plan at their meeting of April 8, 2003. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapters 413 -67 (Encroachment Regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said encroachment provided the following conditions are met: 1. That the applicant obtain any and all City of Buffalo permits necessary. 2. That the elevated walkway be installed exactly as shown on plans submitted to and approved by the Department of Permit & Inspection Services. 3. That the applicant be responsible for maintenance of the walkway as long as it remains within City, right of way. 4. That. in the event that the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public. or the needs of the City, said commissioner may order the immediate removal of the encroachment as described in Chapter 413 -67(F) of the City Ordinances. 5. That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel. which will indemnify, and save harmless the City of Buffalo against any and all loss or damage arising out of construction, maintenance. use or removal of said elevated walkway. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE CORPORATION CO No. 25 Extension of Contract - American Water Services Item #32, C.C.P. 02/18/03 In the referenced item, the Common Council agreed with the Buffalo Water Board's extension of their contract with American Water Services for the operation of the water system until March 31, 2003. At their meeting of March 26, 2003, the Board agreed to an additional extension of American Water Services contract through June 30, 2003, or until a new contract is signed. Under this extension, American Water will be compensated at the new negotiated rate. The Water Board is continuing to negotiate with American Water Services, and is also investigating the possibility of returning operations of the system to the City. 1, therefore, request that the Common Council approve of the extension of American Water Services contract until June 30, 2003. Mr. Fontana Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 9, 2003, be received and filed; and That the Common Council does hereby approve the extension of American Water Services contract until June 30, 2003 for the operation of the water system. Passed. AYES -11- NOES -0 No. 26 Extension of Lease - Buffalo River Improvement Corporation At their meeting of April 9, 2003, the Buffalo Water Board authorized an extension of the existing Facility Lease between the Buffalo Water Board and the Buffalo River Improvement Corporation (BRIC). The Board accepted the proposal as presented by Hodgson Russ, attorneys for BRIC dated February 6, 2003 (copy attached). In 1967, the City constructed a waterworks system designed to supply raw water from Lake Erie to be used for cooling and other industrial purposes and discharge into the Buffalo River to provide more flow in the river and to prevent the accumulation of wastes in the river. The City entered into an initial 30 -year contract whereby BRIC operated and maintained the facility and paid the City rent based on the debt service associated with the cost of the original construction. In 1990, the City and BRIC entered into an amended lease, which extended the term of the lease through March 31, 2003. BRIC still owes the Water Board /City $166,619. 10 from the original lease, and as stated in their proposal, they will spread the payment over the term of the new lease. This waterworks system still provides a valuable resource to the City. The flow from the pump station is needed to keep sedimentation from clogging the river. Without a lease whereby BRIC operates the system, the City would be forced to operate the plant at an estimated annual cost of $500,000. According to the Acquisition Agreement between the City and Buffalo Water Board dated September 24, 1992, title to the Buffalo River Improvement Project (10 16 Fuhrmann Blvd.) was transferred to the Buffalo Water Board, and in accordance with Article IX of the Operation Agreement between the City and the Buffalo Water Board dated September 24, 1992, the Board must seek approval of the City to lease any of its system. I, therefore, request that the Common Council authorize the Buffalo Water Board to enter into a new lease with the Buffalo River Improvement Corporation for operation of the Buffalo River Improvement Project in accordance with their proposal. Mr. Fontana Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 9, 2003, be received and filed; and That the Common Council does hereby authorize the Buffalo Water Board to enter into a new lease with the Buffalo River Improvement Corporation for operation of the Buffalo River Improvement Project in accordance with their proposal. Passed. AYES -11- NOES -0 No. 27 Permission to Hire Consultant Fire Department Buildings Condition Survey Permission is hereby requested from Your Honorable Body to retain a consultant to do a Condition Survey of Fire Department Buildings. The survey will quantify the condition of each building's physical components such as roof, walls, plumbing, concrete pavement & asphalt overlay on concrete pavement 12.110 Maintenance & Protection of Lump Sum Traffic 09.930 Fire hydrant replacement Each 90.500 Miscellaneous Construction Lump Sum Unit Estimated Estimated Price Quantity Cost Granite Curb — NYSDOT $30.00 1,000 $30,000.00 Slotted Corrugated Polyethylene $4.00 1,000 $4,000.00 Saw cutting asphalt pavement $3.00 1,000 $3,000.00 Maintenance & Protection of As Nec. $1,110.00 1,110.00 Traffic Fire hydrant replacement $4,000.00 1 $4,000.00 Miscellaneous Construction As Nec. $7,000 -00 $7,000.00 Total $49,110.00 Contract Summary Original Contract Amount $173,270.00 Changer Order #1 $49,110.00 Total Contract $222,380.00 Funds are available in our Capital Projects Account 430032106 -445 100. 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 P & J Construction Co., Inc. Mr. Fontana Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 10, 2003, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to P & J Construction Co., Inc., an increase in the amount of $49,110.00, as more fully described in the above communication, for work relating to the new Tops Market on Jefferson Avenue between Riley and Landon Streets, Contract #92010711. Funds for this project are available in Capital Projects Account #30032106 - 445100 Division of Buildings. Passed AYES- 11 - NOES-0 No. 24 72 -76 Pearl Street Elevated Walkway Within City Right of Way Mr. Drew, J. Gedra and Mr. Earl A. Ketry, owners of the Pearl Street Grill and Brewerv, located at 72 -76 Pearl Street, have requested permission to install an elevated walkway with City, right of way. A similar proposal was approved by Your Honorable Body on April 2, 2002 (C. C.P. # 122) but has since been changed. The original plan called for an elevated walkway connecting the restaurant to outdoor seating at a height of five feet. The new plan calls for the walkway to be elevated at a height of twenty feet. The City Planning Board has approved this revised plan at their meeting of April 8, 2003. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapters 413 -67 (Encroachment Regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said encroachment provided the following conditions are met: 1. That the applicant obtain any and all City of Buffalo permits necessary. 2. That the elevated walkway be installed exactly as shown on plans submitted to and approved by the Department of Permit & Inspection Services. 3. That the applicant be responsible for maintenance of the walkway as long as it remains within City, right of way. 4. That. in the event that the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public. or the needs of the City, said commissioner may order the immediate removal of the encroachment as described in Chapter 413 -67(F) of the City Ordinances. 5. That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel. which will indemnify, and save harmless the City of Buffalo against any and all loss or damage arising out of construction, maintenance. use or removal of said elevated walkway. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE CORPORATION CO No. 25 Extension of Contract - American Water Services Item #32, C.C.P. 02/18/03 In the referenced item, the Common Council agreed with the Buffalo Water Board's extension of their contract with American Water Services for the operation of the water system until March 31, 2003. At their meeting of March 26, 2003, the Board agreed to an additional extension of American Water Services contract through June 30, 2003, or until a new contract is signed. Under this extension, American Water will be compensated at the new negotiated rate. The Water Board is continuing to negotiate with American Water Services, and is also investigating the possibility of returning operations of the system to the City. 1, therefore, request that the Common Council approve of the extension of American Water Services contract until June 30, 2003. Mr. Fontana Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 9, 2003, be received and filed; and That the Common Council does hereby approve the extension of American Water Services contract until June 30, 2003 for the operation of the water system. Passed. AYES -11- NOES -0 No. 26 Extension of Lease - Buffalo River Improvement Corporation At their meeting of April 9, 2003, the Buffalo Water Board authorized an extension of the existing Facility Lease between the Buffalo Water Board and the Buffalo River Improvement Corporation (BRIC). The Board accepted the proposal as presented by Hodgson Russ, attorneys for BRIC dated February 6, 2003 (copy attached). In 1967, the City constructed a waterworks system designed to supply raw water from Lake Erie to be used for cooling and other industrial purposes and discharge into the Buffalo River to provide more flow in the river and to prevent the accumulation of wastes in the river. The City entered into an initial 30 -year contract whereby BRIC operated and maintained the facility and paid the City rent based on the debt service associated with the cost of the original construction. In 1990, the City and BRIC entered into an amended lease, which extended the term of the lease through March 31, 2003. BRIC still owes the Water Board /City $166,619. 10 from the original lease, and as stated in their proposal, they will spread the payment over the term of the new lease. This waterworks system still provides a valuable resource to the City. The flow from the pump station is needed to keep sedimentation from clogging the river. Without a lease whereby BRIC operates the system, the City would be forced to operate the plant at an estimated annual cost of $500,000. According to the Acquisition Agreement between the City and Buffalo Water Board dated September 24, 1992, title to the Buffalo River Improvement Project (10 16 Fuhrmann Blvd.) was transferred to the Buffalo Water Board, and in accordance with Article IX of the Operation Agreement between the City and the Buffalo Water Board dated September 24, 1992, the Board must seek approval of the City to lease any of its system. I, therefore, request that the Common Council authorize the Buffalo Water Board to enter into a new lease with the Buffalo River Improvement Corporation for operation of the Buffalo River Improvement Project in accordance with their proposal. Mr. Fontana Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 9, 2003, be received and filed; and That the Common Council does hereby authorize the Buffalo Water Board to enter into a new lease with the Buffalo River Improvement Corporation for operation of the Buffalo River Improvement Project in accordance with their proposal. Passed. AYES -11- NOES -0 No. 27 Permission to Hire Consultant Fire Department Buildings Condition Survey Permission is hereby requested from Your Honorable Body to retain a consultant to do a Condition Survey of Fire Department Buildings. The survey will quantify the condition of each building's physical components such as roof, walls, plumbing, electrical system and HVAC. The report will identify deficient components and provide cost estimates to correct the problems. The Fire Department has requested this work to help them assess their building inventory. Funds for this work are available in Division of Buildings Account 36322206. REFERRED TO THE COMMITTEE ON FINANCE NO. 28 234 Delaware Avenue Requests Permission to Install Sidewalk Cafe Mr. Brian Ruffino. owner of the Chippewa Street Grille, located at 234 Delaware Avenue, has requested permission to install a sidewalk cafe which would encroach City right -of -way at said address. The proposed cafe would measure 29 feet in length and project 15 feet from the building face into City right- of4vaN. The Department of Public Works. Parks and Streets has reviewed this application pursuant to Chapter 413. Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said sidewalk cafe provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. That the sidewalk cafe does not exceed 29 feet in length or extend more than 15 feet from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right -of -way from November 15 to April I each year. 6. That the applicant be assessed the annual fee of $1.30 per square foot of City, right -of -way occupied by said sidewalk cafe as described in Chapter 413, Article IX Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5.000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD No. 29 391 Washington Street Requests Permission to Install Sidewalk Cafe Mr. John Matteliano, owner of the Lafayette Tap Room, located at 391 Washington Street, has requested permission to install a sidewalk cafe which would encroach City right- of4vay at said address. The proposed cafe would measure 38 feet in length and project 10 feet from the building face into City right -of -way. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works. Parks and Streets to issue a -Mere License" for said sidewalk cafe provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the sidewalk cafe does not exceed 38 feet in length or extend more than 10 feet from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right -of -way, from November 15 to April I each year. 6. That the applicant be assessed the annual fee of $1.30 per square foot of City right -of -way occupied by said sidewalk cafe as described in Chapter 413, Article IX. Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5.000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD No. 30 Certificate of Appointment Appointment Effective: 3/28/03 in the Department of Public Works Streets & Parks Division of Telecommunications to the Position of Deputy Director of Telecommunications Permanent Promotion at the: Flat Starting Salary of: $ $36,100 Christopher Bishop 18 Lexington Ave. Apt. 3ADOPTED Buffalo, NY 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 31 Certificate of Appointment Appointment Effective: 4/1/03 in the Department of Public Works Parks & Streets Division of Streets to the Position of Motor Equipment Maintenance Supervisor I Permanent Promotion Intermediate at the: Starting Salary of: $33,094 Michael Tronolone 430 Huntington Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE I a :IQ LVi& I.I =11115fieLrihri11.1-11 1*] L , I4:ZO] 21611IN o No. 32 Difference in Pay for J. Lysarz This is to notify Your Honorable Body, as a matter of record, this is an informational only in order to comply with the Local 264 Workers Compensation /difference in pay. Joseph Lysarz - Cellblock Attendant - City of Buffalo /Police Date of Injury - 02/07/2003 Workmen's Comp from 02/10/2003 - Present REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 33 67 Englewood We have been working on 67 Englewood. It has been designated a "problem property" by UB and the University Cops Station. Information regarding calls for police service at that location has been forwarded to Betty Jean Grant and a letter has been sent to the landlord. I spoke with Betty Jean Grant today April 4, 2003; she states she has received a thank you letter from the person at 71 Englewood. A vehicle was mini -towed from that location April 3, 2003. All Lieutenants have been notified to have patrol officers monitor the area and issue tags, summonses and City Ordinance tickets as necessary. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF FIRE NO. 34 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE: April 7,2003 IN THE DEPARTMENT OF: Fire TO THE POSITION OF: Fire Lieutenant permanent promotion at the: flat Starting salary of: $56,560 Dennis Brown 477 Olympic 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 35 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE: April 7, 2003 IN THE DEPARTMENT OF: Fire TO THE POSITION OF: Fire Lieutenant permanent contingent promotion at the: flat Starting salary of: $56, 560 Ronald Morganti, Jr. 61 Naples Drive W. Seneca, 14224 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 36 APPOINTMENT EFFECTIVE: April 7, 2003 IN THE DEPARTMENT OF: Fire TO THE POSITION OF: Fire Captain permanent promotion at the: flat Starting salary of: $59,432 Jeffrey Roberts 6818 Milestrip Road Orchard Park, 14127 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 37 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE: April 7, 2003 IN THE DEPARTMENT OF: Fire TO THE POSITION OF: Fire Captain permanent contingent Promotion at the flat Starting salary of: $59,432 Michael Tuberdyke 44 Old Post Lancaster, 14086 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 38 RAMPANT CRIMINAL ACTIVITY AT FILLMORE /PECKHAM" ITEM NO. 152, C.C.P. 3/25/2003_ 1 am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. Building Inspector Vince Ferraraccio inspected the store at 529 -533 Fillmore Avenue in the City of Buffalo on March 27, 2003. A that time this store was told to close because of the lack of a valid license. The owner had owed taxes to the City of Buffalo. When this tax situation is rectified a license will be issued. Currently there is ,working relationship between the Department of Permit and Inspection Services and the Department of Police, Spec] Services Retail Inspections. Chapter 13 1, Certificate of Operation for stores appears to be workable for the Department of Police and The Department of Permit and Inspection Services. On the other hand Chapter 294 on Nuisance Abatemer is not a workable ordinance for the problems at hand. Your Honorable Body is requesting that a plan be instituted t clean up this comer. With out a workable Nuisance Ordinance we will continue to react to bad situations such as 529 -53 Fillmore instead of being proactive in our enforcement of the law. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 39 RESTAURANT DANCE CLASS IIII 884 MAIN Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Restaurant Dance Class 1111 License located at 884 Main and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class 1111 license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Julia Greenwood. The attached thereto for Julia Greenwood d /b /a Roxy's Greenroom. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 40 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE BUFFALO BUILDING TRADE INSPECTORS, LOCAL 2651, AFSCME, AFL -CIO Attached please find the Contract Settlement between the City of Buffalo and the Buffalo Building Trade Inspectors, Local 2651 for the contract period July 1, 2W through June 30, 2004, The Agreement is applicable to approximately 69 employees. It provides for three (3) years c salary increases from July 1, 2001 through June 30, 2004. The parties also agreed to modify provisions relating to identical insurance, health insurance Description drug copays, longevity and auto allowance. There were no new articles added to the contract. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 41 CERTIFICATE OF APPOINTMENT Appointment Effective: April 14, 2003 in the Department of Human Resources, Division of Employee Relations to the Position of Secretary to Commission of Human Resources, Provisional Appointment at the Flat Starting Salary of: $27,734 Jacqueline Keeys - Holston, 177 Hagen Street, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 42 AUDIT CONTRACT PERSONNEL I have completed the audit of contract personnel as per your request dated March 12, 2003. The audit was conducted through application of the twenty common law factors, as suggested by IRS Revenue Ruling 8741, to the contract services provided by both Mr. Daniel E. Kwiatkowski and Mr. Stewart Levy. I have included my internal analysis for the conclusion reached for each contractor. An explanation is provided for each factor, which includes the applicable IRS Revenue Ruling and /or case law reference for your review. After careful review of all of the factors, I have concluded that these individuals are properly treated as contract service providers and not employees as defined by the IRS and are therefore not subject to employment taxes. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT Ia:16Lrilr9:l *d11 WLd44NN NO. 43 APPT. -ASST. CORPORATION COUNSEL (CCP #102 -4/L /03) Attached please CCP# 102 dated 4/1/03 which was neither approved nor disapproved by the Mayor and returned to the City Clerk's Office on 4/14/03. Please be advised that the action on this item is now approved. RECEIVED AND FILED Appointment Ass,- Corp. Counsel /Police (Max) (Pol.) (Item No. 3 I- C.C.P. Mar. 18, 2003) That Communication 3 1 - Mar. 18, 2003 be received and filed and the permanent appointment of Diane T. Gorman stated above at the maximum salary of $66,0 15 effective on March 6, 2003 is hereby approved. NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES No. 44 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 2227 Genesee St Cart -Way Inc Dwayne Cathcart 1239 Niagara St 1239 Niagara St Juliana Ortiz 1503 Hertel Ave LaMarina Seafood Market LaMarina 654 Main St Hippodrome Billiards Hippodrome RECEIVED AND FILED No. 45 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Public Works, Streets & Parks - Jerome Bushen, Robert Ralph, Joseph Lunghino, Sandy Ortolano Police- William Vivian, Kathleen Mayer, Jimmie Pitts Fire- Michael Cassiday RECEIVED AND FILED. No. 46 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. Certificate of Appointment Appointment Effective: March 31, 2003 in the Department of Assessment and Taxation to the Position of Clerk — Seasonal Appointment FLAT Starting Salary of $8.15 /hour Maryann Alongi 87 Rebecca Park Buffalo NY 14207 Certificate of Appointment Appointment Effective: March 17, 2003 in the Department of Assessment and Taxation to the Position of Clerk -- Seasonal APPOINTMENT FLAT Starting Salary of: $8.15 /hour Keiattiaye Chinn 249 Hoyt Street Buffalo NY 14213 Certificate of Appointment Appointment Effective: April 14, 2002 in the Department of Public Works Parks and Streets Division of Streets to the Position of Laborer II Seasonal Non - Competitive at the Flat Starting Salary of $ 8.15 Pasquale Picoyna 96 Amherst Street Buffalo, NY 14207 Michael Tedesco 806 Ashland Avenue Buffalo, NLY 14222 Gearald Brinkworth 47 Marine Drive Apt 11 F Buffalo 14202 Certificate of Appointment Appointment Effective: April 7,2003 in the Department of Public Works, Parks, Streets Division of Parks to the Position of Laborer II SEASONAL APPOINTMENT MINIMUM Starting Salary of $8.15 ph Machin Eric 134 Rano Buffalo 14207 Gonzlaez Joseph 65 Beatrice Buffalo 14207 Nott Philip 54 Clifford Buffalo 14210 Marasco Steven 88 Dakota Street Buffalo 14216 Certificate of Appointment Appointment Effective: April 4, 2003 in the Department of Public Works, Parks and Streets Division of Streets to the Position of Seasonal Laborer II Non - Competitive at the Flat Starting Salary of: $8. 15 David Lomax 107 Spaulding Street Certificate of Appointment Appointment Effective: April 3, 2003 in the Department of Public Works, Parks and Streets Division of Streets to the Position of Seasonal Laborer II Seasonal Non - Competitive at the Flat Starting Salary of: $8. 15 Anthony Nigro 28 Wellington Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 47 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. Certificate of Appointment Appointment Effective: 04/01/2003 in the Department of Administration & Finance Division of Budget to the Position of Administrative Aide PROVISIONAL APPOINTMENT MINIMUM Starting Salary of: $25,005 Earla Raye Kowalewski 99 Vincennes Street Buffalo, NY 14204 Certificate of Appointment Appointment Effective: April 1, 2003 in the Department of Community Services Division of Contract Administration to the Position of Attendant TEMPORARY APPOINTMENT FLAT Starting Salary of $6.00 Gary Damon 501 Doat Buffalo 14211 Certificate of Appointment Appointment Effective: Mach 3,2003 in the Department of Public Works, Parks, Streets Division of Recreation to the Position of Community Recreation Aide Temporary APPOINTMENT MINIMUM Starting Salary of $27,245 James Dempsey 190 Melrose Buffalo 14210 Certificate of Appointment Appointment Effective: April 8, 2003 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Laborer II Temporary Non - Competitive at the: Minimum David Lomax 107 Spaulding Street Buffalo, NY 14220 Certificate of Appointment Appointment Effective: March 31, 2003 in the Department of Public Works, Parks & Streets Division of Water to the Position of Motor Equipment Maintenance Supervisor I Permanent Promotion at the: Minimum Starting Salary of: $35,031.00 Patrick Annunziata 1323 Master Street North Tonawanda, New York 14120 NON - OFFICIAL COMMUNICATIONS NO. 48 D BONIFACIO -ERIE COUNTY POLICE TAKEOVER OF CENTRAL BOOKING Please file the attached correspondence from Police Commissioner Diina regarding the Erie County takeover of central booking, If you have any questions or concerns, please do not hesitate to contact me at 851 -5125. Thank you for your cooperation. Erie County has proposed providing booking and holding services to the Buffalo Police Department for the sum of $937,956. Barring any unforeseen circumstances we anticipate enacting this agreement on or about July 1, 2003. Once the County takes over the cellblock functions, the City can save the following yearly costs: 5 Senior Cellblock positions, 12 cellblock attendant positions $622,495 4 Report Technicians from Central Booking $147,792 FICA, Pension, Dental. Medical. Life insurance for above positions $179,635 Court Transportation Overtime $50,000 Estimated Patrol overtime saved by transferring 3 court transport personnel to Patrol $25,000 Total Saved $1,024,922 This would result in a yearly savings of $86,966. In addition, the City would avoid future capital improvements to the cellblock in police headquarters. Those costs are estimated at $200,000. It should be noted that the 3 Police Officers currently assigned to Prisoner transport would be reassigned to Patrol. As part of the new agreement with the PBA and previous agreements these three transport positions can be eliminated through attrition. This would result in an additional $253,827 annual savings in salary and fringe benefits. The County and Sheriffs Office has agreed to take all permanent Senior Cell block attendants and cell block attendants as employees of the Eric County Sheriffs Office. Our Central Booking Office would still be staffed with 15 Report Technicians to provide take statements from arresting Officers, complainants, and witnesses as -well as prepare all the paperwork required for court. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION NO. 49 M COPPOLA -G HERNDON -JOB SPEC BLDG INSP Can you please file this item for the next Council meeting to be held on Tuesday, April 15,2002. Dear Ms. Herndon -Hill: Referencing "Minimum Qualifications" on Open Competitive and Promotional examines it states that you must be at the skilled craft worker level in one of following building construction trades: Carpenter, Electrician, Glazier, or Plumber. I firmly believe that this should be re- examined and a look at what was in past announcements (prior to 1990) from 1965 -1990 approximate, this announcement stated "Building Trades ". In the past I've expressed this concern, never any true explanation as to this change. For example, a resident of the City of Buffalo, who may be a Bricklayer, (a part of the Building construction Trade) would this individual be qualified? In fairness to all City Residents that are part of the Building Construction Trades, this should be more defined or some may say this is being selective. Your cooperation and respond in this matter is well appreciated. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 50 D. GOODWIN -ARAB DELI STORE I hereby submit for Filing, copies of a letter from Dianna Goodwin, Executive Director of C.V.O Inc. Ms. Goodwin is requesting assistance from the council in solving issues with two Dell Stores in the City of Buffalo. Charley H. Fisher III Council Member at Large Dear Mr. Fisher and Members of the Council: Arab Deli Stores The Community Voice Organization, Inc. would like to bring to your attention of the growing concern once more with the issue of women being accosted by the following two Deli Stores in our community. There have been two complaints of abusive treatment by women; one store located at Cortland and E. Delavan, the other located at 930 Main Street in Buffalo. The Deli located at 930 main Street is one of particular concerns, as the female abused was locked in the store by the males and held against her will. While she had a cell phone in her possession, and it proved critical to her release, it did not produce the results it should have. This was in part due to the lack of police officers not taking a report, and not arresting the men as requested by the victim. There have been incidents of this kind reported in the past and since this may be a pattern of behavior among these Deli owners, we (the community) request that severe penalties be applied to those that practice such abusive behavior. Including the loss of their license. I wish to make note that when I revisited the store at 930 Main Street to present the owner with receipts for the victim's broken glasses, as he requested, he was verbally abusive and threatening towards me. He proceeded to attempt to detain me in the store. He and others used abusive and racially charged verbiage towards me, and referred to others as Niggers and Black Bitches. He further stated that, "if I were in his country, my damn tongue would have been cut out for speaking back ". There are other issues but we need relief and policies in place to protect residents from any abusive person(s). If you need additional information, please contact me at 446 -9008. Sincerely, REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE, THE COMMISSIONER PERMITS AND INSPECTIONS NO. 51 P. GAUTHIER- REQ PERM SET UP PLAYGROUND EQUIPMENT Our block club is in the process of creating a community garden on a vacant lot at 231 Brinkman. Along with the garden we would like to erect. Some playground equipment. We have been working closely with Lovejov District Neighborhood Revitalization Services to secure grants for the garden as well as the playground equipment. This would be wonderfull addition to our neighborhood. It would help foster a sense of community. We have many children in our neighborhood between the ages of,5 and 12. There is no playground for these children to have creative fun and exercise, which we all know is vital for our children. The closest playground in Our neighborhood is Schiller Park. The young children In Our neighborhood cannot, take advantage of this park because of- the distance from Brinkman Avenue. Many, of the mothers of these young children are either working or have infants and are not able to take the time to walk die distance to Schiller Park on a daily, basis. The children are going to be involved with the community garden. They will be given a space to plan, -and take care of their flowers, thereby giving them I sense of ownership responsibility We have many people that have come forward to help us erect and maintain the garden/ plavground. The Brinkinan Avenue Block Club has been in existence since 199 1. We are committed to this project. We have worked hard in the Past 12 ' years and have seen changes for the better in our community. This plavground would help nurture the Sense of community and bring neighbors closer together. Enclosed find pictures of this vacant lot as it sits now and a p1 CLure of -what, we project this vacant lot to look like in the following months. What we need From the City is permission to set up the playground equipment and the necessary insurance that is needed, Your help in this matter is greatly, appreciated. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL NO. 52 B. GRANT- I. LONG INCIDENT - 04/03/2003 ROOM 1508 CITY HALL Please late file the enclosed correspondence for Tuesday, April 15, 2003 Full Common Council meeting. Thank you for your attention to this matter. To Whom It May Concern: April 11, 2003 Formal Hearing Held. Ivory Nicole Long Student Bennett High School - incident of April 3, 2003 1 write this letter as a concerned parent, taxpayer, witness, and now advocate for the children at Bennett High School. It brings the heart much grief knowing what my children [oldest daughter graduated from Bennett] had to endure the type of treatment, misdirected anger /frustration, and questionable leadership through its present principal; Ms. Whittman. For many years I have heard many negative remarks, stories, and accusations made by my children, other students of Bennett, and parents questioning the behavior, actions, integrity, and insensitivity Ms. Whittman displayed. However, I always managed to champion her actions due to the level of responsibility and importance bestowed upon her. This position has changed! On Thursday, April 3, 2003, 1 received a call from my daughter; Ivory Nicole Long- senior at Bennett High School (also recently elected to Senior Class Officer, Freshman Mentor, and Peer Mediator) that she was suspended from school and needed me to come and get her. Upon arriving to school my daughter informed me she was suspended for one (1) day, returning to school on Friday, April 4, 2003, without her parent because she spoke during an emergency procedure by stating; "I'm not letting Mr. Vertino search my purse." However, my daughter also told me she stated; "I will let Mr. Vertino search my book bag, and I will empty all of my pockets for him." At this point, Ms. Wells said to my daughter; "you wasn't suppose to talk, you're getting suspended." Ms. Wells then escorted my daughter to Ms. Horn's Office where she was given an Informal Suspension Notice by Ms. Daniels because Ms. Hom wasn't present. Ivory was then allowed to call home. Having heard what Ivory stated I asked to speak with Ms. Wells. During my wait I was shocked and appalled by the manner and treatment so many students (mostly females) were being searched, intimidated, and treated by Security Staff. Ms. Daniels returned and informed me she could not answer my questions concerning the incident because she wasn't there, but Ms. Wells was. However, she was directed to write the Informal Suspension by Ms. Wells. I then explained to Ms. Daniels of my concerns for the treatment and well being of the students by the Security Staff as well as the fact that I too felt violated in witnessing these acts against them and someone should do something about this. Ms. Daniels stated; "they're told to do that." I then asked Ms. Daniels to please get Ms. Wells so that I could speak with her. My daughter and myself were then escorted to the Main Office where Ms. Wells appeared and began explaining the details of the incident to me. While she was speaking to me Ms. Whittman stormed into the office, made hand gestures, and stated; "don't, don't, don't talk with her." Ms. Wells continued to speak until Ms. Whittman gave her a gesture that clearly demonstrated some for me intimidation to her, which caused her to stop speaking in mid - sentence. Ms. Wells and Ms. Whittman turned their backs to me and walked out of the office together without reason. I then used my cell phone and contacted the Bd. Of Ed. Inquiring about the policy and procedures for search of students. While put on hold from the call, Ms. Whittman returned with Ms. Wells. and Ms. Lockwood (female Security Staff) and directed me and my daughter to her office. Once inside her office, I began to ask Ms. Whittman about the policy and procedures pertaining to the search of students. She became very agitated by question and immediately dialed her phone. Once she was connected, she spoke with someone named Jackson and stated; "I have a student and her parent in my office that needs to know what are the policy and procedures for searching a student." She then, while still standing, handed me the phone and stated; "here, speak with this person, Mr. Jackson and hear what he has to say." While listening to Mr. Jackson, I couldn't help but hear Ms. Whittman begin to verbally abuse my daughter in my presence. She stated everything from making sure Ivory wouldn't graduate this year, to Ivory never finishing to school, to ultimately stating that if Ivory stepped foot on school grounds she would have her arrested. I then hung up the phone on Mr. Jackson and told my daughter not to get upset and that I was her guardian and don't utter a word to Ms. Whittman because while Ms. Whittman was stating all of what she could and would do, to stop my child from finishing school, my child was saying yes, she would finish school, and yes she would graduate. In the midst of this, Ms. Whittman directed Ms.Bumbalo; "get a Formal Suspension for Ivory while her mother's here." Ms. Bumbalo returned with the Formal Suspension and my daughter and myself were escorted out of the school without further incident or discussion... In conclusion, having witnessed and felt first -hand Ms. Whittman's Wrath upon students, staff, and myself as a parent, I formally request of the powers that are able to do so to; explore the possible avenue to provide Ms. Whittman with some form of Behavioral, Decision - Making, and Supervisory Counseling because she would surely be the "poster- child" for being in need of these services. I further state and request that no acts of retaliation of gay form be displayed or lodged against my daughter; Ivory Nicole Long, her friends and classmates, and staff and employees of Bd. Of Ed. Because of their input or concerns in this matter. I thank you for your time and consideration given to this matter and I shall patiently await your response of actions. REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION NO. 53 B GRANT- CONCERNS - TRAFFIC PROBLEMS —MAIN ETC Please late file the enclosed correspondence for Tuesday, April 15, 2003 Full Common Council meeting. Thank you for your attention to this matter. We have lived on East Northrup Place since 2000 and our baby was born here. We would like to ask you to kindly put in a word with the traffic department in our behalf. Our main traffic problems are two -fold and on both ends of the street: -- on the one hand we have a great number of cars cutting through from Main street to Winspear at great speed; - -on the other hand we encounter daily the danger of getting out of Northrup into a fast Winspear traffic with bad visibility. We would like to find a solution for the first problem either by drastically limiting the speed, or prohibiting turning on red, and through traffic for trucks; and on the other end by installing a two -way stop sign on Winspear at the Northrup entrance. This idea seems not to be too far - fetched, since there is a stop sign also at Comstock. A stop sign would enable us to get into Winspear with less danger and at the same time would slow down the traffic on Winspear, the speed of which is forbidding. Thank you very much for helping us. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF POLICE NO. 54 S. GUASTAFERRO -REQ POLICE ASSISTANCE TO ENFORCE NOISE ORDINANCE Dear Councilman Golombek; We have been an organized block club for eight years and except for drug dealing and slum landlords -the worst problem we have , which compromises the quality of life in the B >D >D >A >B >C> is noise. Not children playing or lawn mowers or even street crews repairing things. I mean obnoxious, persistant , pervasive abuse of radios and boom boxes, which make life hell. One cannot sit outside of an evening, when the weather is warm, without being assaulted by this offensive menace. Not only is the teeth wrenching throb of the base horrible (these old houses are like amplifiers -it's frequently louder inside that out) but we are also assaulted by filthy, pornographic lyrics which are more appropriate for a toilet than a civilized neighborhood. We know there is a noise ordinance in place and we expect our police to enforce it. It is depressing to call 911 about noise violations and have the dispatchers treat us like benighted children- wasting the precious time of the police. UNACCEPTABLE H If more attention were paid to stopping "gateway" infractions, like noise and graffiti and vandalism, there are tons of statistics proving that more serious crimes would be prevented down the line. But know this we will not be stopped by bored or indifferent 911 dispatchers -we will demand that our police (who we support) support our neighborhood and enforce the noise ordinance now and for all times. Sincerely, REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION, THE COMMISSIONER OF POLICE AND THE COMMISSIONER OFF PERMITS AND INSPECTIONS NO. 55 M MARTINO - CONTRACTS -E. COTTER AND HUNTINGTON TALL SHIPS April 15, 2003 Please file the enclosed two (2) Contracts for the Council meeting of April 15, 2003. These two (2) Contracts are in reference to the Edward M. Cotter fireboat escort for the Huntington Cleveland Harborfest 2003 and for the Huntington Tall Ships Toledo 2003 events. If you have any additional questions, comments or concerns please do not hesitate to contact me. Sincerely, Mary M. Martino, Councilmember South District REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 56 NATIONAL FUEL -P. PAUL - RELOCATION OF GAS METERS IN COB I received your letter of March 26, 2003 regarding an item from the Common Council's Legislation Committee held on Tuesday, March 25, 2003. This item concerns the relocation of gas meters in the City of Buffalo. As I have addressed this issue several times in the past, I will make every attempt not be too redundant in my response. National Fuel upgrades its infrastructure to ensure safe and reliable service to our customers at all times. I want to take this opportunity to note that public safety and the continued provision of natural gas are our top priorities. National Fuel selects the Company recommended location for meter relocations, taking into account safety and other considerations. Your request was to provide a list of the streets in the City of Buffalo that National Fuel plans to install new meters during 2003. As any Council member can attest to -- as soon as I am made aware of proposed gas line work in the City of Buffalo, I send a letter and a map to the appropriate Council member advising them of streets affected as well as a map showing the location of the work. (See enclosed sample letters that have been sent this year.) Every customer is also sent a letter advising him or her of the planned construction work prior to the start of the project. There are many factors that determine where and when we will be upgrading our infrastructure. These include, but are not limited to, freeze -ups, leaks, age of pipe, and gas outages. The streets that we plan to work on can be altered as the need arises; as soon as the proposed gas line work is confirmed I send out my notifications. This is well in advance of when the work is scheduled to begin. If I can answer any questions in the meantime, please feel free to contact me at 857 -7780. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 57 NEW YORK STATE DEPARTMENT OF TRANSPORTATION DESIGNATION OF RESTRICTED HIGHWAY SIGN REPLACE M ENT-AM HERST ETC Pursuant to Section 104a of the Highway Law the following described highway: Sign replacements on portions of: -6 Routes 1 290; 1 190 to New York 324 New York 263; 1 290 to North Forest Road New York 400 @ U.S. 20 / N. Y. 78 Interchange New York 5; Ridge Road to Buffalo Skyway Kensington Avenue @ New York 5 (Main Street) In the City of Buffalo, Towns of Amherst, Tonawanda and West Seneca, in Erie County which is being reconstructed under Contract No. D258920 is hereby designated as a Restricted Highway. Designation of restricted high shall expire on June 15, 2003. Pursuant to Section 1625 of the Vehicle and Traffic Law all movement of vehicles, persons or animals on such highway is he restricted and regulated in accordance with the determination of the Commissioner of Transportation as evidenced by posted signs, sign or barriers placed along said highway and /or by directions by an authorized representative of the Commissioner of Transportation. Any action taken by the Commissioner of Transportation pursuant to Section 1625 of the Vehicle and Traffic Law shall super any other provisions of the Vehicle and Traffic Law where inconsistent or in conflict with respect to the following enumerated subjects: 1. Establishment of maximum and minimum speed limits at which vehicles may proceed along any such restricted high) 2. Weights and dimensions of vehicles. 3. Use of such restricted highway by pedestrians, equestrians, and animals. 4. Parking, standing, stopping and backing of vehicles. 5. Control of persons and equipment engaged in work on such highway. The provisions of the Vehicle and Traffic Law with respect to registration shall not apply to vehicles and equipment engaged in N on such restricted highways. When used on such restricted highways, all traffic control devices shall be considered as official traffic control devices and conform to the manual and specifications for a uniform system of traffic control devices adopted by the Department of Transportation. RECEIVED AND FILED NO. 58 NEW YORK STATE DEPARTMENT OF TRANSPORTATION DESIGNATION OF RESTRICTED HIGHWAY SIGN REPLACE M ENTS-CONTRACT# D269114 Pursuant to Section 104a of the Highway Law the following described highway: Sign replacement on portions of: Routes 1 -290; 1 -190 to 1 -90 Routes US -219; 1 -90 to Armor buells Road Route NY - 198; 1 -190 to NY 33 Route NY - 400; 1 -90 to NY 78 Robert Moses Parkway at Buffalo Avenue /John B. baly Boulevard in the Cities of Buffalo and Niagara Falls, Towns of Tonawanda, Amherst, West Seneca, Orchard Park Hamburg in Counties of Erie and Niagara which is being reconstructed under Contract No. D259114 is hereby designated as a Restricted Highway. Designation of restricted high shall expire on June 30, 2003. Pursuant to Section 1625 of the Vehicle and Traffic Law all movement of vehicles, persons or animals on such highway is he restricted and regulated in accordance with the determination of the Commissioner of Transportation as evidenced by posted signs, sig or barriers placed along said highway and /or by directions by an authorized representative of the Commissioner of Transportation. Any action taken by the Commissioner of Transportation pursuant to Section 1625 of the Vehicle and Traffic Law shall super any other provisions of the Vehicle and Traffic Law where inconsistent or in conflict with respect to the following enumerated subjects: 1. Establishment of maximum and minimum speed limits at which vehicles may proceed along any such restricted highway 2. Weights and dimensions of vehicles. 3. Use of such restricted highway by pedestrians, equestrians, and animals. 4. Parking, standing, stopping and backing of vehicles. 5. Control of persons and equipment engaged in work on such highway. The provisions of the Vehicle and Traffic Law with respect to registration shall not apply to vehicles and equipment engaged in I on such restricted highways. When used on such restricted highways, all traffic control devices shall be considered as official traffic control devices and conform to the manual and specifications for a uniform system of traffic control devices adopted by the Department of Transportation. Dated: April 81 2003 RECEIVED AND FILED NO. 59 B SANDERS - CONCERNS BIDWELL PARK Dear Councilman Golombek, I live at 169 Bidwell Parkway. I do NOT live on Bidwell Park, despite the fact that the local news media is wont to refer to it as such. As you are probably aware, things have been getting out of hand with the peace demonstrators, They do see Bidwell as a park. They block the street and accost you in your vehicle, attempting to distribute their literature. The third amendment to the Constitution reads: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the fight of the people peaceably to assemble, and to petition the Government for a redress of grievances." These demonstrators are not being peaceful, nor are they respecting my rights as a property owner on a block zoned R -1 to enjoy my residence. I am NOT pro -war, nor am I anti -war. What I am is a citizen who is tired of seeing one of the most beautiful areas abused year after year, while I pay over $5,000 in taxes. As I understand it, activities Bidwell Parkway are under the permit authority of the Department of Parks. I do not feel that permits should be issued to hold events in Bidwell Parkway not with Hoyt Lake and a real park just blocks away. Not only are the residents inconvenienced, but think of the safety aspects of having large groups of people congregate in an area surrounded by traffic. Should anyone be badly injured, some lawyer will make a fortune suing the city of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF I -UBLIC WORKS AND THE CORPORATION COUNSEL NO. 60 A THOMPSON- AN ARTICLE FROM HOWARD HUSOCK OF HARVARD UNIVERSITY REGARDING BIGGER LOCAL GOVERNMENT I am writing to respectfully request that you file a copy of a correspondence from Howard Husock of Harvard University Regarding Bigger Local Government with the Council for discussion at the next meeting, dated March 11, 2003. If you have any questions, please do not hesitate to contact me directly at (716) 85 1 —5145 Attached available for review in The City Clerk's Office. REFERRED TO THE COMMITTEE ON REGIONAL GOVERNANCE NO. 61 A. THOMPSON- A CORRESPONDENCE FROM BRUCE DOVE OF DOVE MINISTRIES Dear Mr. Michaux III I am writing to respectfully request that you file a copy of a correspondence from Bruce Dove of Dove Ministeries with the Council for discussion at the next meeting dated March 1], 2003. If you have any questions, please do not hesitate to contact me directly at (716) 85 1 -5145. Dear Council Member Thompson; I am writing this letter because I am interested in two major structures that are located within the city of Buffalo: The Old Auditorium and the Convention Center, both located in Downtown Buffalo. My first choice would be to purchase the Auditorium. However; If that were not available, I would also be interested in the Buffalo Convention Center. My plans for use of these structures are for both religious and business purposes. My reasons for contacting you about this matter is that I recognize the diligence you have given in your position as Masten Council member, the success you have achieved in that position, and I believe that you could provide me with information that would help me obtain ownership of the properties. I am looking for information on who currently holds the properties, what are their availabilities for private purchase and what steps I would need to take in order to start the process. I am also interested in information on any types of grants that might be available to the purchaser. I look forward to hearing from you on this matter. I can be contacted by telephone at (716) 835 -4594 after 6pm, or (716)- 837 -1112 between the hours of 2pm -6pm or by e-mail at itsdonedp @ aol. com Written correspondence can be mailed to: Dove Ministries Inc. C/O Bruce Dove /President 130 Shirley Avenue Buffalo, New York 14215 REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE CONVEN CENTER BOARD NO. 62 A THOMPSON -AN INVOICE FROM D &D PLUMBING I am writing to respectfully request that you file a copy of an invoice from DM -Q -D Plumbing with the Council for discussion at the next meeting dated March 11, 2003 If you have any questions, please do not hesitate to contact me directly at (716) 85 1 -5145. REFERRED TO THE CITY CLERK AND THE CORPORATION COUNSEL NO. 63 A. THOMPSON- REBUILDING NEIGHBORHOODS I am writing to respectfully request that you file the following item(s) with the Council for discussion at the next meeting dated April 15, 2003, If you have any questions, please do not hesitate to contact me directly at (716) 8 51 -5145. Attached article available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE DIRECTOR OF STRATEGIC PLANNING NO. 64 LEONARD & JOE VALVO- CONCERNS NOISE AIR POLLUTION ETC. TOPS MARKET NIAGARA ST As owner's of 455 - 459 Niagara Street in The City Of Buffalo NY we request to put on the Council Floor why a buffer zone was not put in around our property, by law it is our understanding that some type of easement was to be placed around our property for reduction of noise pollution - air pollution and structural easement due to excessive deliveries coming from the New Tops Niagara Street Market. Since operation our property has been vibrating from truck traffic, opening of windows on the second floor has brought upon our residents diesel fumes as well as the loud noises of daily deliveries. We have already encountered structural damage due to the 4 month construction of the building. We are established as a commercial residential property we believe that some kind of restitution or, compromise be discussed on the Council Floor. It is our understanding of The City Charter as well as New York State Regulations that their has been a miscommunication in the planning of said new facility. We are currently suffering by this mass facility next to out property. We request that clarifications be made through proper channels to discuss this serious issue. Examples of other major super markets in various parts of Erie County seem to have planned these type of proper easements between their neighboring properties Thank You for your time. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL NO. 65 J. WILLIAMS -AUDIT OF UTILITY BILLS MEMORANDUM FOR THE CITY OF BUFFALO Amendment to Resolution 316 - Mr. Coppola We are seeking an amendment to Resolution 316 -- Audit of Utility Bills for the City of Buffalo filed on April 1, 2003. The amendment we are seeking would exclude street lighting from the audit. This exclusion would allow the current audit of street lighting, by Niagara Mohawk and the City that has already started to continue. The amendment would allow for a much faster process and allow the city to receive all proceeds from the impending audit. Any action on street lighting at this point from an outside contractor could potentially slow the process. Street lighting is an extremely complicated business and we believe that the City's Public Works Department and Niagara Mohawk have created a very good working relationship that will provide for a much more accurate and timely audit process. It is in the city's best interest to audit all utilities' charges and rates. This process is important, especially when dealing with multiple accounts. All we ask is to allow for an exclusion of street lighting from this resolution so, in conjunction with the city, we may continue the process we have started. For your convenience, I have attached a letter from February 18, 2003 that discusses the scope of our work. To date we have completed field surveys of approximately 6,000 of the city's approximately 30,000 lights. Thank You for your time and I look forward to answering any questions you may have regarding this issue. REFERRED TO THE COMMITTEE ON FINANCE 1 »1111[*LF� NO. 66 OSCAR SMUKLER, AGENT, USE 1472 HERTEL FOR A TAKE -OUT RESTAURANT (HRG. 4/22) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 67 C. BROUTIK, AGENT, REZONE 120 -156 S. ELMWOOD FROM R3, DO & CM TO CM FOR AN OFFICE BUILDING. (HRG. 4/22) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 68 D. GENOVESE, OWNER, USE 1121 ELMWOOD, TAKE OUT RESTAURANT (HRG 04/22) REFERRED TO THE COMMITTEE ON LEGISLATION, STRATEGIC PLANNING, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL NO. 69 THOMAS H. CALEY, JR., AGT., USE 70 EASTWOOD FOR EXTERIOR AND INTERIOR I M PROVE M ENTS-CANISTUS COLLEGE (HRG. 4/22) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 70 WHITE ROCK BAPTIST CHURCH F DANIEL @ OTHERS REQ REV DR IVORY DANIELS WAY The White Rock Missionary Baptist Church family is seeking to designate /dedicate the section of East Utica Street between Wohlers and the West side of Humboldt in honor of our Pastor, the Reverend Dr. Ivery Daniels. The White Rock Missionary Baptist Church has been a fixture in the community since 1977 and has been guided by the spiritual leadership of Rev. Daniels for over'15 years. Rev. Daniels is a community leader who has devoted much of his time helping the surrounding neighborhood. Some of the initiatives he has undertaken include the development of a community garden as well as the purchase and maintenance of various vacant properties in the area. We wish to recognize Rev. Daniels for his committed service. In order to dedicate the section of East Utica Street between Wohlers and Humboldt Parkway, which will read: "Rev. Dr. Ivery Daniels Way" the White Rock Missionary Baptist Church family is seeking your support. We are asking that you sign the attached petition in support of our project. Please note that this request will have no impact of your current mailing address. You will continue to use East Utica as your address. The White Rock Baptist Church family thank you in advance for your support. For more information on the accomplishments of Pastor Daniels, please feel free to read the attached biography. If you have any questions pertaining to this request, please feel free to contact any member of the Trustee Board or Women's Department at 882 -1356. Respectfully White Rock Missionary Baptist Church Trustee Board REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS REGULAR COMMITTEES CLAIMS COMMITTEE (MARY M. MARTINO, CHAIRPERSON) NO. 71 Al TO A6 PERSONAL INJURY That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: A. 1. Anthony Bobbitt $10,000.00 A. 2. Rebecca Cunningham $ 1,500.00 A. 3. Anna Cutrona $30,000.00 A. 4. Mohamed & Saleha Elbanna $ 5,000.00 A. 5. Ethel P. Sutton $ 2,500.00 A. 6. Horace Witt, Jr. $ 4,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES -11 NOES -0 NO. 72 B1 TO B3 RECOMMENDED BY THE COMMITTEE ON CLAIMS PROPERTY DAMAGE That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B.1. Albert R. Howard, 152 Lincoln Parkway, 14222 This is a claim for damages sustained to a 2002 Toyo Highlander on January 2,2003 while parked behind City Hall. $912.99 B.2. Donald McCoy, 66 Custer Street, Apt. 244, 14214 This is a claim for reimbursement of a 1994 Chrysler Concorde Sedan, which was sold by the City on March 12, 2003. $1,500.00 B.3. New York Central Mutual, As Subrogee of John S. Eberle This is a claim for repair of a window, awning, fence and replacement of a ladder which were damaged on November 20, 2002. $858.82 That a check be drawn on the account of Org 1 221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite t1loir names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES -11 NOES -0 B-4 PROPERTY DAMAGE - NYS PUBLIC EMPLOYEE SAFETY & HEALTH VIOLATION That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Martino moved: That the above claim be and hereby is recommitted to the Committee on Claims. ADOPTED NO. 74 B. 5 -7 PROPERTY DAMAGE That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B. 5. Patricia Piazza, 39 Tennyson Avenue, 14216 This is a claim for damages to a side view mirror, which was damaged by a large garbage tote on March 1, 2003 on Taunton Avenue. $233.01 B. 6. Joseph Reznik, 109 Brinton Street, 14214 This is a claim for damages to a 1998 Honda Accord on February 5,2003 in the driveway of 109 Brinton Street. $576.01 B. 7. Victor Santiago, 2325 Clifford Avenue, Rochester 14609 This is a claim for reimbursement of personal affects which were discarded by the Buffalo Police Department on November 16,2002. $300.00 That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES -11 NOES -0 NO. 75 B -8 PROPERTY DAMAGE - MELVIN THOMAS That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Martino moved: B. 8. Melvin Thomas, 5 Rosedale Street, 14207 This is a claim for reimbursement of a 1989 Cadillac Eldorado, which was auctioned by the City of Buffalo on January 29, 2003. $2 That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES -11 NOES -0 NO. 76 B. -9 PROPERTY DAMAGE That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B. 9. John T. Williams, 160 Rebecca Park, 14207 This is a claim for damages to a 1995 Cadillac Eldorado sustained on June 7, 2002, on Rebecca Park. $200.88 That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES -11 NOES -0 NO. 77 C -1 MISCELLANEOUS INVOICES That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid: C 1. Erie County Health Department, 95 Franklin Street, 14202 This is a claim for payment of a prior fiscal year invoice to the Erie County Health Department from the Buffalo Police Department. NO. 73 That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES- 11 NOES-0 NO. 78 C -2 MISCELLANEOUS INVOICES That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid: C. 2. Ken's Express Stop, 74 Franklin, This is a claim for payment of a prior fiscal year invoice , Ken's Express Stop at 74 Franklin Street for the two -(2) newspapers that the Buffalo Police Department receives daily DENY Mrs. Martino moved that the above item be and hereby is denied ADOPTED AYES — BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, MARTINO, THOMPSON — 10 noes — PITTS - 1 CIVIL SERVICE (MARC A. COPPOLA, CHAIRPERSON) NO. 79 APPOINTMENT CAULKER SUPV. I (INTER) (PW) (ITEM NO. 46-C.C.P. APR. 1, 2003) That Communication 46, Apr. 1, 2003 be received and filed and the provisional promotion of Izydor Karbowski stated above at the intermediate salary of $37,357 effective on March 17, 2003 is hereby approved. PASSED AYES -11 NOES -0 NO. 80 APPOINTMENT CAULKER SUPV. (INTER) (PW) (ITEM NO. 47-C.C.P. APR. 1, 2003) That Communication 47, Apr. 1, 2003 be received and filed and the provisional promotion of Micheael Rainero stated above at the intermediate salary of $37,357 effective on March 24, 2003 is hereby approved. PASSED AYES -11 NOES -0 NO. 81 APPT. -ASST. OPERATIONS SUPV. (MAX) (A &F) (CCP #57 -APR. 1, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 82 APPT. -HEAD TELLER (INTER -4) (A &F) (CCP #58 -APR. 1, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 83 NOTICES OF APPT.- TEMP. /PROV. /PERM. (C. CLK.) (CCP #69 -APR. 1, 03) That the above item be and the same hereby is received and filed. ADOPTED Finance (Betty Jean Grant, Chairperson) no. 84 User Fee System (Compt.) (CCP# 13 -Mar, 4, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 85 User Fee System (PW) (CCP#45 -Apr. 1, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 86 Audit. Fin. Sts. -Bflo, Water Finance Auth. -Yrs. Ended 6/30/02 & 02 (Compt.) (CCP #26 -Apr. 1, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 87 Audit. Fin. Sts. -Bflo. Water Bd. -Yrs. Ended 6/3 0/02 & 0 1 Rpt. Indep. Audit. (Compt.) (CCP #27 -Apr. 1, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 88 Sale of COB Tax Liens to NYS Municipal Bond Bank Agency (Assess /Tax) (CCP #17 -Mar. 4,03) That the above item be and the same hereby is received and filed. ADOPTED No. 89 A. Thompson - Indep. Contr. /Emplys.: Do You Know One When You See One? (CCP #54 -Feb. 4, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 90 Contract Personnel (BERC) (CCP #59 -Dec. 26,02) That the above item be and the same hereby is received and filed. ADOPTED No. 91 Contract Personnel (BERC) (CCP #27 -Feb. 4,03) That the above item be and the same hereby is received and filed. ADOPTED No. 92 R. LoTempio- Employees Contracts -BURR, BNRC & BERC (CCP #34 -Jan. 7, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 93 City of Buffalo and The Buffalo Sabers (CCP #93 -Jan. 7, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 94 Increase Penalty for Illegal Dumping (PW) (CCP #13 -Dec. 10, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 95 HSBC Arena Traffic Control (Exc. Fin. Res.) (CCP #156 -Jan. 21, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 96 P. Gallivan -HSBC Arena Traffic Control (CCP #81 -Apr. 1, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 97 COB Employee- Direct Deposit (Compt.) (CCP #11 -Mar. 18,03) That the above item be and the same hereby is received and filed. ADOPTED No. 98 Direct Deposit of Payroll (A & F) (CCP#45 — Mar. 18,03) That the above item be and the same hereby is received and filed. ADOPTED No. 99 J. McDuffie - Req. Closure of Sale - 241 Cedar Street (B. Davis) (Item No. 64, C.C.P., Oct. 15, 2002) (Item No. 114, C.C.P., Apr. 1, 2003) Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 100 Closure of Sale - 241 Cedar Street ( Strat. Plan.) (Item No. 6, C.C.P., Nov. 12, 2002) (Item No. 115, C.C.P., Apr. 3, 2003) Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 101 Comments Sale - 241 Cedar Street (Item No. 63, C.C.P., Feb. 18, 2003) (Item No. 116, C.C.P., Apr. 1, 2003) Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED Legislation (Richard A. Fontana, Chairman) NO. 102 E. Bodine, Petition to Use 300 Elmwood Avenue - Restaurant Addition (Item No. 9 1 C.C.P., Apr. 1, 2003) That after the public hearing before the Committee on Legislation on April 8, 2003, the petition of E. Bodine, agent, for permission to use 300 Elmwood Avenue for a restaurant addition and hereby is approved. PASSED AYES -11- NOES -0 NO. 103 K. Krauss, Petition to use 197 Allen a /k /a 100 Elmwood - Take -out Restaurant (Item No. 92, C.C.P., Apr. 1, 2003) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. No. 104 J. Rumsey, Petition to Rezone 18 Ramsdell Avenue (Item No. 94, C.C.P., Apr. 1, 2003) That the Common Council of the City of Buffalo does hereby ordain as follows: That part of the Zoning Ordinances of the City of Buffalo, Section 511 -126 of Article XXV of Chapter 511 as it relates to the use map thereof be amended to show a "C2" Commercial District rather than a "R -2" Residential District for the premises known as 18 Ramsdell Avenue, and more particularly described as follows: SCHEDULE A - DESCRIPTION ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York, being part of Lot No. 87, Township 11, Range 8 of the Holland Land Company's Survey and according to map made by William B. Gester for the Delaware Avenue Land Company and filed in Erie County Clerk's Office under Cover No. 32 1, is known as subdivision Lot No. 10, described as follows: BEGINNING at a point in the southerly line of Ramsdell Avenue one hundred twenty (120) feet westerly from the intersection of said southerly line of Ramsdell Avenue with the westerly line of Delaware Avenue (as a 66' wide street): THENCE westerly along said southerly line of Ramsdell Avenue forty (40) feet; THENCE southerly at right angles with the last above mentioned course one hundred twenty (120) feet; THENCE easterly at right angles with the last above mentioned course and parallel to said southerly line of Ramsdell Avenue forty (40) feet; THENCE northerly at right angles with the last above mentioned course one hundred twenty (120) feet to the place of beginning. This rezoning shall be effective providing the following conditions are met: That this rezoning shall not be effective unless and until a certified copy thereof has been filed by the petitioner in the offices of the Erie County Clerk's Office and proof of such filing is submitted to the City Clerk's Office. That this rezoning will not be effective until such conditions as set by the City Planning Board are met. That this Common Council finds this action to be an Unlisted Action under the S.E.Q.R. Act and adopts petitioner's findings such that no further environmental review is required Linder said Act. It is hereby certified, pursuant to Section 3 -19 of the Charter that the immediate passage of the foregoing ordinance is necessary. Passed AYES -11- NOES -0 NO. 105 J. Zack, Petition to Use 1081 Elmwood Avenue - Prep Kitchen (Item No. 95, C.C.P., Apr. 1, 2003) That after the public hearing before the Committee on Legislation on April 8, 2003, the petition of J. Zack, agent, for permission to use 1081 Elmwood Avenue (Pano's) for a prep kitchen be, and hereby is approved. Passed. AYES -11- NOES -0 NO.106 B. Chase, Petition to Use 534 Elmwood Avenue - Restaurant with Outdoor Patio (item No. 96, C.C.P., Apr. 1, 2003) That after the public bearing before the Committee on Legislation on April 8, 2003, the petition of B. Chase, agent, for permission to use 534 Elmwood Avenue for a restaurant with outdoor patio be, and hereby is approved with the following conditions: I . That the outdoor patio closes at 11:00 p.m. 2. That there are no outside receptacles for trash allowed on the outdoor patio. 3. That there be no outside music provided on the outdoor patio. 4. That this petition is subject to the approval of the City Planning Board and the Department of Public Works, Parks and Streets. Passed. AYES - 11 3- NOES -0 No. 107 Appt. /Reappt.- Members -Pest Mgmt. Bd. (A4ayo,) (CCP# I -Mar. 18, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 108 Rev. of Nominees - Appt. /Reappt. -Pest Mgmt. Bd. (Law) (CCP #52 -Apr. 1, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 109 Req. Ord. Amend. To Create a Distinct Code Violation for Littering (CCP #120 -Mar, 4,03) That the above item be and the same hereby is received and filed. ADOPTED No. 110 Discuss Term Limits for Elected Officials (CCP# 141 -Oct. 29, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 111 I Golombek -Info. -Term Limits (CCP #68 -Nov. 26, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 112 B. Davis -W. Jones - Concerns - Parking Spaces- Chippewa St. (CCP#49 -Jan. 21, 03) That the above item be and the same hereby is ADOPTED No. 113 Rev. R. Stewart- Durham Mem. AME Zion Ch. -Str. Pkg. -E. Eagle St. (Mch. /Pine) (CCP #66 -Mar. 4,03) That the above item be and the same hereby is received and filed. ADOPTED No. 114 Rev. R. Stewart- Durham Mem. AME Zion Ch. — Str. Pkg. — E. Eagle St. (Mich. /Pine) (A & F) (CCP #46 — Mar. 18, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 115 Notification Serial #9594 -96 (Item No. 17, "C.C.P., Mar. 18, 2003) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana Moved: To send the above item to the Taxi Cab and Livery Committee. ADOPTED NO. 116 Change in the direction of traffic on Orton Place (Item No. 152, C.C.P., Apr. 1, 2003) That the Common Council of the City of Buffalo grant permission to make Orton Place a one -way street running northerly from St. John's Place to Pennsylvania Street and a one -way street running southerly from St. John's Place to Hudson Street; and That this change will preserve the intent of the original Normal Avenue change; and That the change will preserve the quality -of -life for Orton Place residents. Adopted. NO. 117 A. Thompson- Kensington Expressway (CCP #88 -Apr. 1, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 118 A. Thompson -J. Laping -Pres. Bd. - Replace. -Gas Meters -Hist. Pres. Dist. (CCP #63 -Dec. 10, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 119 W. Hurst -Leg. Counsel -Pres. Leag. Natl. Fuel Gas -Gas Meters In Hist. Dist. (CCP #55 -Nov. 12,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 120 Placement of Gas Meters in Historic Districts (Pres. Bd.) (CCP #5 -Mar. 18,03) That the above item be and the same hereby is received and filed. ADOPTED No. 121 Gas Meters in Hamlin Park (Law) (CCP #34 -Mar. 18, 2003) That the above item be and the same hereby is received and filed. ADOPTED NO. 122 Restaurant Dancing Class III- 1108 -1110 Elmwood Avenue (item No. 53, C.C.P., Apr. 1, 2003) That pursuant to Chapter 150 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Restaurant Dancing Class III License to Dominic J. Massaro, d /b /a Mr. Goodbar (The Yellow Dogg, Inc.), located at 1108 -1110 Elmwood Avenue. Passed. AYES- 11 - NOES-0 NO. 123 Secondhand Dealer - 1588 Hertel Avenue (Item No. 54, C.C.P., Apr. 1, 2003) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Secondhand Dealer license to Fred Prozeralik d /b /a Fred Prozeralik Antiques located at 1588 Hertel Avenue. Passed. AYES -11- NOES -0 No. 124 Used Car Dealer License - 301 Bailey Avenue (Item No. 55, C.C.P., Apr. 1, 2003) That pursuant to Chapter 254 of the City Code, the Commissioner of Pen -nit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to Michael Milosevski, d /b /a Milo's Auto Sales Inc., located at 301 Bailey Avenue. Passed. AYES -11- NOES -0 No. 125 Establishing "Speed Zone" around schools located in the City of Buffalo (Item No. 115, C.C.P., Dec. 11, 2001) (Item No. 133, C.C.P., Jan. 21, 2003) That the Commissioner of Public Works, Parks and Streets file a report with the full Common Council, as to the appropriate signage, cost and time for citywide implementation; and That a copy of this resolution be sent to the Board of Education and all non -Board of Education schools located in the City of Buffalo. Adopted. No. 126 B. Grant -D. Mims - Concerns -53 Leonard St. (CCP #78 -Apr. 1, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 127 B. Grant — P. Searcy — Concerns — 67 Englewood Ave. (CCP #80 — Apr. 1, 03) That the above item be and the same hereby is received and filed. ADOPTED Community Development (Antoine M. Thompson, Chairman) No. 128 Seneca Babcock Redevelopment Project -Urban Renewal Plan (CCP #/153- 04/01/03) 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 Mr. Fontana seconded by Mr. Franczyk the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances — T. Mallery, 1294 Seneca St. Residents of Seneca Babcock Area. Names on Council tape. Mr. Fontana now moved that the hearing be closed. Seconded by Mr. Franczyk CARRIED. Seneca Babcock Redevelopment Project Urban Renewal Plan (Item No. 153, C.C.P., Apr. 1, 2003) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana Moved: 1. That the "Seneca Babcock Redevelopment Project Urban Renewal Plan ", as prepared by the Office of Strategic Planning, and as approved by the City Planning Board and the Buffalo Urban Renewal Agency, be and the same is hereby approved; and 2. That the Urban Renewal Plan Project area is substandard and tends to impair or arrest the sound growth and development of the municipality; 3. That the Plan as herein approved has been duly reviewed and conforms to the comprehensive plan for the development of the municipality and the community as a whole; 4. That the plan affords maximum opportunity to private enterprise, consistent with the sound needs of the municipality as a whole, for the undertaking of an urban renewal program; 5. That the Mayor is hereby authorized to execute any and all deeds or other documents necessary to acquire and convey lands in the Urban Renewal Area to the City of Buffalo or the Buffalo Urban Renewal Agency, upon the approval of said deeds or other documents by the Corporation Counsel; and 6. That the City of Buffalo and the Urban Renewal Agency are hereby authorized to acquire by gift, grant, purchase, devise, condemnation, eminent domain or otherwise the property located within the Project area, as defined within said Plan, in furtherance of the Urban Renewal Plan. Passed AYES -11- NOES -0 No. 129 Seneca Babcock Redevelopment Project Urban Renewal Plan (Planning Board) (Item No. 3, C.C.P., Apr. 1, 2003) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thompson Moved: That the above mentioned item be and the same is hereby received and filed. Adopted. No. 130 Seneca Babcock Redevelopment Project Urban Renewal Plan (C. Slater) (Item No. 85, C.C.P., Apr. 1, 2003) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thompson moved: That the above mentioned item be and the same is hereby received and filed. Adopted. No. 131 2003 -2004 Recommended CDBG Budget (Item No. 3, C.C.P., Mar. 18, 2003) That the above item is hereby referred to the Committee of the Whole ADOPTED No. 132 CDBG Funding & Procedures (Item No. 16 1, C.C.P., Apr. 2, 2002) That a CDBG and HOME Fund transfer policy be developed prior to In addition, that the elimination of PIRATING PRACTICES (unauthorized removal of funds from various CDBG accounts) be made an immediate priority; and That the Common Council Committee on Community Development will develop a reform policy and strategy (comprised of Common Council members and the City of Buffalo Administration and HUD) to streamline and better coordinate economic, housing, and neighborhood development efforts by individuals with jobs and city related agencies that have personnel paid with CDBG and HOME funds. The reform plan must be ready for implementation upon the approval of year 29 CDBG, HOME, HOPWA, and ESG; and That the Community Development Committee and the Common Council will approve the final boundaries and CDBG and HOME fund budgets for the current and future housing delivery systems (CBO's, CDC's, NHS's) for the City of Buffalo; That two pilot Neighborhood Empowerment Teams (NET) will be created effective to enhance neighborhood revitalization activities. The NET program shall include representatives from the Departments of Public Works, Inspections, Police, Fire, the Office of Strategic Planning, and the various quasi - government agencies including BERC, BURA, BNRC and BMHA; and That the Office of Strategic Planning create a CDBG & HOME Funds tracking system that will track funding for CDBG and HOME funding commencing in year 29 to the present. These tracking systems must allow for the tracking of CDBG, HOME, HOPWA, and ESG funds by GIS and Microsoft office software. Quarterly reports must be filed with the Common Council Committee on Community Development; and That a HUD 108 Business and economic development program will be created to develop and fund neighborhood commercial and economic development initiatives. An emphasis will be placed on projects located on neighborhood commercial strips. Adopted No. 133 Street Overlays -CDBG Funds (PW) (CCP #23 -Mar. 18, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 134 B. Davis -R. Russell -Back to Basic Outreach Min. Inc. -CDBG 2003 -04 (CCP #75 -Apr. 1, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 135 Consolidated Ann. Perf & Eva]. Report for 2001 -02 (Strat. Plan.) (CCP# I I -Sept. 3, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 136 A. Thompson -HUD Consolidated Plan Planning Process -5 Yr. Plan (CCP #62 -Sept. 17, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 137 COB Comprehensive Plan (BERC) (CCP #60 -Dec. 26, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 138 2002 -03 Budget (BERC) (CCP #61 -Dec. 26,02) That the above item be and the same hereby is received and filed. ADOPTED No. 139 HUD CDBG Fiscal Year 2003 Allocation (Strat. Plan.) (CCP #11 -Oct. 15,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 140 A. THOMPSON -HUD BLOCK GRANT FUNDING FOR SIX JURISDICTIONS (CCP #37 -JAN. 7, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 141 A. THOMPSON -J. MURPHY -BFLO. NIAGARA ENTERPRISE (CCP #81 -MAR. 4,03) That the above item be and the same hereby is received and filed. ADOPTED NO. 142 A. THOMPSON -LIST OF BURA FUNDED JOBS (CCP #89 -JAN, 22, 03) That the above item be and the same hereby is received and filed. ADOPTED NO. 143 A. THOMPSON -JOB SPECS. -BURA (CCP #72 -FEB. 19,03) That the above item be and the same hereby is received and filed. ADOPTED NO. 144 A. THOMPSON -VAR. EMPLOYEE INFO. - STRATEGIC PLANNING (CCP# 113 -SEPT. 3, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 145 A. THOMPSON -PROP. BURA ADMINISTRATIVE BUDGET 2002 -03 (CCP #84 -JULY 9, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 146 DISC. CIV. SVS. COMM. - CCP #75 - 3/4/03 -"MEMO OF UNDERSTANDING" (CCP #140 -MAR. 18,03) That the above item be and the same hereby is received and filed. ADOPTED NO. 147 SECTOR SIX PROPOSAL /RELATED ISSUES (#16,4/30) (STRAT. PLAN.) (CCP #144 -JUNE 25, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 148 A. THOMPSON & C. FISHER -BMHA LAKEVIEW HOPE VI PHASE 11 (CCP #72 -MAR. 4,03) That the above item be and the same hereby is received and filed. ADOPTED NO. 149 A. THOMPSON -BID REVIEW (CCP #75 -MAR. 18,03) That the above item be and the same hereby is received and filed. ADOPTED NO. 150 A THOMPSON- FINDING FUNDING FOR MASTEN CAO CCP# 83 FEB 18, 2003 That the above item be and the same hereby is received and filed. ADOPTED NO. 151 A THOMPSON -R COLES -NORTH JEFFERSON LIBRARY CCP# 84 02/18/2003 That the above item be and the same hereby is received and filed. ADOPTED NO. 152 42 SOUTH PONTIAC SEQR - NEGATIVE DECLARATION (ITEM NO. 7, C.C.P., APR. 1, 2003) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thompson moved: That pursuant to 6 NYCRR Part 617, the Common Council, as the designated as Lead Agency, does hereby issue and adopt the attached Negative Declaration - Notice of Determination of Non - Significance. PASSED AYES -11 NOES -0 NO. 153 TRANSFER OF TITLE, URBAN HOMESTEAD - 23 BOEHM STREET (ITEM NO. 12, C.C.P., APR. 1, 2003) Mr Thompson moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 154 TRANSFER OF TITLE, URBAN HOMESTEAD - 194 LOCUST STREET (ITEM NO. 17, C.C.P., JAN. 21, 2003) (ITEM NO. 112, C. C.P., MAR. 4, 2003) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr Thompson moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 166 TRANSFER OF TITLE, URBAN HOMESTEAD - 331 'MONROE STREET (ITEM NO. 20, C.C.P., APR. 1, 2003) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thompson moved: That the city -owned property commonly known as 331 Monroe Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Ms. Tonya Barksdale, residing at 334 Adams Street, in the amount of $ 1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -11 NOES -0 NO. 156 TRANSFER OF TITLE, URBAN HOMESTEAD - 113 MULBERRY STREET (ITEM NO. 18, C.C.P., FEB. 18, 2003) (ITEM NO. 113, C.C.P., MAR. 4, 2003 That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr Thompson moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 157 A. THOMPSON -P. CROMWELL -M. YATCHING INC. - "GROG" NEW ITEMS ADDED) (CCP#46 -FEB. 4,03) That the above item be and the same hereby is received and filed. ADOPTED NO. 158 UPDATE ON FED. INVESTMENTS IN BFLO'S WATERFRONT PROJECTS (BERC) (#28,2/4) (CCP #121 -FEB. 18,03) That the above item be and the same hereby is received and filed. ADOPTED NO. 159 A. THOMPSON -INFO. NEIGHBORH. EMPOWERMENT TEAM -998 GENESSEE, ROCH. NY (CCP #8 I -APR. 16,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 160 A. THOM PSON-PAM PHLET-LOANS, SERVICES & GRANTS -CITY OF ROCHESTER (CCP #74 -OCT. 15, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 161 "LET THE COMMUNITY RUN ITS OWN COMMUNITY CENTERS" (B. GRANT) (ITEM NO. 65, C.C.P., MAR. 18, 2003) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thompson moved: That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 162 "LET THE COMMUNITY RUN ITS OWN COMMUNITY CENTERS" (STRATEGIC PLAN.) (ITEM NO. 5, C.C.P., APR. 1, 2003) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thompson moved: That the above mentioned item be and the same is hereby received and filed ADOPTED NO. 163 MAYOR RETURN MONEY FOR KENSINGTON - BAILEY COMM. CENTER (B. GRANT) (ITEM NO. 87, C.C.P., MAR. 18, 2003) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thompson moved: That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 164 MAYOR RETURN MONEY FOR KENSINGTON - BAILEY COMM. CENTER (STRATEGIC PLAN.) (ITEM NO. 4, C.C.P., APR. 1, 2003) That the above item be, and the same hereby is returned to the Common Council without recommendation. M r. Thompson That the above mentioned item be and the same is hereby received and filed, ADOPTED NO. 165 RIGHTEOUS BABE RECORDS, INC. - PURCHASE OF ASBURY- DELAWARE METHODIST CHURCH (ITEM NO. 149, C.C.P., NOV. 26, 2002) (ITEM NO. 29, C.C.P., MAR. 5, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thompson moved: That the above mentioned item be and the same is hereby received and filed. F- 1 1910129:1.] NO. 166 B. DAVIS - ASBURY DELAWARE CHURCH REDEV. PROJ. SUMMARY (CCP #35 -FEB. 4,03) That the above item be and the same hereby is received and filed. ADOPTED NO. 167 POVERTY ANALYSIS (ITEM NO. 168, C.C.P., OCT. 15, 2002) That the Office of Strategic Planning provide this Common Council a Poverty Analysis in the County of Erie, the City of Buffalo and the Masten District from 1970 to present, an analysis of Child and Poverty, a analysis of neighborhood and housing conditions and a analysis of literary, unemployment and business ownership. ADOPTED NO. 168 A. THOMPSON -D. ALLEN -HUMAN SERVICES PROGRAMS (CCP #98 -MAR. 19,03) That the above item be and the same hereby is received and filed. ADOPTED NO. 169 A. THOM PSON-OUTCOM E BASED FRAMEWORK RESPONSE -D. ALLEN -HUM. SVS. PROG. (CCP#46 -FEB. 4,03) That the above item be and the same hereby is received and filed. ADOPTED NO. 170 R. FONTANA- HOMEOWNER INVESTMENT PROGRAM HIP (CCP #65 -FEB. 18,03) That the above item be and the same hereby is received and filed. ADOPTED No.171 A. Thompson -Bflo. Niagara Partnership (CCP #82 -July 9, 02) That the above item be and the same hereby is received and filed. ADOPTED No.172 K -Mart Fall Back -9 Pt. Plan -Re -Use of 998 Broadway (Strat. Plan.) (CCP #3 -Feb. 4,03) That the above item be and the same hereby is received and filed. ADOPTED No. 173 A. Thompson -Prop. Improvements-MILK Jr. Park Pool (CCP #83 -July 9, 02) That the above item be and the same hereby is received and filed. ADOPTED No.174 B. Grant -L. Hare -Est. Addl. Chambers of Commerce in Bflo. (CCP #66 -Mar. 18, 03) That the above item be and the same hereby is referred to the Special Committee on Minority Business Enterprise. ADOPTED No. 175 A. Thompson -Div. Of Res. Dev. Hsg. Rehab. Loan Status Rpt. (CCP #77 -Mar. 18, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 176 G. Johnson- Sidewalk Repair on Coe St. (CCP #72 -Dec. 26, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 177 Repair of Sidewalks on Coe Street (PW) (CCP #27 -Jan. 21, 03) That the above item be and the same hereby is received and filed. ADOPTED Education (Charley H. Fisher 111, Chairman) No. 178 M. Hanley - Magavern -Jt. Sch. Const. Bd. Contracts -Var. (CCP #73 -June 25, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 179 R. LoTempio- Bflo. /Etie Co. Pub. Library- Strategic Plan (CCP #8 I -Feb. 6, 03) That the above item be and the same hereby ADOPTED Special Committees BUDGET COMMITTEE (Rosemarie LoTempio, Chairperson) No. 180 Improv. Accountability, Efficiency, Responsiveness -City Gov. (CCP #86 -Jan. 8, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 181 Rpt. Of Audit -Dept. of Ad. & Finance - Demolitions (Compt.) (CCP #25 -Apr. 2, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 182 Rpt. Audit -Dept. of Ad. & Fin. - Demolitions (A &F) (CCP#46 -Apr. 16,02) That the above item be and the same hereby is received and filed. ADOPTED No. 183 Rpt, Audit - Demolitions (PW) (CCP #66 -Apr. 30, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 184 Incentives for Municipal Employees (CCP #183 -Oct. 30,02) That the above item be and the same hereby is received and filed. ADOPTED No. 185 Incentives for Municipal Employees (#47, 10/15) (A &F) (CCP# 102 -Oct. 29, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 186 M. Poloncarz- Concern Fees -Gold Courses in Bflo (#43, 2/4) (CCP# 104 -Feb. 18, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 187 Second Quarterly Rpt. -Sub. Abuse Svs. (Com. Svs.) (CCP #26 -Feb. 4,03) That the above item be and the same hereby is received and filed, ADOPTED No. 188 M. Cooper -MBBA -Tax Lien Program (CCP #34 -Feb, 4, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 189 Sale of Tax Liens to NMBA (Law) (CCP#45 -Feb. 18,03) That the above item be and the same hereby is received and filed. ADOPTED STREETS SERVICES COMMITTEE (Charley H. Fisher, III, Chairman) No. 190 2002 -2003 Snow Plan (#30,11/26) (PW) (CCP #94 -Dec. 10, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 191 C. Fisher - Pedestrian Safety /Street Maintenance - Leroy - Fillmore Area (CCP #69 -Apr. 2, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 192 Vacant Lot Maintenance & Mowing Plan (PW) (CCP#44 -Apr. 1, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 193 B. Davis -M. Rodgers- Concerns -Leaf Pick -Up- Johnson Pk. (CCP #6 I -Nov. 26, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 194 B. Davis -M. Rodgers- Concerns -Leaf Pick -Up- Johnson Pk. (PW) (CCP #9 -Dec. 10, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 195 1 Giambra -City Parks Districts (CCP #50 -Jan. 21, 03) That the above item be and the same hereby is received and filed. ADOPTED No. 196 A. Thompson & B. Davis - Recycling Issue ( #80, 3/4) (CCP #125 -Mar. 18,03) That the above item be and the same hereby is received and filed. ADOPTED MINORITY BUSINESS ENTERSRSE COMMITTEE (Charley H. Fisher III, Chairman) No. 197 Bflo. Eq. Opp.- Min./Wom. /Sm & Loc. Bus. Enter - Emerg. Act (2000) (CCP #50 -May 15, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 198 C. Fisher -1992 Exec. Summary- Div. /Min./Wom. /Bus. Dev. -Ec. Dev. (CCP #85 -June 12, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 199 Bflo. Eq. Opp. Min., Worn., Sm. /Loc. Bus. Enter. Emerg. Act -2001 (Pub. Proc.) (CCP #84 -Sept. 4, 2002) That the above item be and the same hereby is received and filed. ADOPTED No. 200 A. Thompson -W. Jones -Jt. Sch. Const. Bd. Project Proposal (CCP #55 -Feb. 4, 2003) That the above item be and the same hereby is received and filed. ADOPTED No. 201 C. Fisher - Belvar Associates - Const. Contract Monitoring /Compliance Svs.- Monthly Rpt. 3/02 (CCP #84 -Apr. 30, 2002) That the above item be and the same hereby is received and filed. ADOPTED No. 202 C. Dedecker -Co. of Erie 2002 Report General Dist. Municipal Bonds (CCP #7 I -Dec. 26, 2002) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 203 BY: MR. BONIFACIO & MR. FRANCZYK AUTHORIZE THE COMMISSIONER OF HUMAN RESOURCES TO EXECUTE AGREEMENT BETWEEN THE CITY OF BUFFALO AND MMA CONSULTING GROUP, INC. FOR THE COMPREHENSIVE ASSESSMENT OF THE MANAGEMENT AND ORGANIZATION OF THE BUFFALO FIRE DEPARTMENT AND EMERGENCY MEDICAL SERVICES Whereas: The City of Buffalo in conjunction with the City of Buffalo Fire and EMS Operations Task Force submitted a Request for Proposals /Qualifications for the comprehensive assessment of the management and organization of the Buffalo Fire Department and Emergency Medical Services; and Whereas: After reviewing the responding proposals, the City of Buffalo Fire and EMS Task Force determined that the best qualified proposal was submitted by MMA Consulting Group, and recommends its services for the City of Buffalo; and Whereas: The Fire and EMS Task Force respectfully requests that this honorable body authorize the Commissioner of Human Resources to execute an agreement with MMA Consulting Group Inc. for its services and offers the attached Agreement for Common Council authorization; and Whereas: Accompanying the agreement and attached to this resolution is MMA Consulting Group's Proposal for comprehensive assessment of management and organization of the Buffalo Fire Department /Emergency Medical Services; and Whereas: The Commissioner of Administration and Finance has identified the funds to fulfill the City's obligations to this agreement; and Now, Therefore Be It Resolved: That the Common Council shall hereby authorize the Commissioner of Human Resources to execute the attached Agreement between the City of Buffalo and MMA Consulting Group Inc. for the Comprehensive Assessment and Organization of the Buffalo Fire Department and Emergency Medical services in a manner indicated in the City's Request for Qualifications /Proposals. PASSED AYES — BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, MARTINO, THOMPSON — 10 NOES - PITTS - 1 NO. 204 BY: MR. BONIFACIO ORDINANCE AMENDMENT CHAPTER 307 - PARKING AND PARKING LOTS The Common Council of the City of Buffalo does hereby ordain as follows: That Section 307 -11 of Chapter 307 of the Code of the City of Buffalo be amended to read as follows: § 307 -11. Schedule of fines and penalties. A. The schedule of fines and penalties shall be as follows: Violation Fine Failure to deposit required [$10.00] $15.00 coins in a parking meter, overtime parking in a metered space or other meter violation Parking prohibited beyond time [$10.001 $15.00 limit allowed other than parking meter Parking prohibited on alternate days [SIO.00] $15.00 Parking prohibited on bus routes [$15 -00] $20.00 during certain hours Parking prohibited upon publicly or [$30.00] $35.00 privately owned premises without permission Parking in unpaved area in front /side yard[$30.00] $35.00 Parking prohibited in a load zone [$ 10.00] $15.00 Stopped, standing or parked [$10.00] $15.00 facing wrong direction Stopped, standing or parked more [$10.00] $15.00 than 12 inches from curb Stopped, standing or parked upon [$10.00] $15.00 any bridge, elevated structure, subway or approaches Standing or parked within 20 feet of a [$ 10.001 $15.00 crosswalk at an intersection or other marked crosswalk Parking prohibitions: Parking prohibited at any time [$15.00] $20.00 Parking prohibited during certain hours [$15.00] $20.00 Parking prohibited from here to comer [$15.00] $20.00 Parking prohibited in a taxi stand [$15.00] $20.00 Standing prohibitions: Standing prohibited at anytime [S15.00] $20.00 Standing prohibited during certain hours [$15.00] $20.00 Standing prohibited from here to comer [$15.00] $20.00 Stopping prohibitions: Stopping prohibited at any time [$15.00] $20.00 Stopping prohibited during certain hours [$15.00] $20.00 Stopping prohibited from here to comer [$15.00] $20.00 Stopped, standing or parked on a sidewalk[$15.00]$20.00 Standing or parked in front of a public [$15.00] $20.00 or private driveway Expired certificate of inspection [$15.00] $20.00 or registration Stopped, standing or parked within [$30.00] $35.00 15 feet of a fire hydrant Double parking [$15.00] $20.00 Stopping, standing or parking [$15.00] $20.00 prohibited, police emergency Other violation [$15.00] $20.00 [Parking or standing prohibition [Charge as provided in and mini -tow (two 500 feet or Chapter 175, Fees] less) (includes fine of $10.00).] [Parking or standing prohibition [Charge as provided in and mini -tow (two 500 feet or Chapter 175, Fees] less) (includes fine of $15.00)] Handicapped parking violations, per [$50.00] $55.00 § 1203 -c of the Vehicle and Traffic Law NOTE: In addition, a surcharge of thirty dollars ($30.) has been levied by the state of New York for handicapped parking violations pursuant to § 1809 -b of the Vehicle and Traffic Law. B. Additional penalties. Penalties shall be added to the fine for late payment as follows: Original fine [$10.00] $15.00 [$15.00] $20.00 [$30.00] $35.00 [$50.00] $55.00 After 8 days [20.00] 30.00 [30.00] 40.00 [60.00] 70.00 [100.00] 110.00 After first Billing [30.00]40.00 [40.00]50.00 [70.00] 80.00 [110.00] 120.00 After 75 days [50.00] 60.00 [60.00] 70.00 [90.00] 100.00 [130.00] 140.00 NOTE: In addition to the above fines, a surcharge of five dollars ($5.) has been levied by the state of New York over and above these amounts. It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel NOTE: Matter in brackets to be deleted; matter underlined is new. PASSED AYES -11 NOES -0 NO. 205 BY: MR. COPPOLA REQUEST POLICE SUBMIT PLAN FOR ENFORCING LITTERING ORDINANCE Whereas: Section 413.4 of the City of Buffalo ordinances prohibits depositing any substance or material on public property - a Class C violation that carries a $52.50 fine; and Whereas: However, Buffalo Police Officers seldom issue tickets for littering; and Whereas: Part of the problem may result from confusion, in that the ordinances, in section 216.66, define littering and dumping interchangeably, with the same large fine assessed for either offense; and Whereas: Littering and illegal dumping are Class I violations under section 216.66, which carry a fine of $1,500 as laid out in section 137 -7 of the ordinances; and Whereas: In any case, littering has become a widespread problem in Buffalo and the result is a shabbier looking city; and Whereas: New York City, in contrast, has actively attacked the littering problem with public education and a ticketing regime where fines start at $50 and escalate to $250 depending on the seventy and frequency of the offense; and Whereas: If a creative plan were established to enforce section 413.4 in a high profile way, without using inordinate Police Department resources, it wouldn't take many instances of enforcement for word to get around that littering is a punishable and socially unacceptable offense; Now, Therefore, Be It Resolved That: This Common Council requests the Corporation Counsel to draft and file the appropriate ordinance amendments to separate common littering from the more serious offense of illegal dumping in the City ordinances; and Be It Further Resolved That: The Police Department be requested to develop and file with this Council a plan for enforcing a littering violation program that would maximize results while minimizing the resources that would be taken away from other police functions. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE COMMISSIONER OF POLICE NO. 206 BY: MR. COPPOLA AND MR. BONIFACIO WOMEN AND CHILDREN'S HOSPITAL HELIPAD Whereas: Pursuant to Section 63 -3 of the Code of the City of Buffalo, the Council has received an application for a privately owned heliport at 219 Bryant Street; and Whereas: Section 63 -3(C) of the Code requires that the application forwarded to the Commissioner of Transportation to determine whether the establishment of such heliport complies with the standards of the Department of Transportation pursuant to § 249 of the New York General Business Law; and Whereas: It also requires the application to be referred to the Commissioner of Police, Commissioner of Fire, Commissioner of Public Works, Parks and Streets and Office of Licenses for review and determinations whether the establishment of the privately owned heliport complies with applicable codes, ordinances and public safety requirements; and Whereas: After these determinations are made, a public hearing will be scheduled to allow interested parties an opportunity to present evidence and testimony; and Now Therefore Be It Resolved: That the Common Council does hereby request the Commissioner of Transportation to determine whether the establishment of a heliport at 219 Bryant Street complies with the standards of the Department of Transportation pursuant to § 249 of the New York General Business Law, and Be It Further Resolved: That the application is hereby referred to the Commissioner of Police, Commissioner of Fire, Commissioner of Public Works, Parks and Streets and the Office of Licenses for their review and determination whether the establishment of the privately owned heliport complies with applicable codes, ordinances and public safety requirements; and Be It Finally Resolved: That the City Clerk is hereby directed to forward a certified copy of this resolution and the heliport application to the Commissioner of Transportation, the Commissioner of Police, the Commissioner of Fire, the Commissioner of Public Works, Parks and Streets and the Office of Licenses. ADOPTED AYES - BONIFACIO, COPPOLA, FONTANA, FRANCZYK, GOLOMBEK, GRANT, MARTINO, PITTS, THOMPSON - 9 NOES - DAVIS, FISHER - 2 NO. 207 BY: COUNCILMEMBER DAVIS SET PUBLIC HEARING LEASE MODIFICATION PORTION OF 853 WASHINGTON WHEREAS, Excellus Health Plan, Inc. and /or other legal entity to be formed (herein referred to as the "Redeveloper ") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper has negotiated a Lease Modification for a portion of 853 Washington Street; and WHEREAS, the terms of said Lease Modification has been approved by the City of Buffalo Urban Renewal Agency -, and WHEREAS, said Lease Modification has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2(d) of the General Municipal Law, and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 18th day of April 2003. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2.00 P.M. in the Council Chambers on the 29th of April 2003. ADOPTED NO. 208 BY COUNCILMEMBER DAVIS LEASE MODIFICATION EXCELLUS HEALTH PLAN, INC. WHEREAS, the Buffalo Urban Renewal Agency has duly designated Excellus Health Plan, Inc. and /or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and WHEREAS, the proposed Lease Modification has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency -, and NOW, THEREFORE, BE IT RESOLVED: 1. That Excellus Health Plan, Inc. and /or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper. 2. That the Mayor, the Chairman, Vice - Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Lease Modification" to Excellus Health Plan, Inc. and /or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 209 BY COUNCILMEMBER DAVIS SET PUBLIC HEARING OAK STREET REDEVELOPMENT PROJECT NYR- 197 PORTION OF 853 WASHINGTON WHEREAS, Hauptman Woodword Medical Research Institute, Inc. and /or other legal entity to be formed (herein referred to as the "Redeveloper ") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper has negotiated a Land Disposition Agreement for a portion of 853 Washington Street in the Oak Street Development Project NYR -197; and WHEREAS, the terms of said Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, said Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2(d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 18th day of April 2003. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 29th of April 2003. ADOPTED NO. 210 BY COUNCILMEMBER DAVIS LAND DISPOSITION AGREEMENT PORTION OF 853 WASHINGTON HAUPTMAN WOODWARD - REDEVELOPER WHEREAS, the Buffalo Urban Renewal Agency has duly designated Hauptman Woodward Medical Research Institute and /or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency, and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and WHEREAS, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: 1. Hauptman Woodward Medical Research Institute and /or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for a portion of 853 Washington Street in the Oak Street Redevelopment Project NYR- 197. 2, That the Mayor, the Chairman, Vice - Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement' to Hauptman Woodward Medical Research Institute, as Agent for a LLC to be formed and /or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 211 BY: MR. DAVIS REQUEST 2 HOUR PARKING ON THE SOUTH SIDE OF EAST EAGLE STREET BETWEEN MICHIGAN AVENUE AND PINE STREET Whereas: The South side of East Eagle Street is posted as a "No Parking Any Time" zone, possibly because East Eagle Street was formerly on a bus route; and Whereas: 2 hour parking is currently allowed on the North side of East Eagle Street; and Whereas: Leaders of the Durham Memorial A.M.E. Zion Church at 174 East Eagle have requested that the South side of East Eagle between Michigan Avenue and Pine Street be made a 2 hour parking zone; and Whereas: The church provides important services in the community, and a rash of recent parking tickets have caused hardships in the community; Now, Therefore, Be It Resolved That: This Common Council hereby requests that the South side of East Eagle Street, between Michigan Avenue and Pine Street, be designated a 2 hour parking zone; and Be It Further Resolved That: This Council requests the Department of Public Works to file the appropriate notification serials and to correct the signage on this block of East Eagle Street. ADOPTED NO. 212 BY: COUNCILMEMBER DAVIS LAND DISPOSITION AGREEMENT 339 - 341 DELAWARE AVENUE 335 DELAWARE AVENUE RIGHTEOUS BABE RECORDS, INC. WHEREAS, the Buffalo Urban Renewal Agency has duly designated Righteous Babe Records, Inc. and /or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and WHEREAS, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: 1. Righteous Babe Records, Inc. and /or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for 339 - 341 Delaware and 335 Delaware Avenue. 2. That the Mayor, the Chairman, Vice - Chairman, or any officer on behalf of the City and /or the Buffalo Urban Renewal Agency are hereby authorized to execute any and all deeds or other documents necessary to: a) convey land described in the proposed "Land Disposition Agreement' to Righteous Babe Records, Inc., as Agent for an LP to be formed and /or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein b) provide all agreed project financing including: i) guarantees ii) redirection of PILOT payments iii) funding of debt services and iv) payments under the facade agreement. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 213 BY COUNCILMEMBER DAVIS SET PUBLIC HEARING ASBURY DELAWARE REDEVELOPMENT PROJECT 339 - 341 DELAWARE AVENU 335 DELAWARE AVENUE WHEREAS, Righteous Babe Records, Inc. and /or other legal entity to be formed (herein referred to as the "Redeveloper ") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper has negotiated a Land Disposition Agreement for 339 - 341 Delaware Avenue and 335 Delaware Avenue; and WHEREAS, the terms of said Land Disposition Agreement will be presented to the City of Buffalo Urban Renewal Agency for approval; and WHEREAS, said Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2(d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 18th day of April 2003. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 29th of April 2003. ADOPTED NO. 214 BY: RICHARD A. FONTANA, LOVEJOY DISTRICT COUNCILMEMBER SET PUBLIC HEARING LDA APPROVAL - SPOTLESS FACILITY SERVICES, LLC. NEW BUFFALO INDUSTRIAL PARK - 160 JAMES E. CASEY DRIVE WHEREAS, Spotless Facility Services, LLC, and /or other legal entity to be formed (herein referred to as the "Redeveloper ") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper have negotiated a Land Disposition Agreement for the disposition of 160 James E. Casey Drive in the New Buffalo Industrial Park, and WHEREAS, the terms of said Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, said Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to Section 507, subdivision 2(d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: THAT, the City Clerk be and is hereby directed to publish the attached Notice of Hearing in the Buffalo News no later than the 18th day of April 2003. THAT, this Common Council will hold a public hearing on the proposed agreement, on the 29th day of April, 2003. ADOPTED NO. 215 BY MR. FONTANA LAND DISPOSITION AGREEMENT SPOTLESS FACILITY SERVICES, LLC NEW BUFFALO INDUSTRIAL PARK WHEREAS, the Buffalo Urban Renewal Agency has duly designated Spotless Facility Services, LLC and /or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and; WHEREAS, proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: 1.That Spotless Facility Services, LLC and /or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for 160 James E. Casey Drive in the New Buffalo Industrial Park. 2. That the Mayor, the Chairman, Vice - Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" to Spotless Facility Services, LLC and /or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 216 BY: MR. FONTANA EXCUSE COUNCILMEMBER LOTEMPIO FROM COUNCIL MEETING. Whereas: Councilmember Rosemarie LoTempio will be unable to attend the Council meeting on Tuesday, April 15, 2003, Now, Therefore, Be It Resolved: That the Common Council excuses Councilmember Rosemarie LoTempio from attending the Tuesday, April 15, 2003, Common Council meeting. Richard A. Fontana ADOPTED NO. 217 BY: MR. FRANCZYK & GOLOMBEK CREATE SAFEGUARD AGAINST GRATUITOUS DEMOLITIONS WHEREAS: Buffalo's preservation ordinance affords protection for properties listed as local, national or historic landmarks, or are located in a designated historic preservation area; and, WHEREAS: Certain properties which may have historic significance "fall through the cracks," and may merit serious review before any demolition permits are issued; and, WHEREAS: These properties may not be local, national or historic landmarks, or may not be in an historic preservation area, but may merit scrutiny; and, NOW THEREFORE BE IT RESOLVED: That any brick, masonry, or stone building in Buffalo whether or not it is a local, national or historic landmark or is in a preservation district, be subject to review by the Preservation Board and the Division of Permits and Inspections Services before the issuance of any demolition permit; and, BE IT FINALLY RESOLVED: That any application for demolition in the city be accompanied by a photograph of the subject property for review by the Preservation Board and the Division of Permits and Inspections. REFERRED TO THE COMMITTEE ON LEGISLATION, THE PRESERVATION BOARD AND THE COMM OF PERMITS AND INSPECTIONS NO. 218 BY: MR. GOLOMBEK [REBUILDING TOGETHER] Whereas: The Rebuilding Together organization (formerly Christmas in April) has selected the East and Dearborn Streets area of Black Rock for this year's community rehabilitation project to be held on May 91 h and 10th, 2003, and Whereas: The group will be doing a major rehab of several houses as well as repair work on many others. They will also perform a clean up of several vacant lots, and Whereas: All of the work is being done free of charge on low- income owner occupied houses proving once again the that City of Buffalo is the City of Good Neighbors, and Whereas: Due to the number of different jobs being done during this years event the organization faces a substantial expense for City of Buffalo Building Permit fees. Now Therefore Be It Resolved: This Honorable Body commends Rebuilding Together for their grassroots approach to community rehabilitation. To help the organization with this project and to promote such activities by other groups the Common Council of the City of Buffalo does hereby waive any and all applicable City of Buffalo fees associated with this year's Rebuilding Together community project. Joseph Golombek Jr. PASSED AYES -11 NOES -0 NO. 219 BY: MR. GOLOMBEK (DISCUSS TERM LIMITS FOR ELECTED OFFICIALS) Whereas: During the last two decades the subject of term limits for elected officials has been brought up at every level of government, and Whereas: The City of Buffalo, now more than ever before, must consider any and all reforms necessary to create an environment conducive to its prosperity, and Whereas: Currently forty states have gubernatorial term limits, twenty -one states also limit terms for state legislators, nearly three thousand cities, towns and counties have term limits, additionally eight of the ten largest cities in the United States have term limits; and Whereas: Deliberations on the subject of term limits should included the offices of the Mayor, Councilmember and Comptroller, and Now, Therefore, Be It Resolved: That this Honorable Body refers this item to committee to begin the discussion of the benefits and hazards of term limits for elected offices in the City of Buffalo, and Be It Further Resolved: That In the City of Buffalo no person shall hold the office of Mayor for more than two consecutive terms, and Be It Further Resolved: That in the City of Buffalo no person shall hold the office of Comptroller for more than two consecutive terms, and Be It Finally Resolved: That in the City of Buffalo no person shall hold a seat on the Common Council for more than four consecutive terms. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 220 BY: MR. GOLOMBEK, MR. THOMPSON, MR. BONIFACIO, MR. FRANCZYK, MRS. GRANT, MR. FISHER, MRS. MARTINO AND MR. COPPOLA (APPEAL FOR EARLY PAYMENT OF PROPERTY TAXES) Whereas:The City of Buffalo allows property owners the opportunity to pay their property taxes in two payments, and Whereas: The practice of splitting the payment into two installments can be traced back to the Great Depression of the 1930s,and Whereas: Many homeowners have their property taxes paid through an escrow account maintained by their mortgage originator. Many of these mortgage originators have the ability to pay the entire property tax bill in full at the time the first half payment is due, and Whereas: This practice of a split payment contributes to the cash shortfall that occurs yearly as revenues for the fiscal year are realized at a rate slower than the accrual of payable obligations of the city. Therefore, to pay those bills due before sufficient monies come into city coffers the City of Buffalo must issue Revenue Anticipation Notes (RAN), and Whereas: The interest associated with the Revenue Anticipation Notes adds to the financial burden of the City of Buffalo Now, Therefore, Be It Resolved: This Honorable Body appeals to those property owners of the City of Buffalo that have the ability to pay their property taxes in full to do so in order to reduce the size of the RAN issue for the year. This action would lower the amount of interest that would have to be paid by the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 221 BY: MR. GOLOMBEK SHIFT OF OPERATIONS INTO AN ECONOMIC DEVELOPMENT ZONE Whereas: Carriage Trade Pastries, Inc. is a quality pastry shop previously located on the Elmwood strip. The shop has operated in Buffalo since 1989; and Whereas: Physical limitations prevented Carriage Trade Pastries, Inc. from remaining at 1089 Elmwood Avenue in Buffalo. The lack of space inside the building and the lack of parking outside the building hindered the ability for the business to succeed, and Whereas: Carriage Trade Pastries, Inc. was on the brink of closing and had met with several suburban municipalities from Erie County prior to developing a feasible plan to remain in Buffalo, New York, and Whereas: The company has already helped improve the City of Buffalo by purchasing and rehabilitating a vacant building on a commercial strip. By moving to this new location Carriage Trade Pastries, Inc. has provided itself with an opportunity to double its work force, and Whereas: The City Council Member of the North District has heard comments that extraordinary circumstances existed to warrant the relocation of Carriage Trade Pastries, Inc. into the Buffalo Empire Zone. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo consents to the relocation of Carriage Trade Pastries into the Buffalo Economic Zone. ADOPTED NO. 222 BY: MRS. GRANT CAPITAL BUDGET AMENDMENT ADDITION TO CAPITAL PROGRAM 2003 That pursuant to §20 -28 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the Capital Program or the fiscal year 2003 be and the same is hereby amended by adding the following item under the heading: Capital Projects Public Works - Engineering - South Buffalo Community Center $2,700,000 PASSED AYES -11 NOES -0 NO. 223 BY: MRS. GRANT INCREASED APPROPRIATION PARKING VIOLATIONS BUREAU That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Parking Violations Bureau, Auditing Services be and the same hereby is increased in the sum of $40,000 That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: Revenue City 10140015 - 340000 - PVB Charges for Collection Services $40,000 To meet the increased appropriation as set forth below: 11475006 - Parking Violations Bureau 432001 - Auditing Services $40,000 PASSED AYES- 11 NOES-0 NO. 224 BY: MRS. GRANT INCREASED APPROPRIATION DEPARTMENT OF POLICE That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments Department of Police - Various, be and the same hereby are increased in the sum of $118,000. That, the comptroller be and hereby is authonized and directed to increase the revenue estimate of account: From: 10200030 - 364000 - Department of Police General City Revenue - Deposit of Unclaimed Property $118,000 To meet the increased appropriation as set forth below: To: 12000006 - 432003 - Legal Services $3,000 12000006 - 455000 - Printing & Binding $5,000 12021005 - 461201 - Clothing & Uniforms $20,000 12021005 - 461300 - Medical Supplies $10,000 12021006 - 432002 - Medical Services $80,000 PASSED AYES -11 NOES -0 NO. 226 BY: MRS. GRANT INCREASED APPROPRIATION SOLID WASTE ENTERPRISE FUND That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Solid Waste - Auditing Services be and the same hereby is increased in the sum of $160,000. That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: 52510015 - 340000 Solid Waste - Charges for Services $160,000 To meet the increased appropriation as set forth below: 52002606 - Solid Waste - Refuse & Recycling 432001 - Auditing Services $160,000 PASSED AYES -11 NOES -0 NO. 226 BY: MRS. LOTEMPIO EXCUSE COUNCILMEMBER GRAY FROM COUNCIL MEETING. Whereas: Councilmember Beverly Gray will be unable to attend the Council meeting on Tuesday, April 15, 2003, Now, Therefore, Be It Resolved: That the Common Council excuses Councilmember Beverly Gray from attending the Tuesday, April 15, 2003, Common Council meeting. ADOPTED NO. 227 BY MRS. MARTINO , MR. THOMPSON AND MR. FONTANA SUPPORT OF DIVERSITY IN MEDIA OWNERSHIP Whereas: Freedom of the press and board public access to a diverse range of information through the media are prerequisites for a functioning democracy, they are the very oxygen of democracy -, and the broadcast airwaves and the internet are owned commonly by the public and should be managed to serve the public interest -, and Whereas: Adherence to the highest journalistic principles is a public trust, and the public interest is best served by the availability of a broadly diverse range of viewpoints, and media diversity and employment is seriously threatened by further consolidation of media ownership in the hands of fewer entities and Whereas: The Federal Communications Commission is currently considering an unprecedented rollback of media ownership regulations which protect diversityand local accountability Whereas: We recognize that citizens in a democracy require public access to a diverse range of media voices and messages in order to participate fully in our community's share social, cultural and political life. Now, Therefore, Be It Resolved: That we call upon the Federal Communications Commission and the Congress to retain and strengthen existing media ownership regulations and we further call upon the Congress to exercise its oversight in the area of federal communications policy and to consider legislation aimed at protecting our democratic media by prohibiting further media consolidation -, and Be It Finally Resolved: That the City of Buffalo City Clerk send certified copies of this resolution to Senators Charles Schumer and Hillary Clinton, Congressmen Jack Quinn, Louise Slaughter and Thomas Reynolds, and the Federal Communications Commission. ADOPTED NO. 228 BY MR. THOMPSON FELICITATIONS /IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Pastor Maria Gardner By Councilmember Pitts,Michaux ADOPTED NO. 229 BY: ANTOINE M. THOMPSON APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2004, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Jeanne Carr Madonna Isch Judy Kirkland Janice Tigg Total: 4 ADOPTED NO. 231 ANNOUNCEMENT OF COMMITTEE MEETINGS our mTdiaficdIr)dthtg efiyethVi§DiarerszkakbAft MIthmskiregukrbohsldvould likely reduce co in the Common Council Chambers, 13'h floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, April 22 2003 at 9:30 o'clock A.M. Committee on Finance Tuesday, April 22, 2003 at 10:00 o'clock A.M. following Civil Service Committee on Legislation Tuesday, April 22, 2003 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, April 23, 2003 at 10:00 o'clock A.M. Committee on Education Wednesday, April 23, 2003 at 2:00 o'clock P.M Special Committees Fruitbelt Redevelopment Plan Monday, April 21, 2003 at 10:00 o'clock A.M. in Room 1417 City Hall. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time Oven for notification, it will be provided. In addition, there must be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 232 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mrs. Grant, the Council adjourned at 3:45 pm CHARLES L. MICHAUX, III CITY CLERK NO. 230 BY: ANTOINE M. THOMPSON APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2004, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City Christine Adamczyk Laurence Adamczyk Mario Alaimo Tami Bartels Rudolph Bravo Odease Brown Sharon Caetano George Campbell Joseph Cartonia Ruth Casacci Jennifer Catania Albert Chase Emilio Cicatello Melva Cobb Anna Coronado Jeff Crosta Ann Louise Diplma Tashene Eubanks Betty Fix Thomas Gaglione Mary Ann Gray William Gwizdowski Eric Hucksoll Caroline Hutchens Leonard Jerozal Julie Kane Nicole Karamanos Jeannette Klein Howard Korman David Ksiazek W Scott Leuthe Sandra Long Ann Mathews Patrick McDonnell Sandra McGowan Maureen McGurn Sandra Mendola Dorothy Merkl Rosella Meyers Cheryl Mulholland Daniel Nemoyer LuAnn Palma Paul Pfeiffer Wendy Pietrzak Ronald Pilozzi Douglas Ping Jean Quinn Dennis Ryan Julia Ryan Thomas Santa Lucia Robert Sikorski Sue Ellen Slisz Galazka Jessica Smith Edward Soda Ronald Spadone Margaret Stebick Michael Stefano Alicia Surdyk Gayle Syposs James Tamol Alonzo Thompson Robyn Tisdale Jacqueline Todorov Kevin Wegryn Gail Wojtowicz Thomas Zimmerman Total 66 ADOPTED NO. 231 ANNOUNCEMENT OF COMMITTEE MEETINGS our mTdiaficdIr)dthtg efiyethVi§DiarerszkakbAft MIthmskiregukrbohsldvould likely reduce co in the Common Council Chambers, 13'h floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, April 22 2003 at 9:30 o'clock A.M. Committee on Finance Tuesday, April 22, 2003 at 10:00 o'clock A.M. following Civil Service Committee on Legislation Tuesday, April 22, 2003 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, April 23, 2003 at 10:00 o'clock A.M. Committee on Education Wednesday, April 23, 2003 at 2:00 o'clock P.M Special Committees Fruitbelt Redevelopment Plan Monday, April 21, 2003 at 10:00 o'clock A.M. in Room 1417 City Hall. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time Oven for notification, it will be provided. In addition, there must be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 232 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mrs. Grant, the Council adjourned at 3:45 pm CHARLES L. MICHAUX, III CITY CLERK