The URL can be used to link to this page

Home My WebLink About02-1210ANo. 23 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO December 10, 2002 MAYOR Hon. Anthony M. Masiello COMPTROLLER Anthony Nanula COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE Richard A. Fontana MAJORITY LEADER Rosemarie Lo Tempio COUNCILMEMBERS -AT -LARGE Beverly Gray 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 GOLOMBEK JR. - 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, DECEMBER 10, 2002 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and and Council Members Bonifacio, Coppola, Davis, Fisher, Fontana, Franczyk, Golombek Grant, Gray, LoTempio, Martino, and Thompson - 13. ABSENT - None. On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on November 26, 2002 were approved. FROM THE MAYOR FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT NO. 1 RE- APPOINTMENTS OF MEMBERS TO THE BUFFALO WATER BOARD Pursuant to the authority granted me by Section 1048 -F of the title Two -B Article Five of the Public Authorization law, I hereby re- appoint the following, subject to confirmation by Your Honorable Body, Reappointments for two year terms ending December 31, 2004: Patrick H. Wesp 289 Norwalk Ave Buffalo, 14216 James B. Milroy 155 Massachusettes Ave Buffalo, 14213 Victoria J. Saxon 56 Dana Road Buffalo, 14216 John R. Sole 641 Forest Ave Buffalo, 14222 Warren K. Galloway 111 W. Humboldt Parkway Buffalo, 14214 Charles L. McGriff 117 Lexington AvenueBuffalo, 14222 1 hereby certify that the above named individuals are fully qualified to serve as members of the Buffalo Water Board. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE DIRECTOR OF COLLECTIONS. FROM THE OFFICE OF CITIZEN SERVICES NO. 2 MONTHLY REPORT FROM THE DIVISION OL'CITIZEN SERVICES (MAYOR'S COMPLAINT HOT LINE AKA HELP LINE NOVEMBER, 2002 Dear Members of Buffalo's Common Council: Attached for your review is a report of service calls received by the Division of Citizen Services during the month of November, 2002. Calls for the month were down (45 %), from October 2002. All service /complaint categories were significantly less, with the exception of rodent calls remaining the same at 9 calls. I do -not have an explanation for the dramatic decrease in calls, typically, November, which is the, shortest working month of the year, with its four (4) holiday days, has fewer calls than other months. Also, this November's weather was unremarkable, subsequently, there were no storm related calls and historically, outdoor related complaints, such as housing violations and high grass decrease in November, with the onset of cold winter weather. However, all of the above, still does not explain a 45% overall decrease in service requests. I will continue to monitor November's results, which should be more understandable after reviewing the calls received in December. As always, I hope that you find this information helpful, as the administration strives to provide the best possible services to the citizens of Buffalo. Sincerely, Jay B. Duderwick ATTACHMENTS REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMPTROLLER NO. 3 CAPITAL DEBT SERVICE FUND DEPOSITS - 2002/2003 FISCAL YEAR Certificate Number 2 -02/03 of the Comptroller of the City of Buffalo, New York, relative to the Capital Debt Service of Fund of said city, stating the amounts to be deposited therein and paid therefrom for the period Commencing July 1, 2002 and ending June 30, 2003 1, Anthony R. Nanula, Comptroller of the City of Buffalo, New York, in accordance with the provisions of Section 202 of the resolution entitled: PROCEEDINGS "Enabling Resolution of the City of Buffalo, New York, Establishing a Capital Debt Service Fund, Determining the Terms and Conditions of Such Fund and Other Matters in Connection Therewith, and Providing for the Rights of Holders of Capital Debt Obligations of the City." duly adopted by the Common Council on March 8, 1977, and pursuant to the duties of the chief fiscal officer set forth therein, Do Hereby Certify as follows: 1. The Capital Debt Service Fund Requirements for the fiscal year commencing July 1, 2002 and ending June 30, 2003 is $56,294,892.51. 2. The portion of said Capital Debt Service Requirement allocated to the First Collection Period (July 1, 2002 through and including November 30, 2002, is $27,480,873.30. 3. The portion of said Capital Debt Service Requirement allocated to the Second Collection Period (December 1, 2002 through and including June 30, 2003), is $28,814,019.2 1. 4. The First Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing July 1, 2002 and ending December 31, 2002 on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bonds $3,276,346.89 Jul. 31, 2002 M & T Trust Company Buffalo, New York Scrial Bonds 246,592.50 Jul. 31, 2002 Chase Manhattan Bank, NA Dallas, Texas Serial Bonds 1,170,571.25 Jul. 31, 2002 HSBC New York, New York Serial Bonds 104,326.25 Aug. 14,2002 Chase Manhattan Bank, NA Dallas, Texas Serial Bonds 361,250.00 Aug. 14,2002 HSBC New York, New York Serial Bonds 2,125,000.00 Aug.15,2002 HSBC New York, New York Serial Bonds 195,605.00 Sept. 30, 2002 HSBC New York, New York Serial Bonds 48,285.00 Oct. 1, 2002 Chase Manhattan Bank, NA Dallas, Texas Serial Bonds 411,076.25 Sept. 27, 2002 M &, T Trust Company Buffalo, New York Serial Bonds 2,200,000.00 Oct. 1, 2002 HSBC New York, New York Serial Bonds 18,232.50 Nov I, 2002 Chase Manhattan Bank, NA Dallas, Texas Serial Bonds 1,652,613.15 Nov 14, 2002 M & T Trust Company Buffalo, New York Serial Bonds 1,618,909.37 Nov.30,2002 M & T Trust Company York Serial Bonds 6,730,000.00 Dec. 1, 2002 M & T Trust Company Buffalo, New York Serial Bonds 653,076.25 Nov.30,2002 HSBC Bank, NA New York, New York Dallas, Texas Serial Bonds 262,950.00 Nov 30, 2002 Chase Manhattan Bank, NA York Dallas, Texas Serial Bonds 275,513.89 Nov. 30,2002 Deutsche Bank New York, New York Serial Bonds .1,685,000.00 Dec. Serial Bonds 618,000.00 Dec. 1,2002 Deutsche Bank New York, New York Serial Bonds 6,730,000.00 Dec. 1, 2002 M & T Trust Company Buffalo, New York Serial Bonds 975,000.00 Dec. 1, 2002 Chase Manhattan Bank, NA Dallas, Texas Serial Bonds 1,990,000.00 Dec. 1, 2002 HSBC New York, New York Serial Bonds 862,523.00 Dec. 14,2002 M &, T Trust Company Buffalo, New York Serial Bonds .1,685,000.00 Dec. 15,2002 M &T Trust Company Buffalo, New York $27,480,873.30 5. The aggregate amount to be deposited by the Director of the Treasury with the M & T Trust Company, Buffalo, New York, commencing on July 1, 2002 is $- 27,480,873.30. 6. The Second Collection Period portion of the Capital Debt Service Requirements due and payable during the period commencing January 1, 2003, and ending June 30, 2003, on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bonds $2,692,725.01 Jan.31,2003 M & T Trust Company Buffalo, New York Serial Bonds 157,463.75 Jan.31,2003 Chase Manhattan Bank, Dallas, Texas Serial Bonds 1,052,863.75 Jan.31,2003 HSBC New York, New York Serial Bonds 557,594.19 Bank New York Serial Bonds 1,468,000.00 Bank Jan. 31,2003 Deutsche New York, Feb. 1,2003 Deutsche 7. The aggregate amount to be deposited by the Director of the Treasury with the M &T Trust Company, Buffalo, New York, commencing on December 1, 2002 is $28,814,019.21. 8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director of the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in the Capital Debt Service Fund held by the Trustee, M &T Trust Company, Buffalo, New York, immediately upon receipt of any payment of or on account of any City ad valorem property taxes, until the amount deposited during each Collection Period is equal to the amount shown in Section 5 and 7, respectively. 9. 1 have this day delivered a copy of Certificate Number 2 -02 -03 to the Director of Treasury and to the Fleet Bank, Buffalo, New York. IN WITNESS WHEREOF, I have hereunto set my hand this 4th Day of December,2002. RECEIVED AND FILED NO. 4 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION REAL ESTATE We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify pursuant to §20 -11 of the Charter, that an increase in the sum of $5,3 50 in the estimate for the fiscal year beginning July 1, 2002 is necessary in Appropriation Allotments for the Division of Real Estate, to meet a contingency which was not reasonably foreseen when the budget was adopted. The amount of increased appropriations will be met from an increase of $5,350 in the General City Revenue account Org & Obj # 10034030 - 392102 - Sale of In Rem Property not otherwise appropriated for any other purpose. The details of the requirements are set forth below: To: 10314006 - 443200 - Building Alterations & Repairs $5,000 1 031 4005 - 461 005 - Photo & Drafting Supplies $ 350 Dated: Buffalo, NY, December 6, 2002 RECEIVED AND FILED NO. 5 CONTRACT PERSONNEL EMPLOYEES OR INDEPENDENT CONTRACTOR AUDIT FINDINGS There are in excess of 56 individuals paid as consultants in the years 2000 and 2001 (a few contracts in 2002) who fall one or more of the I.R.S. tests for Independent Contractor status. Their payments should have been included in salaries and wages, and withholdings taken on their income. Buffalo Economic Renaissance Corporation (BERC) There were 5 separate individuals paid over $166,857 during the audit period. Two of the individuals were later added to the payroll in similar functions. One was a f6riner employee of BERC and previously with the City. Buffalo Urban Renewal Agency (BURA) There were 35 separate individuals paid over $247,331 during the audit period. There were three former employees on contract. At least 12 were for amounts under $5,000. Buffalo Neighborhood Revitalization Corporation (BNRC) There were 16 separate individuals paid over $251,305 during the audit period. There was at least one who later became an employee. RECOMMENDATIONS There may be bargaining agreement considerations as these contracts are reviewed, especially in the BURA. This entity is included in the New York State Pension System. BERC and BNRC have 401(k) pension plans. The magnitude and percentage of these contracts to the total personnel and expense (56 contracts in organizations with 157 employees) is extremely high. The individuals who were also employees and the significant dollar amount of $665,000 leave us with a conclusion that there is little or no policy concerning personal service contracts. If there is a policy, it is not enforced to any extent by management or its boards of directors. The IRS regulations are very strict and specific. There are 20 specific requirements that must be met. If the test fails, then the contracts should never be entered into. A policy needs to be established and adhered to in all of the agencies of the City of Buffalo. One exists in the City of Buffalo, and it needs to be expanded to these entities. REFERRED TO THE COMMITTEE ON FINANCE, BERC, BNRC, BURA & CORPORATION COUNSEL. NO. 6 CERTIFICATE OF APPOINTMENT CORRECTED COPY Appointment Effective: November 25, 2002 in the Department of Audit and Control Division of Accounting to the Position of Senior Accountant Permanent Appointment at the Intermediate Starting Salary of $37,204 Dallas, Texas New York, New York Buffalo, New Serial Bonds 91385,000.00 Feb.3,2003 M & T Trust Company Dallas, Texas Serial Bonds 130,980.00 Mar. 31, 2003 HSBC Buffalo, New York Serial Bonds 2,090,000.00 April 1, 2003 M &, T Trust Serial Bonds 715,000.00 Feb.3,2003 Chase Buffalo, New Manhattan Bank, Serial Bonds 410,000.00 April 1, 2003 Chase Manhattan Bank, Dallas, Texas Serial Bonds 3,005,000.00 Feb.3,2003 HSBC Manhattan Bank, New York, New York Manhattan Bank, Serial Bonds 104,326.25 Feb. 14,2003 Chase Company Manhattan Bank, Buffalo, New York Serial Bonds 1,437,380.63 Dallas, Texas Serial Bonds 270,937.50 Feb. 14,2003 HSBC Buffalo, New York New York, New York Dallas, Texas Serial Bonds 11015,000.00 Feb. 15,2003 Chase New York, Manhattan Bank, Serial Bonds 387,470.00 May 31,2003 Deutsche 7. The aggregate amount to be deposited by the Director of the Treasury with the M &T Trust Company, Buffalo, New York, commencing on December 1, 2002 is $28,814,019.21. 8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director of the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in the Capital Debt Service Fund held by the Trustee, M &T Trust Company, Buffalo, New York, immediately upon receipt of any payment of or on account of any City ad valorem property taxes, until the amount deposited during each Collection Period is equal to the amount shown in Section 5 and 7, respectively. 9. 1 have this day delivered a copy of Certificate Number 2 -02 -03 to the Director of Treasury and to the Fleet Bank, Buffalo, New York. IN WITNESS WHEREOF, I have hereunto set my hand this 4th Day of December,2002. RECEIVED AND FILED NO. 4 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION REAL ESTATE We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify pursuant to §20 -11 of the Charter, that an increase in the sum of $5,3 50 in the estimate for the fiscal year beginning July 1, 2002 is necessary in Appropriation Allotments for the Division of Real Estate, to meet a contingency which was not reasonably foreseen when the budget was adopted. The amount of increased appropriations will be met from an increase of $5,350 in the General City Revenue account Org & Obj # 10034030 - 392102 - Sale of In Rem Property not otherwise appropriated for any other purpose. The details of the requirements are set forth below: To: 10314006 - 443200 - Building Alterations & Repairs $5,000 1 031 4005 - 461 005 - Photo & Drafting Supplies $ 350 Dated: Buffalo, NY, December 6, 2002 RECEIVED AND FILED NO. 5 CONTRACT PERSONNEL EMPLOYEES OR INDEPENDENT CONTRACTOR AUDIT FINDINGS There are in excess of 56 individuals paid as consultants in the years 2000 and 2001 (a few contracts in 2002) who fall one or more of the I.R.S. tests for Independent Contractor status. Their payments should have been included in salaries and wages, and withholdings taken on their income. Buffalo Economic Renaissance Corporation (BERC) There were 5 separate individuals paid over $166,857 during the audit period. Two of the individuals were later added to the payroll in similar functions. One was a f6riner employee of BERC and previously with the City. Buffalo Urban Renewal Agency (BURA) There were 35 separate individuals paid over $247,331 during the audit period. There were three former employees on contract. At least 12 were for amounts under $5,000. Buffalo Neighborhood Revitalization Corporation (BNRC) There were 16 separate individuals paid over $251,305 during the audit period. There was at least one who later became an employee. RECOMMENDATIONS There may be bargaining agreement considerations as these contracts are reviewed, especially in the BURA. This entity is included in the New York State Pension System. BERC and BNRC have 401(k) pension plans. The magnitude and percentage of these contracts to the total personnel and expense (56 contracts in organizations with 157 employees) is extremely high. The individuals who were also employees and the significant dollar amount of $665,000 leave us with a conclusion that there is little or no policy concerning personal service contracts. If there is a policy, it is not enforced to any extent by management or its boards of directors. The IRS regulations are very strict and specific. There are 20 specific requirements that must be met. If the test fails, then the contracts should never be entered into. A policy needs to be established and adhered to in all of the agencies of the City of Buffalo. One exists in the City of Buffalo, and it needs to be expanded to these entities. REFERRED TO THE COMMITTEE ON FINANCE, BERC, BNRC, BURA & CORPORATION COUNSEL. NO. 6 CERTIFICATE OF APPOINTMENT CORRECTED COPY Appointment Effective: November 25, 2002 in the Department of Audit and Control Division of Accounting to the Position of Senior Accountant Permanent Appointment at the Intermediate Starting Salary of $37,204 Dallas, Texas Serial Bonds 411,076.25 Mar. 31, 2003 M & T Trust Company Buffalo, New York Serial Bonds 48,285.00 Mar. 31,2003 Chase Manhattan Bank, Dallas, Texas Serial Bonds 130,980.00 Mar. 31, 2003 HSBC New York, New York Serial Bonds 2,090,000.00 April 1, 2003 M &, T Trust Company Buffalo, New York Serial Bonds 410,000.00 April 1, 2003 Chase Manhattan Bank, Dallas, Texas Serial Bonds 18,232.50 April 30,2003 Chase Manhattan Bank, Dallas, Texas Serial Bonds 85,000.00 May 1, 2003 Chase Manhattan Bank, Dallas, Texas Serial Bonds 1,661,845.63 May 14, 2003 M & T Trust Company Buffalo, New York Serial Bonds 1,437,380.63 May 30, 2003 M & T Trust Company Buffalo, New York Serial Bonds 241,500.00 May 30, 2003 Chase Manhattan Bank, Dallas, Texas Serial Bonds 605,813.75 May 30, 2003 HSBC New York, New York Serial Bonds 387,470.00 May 31,2003 Deutsche Bank New York, New York Serial Bonds 862,525.00 June 14,2003 M &T Bank Buffalo, New York $28,814,019.21 7. The aggregate amount to be deposited by the Director of the Treasury with the M &T Trust Company, Buffalo, New York, commencing on December 1, 2002 is $28,814,019.21. 8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director of the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in the Capital Debt Service Fund held by the Trustee, M &T Trust Company, Buffalo, New York, immediately upon receipt of any payment of or on account of any City ad valorem property taxes, until the amount deposited during each Collection Period is equal to the amount shown in Section 5 and 7, respectively. 9. 1 have this day delivered a copy of Certificate Number 2 -02 -03 to the Director of Treasury and to the Fleet Bank, Buffalo, New York. IN WITNESS WHEREOF, I have hereunto set my hand this 4th Day of December,2002. RECEIVED AND FILED NO. 4 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION REAL ESTATE We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify pursuant to §20 -11 of the Charter, that an increase in the sum of $5,3 50 in the estimate for the fiscal year beginning July 1, 2002 is necessary in Appropriation Allotments for the Division of Real Estate, to meet a contingency which was not reasonably foreseen when the budget was adopted. The amount of increased appropriations will be met from an increase of $5,350 in the General City Revenue account Org & Obj # 10034030 - 392102 - Sale of In Rem Property not otherwise appropriated for any other purpose. The details of the requirements are set forth below: To: 10314006 - 443200 - Building Alterations & Repairs $5,000 1 031 4005 - 461 005 - Photo & Drafting Supplies $ 350 Dated: Buffalo, NY, December 6, 2002 RECEIVED AND FILED NO. 5 CONTRACT PERSONNEL EMPLOYEES OR INDEPENDENT CONTRACTOR AUDIT FINDINGS There are in excess of 56 individuals paid as consultants in the years 2000 and 2001 (a few contracts in 2002) who fall one or more of the I.R.S. tests for Independent Contractor status. Their payments should have been included in salaries and wages, and withholdings taken on their income. Buffalo Economic Renaissance Corporation (BERC) There were 5 separate individuals paid over $166,857 during the audit period. Two of the individuals were later added to the payroll in similar functions. One was a f6riner employee of BERC and previously with the City. Buffalo Urban Renewal Agency (BURA) There were 35 separate individuals paid over $247,331 during the audit period. There were three former employees on contract. At least 12 were for amounts under $5,000. Buffalo Neighborhood Revitalization Corporation (BNRC) There were 16 separate individuals paid over $251,305 during the audit period. There was at least one who later became an employee. RECOMMENDATIONS There may be bargaining agreement considerations as these contracts are reviewed, especially in the BURA. This entity is included in the New York State Pension System. BERC and BNRC have 401(k) pension plans. The magnitude and percentage of these contracts to the total personnel and expense (56 contracts in organizations with 157 employees) is extremely high. The individuals who were also employees and the significant dollar amount of $665,000 leave us with a conclusion that there is little or no policy concerning personal service contracts. If there is a policy, it is not enforced to any extent by management or its boards of directors. The IRS regulations are very strict and specific. There are 20 specific requirements that must be met. If the test fails, then the contracts should never be entered into. A policy needs to be established and adhered to in all of the agencies of the City of Buffalo. One exists in the City of Buffalo, and it needs to be expanded to these entities. REFERRED TO THE COMMITTEE ON FINANCE, BERC, BNRC, BURA & CORPORATION COUNSEL. NO. 6 CERTIFICATE OF APPOINTMENT CORRECTED COPY Appointment Effective: November 25, 2002 in the Department of Audit and Control Division of Accounting to the Position of Senior Accountant Permanent Appointment at the Intermediate Starting Salary of $37,204 John L. Rusnak, 64 Brinton St., Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE PRESIDENT OF THE COUNCIL NO. 7 ADELPHIA- COMMERCIAL BUSINESS RATE CHANGE Adelphia has gone through many significant changes over the past year, but with everything that has happened, our commitment to customer service and satisfaction has remain unchanged. Once again this year, Adelphia has been highly rated in the J.D. Power and Associates customer satisfaction survey. As a responsible cable service provider, Adelphia does assess service rates to make certain that they accurately' reflect the cost of doing business. During a recent review, we found that we have inadvertently been using an incorrect method to determine the monthly billing for commercial customers, primarily with our sports programming. The license fees for sports channels are now considerably higher for establishments serving alcohol. Therefore, we are adjusting these prices. We recognize that other service providers offer similar services for commercial businesses, but have found that in most cases, their prices to be even higher than what will be reflected once these new prices take effect. For our hospitality customers who serve alcohol, the new structure may represent a significant increase for the services currently received. Therefore, we have reduced our basic service prices and have introduced discounts for customers maintaining our full lineup of basic and sports programming. In addition, we will now be offering sports programming services on an a -la -carte basis, separate from the Basic Cable Service charge. This will provide commercial customers with flexibility in customizing a package to meet their specific needs and the needs of their patrons. For our business customers who are not in the hospitality business, many of our prices are not changing so they may not see a significant change. The enclosed rate card provides you with more detailed information regarding Adelphia's commercial price structure, which will become effective with January billing statements. Again, we are confident that Adelphia's new commercial rates are highly competitive with other service providers. Our new pricing was specifically developed to be a better value than satellite service. In addition, Adelphia continues to offer better, local customer service and better, more reliable technology. Adelphia is proud to be a continuing part of the City of Buffalo community. By providing a modem telecommunications network, supporting local charitable and civic organizations, delivering free cable service and Internet access to local schools, and providing local jobs, Adelphia continues its active involvement in the development of our community. Please feel free to contact me at 558 -8545 if you would like to discuss these changes, or any other aspect of Adelphia's service to the City of Buffalo community. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND THE OFFICE OF TELECOMMUNICATIONS FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 8 NOTIFICATION SERIAL # 9528 INSTALL STOP SIGN (POLICE EMERGENCY) IN NORTH OAK STREET AT CARLTON STREET STOP SIGNS - INSTALL (POLICE EMERGENCY) In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorabic Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 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 North Oak Street Carlton Street NOTIFICATION SERIAL # 9529 INSTALL STOP SIGN (POLICE EMERGENCY) IN NORTH OAK STREET AT HIGH STREET STOP SIGNS - INSTALL (POLICE EMERGENCY) In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 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 North Oak Street High Street NOTIFICATION SERIAL # 9530 REPEAL ONE -WAY STREET DIRECTION (POLICE EMERGENCY) NORTH OAK STREET - SOUTHBOUND FROM HIGH STREET TO CARLTON STREET ONE -WAY STREET DIRECTION - REPEAL (POLICE EMERGENCY) In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of 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 North Oak Street southbound from High Street to Carlton Street NOTIFICATION SERIAL # 9531 PERMISSIVE PARKING - REPEAL ON NORTH OAK STREET, CAST SIDE BETWEEN CARLTON STREET AND HIGH STREET PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING - DAILY North Oak Street, cast side between southbound 2 hour parking Carlton Street and High Street 7 AM to 7 PM Except Sunday This action is being taken to reflect existing conditions on the street (see next serial). NOTIFICATION SERIAL # 9532 INSTALL NO STANDING ON NORTH OAK STREET, EAST SIDE BETWEEN CARLTON STREET AND HIGH STREET NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD North Oak Street, east side At all times between Carlton Street and High Street This action is being taken to reflect existing conditions on the street (see previous serial). REFERRED TO THE COMMITTEE ON LEGISLATION NO. 9 CONCERNS LEAF PICK -UP- JOHNSON PARK ITEM # 61, CCP, NOVEMBER 26, 2002 In response to the above mentioned, please be advised that my Deputy Commissioner, Paul V. Sullivan, personally spoke to Marilyn Rodgers soon after the problem arose and had her leaves picked up immediately. We also plan on reviewing our leaf policy in the future. REFERRED TO THE SPECIAL COMMITTEE ON STREETS SERVICES NO. 10 CHANGE IN CONTRACT BURVID ICE RINK RENOVATIONS TO PARKING LOT I hereby submit to Your Honorable Body the following changes for the Burvid Ice Rink, Renovations to Parking Lot, Thomann Asphalt Paving Co., C #92010616. 1. Replace (3) concrete collars at parking lot catch basins and increase concrete depth from 4" to 8 ". Add $ 150.00 The - foregoing change results in a net increase in the contract of One Hundred Fifty and 00/1130 Dollars $150.00. Summary: Current Contract Amount $80,052.50 Amount of This Change Order ( #2) Add $ 150.00 Revised Contract Amount $80,202.50 Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini & Tries Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 35320706 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 22, 2002, 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. 2, to Thomann Asphalt Paving Co., an Increase in the amount of $150.00, as more fully described in the above communication, for work relating to Burvid Ice Rink, Renovations to Parking Lot, C #92010616. Funds for this project are available in CPF 35320706 445 100 - Division of Buildings. PASSED AYES -13 NOES -0 NO. 11 CHANGE IN CONTRACT JFK COMMUNITY CENTER HVAC UPGRADE I hereby submit to Your Honorable Body the following changes for the JFK Community Center, HVAC Upgrade, R P Mechanical, C #92010629. 1. Credit for asbestos removal. 2. Replace gym door louvers for return air to AHU's. 3. Replace gravity exhaust louver in gym. 4. Replace 1" piping in girls locker room. Deduct $ 1,720.00 Add $ 777.00 Add $ 808.00 Add $ 1,241.00 The foregoing change results in a net increase in the contract of One Thousand One Hundred Six and 00/100 Dollars ($1,106.00). Summary: Current Contract Amount $166,325.00 Amount of This Change Order ( #1) Add $ 1,106.00 Revised Contract Amount $167,431.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 36321506 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 22, 2002, 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 R P Mechanical, an increase in the amount of $1,106.00, as more fully described in the above communication, for work relating to JFK Community Center, HVAC Upgrade, C #92010629. Funds for this project are available in CPF 3632506 445 100 - Division of Buildings. PASSED AYES -13 NOES -0 NO. 12 CHANGE IN CONTRACT MEMORIAL AUDITORIUM EMERGENCY ROOF WORK I hereby submit to Your Honorable Body the following changes for the Memorial Auditorium, Emergency Roof Work, Jos. A. Sanders & Sons, Inc., C #92010674. 1. Additional roof work due to weak areas in the metal deck on the south end of the building; damage to exterior ladder on the north end of the building. Add $ 11,674.00 The foregoing change results in a net increase in the contract of Eleven Thousand Six Hundred Seventy Four and 00/100 Dollars ($11,674.00). Summary: Current Contract Amount $82,601.00 Amount of This Change Order ( #1) Add $11,674.00 Revised Contract Amount $94,275.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 30023306 445,100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets, dated November 22, 2002, 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 Jos. A. Sanders & Sons, Inc., an increase in the amount of $11,674.00, as more fully described in the above communication, for work relating to Memorial Auditorium, Emergency Roof Work, C #92010674. Funds for this project are available in CPF 30023306 445100 - Division of Buildings. PASSED AYES -13 NOES -0 NO. 13 INCREASE PENALTY FOR ILLEGAL DUMPING ITEM # 183, CCP, NOVEMBER 26, 2002 In response to the above mentioned, illegal dumping is a major problem in the City of Buffalo. It seems that the Ilegal dumpers have no fear of being prosecuted for their actions. I agree with the proposal to raise the fine for illegal dumping from $1,500 to $5,000. Illegal dumping is a costly expense to the residents of the City of Buffalo, because it causes us to use a lot of manpower in picking up this illegal dumping of garbage and trash. It would also be a good idea to use some of the revenue raised from the proposed fine increase to pay for video cameras at the more frequent illegal dumping areas in our City. REFERRED TO THE COMMITTEE ON FINANCE NO. 14 PERMISSION TO ENTER INTO AGREEMENT WITH ERIE COUNTY MUNICIPAL WASTE REDUCTION PROJECT ITEM #28, C.C.P. 11/26/02 The referenced item was requested from this department to join with the County of Erie in a coordinated recycling education project. Council Staff has asked that I respond to questions raised by the Council. The $35,000 that would be transferred to the County would be for the City's share of the required local match. These funds will come from the money that BFI sets aside for recycling education, as required by the terms of their contract for recycling of collected materials. Both the City and the County are eligible for the State grants, but we feel that a coordinated application and program would be looked upon more favorably. We do not have any definitive plan in place yet, and I welcome any input by the Council. REFERRED TO THE COMMITTEE ON FINANCE No.15 Permission to Hire Engineering Consultant Babcock St. Bridge over Norfolk Southern Railroad BIN 42260420 PIN #5756.67 No. 39 of July 23, 2002 Permission is requested from your Honorable Body to authorize the Commissioner of Public Works, Parks Streets to hire an Engineering Consultant to prepare plans, specifications, receive bids and perform construction inspection for demolition and Reconstruction of the Babcock Street Bridge over Norfolk South Railroad North of Seneca Street. This project is part of the Buffalo- Niagara Region area -wide Transportation Improvement Program (TIP) funded by the FHWA with matching funds by the City of Buffalo. Project costs including engineering $5,275,000 and funds for the City's share (5 %) will be available in our Capital Project account for Local Ma Reserve Projects. Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 3, 2002 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire an Engineering Consultant to prepare plans, specifications, receive bids and perform construction inspection for demolition and Reconstruction of the Babcock Street Bridge over Norfolk Southern Railroad North of Seneca Street. Funds for the City's share (5 %) will be available in Capital Projects account for Local Match Reserve Projects. Passed. AYES - 12 - NOES — 1 AYES - BONIFCIO, COPPOLA, FISHER FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOEMPIO, MARTINO, PITTS AND THOMPSON — 12 NOES — DAVIS - 1 NO. 16 Permission to Hire Engineering Consultant Inner Harbor & Waterfront Development Transportation Infrastructure Facility PIN #5756.69, 5755.80 No. 31 of October 15, 2002 Permission is requested from your Honorable Body to authorize the Commissioner of Public Works, Parks Streets to hire an Engineering Consultant to prepare plans, specifications, receive bids and perform construction inspection for construction of the Inner Harbor & Waterfront Development Transportation Infrastructure Facility. The project scope consists of building a parking facility and related highway infrastructure conjunction with the Inner Harbor, Waterfront and Memorial Auditorium Development. This project is part of the Buffalo- Niagara Region's area -wide Transportation Improvement Program (TIP) funded by the FHWA with matching funds by the City of Buffalo. Project costs including engineering $16.25 million and funds for the City's share (20 %) will be available in our Capital Project account for Le Match Reserve Projects. REFERRED TO THE COMMITTEE ON FINANCE NO. 17 Proposed Sale Flint Alley / Lease Portion of West Mohawk St. New Federal Courthouse Project Our department has recently received an environmental assessment prepared by Parsons Engineering for construction of a new $75 million dollar Federal Courthouse by the Federal Government, General Services Administration (GSA). The preferred site for the project is the N.W. Corner of Niagara Square and the entire adjacent city block bordered by Niagara St., South Elmwood Ave., West Mohawk St. and Delaware Ave. (See map attached). In order to construct the project as proposed by the GSA it will be necessary to close, abandon and sell Flint Alley between Delaware Ave. and West Mohawk St. Also, in order to comply with setback requirements for federal buildings the GSA is proposing to lease and occupy the south half of West Mohawk St. between South Elmwood and Delaware Avenue. It is requested that Your Honorable Body refer this matter to the Planning Board, Division of Real Estate and the Law Department for review and comment. Pending approval by the Planning Board and other affected parties our department will submit the necessary items requesting permission for the closing /sale of Flint Alley and occupation /lease of right of way on West Mohawk St. REFERRED TO THE COMMITTEE ON FINANCE, THE CITY PLANNING BOARD, THE DIRECTOR OF REAL ESTATE AND THE CORPORATION COUNSEL NO. 18 Scajaquada Pathway - Phase III State Environmental Quality Review SEQR) and Full Environmental Assessment Form (EAF) PIN 5756.14 No. 114 of 12/12/00 Attached for your Honorable Body's review is a New York State Environmental Quality Review (SEQ Full Environmental Assessment Form (EAF) for Federal Aid Project #5756.14 - Phase III - Scajaquada Pathway. Our Department is requesting Lead Agency Designation for the Project as we are currently engaged in Design process for Phase III of the Scajaquada Pathway, according to Part 617 GNYCRR Article 8 of Environmental Conservation Law All involved agencies have 30 calendar days to review and comment on the EAF and concur with 1 City's request for Lead Agency Designation. REFERRED TO THE COMMITTEE ON COMMUNIITY DEVELOPMENT NO. 19 Streets paved - 2002 Construction Season As requested, enclosed please find a list of City streets paved during the 2002 construction season. COPY AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION NO. 20 Transfer of Title for Vulcan St. and Kenmore Ave. to Erie County Items # 175 and 176, C.C.P. 11/26/02 The referenced items were sent to this department for comment. This department agrees with the sentiment of the resolutions and has no objection to transferring the title of Vulcan St. and Kenmore Ave. to the County of Erie, provided that there are no restrictions to the titles. We will work with the Corporation Counsel's office to research the title and deeds to make sure that there are no reversionary clauses or restrictions to our current title. We will report our findings to the Council. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 21 Certificate of Appointment Appointment Effective: December 2, 2002 in the Department of Publi6 Works, Parks and Streets Division of Streets to the Position of Motor Equipment Mechanic Permanent Appointment at the: Intermediate Starting Salary of: $29,914 David Bucholz 44 Pavonia Buffalo, NY 14207 Timothy Hall 33 Mariner Buffalo, NY 14201 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 22 Certificate of Appointment Appointment Effective December 2, 2002 in the Department of Public Works, Parks and Streets Division of Streets to the Position of Motor Equipment Mechanic Permanent Appointment at the: Maximum Starting Salary of: $32,661 William Garland 70 Mariemont Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE I a :IQ LVi& I.I =11115K6Lrihril IQ 0 1 I4:ZO] 01e] I IN 0 No. 23 Concerns -Kerns Ave" ( #69 C.C.P. Oct, 29, 2002).] [Item 969, C.C.P. Oct. 19,2002 Inspector Andres of E- District has been advised to increase patrols in the Kerns Ave. area in. an effort to curtail further break -ins. RECEIVED AND FILED No. 24 Drug Asset Forfeiture Checks Received Item No. 104, C.C.P. 2/2/88 8155- 00116837 C2 -01 -0081 93.95 8155 - 00116853 C2 -01 -0062 2,588.35 8155 - 00117046 C2 -02 -0092 575.35 8155- 00117046 C2 -01 -0097 2,122.85 8155 - 00117046 C2 -02 -0099 1,499.95 8155- 00117046 C2 -02 -0101 1,001 -35 8155 - 00116770 C2 -01 -0153 1,205.12 8155 - 00116996 C2 -02 -0056 710.35 8155 - 00116996 C2 -02 -0090 716.35 8155 - 00116942 C2 -02 -0021 107.35 8155 - 00116942 C2 -02 -0070 626.35 8155- 00116942 C2 -02 -0069 1,106.95 8155 - 00116942 C2 -02 -0074 770.95 8155 - 00116942 C2 -02 -0075 842.35 TOTAL DEPOSIT $13 The above referenced property has been administratively forfeited by the Drug Enforcement Administration. (DEA). The checks were received by this Department and duly deposited in the Trust & Agency Account, #20010000- 389001 These funds will be placed into one or more of the following accounts as deemed by the Commissioner of Police: Educational Training /Seminar Confidential Funds Materials and Supplies Firearms and Weapons Communications and Computers Electrical Surveillance Purchase of Services Improvements Vehicles Operating Equipment If you have arty questions regarding the above mentioned, please contact Chief Edward Hempling at 851 -518 1 RECEIVED AND FILED NO. 25 Certificate of Appointment Appointment Effective: November 25, 2002 in the Department of: Police to the Position of: Laborer I Permanent Non - Competitive at the: Intermediate Starting Salary of: $ 11.07 Kevin Cannon 186 Goethe Street Buffalo, N.Y. 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 26 Architectural Salvage Contract Item No. 74, C.C.P., 9/3/2002 Attached for your approval is the revised draft contract between the City of Buffalo and the Allentown Association, Inc. on behalf of the Buffalo Architectural Salvage Committee. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION NO. 27 Authorization to Complete Acquisition of the Real Property located at 43 West Huron Street, Buffalo, New York and Cessation With Prejudice of all related legal proceedings concerning acquisition of the same The Common Council has previously approved a Bond Resolution, of the City of Buffalo, (Item No. 173, C.C.P., 5/15/2001), authorizing the issuance of $13,636,444 General Improvement Bonds to finance the costs of the acquisition of 43 West Huron Street to provide a site and construction thereon of an addition to the Augspurger Parking Ramp. Since that time representatives from the City of Buffalo Division of Real Estate, Board of Parking and Law Department have been negotiating with representatives from the Church of Scientology of Buffalo and their legal counsel to acquire the property at 43 West Huron Street. The City of Buffalo commissioned two appraisals and the Division of Real Estate submitted an offer of $425,000 to the Church of Scientology of Buffalo on July 2, 2001. The offer was rejected by the Church based upon their appraisal by Howard Schultz in the amount of $650,000 and other concerns involving disruption of religious services and inability to find a suitable facility to relocate the Church. Since that time the City of Buffalo, its agents and representatives have continued to meet with and negotiate with tile representatives and legal counsel for the Church of Scientology of Buffalo. In October of this year the Buffalo Urban Renewal Agency on behalf of the City of Buffalo authorized the acquisition of the property through negotiations or Eminent Domain. At that time the Church of Scientology of Buffalo commenced an Action captioned Church of Sciewology of Buffalo v. City of Buffalo, et al., No. 02- CV -0728C (W.D.N.Y. filed Oct. 10, 2002), to challenge the authority of the City of Buffalo and the Buffalo Urban Renewal Agency to exercise Eminent Domain Power against the Church. Even though an action was commenced, the City of Buffalo and the Church continued to meet and pursue all amicable resolution for the acquisition of the property. On December 5, 2002, the City of Buffalo and the Church of Scientology of Buffalo have reached a proposed amicable resolution for the transfer of the property and a cessation of all legal proceedings between the parties. Therefore, I am recommending that the Common Council approve the purchase of 43 West Huron Street from the Church of Scientology of Buffalo in the amount of $740,000 upon the following terms and conditions: That the City of Buffalo, its agents and officers ( "City ") is hereby authorized and directed to take all steps necessary to complete the purchase of the real property and improvements located at 43 West Huron Street, Buffalo, New York ( "Property ") from its current owner, the Church of Scientology of Buffalo ( "Church "). The purchase price of the Property is Seven Hundred Forty Thousand Dollars ($740,000) (the "Payment "). The Church has an appraisal valuing this property at Six Hundred and Fifty Thousand Dollars ($650,000). The City and the Church have also agreed that the Payment will resolve all outstanding issues between the Buffalo Urban Renewal Agency ( "BURA "), the City and the Church with respect to the proposed acquisition of the Property. The Payment will satisfy any and all obligations of BURA and the City in connection with the acquisition of the Property for the proposed expansion of the Augspurger Parking Ramp including, but not limited to, the cost of the Property and applicable relocation costs for the Church. The Church will discontinue the litigation captioned Church of Scientology of Buffalo v. City of Buffalo, et al., No. 02- CV -0728C (W.D.N.Y. filed Oct. 10, 2002) and now supports the development of the Augspurger Parking Ramp Expansion project. The real estate closing for the sale of the Property will take place within 30 days from approval of this Resolution by the Common Council. The Church will enter into a month - to -month lease with the City for the Property at terms to be negotiated. The term of the lease will be from the date of the closing on the purchase of the Property through May 1, 2003 at which time the Church must vacate the Property. The lease will provide effective remedies to guarantee that the Church vacates the property no later than May 1, 2003. The detailed description of the Property is as follows: ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Eric and State of New York, being part of Inner Lot No. 97, bounded and described as follows: BEGINNING at the southwest comer of said Inner Lot Number 97 at the intersection of Huron Street with the easterly line of Franklin Street; thence easterly at right angles along the north line of Huron Street one hundred ten (110) feet to an alley ; thence northerly a t right angles with Huron Street eighty -three (83) feet; thence westerly at right angles and parallel with Huron Street one hundred ten (1 10) feet to Franklin Street; thence southerly along the east line of Franklin Street eighty -three (83) feet to the place of beginning, be the same more or less. That the Property will be used for the construction of an addition to the Augspurger Parking Ramp, including a new City -owned ten level ramp building adjacent and connected to the existing Augspurger Parking Ramp building. That the funds to finance the acquisition of the Property are available in the City of Buffalo Board of Parking's bond account, account number 51019036445 100. That the Corporation Counsel is hereby authorized to take all steps and prepare all necessary documents for the acquisition of this property and that the Mayor be authorized to execute the same. Mrs. LoTempio Moved: That the above communication from the Department of Law dated December 5, 2002 be received and filed; and That the Common Council approve the purchase of 43 West Huron Street from the Church of Scientology of Buffalo in the amount of $740,000 upon the following terms and conditions: That the City of Buffalo, its agents and officers ( "City ") is hereby authorized and directed to take all steps necessary to complete the purchase of the real property and improvements located at 43 West Huron Street, Buffalo, New York ( "Property ") from its current owner, the Church of Scientology of Buffalo ( "Church "). The purchase price of the Property is Seven Hundred Forty Thousand Dollars ($740,000) (the "Payment "). The Church has an appraisal valuing this property at Six Hundred and Fifty Thousand Dollars ($650,000). The City and the Church have also agreed that the Payment will resolve all outstanding issues between the Buffalo Urban Renewal Agency ( "BURA "), the City and the Church with respect to the proposed acquisition of the Property. The Payment will satisfy any and all obligations of BURA and the City in connection with the acquisition of the Property for the proposed expansion of the Augspurger Parking Ramp including, but not limited to, the cost of the Property and applicable relocation costs for the Church. The Church will discontinue the litigation captioned Church of Scientology of Buffalo v. City of Buffalo, et al., No. 02- CV -0728C (W.D.N.Y. filed Oct. 10, 2002) and now supports the development of the Augspurger Parking Ramp Expansion project. The real estate closing for the sale of the Property will take place within 30 days from approval of this Resolution by the Common Council. The Church will enter into a month -to -month lease with the City for the Property at terms to be negotiated. The term of the lease will be from the date of the closing on the purchase of the Property through May 1, 2003 at which time the Church must vacate the Property. The lease will provide effective remedies to guarantee that the Church vacates the property no later than May 1, 2003. The detailed description of the Property is as follows: ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York, being part of Inner Lot No. 97, bounded and described as follows: BEGINNING at the southwest comer of said Inner Lot Number 97 at the intersection of Huron Street with the easterly line of Franklin Street; thence easterly at right angles along the north line of Huron Street one hundred ten (110) feet to an alley; thence northerly at right angles with Huron Street eighty -three (83) feet; thence westerly at right angles and parallel with Huron Street one hundred ten (1 10) feet to Franklin Street; thence southerly along the east line of Franklin Street eighty -three (83) feet to the place of beginning, be the same more or less. That the Property will be used for the construction of an addition to the Augspurger Parking Ramp, including a new City -owned ten level ramp building adjacent and connected to the existing Augspurger Parking Ramp building. That the final design of the addition b submitted to the Council for approval. That the funds to finance the acquisition of the Property are available in the City of Buffalo Board of Parking's bond account, account number 51019036445 100. That the Corporation Counsel is hereby authorized to take all steps and prepare all necessary documents for the acquisition of this property and that the Mayor be authorized to execute the same. Passed. AYES -12- NOES -1 AYES - BONIFCIO, COPPOLA, DAVIS, FISHER FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOEMPIO, MARTINO, AND THOMPSON — 12 NOES — PITTS - 1 NO. 28 Fibertech Networks Lease Amendment The Common Council previously approved (Item No. 223, C.C.P., July 24, 2001) a Lease Agreement with Fiber Technologies Networks, LLC., also known as Fibertech Networks, LLC. That agreement allows Fibertech to run fiber -optic cable along two routes in the City of Buffalo. They do not require the North Street route, and as such, wish to amend the agreement to delete that route. Attached is an Amendment to do that, leaving all other terms of the Agreement intact. The Council is being requested to approve the Amendment and authorize the Mayor to execute the same. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS NO. 29 Review of Nominee for Appointment - Buffalo Municipal Housing Authority C.C.P., 11/12/02, No. I The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of November 21, 2002) that the following nominees to the Buffalo Municipal Housing Authority has no outstanding debts to the City: Sherill Colston RECEIVED AND FILED NO. 30 Review of Nominee for Appointment- Assessment Review Board C.C.P., 11/12/02, No. 14 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of November 21, 2002) that the following nominees to the Board of Assessment Review, Permanent Members, have no outstanding debts to the City: William Maggio RECEIVED AND FILED NO. 31 Review of Nominee for Appointment- Assessment Review Board, Temporary Members C.C.P., 11/12/02, No. 15 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of November 21, 2002) that the following nominees to the Board of Assessment Review, Temporary Members, have no outstanding debts to the City: Robert Zielinski RECEIVED AND FILED FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 32 B. Davis -S. Hunter -info. Order -560 Spring (Item No. 62, C.C.P. 11/26/2002: 1 am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. Upon receipt of the aforementioned Common Council Communication, we in the Department of Permit and Inspection Services have reviewed our records and have found no records of active files concerning a notice of violation of the Housing and Property Code of the City of Buffalo. Apparently, Mrs. Shirley A. Hunter of 560 Spring Street has had her utilities cut in reference to a demolition supposedly being performed by Cambria Contracting. We in the Department of Permit and Inspection Services have no knowledge of these supposed actions of vandalism performed on her property. If Mrs. Hunter can not resolve her situation, please feel free to contact Director Gary W. Ziolkowski for further assistance. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 33 Restaurant Dance Class III 236 Delaware 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 III License located at 236 Delaware 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 III license is be in sought and according to the attached Certificate of Occupancy report, 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 Matthew Doh This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION No. 34 Restaurant Dance Class III 75 West Chippewa 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 III License located at 75 West Chippewa and find that as to form is correct. have caused an investigation into the premises for which said application for a Restaurant Dance Class III license , being Sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Michael Sherk. The attached thereto for Michael Sherk d /b /a Level Entertainment LLC, The request is submitted for your approval or whatever action you deem appropriate. Mrs. LoTempio Moved: That the above communication from the Commissioner of Permit and Inspection Services dated December 3, 2002, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to grant a Restaurant Dancing Class III License to Michael Sherk d /b /a Level Entertainment LLC, located at 75 West Chippewa Street. Passed. AYES - 13 - NOES — 0 NO. 35 Second Hand Dealer 11 Court Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Second Hand Dealer License located at 11 Court and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with al, regulations and other applicable laws, I have caused an investigation by the Police Department into the moral character of Edward Wicks. The attached thereto for Edward Wicks d /b /a Weisberg Jewelers. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 36 Second Hand Dealer 1832 Seneca Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Second Hand Dealer License located at 1832 Seneca and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building 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 David Gouchle. The attached thereto for David Gouchie d /b /a Stzko Enterprises. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 37 Used Car Dealer 114 Breckenridge Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at H 4 Breckenridge and find that as to form is correct, I have cause( an investigation into the premises for which said application for a used car dealer license is being sought and according t( the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with al regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Sabrina Irizarry. The attached thereto for Sabrina Irizarry d /b /a Cosuma. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 38 USED CAR DEALER 534 COLVIN Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for- a Used Car Dealer License located at 534 Colvin and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building 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 John Ali. The attached thereto for John Ali d /b /a Boulevard Auto Sales. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 39 USED CAR DEALER 321 HAMPSHIRE Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 321 Hampshire and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building 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 Miguel Lopez. The attached thereto for Miguel Lopez d /b /a Hampshire Auto. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 40 USED CAR DEALER 771 MILITARY Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 771 Military and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from tile 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 Michael Vaccaro. The attached thereto for Michael Vaccaro d /b /a Buffalo Truck Equipment Inc. This request is submitted for your approval or whatever action you deem appropriate REFERRED TO THE COMMITTEE ON LEGISLATION NO. 41 CERTIFICATE OF APPOINTMENT Appointment Effective December 6, 2002 in the Department of Permit & Inspection Services, Division of Inspections to the Position of Building Inspector, Permanent Appointment at the Intermediate (step 3) Starting Salary of $ $40,838 Joseph F. Parisi, 56 Knox Ave., Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 42 CERTIFICATE OF APPOINTMENT Appointment Effective: December 6, 2002 in the Department of Permit & Inspection Services, Division of Inspections to the Position of Building Inspector, Permanent Appointment at the: Maximum (step 5) Starting Salary of: $ $43,809 Terence Prendergast,330 McKinley Pkwy, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 43 CERTIFICATE OF APPOINTMENT Appointment Effective: October 25, 2002 in the Department of Permit & Inspection Services, Division of Inspections to the Position of Supervisor of Building Construction, Permanent Appointment at the intermediate step 4 of $44,679 David J. Grundy, 17 Florence Ave, Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 44 "STATE OFFERS AMNESTY TO LATE TAXPAYERS" ITEM NO. 64.C.C.P. 11/26/2002 lit is unclear as to what your Honorable Body is looking for in referring this item to me. This amnesty pertains to unpaid state income taxes. I am happy to discuss the item further if you wish. REFERRED TO THE COMMITTEE ON FINANCE NO. 45 "TRANSPORTATION" ITEM NO. 13.C.C.P.1 1/26/2002 Neither I nor the staff in the Division of Purchasing /Inventory and Stores were involved in whatever was the next phase of the Comptroller's work. The document itself is difficult to follow directly, presents much that is not specific, and much that is not tied to anything. I am not sure how to react to the topic "preconceived notions." Nonetheless I will try to respond to some of the items called recommendations in the best way I can. Fuelmaster reports: We have given Fuelmaster data to the Comptroller's staff in diskette form so that they could review it; we did so following the last report. We also scheduled a session for Councilmembers to review the system. I am unclear as to why the Comptroller says they could not look at the data. If there is a need for help in understanding the reports, we would be happy to be helpful. MIS: We work with MIS on this system frequently. They are supportive and to the extent we need them for system maintenance would do so. But this is not a system that can be run solely by MIS. All service oriented systems need management oversight. Physical inventory of vehicles: We recently completed an inventory of the City vehicles in conjunction with the issuance of new license plates by the state. I am not sure the Comptroller is aware of this fact. We verified the existence of stickers and VIN numbers, etc. I would be happy to have Purchasing staff talk to the Comptroller about the work. ,Centralized versus departmental control: I do believe it is important to centralize fleet information. I also believe that the department head needs to be responsible for the day to day needs of their department. I think we have the right balance for this at the moment. Managers do control the activities. Logs: L ogs are kept in some City -owned vehicles. I am not clear as to what the recommendation is here. In general, I find this report difficult to follow. It would -as I have mentioned before -be very helpful if the Division of Audit would arrange for some type of communication, exit interview, entrance interview, etc. in between filings with the Council. I trust this answers your question. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF COMMUNITY SERVICES NO. 46 CERTIFICATE OF APPOINTMENT Appointment Effective November 25, 2002 in the Department of Community Services, Division of Substance Abuse Services to the Position of Senior Counselor, Permanent APPOINTMENT at the INTERMEDIATE Starting Salary of $35,215 Arleen Filipski, 106 Amherst, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 47 "REPORTED ASTHMA PROBLEMS AT PERRY PROJECTS" Dear Mr. Jaskula: I am in receipt of a facsimile copy of the above - referenced item by Mr. Franczyk. In. your message, you write that the item was originally sent to us in September. Unfortunately, we never received it, and neither I nor Executive Director Sharon M. West was aware of this item until just this morning. On behalf of the Buffalo Municipal Housing Authority, I can state that we have not been made aware of any increase in reported asthma cases at either the Commodore Perry Homes, or the Commodore Perry Extension. If such an increase has been noted, more recently than the mid- I 990's, we would be most anxious to see the report in order to determine what if anything we could do about the situation. As far as the item's comment concerning "considerable construction work ", the modernization work currently being performed at Perry consists of elevator installation and kitchen modernization in the high -rise buildings, which are designated as housing for the elderly and disabled, and thus have few residents with small children. Please feel free to contact either myself or Executive Director Sharon M. West if you should require any specific information. concerning the Commodore Perry modernization work. I remain, Very truly yours. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CITY CLERK NO. 48 MINUTES OF THE BOARD OF ETHICS Attached please find the minutes of the October 8, 2002 Board of Ethics meeting. City of Buffido Board of Ethics Meeting October 8, 2002 Present: James Magavern Richard SWhvan Charles L. Michaux, III Michael Risman Eleanor Paterson Charles 1. Price Exused: Douglas Coppola David Hayes, of Counsel Ex- Officio: Margherita Fanti, Human Resources Mr. Magavern chaired this meeting in the absence of Mr. Coppola. Mr. Coppola had a conflict on this date and could not attend. Item# 1) Roll Call Item #2) The board moved to accept the minutes of the September 10, 2002 meeting. So moved by Mr. Price, seconded by Mr. Michaux. All were in favor. Item # 3) The board discussed the matter of Mr. McGurn signing an application & Permit for 830 Abbott Rd. Mr. Risman stated that he had spoken to Mr. McGurn regarding this issue and that he (Mr. McGurn) believes he acted in good faith when signing the application & permit. Mr. Michaux questioned the fact that the original application was denied, noting that Mr. McGurn appeared before the zoning board on appeal to have the matter reversed. The zoning board approved the application after Mr. McGums appearance. Mr. Michaux questioned "by Mr. McGurn needed to appear at all since the property owner vv &,; present at the hearing and could have addressed the zoning board on his own behalf. The board members discussed the matter at great length and it was decided by the Ethics Board that a response to Mr. McGurn be drafted stating the boards opinion and guidelines on this matter. Mr. Sullivan agreed to handle the drafting of the letter and stated that he would have it prepared for review by the next scheduled board meeting. Item #4) A letter outlining Mr. Sciolino's travel expenses and; Item #5) New appointments to the Heating Board of Examiners were received and filed by the board. Item #6) The board addressed a letter received from Mr. William D. McGuire, President of Local 264 asking the board if it had received any filings by Mr. Joseph Giambra, Mr. Paul Sullivan or Mr. Thomas Laudico pertaining to a trip to Las Vegas, NV between lato -May or mid -June. The board had not received any items filed by the above - mentioned individuals and suggested that a letter be sent to Mr. McGuire stating such. It was also suggested that the board send copy of the letter to the three gentlemen in question giving each a chance to respond. This was so moved by Mr. Sullivan, seconded by Mrs. Paterson Item #7) COGEL Informational - President's Message, was received and filed by the board. The next meeting of the Board of Ethics was set for Thursday, November 7, 2002 in room 1317 at 9:00 a.m. Meeting adjourned. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 49 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 492 Pearl Street Hemingways Megan Franklin Inc RECEIVED AND FILED NO. 50 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: X Comptroller- Nataliya Zingorenko X Public Works, Streets & Parks- Joseph Lunghino X Police- Elizabeth Mann, Rachelle Levesque - Pratts RECEIVED AND FILED. NO. 51 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mrs. LoTempio moved the approval of the appointments to the position of Council Intern ADOPTED. CERTIFICATE OF APPOINTMENT Appointment Effective: in the Department of Division of to the Position of COMMON COUNCIL INTERN VI, SEASONAL Non - Competitive at the flat Starting Salary of $10.00 /H R Erika m. Rodriguez, 115 Greeley st, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment Effective: November 25, 2002 in the Department of Common Council to the Position of Intern VI, Seasonal, Non - Competitive at the flat Starting Salary of $10.00 /hr Renee Rechan, 8 North Drive, Buffalo, NY 14216 NO. 52 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 December 6, 2002 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/hr Mark Mosca, 588 Dorrance, Buffalo, NY 14218 Donald Palmer, 31 Philadelphia, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment Effective December 4, 2002 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/hr David Paul, 44 Pavonia Street, Buffalo, NY 14207 Anthony Nigro, 28 Wellington, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment Effective December 3, 2002 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/hr Bart Stachoski, 400 Willett Avenue, Buffalo, NY 14206 CERTIFICATE OF APPOINTMENT Appointment Effective December 2, 2002 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/hr James Dempsey, 190 Melrose, Buffalo, NY 14210 Anthony D. Moye, 600 Sycamore Street, Buffalo, NY 14214 CERTIFICATE OF APPOINTMENT Appointment Effective November 29, 2002 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/hr Michael R. LaFrano, 332 Grant Street, Apt. 2, Buffalo, NY 14213 NO. 53 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 December 9, 2002 in the Department of Community Services, Division of Substance Abuse Services to the position of Counselor II, Permanent Appointment at the Minimum Starting Salary of $27,278.00 Richard Keohane, 417 Hoyt Ave., Buffalo 14213 CERTIFICATE OF APPOINTMENT Appointment Effective December 5, 2002 in the Department of Community Services Division of Substance Abuse Services to the Position of Counselor III, Provisional Appointment at the minimum Starting Salary of $29,083 Ida Berzon, 92 Rand, Buffalo 14216 CERTIFICATE OF APPOINTMENT Appointment Effective: November 25, 2002 in the Department of: Police, to the Position of: Laborer I, Temporary Non - Competitive at the Minimum Starting Salary of: $ 10.72/hr Crystal Folck, 264 Katherine Street, Buffalo, N.Y. 14210 CERTIFICATE OF APPOINTMENT Appointment Effective: December 9, 2002 in the Department of: Police to the Position of School Crossing Guard Temporary Non - Competitive at the Minimum Salary of $ 7.09 /hr Tonya Tripi, 60 Delham Ave, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment Effective: November 26, 2002 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary (As required) Appointment at the Flat Starting Salary of $10.25/hr John F. Schieber, 164 Dundee Street, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment Effective: November 22, 2002 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary Appointment at the Flat Starting Salary of $ 10.25/hr Andrew Krawchuk, 1293 Hertel Avenue, Buffalo 14216 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 64 INFO - SCIENTOLOGY CHURCH AND CITY ADMINISTRATION FORGE WIN WIN AGREEMENT "We intended to continue our religious mission in the heart of Buffalo, and Thursday we carne to an agreement with the City that preserves that ability," said Rev. John Cannichael, President of the Church of Scientology of New York -, on Thursday. When the City wanted to take the Church of Scientology of Buffalo building, at 47 West Huron Street, L11 -ider an Eminent Domain proceeding, Church officials and parishioners opposed any plan which would disrupt the delivery of their religious services to the local community. "The Church has been delivering religious counseling and Courses at the Huron Street Location for more than 20 years," said Rev. Carmichael. It is not easy to move from a location where we are, known and which we had adapted to our own special needs," On Thursday, 5 December, the Church came to a tentative agreement with the City (still to be approved by the %City Council) which compensates the Church fairly for its building and provides the Church with the means to obtain a suitable replacement nearby in downtown Buffalo. "This is a win -win said Carmichael. "We were able to establish communication among the Church, the Mayor, his staff, the City Council, and the public, and working together found a way to met everyone's needs," I am pleased with the atmosphere which was created," he. continued, and hope this mode of cooperation can continue as we all continue to fight urban blight and improve the city." One of the first people to hear of the decision outside the Mayor's office, Betty Jean Grant (who is also chair of the Common Council's Finance Committee), said, "The City and the Church of Scientology coming together and working towards a solution that. is beneficial to both is the, absolute sip of democracy in action." RECEIVED AND FILED NO. 66 J. CAMPOLONG -INFO 660 SPRING STREET ITEM# 62 CCP NOV. 26 2002 We have received your request for information pertaining to the above referenced matter and investigated the circumstances relating to this situation. The Division of Water received a request through the Underground Mark -Out Program on November 4th to locate and terminate the water service at this location. The original request generated by Cambria Contracting was for 520 Spring Street that was later corrected to read 560 Spring. Our service crew was dispatched to this location on the afternoon of the 4 th but was unable to operate the curb stop. A note was entered in our work order to that effect. It's important to note that our Inspection Department contacted the contractor to confirm the demo order advising them that this house appeared to be occupied and in good repair. A representative for the contractor confirmed the order and stated that this was the address that they were given for the demo. I have attached a copy of our work order as well as copies of the underground tickets sent to this department for action. Thank you in advance for your anticipated cooperation in this matter. Please feel free to call me at 852 -0499 should you wish to further discuss this account in the meantime. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 66 B DAVIS -R SCHULMAN VARIOUS INFO CASINO GAMING MTG Please file the attached letter regarding an article from the Hartford Courant r the upcoming Council Session to be held on Tuesday, December 10, 2002. Should you require any further information, please feel free to contact my office at 851 -4980. Thank you. Sincerely, Enclosed is the article from the Hartford Courant to which I referred in our conversation today. As is evident, and many individuals in this city and its government now realize, a tribe such as the Pequots or Senecas are in total control for their own self interest. Thus, they can sponsor a golf tournament while the state is suffering a dismal financial situation ... how do you like those priorities? There will be billions earned by the Pequots and /or Senecas who aren't obliged to give one more dollar than the compact mandates (if any revenues are "earned" ...given the Video Lotteries at race tracks possibility of eliminating all revenues.) We citizens who will never go to a casino and the thousands of others who will lose there are being put in harms way. Did you read this week about the horrible tax increases coming back due to the deficits? Buffalo won't be able to make up the costs of tax base loss and additional losses placed on the city by the casino. Thus we can expect tax increases. Talk about UNFUNDED MANDATES! Please see Michael Croft's letter to the editor (enclosed.) How unfair to our citizens who can ill afford them, on top of what gambling losses will do to the poor victims of the sickeningly perverse activity. Can any of these realities lead to Economic Renaissance? Look at Niagara Falls who stated that they needed 35 more police (see article) and got 13 layoffs instead ... then (in tonight's' paper) played hocus pocus with the budget to reinstate them. Where is that going? Into an a further disturbing deficit picture just like Buffalo will. How will downtown attract businesses who may fear that their employees will gamble at lunch hour? How about safety issues - Please see the article about safety in Niagara Falls. You've presented projected numbers of tourists, jobs and gains based on the Hunter Group's analysis. They don't sound like any other communities' gambling realities. A loss of 2.75 jobs for every job in gambling is more the reality. Our leadership needs facts to lead them ... not mandates from the Governor and environmental assessments from firms hired by the Senecas. Please attend a seminar on the problem by Alexis Johnson, Arizona attorney and Indian Casino Expert on 12/5 at 7:pm in Rockwell Hall at Buffalo State College. I know you're just a worker on the project. I know that you, like myself, are trying to raise a family in the city. I'm sorry that you are on the defensive but, developing a permanently insidious problem for the city that will be here as long as our kids grow up here should not be in anyone's job description.. I'd like to be able to go to sleep without the haunting feeling of good people planning to leave Buffalo if a casino opens here. Please look to cities such as Atlantic City that have suffered not the words of the Hunter report. Please see the nocasinoerie.org website for current facts and community feeling. Whereas the dollars in the compact for gambling addiction related mental health services are non existent, we are faced with a deteriorating mental health crises here. Adolescents will become the vulnerable victims of the seductive "RUSIT' (see the billboards downtown) from the Sovereign Nation casino. The imminent government cutbacks about to happen won't help funding for mental health. Why did the Governor enter this 'Compact? To help Children's hospital ?! Please right the thinking at BERC and Strategic Planning to include worthy projects such as the Children's Hospital, children's museum, waterfront access, replacements for the Adelphia project and that which betters the life of all the citizens here, not just developers, slot machine sellers, the Senecas and Governor Pataki's campaign war chest. I sincerely request that, u and all the involved local elected or appointed government officials bring an end to this travesty by letting the Senecas know that the citizens, who deserve a voice at last, do not want a casino in Erie county. The proximity of one in Niagara Falls will increase gambling addiction by 100- 500percent. We can't tolerate or justify another one even closer to our already suffering citizens. Those who want a casino (the "losers," as the Buffalo REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 67 B DAVIS A WARE -OPP SALE 71 ROSE & 373 CARLTON I am writing in regards to the sale of 71 Rose and 373 Carlton Streets. These parcels are a part of our overall development area and it has been our understanding that there would not be any land sales of sites within this target area. 'Therefore, we are opposed to the sale of 71 Rose and 373 Carlton Street at this time. If you have any questions or wish to discuss this matter further, I can be reached at 856 -9567. Thank you. Sincerely, REFERRED TO THE COMMITTEE ON FINANCE THE COMMISSIONER OF STRATEGIC PLANNING AND THE OFFICE OF REALESTATE NO. 58 M DESIDERIO- ASTHMA INCIDENCE AT THE PERRY PROJECTS I have today received a copy of the Common Council resolution regarding 't Perry Projects from Mr. Leon Nadler, who received the information yesterday I believe, He has requested that I respond to you regarding this issue. As you know, the Erie County Health Department Clinic no longer operates out of the Perry Project I am aware of no report or allegation from Our clinic staff that suggests the incidence of asthma specifically at the Perry Projects is different in any way from that of the city in general The Asthma Initiative Pilot Project and the Healthy Homes and Neighborhoods Program of the 'Erie County Health Department have been looking at the relationship between environmental factors, also known as "triggers" and asthma. severity. These programs have focused on s Select two and three unit privately owned structures. No environmental investigation has been doe at the Perry Projects to date, as these units do not fall within the parameters established by our grantors. Some of the environmental 'triggers' which have been shown to make asthma worse are dust mite allergen, cockroach allergen, second -hand tobacco smoke and mold. The most recent research out of John Hopkins University suggests that rodent allergen is also a trigger for asthma exacerbation. Poor indoor air quality can effect people with healthy lungs and can also a trigger for asthma. General contributing factors to poor indoor air quality an excessive humidity and airborne particulates from combustion or plaster dust It is difficult to say whether or nut the remodeling being performed at the Projects could have impacted an resident asthmatics. Each asthmatic tends to have very individualized triggers. Residents am best advised to consult with their primary care physicians and follow the instructions in their asthma management plans. If you require any further information on environmental triggers for asthma please do not hesitate to telephone me at the above numbers. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 59 V LAMB - TECHNICAL ANALYSIS REPORT Dear Common Council: Enclosed you will find: (1) Peace Bridge Expansion Project's Alternative Screening Process - Technical Analysis Report and (2) a CD containing the entire document in Adobe Acrobat portable document format (pdf) for your review and comment. This report documents the process and results of Scoping Step 2 - Alternative Screening Process to -date and the Consultant Team's technical analysis of alternatives. It documents the full list of alternatives considered, preliminary technical analysis, results of the Public Collaborative Workshops and initial screening, and the technical analysis of the alternatives for the public's consideration. We anticipate completing and releasing the Consultant Team's short -list recommendations of the alternatives to be retained for further development and analysis in the Preliminary Design /Draft EIS /ESR prior to Workshop No. 4. At Public Collaborative Workshop #4 on 7 December 2002 (8:30 am to 1:30 pm), at WNED Studios, Buffalo, NY, we will present this report and our recommendations. We will encourage public discussion and answer questions, and ask the public to identify the alternatives that the public recommends be retained for further consideration. After this step, the Consultant Team will consider the results of Workshop No. 4, and make associated adjustments as may be appropriate in the Consultant Team's short -list recommendations. Then, the Technical Analysis Report, Consultant Team recommendations, public and agency comments and Workshop No. 4 results will be incorporated into the Modified Draft Scoping Document to produce the Draft Final Scoping Document - which will be the subject of review at Workshop No. 5. The Draft Final Scoping Document reflecting the results of Workshop No. 5 would then be submitted for ratification by the Partnering Group. As always, please feel free to contact the Project Management office with any questions, and stay up to -date with our process at the www.PeaceBridgeX.com web site. The list of agencies and contacts to whom this package has been sent is included below. Sincerely, Vincent P. Lamb, PE Project Director Peace Bridge Expansion Project COPY AVAILABLE FOR REVIEW IN THE CITY CLERK'S OFFICE REFERRED TO THE SPECIAL COMMITTEE ON BINATIONAL BRIDGES NO. 60 B. GRANT -M. SCHROEDER -FUND INEQUITIES SALES TAX FORMULA Please late file the enclosed correspondence for Tuesday, December 10, 2002 Full Common Council meeting. Thank you for your attention to this matter. Dear Mr. Mayor and Mr. County Executive: Before we increase the sales tax (whether it is the State or the County portion of the tax), and before we address continuing rhetoric about the distribution of the 1 % sales tax, we still need to address some fundamental in'equities in the County sales tax formula. Our sales tax support for the City of Buffalo is substantially lower than the levels of support received by Rochester and Syracuse by their counties: • In Monroe County, the City of Rochester constitutes 30% of the population and 34% of the county sales tax goes to Rochester and its schools. • In Onondaga County, the City of Syracuse constitutes 32% of the population and 36% of the county sales tax goes to Syracuse and its schools. Here 'in Erie County, Buffalo constitutes 31% of the population and Buffalo and its schools get only 19% of the County Sales tax. Some of my colleagues have 'indicated that they are unwilling to help in this 'way because of inefficiencies and mismanagement in Government. 'Me effort to save $1 million by reducing the Council, and other difficult steps taken by the City, constitute good faith efforts to improve their financial footing - the City should receive some substantive relief from the County. REFERRED TO THE COMMITTEE ON BUDGET NO.61 MEMORANDUM OF UNDERSTANDING BETNWEN THE CITY OF BUFFALO AND AFSCME LOCAL 264 AFL -CIO WHEREAS, the City of Buffalo wants to subcontract the recycling operation in the City of Buffalo; WHEREAS, AFSCME Local 264 seeks to protect the rights of its members; WHEREAS, the parties have agreed to negotiate this issue and the impact of the subcontracting of the recycling operation on the terms and conditions of those AFSCME Local 264 members employed in the Solid Waste Enterprise Fund in the Department of Public Works, Parks & Streets: The parties hereby agree to the following: I This Memorandum of Understanding supersedes the Memoranda of Understanding dated May 12, 1998 and June 18, 1998 that are collectively referred to as the "Enterprise Fund Agreement ". 2. The City shall provide minimum manning levels in the Solid Waste Enterprise Fund as follows: A. There will be a minimum of 80 permanent Street Worker positions filled at all times (subject to the time allowance referred to in paragraph "S' below) commencing on August 15, 2005. This will be achieved as follows: I. On or before February 15, 2003, ten (10) new permanent Street Worker positions will be filled to make a total of 71 permanent Street Worker positions filled; II. On or before August 15, 2003, three (3) new permanent Street Worker positions will be filled to make a total of 74 permanent Street Worker positions filled; III. On or before August 15, 2004, three (3) new permanent Street Worker positions will be filled to make a total of 77 permanent Street Worker positions filled; IV. On or before August 15, 2005, three (3) new permanent Street Worker positions will be filled to make a total of 80 permanent Street Worker positions filled; B. At the commencement of this Agreement and thereafter, there will be a minimum of forty (40) permanent Truck Driver positions filled; C. At the commencement of this Agreement and thereafter, there will be a minimum of seven(7) permanent Supervisor positions filled; D. At the commencement of this Agreement and thereafter, there will be a minimum of two (2) permanent Superintendent positions filled; and E. At the commencement of this Agreement and thereafter, there will be a minimum of two (2) permanent Dispatcher positions filled. 3. In the event that there is early retirement incentive legislation, the parties agree to discuss the possible inclusion of the titles specified in paragraph #2. 4. The City agrees to notify the Union, within ten (10) working days, in the event an individual in any of the above named titles (Street Worker, Truck Driver, Supervisor, Superintendent or Dispatcher) leaves the position or is terminated causing a vacancy in any of those positions. 5. In the event that an individual in any of the above named titles (Street Worker, Truck Driver, Supervisor, Superintendent or Dispatcher) leaves the position or is terminated, the City shall appoint another individual to that position within three (3) months of the vacancy. 6. The "Labor Pool" (established as a set out in the following sentences) will continue to be used at the discretion of the Commissioner and will be composed of those workers in Street Worker positions only. The City will have the right to transfer Street Workers working in the "Labor Pool" within the Department of Public Works, Parks & Streets and to any other departments with employees belonging to the Local 264 bargaining unit. 7. Those specific employees put into this "Labor Pool" will perform the duties of a Laborer II as determined by the City (including but not limited to demolition, maintenance, garbage collection, street cleaning, grass cutting, street repair, impact team, snow removal, etc.). 8. The individual Street Workers who make up the "Labor Pool" shall not be used to replace any other worker in a different Local 264 title ( ie: in the event that a Park Utility Worker ( "PUW ") retires, the City shall not merely use the "Labor Pool" to perform the PUW's duties while not filling the PUW position). 9. The City will allow for general bidding for the "Labor Pool" by Street Workers on a seasonal basis (twice a year as determined by the Commissioner). The Commissioner retains the discretion to determine the number of Street Workers to be included in the "Labor Pool ". 10. Prior to each bid the Commissioner will determine the starting times of the employees in the "Labor Pool ". Said starting times will be limited to the 1 st shift starting times established in the parties' Collective Bargaining Agreement ( "CBA "). The City may establish different starting times for groups of employees within the "Labor Pool ". If a change in starting time is determined by the Commissioner to be necessary which is outside those 1 st shifts starting times in the CBA, the parties agree to negotiate to determine that starting time. 11. There will continue to be general bidding, based on seniority, on seasonal basis (twice a year as determined by the Commissioner) for Street Workers, Truck Drivers, Supervisors and Dispatchers. 12. The City agrees to limit and restrict the use of "Seasonals" in the Solid Waste Enterprise Fund. " Seasonals" will only be used on a temporary basis to fill in for manpower shortages caused by injuries, absenteeism, vacation, leaves of absence, sick leave, personal leave, union leave, bereavement leave, any other contractual leave of any kind or to replace a Street Worker working in the "Labor Pool ". 13. The City agrees that it will not subcontract, contract out or privatize the garbage /trash operation assuming the City maintains any part of the garbage /trash business. 14. The City will not transfer the garbage /trash operation to Erie County or any other entity unless Erie County or the other entity recognizes the rights and entitlements of Local 264 titles /members to the subject work and agrees to use Local 264 titles /members and will honor the obligations of this Memorandum of Understanding and the CBA. 15. Employees in the Solid Waste Enterprise Fund will be expected to help each other finish all necessary work in a given day as determined by the Commissioner. The normal work day for all Solid Waste Enterprise Fund employees will be from 6:30 a.m. to 1:00 p.m. without taking breaks and a meal period. The employees will receive overtime at a rate of time and one half for working over 6.5 consecutive hours in any given day. The parties agree that overtime opportunities will be offered to the permanent employees prior to seasonal employees. 16. In the event the City expands the garbage /trash operation or resumes the operation of the Transfer Station and /or recycling operation, the City agrees as follows: A. In the event the City expands the garbage /trash operation, the City agrees to use AFSCME Local 264 titles exclusively under the terms of this Agreement. B. . In the event the City resumes the recycling operation, the parties agree to discuss the manning of this operation which would involve the use of some Local 264 titles. C. In the event the city resumes the operation of the Transfer Station, the City agrees to discuss the possibility of using AFSCME Local 264 titles. 17. Local 264 agrees to withdraw Grievance #CB- 60 -02. 18. Local 264 agrees to withdraw Improper Practice Charge, Case #U- 23758. 19. Local 264 agrees to withdraw the lawsuit filed under Index #2002 - 11272. 20. This agreement merely supplements the parties' CBA regarding the collection of garbage and trash as to the items specifically referred to herein. 21. Any violation of this Memorandum of Understanding will be enforced by Article )DU of the CBA entitled "Settlement of Disputes" with an Arbitrator having jurisdiction and authority to provide the remedies therein including but not limited to the payment of liquidated damages. In the event of a violation of Article 2 of this Memorandum of Understanding, an Arbitrator's jurisdiction and authority will include but not be limited to an award of liquidated damages to be paid by the City to those remaining Union members in the applicable title. 22 In the event the City terminates the use of the Solid Waste Enterprise Fund, the City agrees to continue the obligations of this Memorandum of Understanding assuming the City maintains any part of the garbage /trash business. 23. This Memorandum of Understanding is subject to Union ratification. IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS MEMORANDUM OF UNDERSTANDING THAT REQUIRES LEGISLATIVE ACTION TO PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING ADDITIONAL FUNDS THEREFORE SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL Mrs. LoTempio moved That the Common Council does hereby ratify the Memorandum. of Understanding Between the City of Buffalo and AFSCMI Local 264 AFL -CIO dated December'10, 2002 as amended. ADOPTED No. 62 Casino Gaming In Downtown Buffalo Public Meeting Buffalo Science Museum Monday, November 4, 2002 Councilmember Thompson opened the meeting requesting that participants take the time to write public officials of their opinions on this issue, and asked that copies be sent to his office. He then opened the floor for suggestions and comments. The following is a list of suggestions /comments /highlights from the Public Meeting held on November 4, 2002: If not a Casino for Buffalo - What? Discussion needs to take place on the economic development of the City of Buffalo BERC needs to educate the public on economic planning It was suggested that the book "Reclaiming Capital" can help in developing alternatives Potential casino sites in Buffalo will remain undeveloped while the location is sorted out, costing tax revenue and development potential In New York State, Class I and II gambling were approved by the voters through the referendum process. Class HI Gambling is illegal under the NYS Constitution, and the current proposal is an attempt to circumvent the law that is doomed to failure on legal grounds. The law that is being used to justify the Seneca's right to host gambling merely states that states can't stop Native Americans from doing on their reservations what is allowed in the state. The Mayor supports a casino in Buffalo "if it is done right ", meaning city residents get training and access to the jobs, Seneca properties in the city are limited to gambling activities, urban design standards are met by the project, and equitable payments are made to the City in return for services that are necessitated by the gambling activity A compact has been signed between the Senecas and NY State, so the city has no leverage to enforce any conditions Conversely, the Senecas will need services and infrastructure from the City, so the City will have some bargaining power. In addition, they have shown themselves to be willing to be flexible to create a win - win -win situation for NYS, the City and themselves The compact is clear that the first jobs from the Casino will go to Senecas. The Council should ask for the Seneca's hiring plan The Mayor has said we would have a non - resort style casino, but Mr. Schindler has cited the Las Vegas resort style casino as a model All we have now is a verbal commitment from the outgoing Seneca leader, and verbal agreements are "worth the paper they're printed on ". The Mayor's economic impact analysis shows the casino will attract 6 million people annually to downtown Assemblyman Hoyt's economic impact analysis shows a negative impact, and a Connecticut mayor who was recently in town testified that their casino had been a net loss for the local economy Casinos suck recreational dollars that would otherwise be spent at businesses that make a city worth living in New Orleans was promised 5 0,000 jobs from casino development and they're currently running 2,500. NO was also told the casino wouldn't go past gambling. The casino started losing money and has now built a hotel and restaurants to increase revenue Atlantic city is a wasteland as a result of their casinos Although the BIA gave approval by not acting, it's never too late to stop the Buffalo casino if the city and its residents speak loudly enough From a suburbanite - the city center is important, and a casino will hurt it From another suburbanite - Buffalo's laws won't apply on Seneca property. Seneca laws and Seneca judicial system would apply There needs to be some guarantees in place to protect the rights of Buffalo residents - if a Casino is approved Any land given to the Senecas will become tax exempt property - the City will be losing valuable tax revenue Casino gambling will put additional burdens on the City and its limited resources Why have the citizens had no input on this issue until now, when it is ostensibly too late ? Why no referendum for Buffalonians when the Senecas will have a referendum before setting up a casino on their land? Revenues from the Casinos will go first to the State of New York. it would be up to the State of New York to pass revenue on to the City, and the State is facing a severe fiscal crisis Local entertainment venues will suffer with a Casino in downtown Buffalo New York State has not promised any additional funds for social services programs Casino Gambling will increase the burden area. Some people gamble for the sport of it, but many gamble in hopes of getting out of desperate financial straits, and the odds make it likely they will hurt themselves further Casinos can provide additional revenue to the City of Buffalo Casinos will provide additional jobs for the area Workforce Development Plan needs to developed for Casino gambling plan is needed from both the Senecas and Governor on how they plan to provide additional funding for social agencies, that will have to deal with the social ills of gambling Agreements are needed that all property acquisition will be only for Casino use The Mayor should reactivate the Casino Task Force with Common Council appointees Person works for the prison system and sees the impact of gambling addiction. She wants safe, wholesome communities and sees casinos as incompatible Assurances are needed that will provide that the City of Buffalo will receive its full financial share of all casino revenues that are generated Casino gaming can have a positive impact on the economy Casino gaming can help tourism efforts in Buffalo Gambling is not compatible with the historic /architecture /culture style of tourism Buffalo is in a good position to promote There needs to be a summit meeting between the business community and the citizens to engage in dialogue on economic development issues and their effect on the general public Even with revenues generated by casino gambling- the drain on city resources will still be greater that the revenues that will be received The Casino Compact is a statement of intent, and is not a contract Most cities have municipal /commercial casinos and not casinos run by Indian nations Will casino gambling really stimulate the economy of WNY? Casinos at Turning Stone, Windsor, Niagara Falls, Canada, Niagara Falls, NY and Buffalo will led to an over saturation, meaning that "the walkers" - local urban residents - will be the main population to be exploited for casino revenues Buffalo needs jobs, regardless of where they come from There is a possibility that there will be no revenue realized from the Seneca run casino for the State or the City of Buffalo Casinos are not economic development We need waterfront development, a beach, the new train station The Governor's own study shows that casinos are detrimental in urban areas. The easier it is for poor people to gamble, the more serious the resulting problems Man works as clinical social worker with adolescent pathological gamblers. Has no stand on casinos, but feels appropriate resources must be made available for what has been classified as a disease since 1980 The Mayors' Task force on Casino Gambling needs to reconvene and solicit citizen input in their deliberations Casinos are a loss to the City of Buffalo The Central Terminal would be an ideal location for a Casino - not downtown Buffalo If people are against gambling, they should stay away from the casino, but not interfere with it Casinos destroy families and create more social ills for the community The Casino compact was done in secret with no citizen input. That's undemocratic and un- American. The person who made this comment is trained as an urban planner and is looking elsewhere for work. He won't stay here to deal blackjack. Community Development Committee meetings should be in the evening to allow citizen input The United Methodist Church has taken a stand that gambling hurts poor people 7. 1 % of New Yorkers are problem gamblers For every job gained by a casino- two will be lost due to the social ills being created If casinos are open - who will teat the causalities? If we're really interested in economic development, the proposal would be for a municipally owned casino, where the revenue would go directly to the City and revenues would recirculate in the local economy If gambling is bad or destructive - why provide a casino in Buffalo? Was Donald Trump put through the same wringer the Senecas are being put through? Mayor Masiello let this issue get too far without public input. He should slow down and try to build a consensus There should be an Environmental Impact Statement done to address the impacts of the of already over extended social agencies in our casino. The casino will hurt Catholic schools and downtown businesses REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 63 Historic Preservation Act and The Public Service Commission advised our Board that the New York State Preservation Act ( "HPA ") For the past three and one -half years, the Buffalo Preservation Board has been trying to negotiate a reasonable plan of action with our Buffalo utility, National Fuel Gas, regarding replacement gas meters within Historic Preservation Districts and landmarked buildings. National Fuel Gas has insisted on placing meters in the front of buildings to the chagrin of both the property owners and preservationists. National Fuel Gas has cloaked its actions in the "Tariffs" (regulations) of the New York State Public Service Commission. Our Preservation Board counsel has opined that, under the present circumstances, State Law supersedes our local Buffalo Preservation Ordinance and, therefore, the City is impotent in taking any action that might even dilute these scars to our neighborhoods. I would add too that National Fuel agreed, in a meeting held yesterday before the Buffalo Common Council Legislative Committee, that the meters they install are ugly, but they again hide behind the PSC Tariffs, saying they must use only approved meters. At that same meeting, they publicly stated that the aesthetically more pleasing (smaller) meters manufactured by Seimans are not approved. Counsel to the Preservation League of New York State has requires a review of any State licensing, permitting or approval that affects historic properties. One of the elements that triggers the review provision of HPA is the (PSC) approval of projects (the relocations of gas meters) that affect historic property. It therefore is evident that the PSC has approved the actions and policies of National Fuel Gas, without consultation with the State Historic Preservation Office to consider alternatives that would minimize or avoid the harm to our historic resources that is required by the Historic Preservation Act. The Buffalo Preservation Board respectfully requests that you use your good offices to intervene with the Public Service Commission to first enforce the HPA and secondly, to seek a review of the policies and actions that are eating away at our historic building fabric and little by little diminishing the quality of life of the residents who live within our historic districts. REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO. 64 M. DICKMAN, AGENT, USE 380 HOPKINS FOR CONTRACTORS9 EQUIPMENT /NEW MATERIALS STORAGE YARD. (HRG. 12/17) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 66 Q. Mika, Agent, Use 2926 Bailey Ave. - Ilium. Ground Sien (Phone #434 -0167) The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. Regular Committees Civil Service (Marc A. Coppola, Chairperson) no. 66 M. Coppola /B. Davis -W. Clark, Jr.- Transfer -Job Assign. -Fire Inv. ( #47, 11/12) (CCP483 -Nov. 26, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 67 Fire Investigation Unit (CCP #33 -Nov. 26,02) That the above item be and the same hereby is received and filed. ADOPTED AYES -8- NOES -5 AYES- BONIFACIO, COPPOLA, FRANCZK, GOLOMBEK, LOTEMPIO, MARTINO, PITTS AND THOMPSON - 8 NOES- DAVIS, FISHER, FONTANA,GRANT AND GRAY - 5 NO. 68 Appointment Account Clerk Typist (Inter #4) (Assess. /Tax) (Item No. 15- C.C.P. Nov. 26, 2002) That Communication 15, Nov. 26, 2002 be received and filed and the provisional appointment of Marlene L. Smith stated above at the intermediate salary of $27,132 effective on October 25, 2002 is hereby approved. PASSED AYES -13- NOES -0 NO. 69 Appointment Associate Tax Clerk (Inter #4) (Assess /Tax) (Item No. 16- C.C.P- Nov. 26, 2002) That Communication 16, Nov. 26, 2002 be received and filed and the provisional appointment of Carmen E. Bryant stated above at the intermediate salary of $32,269 effective on November 11, 2002 is hereby approved. PASSED AYES -13- NOES -0 NO. 70 Appointment In -Rem Specialist (Inter #4) (Assess /Tax) (Item No. 17- C.C.P. Nov. 26, 2002) That Communication 17, Nov. 26, 2002 be received and filed and the provisional appointment of Secret Thompson stated above at the intermediate salary of $36,156 effective on November 11, 2002 is hereby approved. PASSED AYES -13- NOES -0 NO. 71 Appointment Motor Equip. Maint. Supv. I (Max) (Item No. 32- C.C.P. Nov. 26, 2002) That Communication 32, Nov. 26, 2002 be received and filed and the permanent promotion of David I Botticello stated above at the maximum salary of $35,381 effective on November 18, 2002 is hereby approved. PASSED AYES -13- NOES -0 NO. 72 Appointment Combustion Inspector (Max) (Permit - (Item No. 45- C.C.P. Nov. 26, 2002) That Communication 45, Nov. 26, 2002 be received and filed and the permanent appointment of John A. Loughran stated above at the maximum salary of $42,289 effective on November 9, 2002 is hereby approved. PASSED AYES -13- NOES -0 NO. 73 Appointment Counselor III (Penn.) (Max) (Com. Svs.) (Item No. 46- C.C.P. Nov. 26, 2002) That Communication 46, Nov. 26, 2002 be received and filed and the permanent appointment of Karen Berneski stated above at the maximum salary of $32,762 effective on November 19, 2002 is hereby approved. PASSED AYES -13- NOES -0 NO. 74 Appointment Sr. Cit. Specialist Supv. (Com. Svs.) (Item No. 47- C.C.P. Nov. 26, 2002) That Communication 47, Nov. 26, 2002 be received and filed and the permanent promotion of Gall Marino stated above at the intermediate salary of $31,514 effective on November 25, 2002 is hereby approved. PASSED AYES -13- NOES -0 NO. 75 Appointment Benefits Mgr. (Inter) (HR) (Item No. 49- C.C.P. Nov. 26, 2002) That Communication 49, Nov. 26, 2002 be received and filed and the permanent appointment of Tracy Healy- Barker stated above at the intermediate salary of $38,172 effective on November 14, 2002 is hereby approved. PASSED AYES -13- NOES -0 No. 76 Notices of Appt. - Temp. /Prov. /Perm, (C. Clk.) (CCP #57 -Nov. 26,02) That the above item be and the same hereby is received and filed, ADOPTED Finance (Betty Jean Grant, Chairperson) No. 77 M. Masiello -Dunn Tire Pk.- Names /Addresses -2002 Seas. Maintenance Emp. (CCP #71 -Nov. 26,02) That the above item be and the same hereby is received and filed. ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 78 REQUEST TO RENAME KEATING STREET TO "JAMES P. COPPOLA SR. BLVD." CCP #153 - NOVEMBER 12,2002 That the above item be and the same is returned to the Common Council without recommendation. 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 for two consecutive weeks, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mr. Fontana, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances - In Favor: Jim LoVallo & Employees of Len Co Lumbers Opposed: None Mrs. LoTempio moved that the hearing be closed. Seconded by Mr. Fontana. CARRIED. Mrs. LoTempio Moved: That the Common Council of the City of Buffalo requests that this resolution be forwarded to the Department of Public Works, the Buffalo Fire Department, the Buffalo Police Department, the United States Postal Service and the Corporation Counsel for their review of renaming Keating Street to "James P. Coppola, Sr. Boulevard" and requests that they file their comments and /or recommendations to the feasibility of the proposed street name change with this Common Council; and That this Honorable Body requests responses to this resolution to be filed with the City Clerk; and That the Common Council of the City of Buffalo requests that the City Clerk, upon approval of this resolution, forward certified copies of this resolution to the United States Postal Service. That the Common Council approve the renaming of Keating Street to "James P. Coppola, Sr. Boulevard." PASSED. AYES -13. NOES -0. NO. 79 REQUEST TO RENAME KEATING STREET (PW) (ITEM NO. 29, C.C.P., NOV. 26, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above mentioned item be and the same is hereby received and filed. ADOPTED. NO. 80 V. LAUDISIO -US POST OFFICE -REQ. TO RENAME KEATING ST. (CCP #70 -NOV. 26,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 81 EASEMENT - VOICESTREAM WIRELESS FOR INSTALLATION OF POWER AND TELECOMMUNICATION LINES (ITEM NO. 22, C.C.P., NOV. 26, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation and the item be referred to the Office of Telecommunications. ADOPTED. NO. 82 RESTAURANT DANCING CLASS III - 79 W. CHIPPEWA (ITEM NO. 39, C.C.P., NOV. 26, 2002) 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 Michael R. Sherk, d /b /a McMonkeez Buffalo LLC, located at 79 W. Chippewa. Passed. AYES -13. NOES -0. NO. 83 RESTAURANT DANCING CLASS III - 3053 MAIN STREET (ITEM NO. 40, C.C.P., NOV. 26, 2002) 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 Anthony Gerace, d /b /a La Boom Nightclub, Inc., located at 3053 Main Street. Passed. AYES -13. NOES -0. NO. 84 SECOND HAND DEALER -2168 SENECA STREET (ITEM NO. 41, C.C.P., NOV. 26, 2002) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 85 REQ. PRIV. TRASH COLLECTORS TO MAINTAIN REASONABLE HOURS OF TRASH COLL -LIC. (CCP #127 -SEPT. 3, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 86 C. FISHER -J. HALL -REQ. UPKEEP -246 COMSTOCK (PERMITS /INSP.) (CCP #35 -NOV. 26, 02) That the above item be and the same hereby is received and filed. ADOPTED COMMUNITY DEVELOPMENT (ANTOINE M. THOMPSON, CHAIRMAN) NO. 87 Q LITTLETON -STOP NOTICE -BMHA- HUD - LAKEVIEW -HOPE VI PROJECT (# 109,9/3) (CCP #133 -NOV. 26, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 88 B. DAVIS -M. DOTTON - CONCEMS - ELLICOTT DEV. CO. -NEW PRO. IN WATERFRONT VILL. (CCP #65 -OCT. 15, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 89 COVERING MARTIN LUTHER KING JR. EXPRESSWAY (CCP #124 -OCT. 29,02) That the above item be and the same hereby is received and filed. ADOPTED PARK IMPROVEMENTS IN THE MASTEN DISTRICT (CP) (CCP #35 -MAY 14, 02) That the above item be and the same hereby is received and filed. ADOPTED EDUCATION (CHARLEY H. FISHER III, CHAIRMAN) NO. 91 J. MAGAVERN -R. SCH. CONST. BD.- CONTRACT W /ERIE CO. (CCP #85 -OCT. 30,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 92 J. MAGAVERN -JT. SCH. CONST. BD. -EXEC. CONTRACTS (CCP #79 -NOV. 13,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 93 CONCERNS REGARDING THE E. RATE PROGRAM AND SCHOOL RENOVATION PROJ. (CCP #140 -DEC. 26, 01) That the above item be and the same hereby is received and filed. ADOPTED SPECIAL COMMITTEES STREETS SERVICES COMMITTEE (CHARLEY H. FISHER, III, CHAIRMAN) NO. 94 2002 -2003 SNOW PLAN (PW) (CCP #30 -NOV. 26,02) Mr. Fisher moved that the above item be recommitted to the Special Committee on Streets Services with attached items filed by Councilmember Thompson. Item given to Public Works Commissioner J. Giambra for inclusion in Snow Plan. Copy in Clerk's Office. ADOPTED. NO. 95 CITY OWNED VACANT LOT AT 76 BUFFUM STREET (CCP #183 -JUNE 25, 02) Mr. Fisher moved that the above item be recommitted to the Special Committee on Streets Services. ADOPTED NO. 96 CITY OWNED VACANT LOT -76 BUFFUM STREET (PW) (CCP #34 -JULY 23, 02) Mr. Fisher moved that the above item be recommitted to the Special Committee on Streets Services. ADOPTED MINORITY BUSINESS ENTERPRISE COMMITTEE (Charley H. Fisher III, Chairman) no. 97 D. Francis -ft. Sch. Const. Bd. -JSCB Cap. Prog. -Phase I Firms, Rpt. (CCP #83 -Mar. 19,02) That the above item be and the same hereby is received and filed. ADOPTED No. 98 A. Thompson- Statement -NYS Assembly- Upstate Economy (CCP #38 -Jan. 8, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 99 C. Fisher -C. Cummings -Req. Asst. /Clarif -Eval. Award Criteria - Monit. -Elec. Sec. System ( #57, 9/17) (CCP# 129 -Oct. 29, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 100 C. Fisher -C. Cummings -Req. Asst. /Clarif -Eval. Award Criteria - Monit. -Elec. Sec. Sys. ( #52, 10/1) (Bd. Ed.) (CCP #130 -Oct. 29, 2002) NO. 90 That the above item be and the same hereby is received and filed. ADOPTED IN *IQ 111111IQ0 No. 101 By: Mr. Coppola Resume City of Buffalo Adjudication of Traffic Violations Whereas: Since the early 1900's motor vehicle traffic offenses in New York State have been handled by local jurisdictions through the State Unified Court System; and Whereas: This tradition was broken in 1970 when the State set up an Administrative Adjudication of Traffic Violations Program under the NYS Department of Motor Vehicles (DMV) to handle traffic violations in New York City; and Whereas: The success of the program in New York City led to its expansion to Rochester, Buffalo and the Western portion of Suffolk County in 1973; and Whereas: In 1998, a report of audit was filed by the Buffalo Comptroller (C.C.P. #28, July 21, 1998) with a cover letter that recommended severing the City of Buffalo's relationship with the DMV" and resuming "handling the adjudication of traffic offenses in -house with either the Division of Administration and /or the Division of Parking Enforcement assuming the function "; and Whereas: This proposal was referred to the Finance Committee, the Corporation Counsel and the Commissioner of Administration and Finance, but reportedly lost momentum when State DMV officials refused to help refine the proposal by supplying accurate, reconciled financial figures; and Whereas: It was alleged at the time that the DMV was charging high administrative costs to the City for a function that could remain in -house if the City were to take over the adjudication of traffic violations in City Divisions that were already operating efficiently; and Whereas: In addition, it was found that New York State keeps the funds generated by the Program in an interest bearing account, pays no interest to the City, and keeps the City's share of the revenues for an inordinately long time; and Whereas: In a time of severe financial crisis for Buffalo, it Is imperative that the initiative to resume traffic violation adjudication by the City be reviewed for its merits and potential benefits, and acted on with all due speed if it proves feasible; Now, Therefore, Be It Resolved That: This Common Council requests the Commissioner of Administration and Finance and the Corporation Counsel to renew their efforts to quickly find the data necessary to come to a decision on resuming traffic violation adjudication by the City of Buffalo; and Be It Further Resolved That: This Council requests Governor Pataki and Raymond Martinez, the NYS Commissioner of Motor Vehicles, to direct DMV officials to contact Corporation Counsel Michael Risman as soon as possible to cooperate in helping the City study this issue: and Be It Finally Resolved That: The City Clerk be directed to send certified copies of this resolution to Govenor Pataki, to Commissioner Martinez, to Assembly Speaker Sheldon Silver, to the Clerk of the Assembly, to Senate Majority Leader Joseph Bruno, to the Secretary of the Senate and to the members of the Western New York Legislative delegation. Be It Finally Resolved That: The Department of Administration and Finance report back to the Council the Department results of this inquiry within 60 days from the adoption of this resolution. ADOPTED No. 102 BY:MR. COPPOLA SALARY ORDINANCE AMENDMENT 14- ADMINISTRATION & FINANCE 1075 - PARKING VIOLATIONS BUREAU 1112 - TOWING The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 14 - Department of Administration and Finance, 1075 - Parking Violations Bureau and 1112- Towing which currently reads: 1075 - PARKING VIOLATIONS BUREAU 1 Operations Supervisor $34,725-$ 40,607 1112 - TOWING 3 Laborer 11 $24,420-$ 27,833 1 Laborer 1 $22,388-$ 25,426 Is hereby amended to read: 1075 - PARKING VIOLATIONS BUREAU 1 Senior Administrative Assistant $37,447-$ 43,607 1112 - TOWING 4 Laborer 11 $24,420-$ 27,833 EVA M. HASSETT, COMMISSIONER OF ADMINISTRATION AND FINANCE AND JAMES B. MILROY, DIRECTOR OF BUDGET, hereby certifythat the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 103 By: Mr. Coppola and Mr. Bonifacio, Mr. Golombek and Mr. Fontana Extension of Assessment Appeals Whereas: The City Charter puts into effect the provisions of New York State Real Property Tax Law providing for the annual assessment appeals process; and Whereas: Real Property owners in the city of Buffalo are notified by the city of changes to their assessment during the month of December; and Whereas: The deadline for filing an appeal is within the same month (December) that notices are received; and Whereas- Because December is a busy month for all, taxpayers are given a short period of time in which to compile the necessary information they need to make a credible challenge to their assessment; and Whereas: This year's changes in assessments have been quite a surprise to many taxpayers and many of them have expressed the need for additional time in which to file an appeal; and Whereas: In order to allow those who wish to examine their assessment, research their homes fair market value, make an educated decision of whether or not to file the appeal, and if so, file correctly and on time, the city should extend the assessment challenge deadline. Now Therefore Be It Resolved: That the City of Buffalo Extends the Assessment Appeals process until January 17, 2003. PASSED AYES -13- NOES -0 No. 104 By: Mr. Fontana Re: Ordinance Amendment Chapter 175 - Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 307 of Chapter 175, Fees, of the Code of the City of Buffalo be amended to read as follows: Chapter 307, Parking and Parking Lots § 307 -8, towing and storage For towing all 2 -axle vehicles, motorcycles, boats, small trailers or mobile homes under 25 feet in length to impound area [$82.00] $85.09, plus For each day of storage or fraction thereof after the first 24 hours [$9.00] $12.00 For towing tractor truck with or without trailer or vehicles over 25 feet to impound area $136.00, plus For each day of storage or fraction $14.00 Minimum charge for retrieving and towing any lost, abandoned or stolen vehicle from any body of water, gully, ditch or underpass, but charges above the minimum shall not exceed those authorized under Chapter 479, Article 11, of the Code $136.00 For mini -tow [(tow 500 feet or less), which includes a fine of $ 10 for violation of parking or standing prohibition pursuant to § 307 -11 of Chapter 307] [$31.50] $40.00 [For mini -tow (tow 500 feet or less), which includes a fine of $15 for violation of parking or standing prohibition pursuant to § 3 07 -11 of Chapter 3 07] [$36,75] For towing motor vehicle parked without authorization in space reserved for the handicapped, or for towing motor vehicle parked alongside or obstructing a curb area which has been cut down, lowered or constructed so as to provide accessibility to the Sidewalk $136.00 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 NOTE: Matter in brackets to be deleted; matter underlined is new. PASSED AYES -13- NOES -0 NO. 106 By: Mr. Fontana Re: Ordinance Amendment Chapter 307 - Parking and Parking Lots The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 307 of the Code of the City of Buffalo be amended to read as follows: Article V In- Vehicle Parking System Section 307 -53 Definitions. In- vehicle parking system (IVPS). In- vehicle parking system refers collectively to the electronic component, the electronic debit card that is inserted into the electronic component to activate it. All components of the IVPS are non - transferable and must be activated, installed or otherwise operated in the manner set forth in this article in order for use of the JVPS to be valid. Electronic component. The electronic component of an IVPS is a small portable electronic module that is designed to be hung on a rearview mirror, unless otherwise designated by the Director of Parking Enforcement, incorporating an electronic display on which information can be seen readily. Each electronic component shall be numerically keyed to the electronic debit card to which it is issued. Electronic debit card. A card, whether or not prepaid, capable of being programmed to allow a user to activate an IVPS for a particular purpose when read by the electronic component. Section 307 -54 Use of in- vehicle parking systems. In- vehicle parking systems may only be used to park in a space regulated by a parking meter. The electronic component must be displayed in an unobstructed manner in order to be visible to duly authorized parking enforcement personnel. Section 307 -55 Issuance of in- vehicle parking systems. A. IVPS applications shall be issued by the Parking Violations Bureau, and may be submitted by mail or in person, including the following information about the applicant, in addition to any other information required on the application. 1. Name. 2. Home (or mailing) address. 3. Evening telephone number. 4. Daytime telephone number 5. Copy of valid driver's license. B. In addition to prepaid electronic debit cards, as described below, applicants shall receive one electronic component. C. Electronic debit cards shall be sold by the Department of Administration and Finance, by mail or in person, in various denominations and must be prepaid by cash, certified check, credit card or money order of the value of the electronic debit card(s) sought to be purchased. Each card purchased will enable the purchaser to receive $2.00 credit on the purchase of a new card upon the return of the used electronic debit card to the Parking Violations Bureau. Section 307 -56 Fees. A. There shall be a fee of sixty dollars ($60) payable by cash, certified check, credit card or money order, for each IVPS and five dollars ($5) processing fee for the initial electronic debit card. B. Individuals with a valid disabled parking permit are entitled purchase a first time only package for seventy -five dollars ($75) which includes the electronic component and the electronic debit card with fifty dollars ($50) of parking charged to the card. Only one such package shall be issued per person. Section 307 -57 On- street and off - street metered zones. A. Activation of in- vehicle parking system. No person shall park a vehicle whether attended or not, in any parking space regulated by a parking meter that indicates by signal that the lawful Parking time in such space has expired without properly activating an IVPS. This provision shall not apply to the act of parking or the time necessary to activate an IVPS immediately. B. Expired meters or in- vehicle parking systems, No person shall allow a vehicle within his or her control to be parked in any such parking meter space during the restricted and regulated time applicable to the parking meter zone in which such meter is located while a properly activated IVPS shows that the lawful parking time in such space has expired. This provision shall not apply to the act of parking or the time necessary to activate an IVPS. When an IVPS is used, such system shall be the only valid indicator of whether lawful parking time ill a space is available or has expired, because the meter in all such cases will indicate that the time has expired. Section 307 -58 Time allowed at parking meters; reactivation of in- vehicle parking systems prohibited. A. No person shall park a vehicle in a parking meter space for more than one time period lawfully permitted in that parking meter zone. B. No person shall activate an IVPS for a time period longer than one time period lawfully permitted in that parking meter zone, unless the person possesses a valid disabled parking permit, nor shall any person activate or reactivate an IVPS for purpose of extending such time. C. The act of activating an IVPS for a rate that is different from that indicated in a particular parking meter zone will subject that person to a penalty of fifteen dollars ($15) per 'incident. 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 PASSED AYES -13- NOES -0 NO. 106 By: Ms. Grant: Bond Resolution Cazenovia Creek Slope Walls Account 3100 $2,600 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $2,500,000 General Improvement Bonds of said City to finance the cost of the design and construction of slope walls on the north /south sides of Cazenovia Creek west of Stevenson Street at the estimated total cost of $2,500,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Million Five Hundred Thousand Dollars ($2,500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of design and construction of approximately 4000' of slope walls on the north /south sides of Cazenovia Creek west of Stevenson Street. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $2,500,000 as set forth in the duly adopted 2002 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, " Cazenovia Creek Slope Walls 2002, Bond Authorization Account No. 3 100, and shall be used for the specific object or purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $2,500,000, This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150 -2, Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 3 of the Law, is thirty (30) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if. (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. LAID ON THE TABLE NO. 107 By: Mrs. Grant Increased Appropriation Real Estate 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 the Division of Real Estate, be and the same hereby is increased in the sum of $5,350. That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: From: 10034030 - 392102 - Sale of In Rem Property $5,350 To meet the increased appropriation as set forth below: To: 10314006 - 443200 - Building Alterations & Repairs $5,000 10314005 - 461005 - Photo & Drafting Supplies $ 350 PASSED AYES -13- NOES -0 NO. 108 By: Ms. Grant, Ms. Gray, Ms. LoTemplo, Mr. Thompson, Mr. Fontana, Mr. Golombek, Mr. Pitts Re: Ordinance Amendment Chapter 133 - City Property The Common Council of the City of Buffalo does hereby ordain as follows: That Section 133 -22 of Chapter 133 of the Code of the City of Buffalo be added to read as follows: § 133 -22. Architectural salvage. A. The City of Buffalo, pursuant to its authority as an owner of real and personal property, for preserving the health, safety and general welfare of the residents and visitors of the City and for preservation of historic and other valuable assets of the City and the community, hereby claims any and all salvage rights from City owned properties. Salvage rights may be a condition for the demolition by the City of buildings conveyed to the City or by consent of owners of structures not owned by the City. B. The head of a City agency having the custody or control of real or personal property belonging to the City about to be demolished shall ensure that fixtures of architectural, aesthetic, or historic significance that could be recycled are retrieved from the property, if the City determines to salvage such property. If the City does not retain these fixtures, the City, through the Director of Purchase and the Director of Real Estate, shall sell the fixtures (and other salvageable materials from the property) or contract for the removal and sale of the fixtures. The Director of Purchase, Director of Real Estate or the entity that the City contracts with to dispose of the fixtures shall report to the Common Council and the Comptroller the sale of the fixtures and the proceeds obtained from the sale of these fixtures. APPROVED AS TO FORM REFERRED TO THE COMMITTEE ON LEGISLATION NO. 109 By: Mr. Pitts Re: Designate City Honors a Showcase Satellite Whereas: The Showcase Schools Project was a provision negotiated by the City of Buffalo and TO of NY as part of the cable TV franchise agreement; and Whereas: That provision, which was subsequently assumed By Adelphia, required the development of a "Showcase School" to be equipped with video production equipment, internal wiring, TVs, computers, and a variety of other resources: and Whereas: The Buffalo Academy for the Visual and Performing Arts was designated as the Showcase School, and the installation was completed in 2000; and Whereas: There was also a provision that nine additional local Buffalo public school sites be linked to the system and provided with portable production equipment which would allow them to contribute to the programming; and Whereas: City Honors School has formally expressed its desire to be designated a Showcase Satellite in correspondence to Schools Superintendent Mai -ion Canedo; and Whereas: City Honors meets the appropriate criteria for such designation, particularly the tremendous interest on the part of students and faculty in having such facilities installed in the school; Therefore be it resolved: That City Honors School be designated the first Adelphia Showcase Schools satellite location. ADOPTED NO. 110 By: PITTS Discharge Taylor Law Impasse Committee Report of Bids - Recycling Collection (Item 19 CCP 11/12/02) 'Whereas: The above item is currently in the Taylor Law Committee, and Whereas: It is no longer necessary for this item to be considered by that commi4ee -, Now, Therefore, Be It Resolved: That this Common Council does hereby discharge the Taylor Law Impasse Committee from further consideration of this item, and said item is now before the Council. Seconded by MS. GRANT Adopted. On April 24, 2002, this department received bids for Recycling Collection within the City of Buffalo. The following bids were received: Contractor Bid /Month BFI Waste Systems of North America, Inc. $130,766.90 2321 Kenmore Ave. Kenmore, NY 14217 Waste Management of New York, LLC $ 318,622.35 10860 Olean Rd. Chaffee, NY 14030 The bid was based on a five -year contract. The bid includes requirements that all employees receive wages in accordance with the City's Living Wage Ordinance. In Addition, the contractors workforce must include at a minimum 70 percent city residents, and 30 percent minority. Under the terms of this contract the contractor will utilize the City's recycling vehicles. The vehicles must be insured, operated, and maintained by the contractor and must be returned to the City in the same condition that they are now, reasonable wear and tear expected. I hereby certify that the foregoing is a true and correct statement of the bids received, and that BFI Waste Systems of North America Inc., 2321 Kenmore Ave, Kenmore NY 14127 is the lowest responsible bidder in accordance with the specifications. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter into a five year contract with BFI Waste Systems of North America Inc, for recycling collection. Mrs. LoTemplo moved: That the Commissioner of Public Works, Parks and Streets be and hereby is authorized to enter into a five year contract with BFI Waste Systems of North America Inc., for recycling collection. This authorization is subject to the ratification of the Memorandum of Understanding between the City of Buffalo and AFSCME Local 264 AFI -CIO by the Membership of Local 264. PASSED AYES -12- NOES -1 AYES- BONIFCIO, COPPOLA, DAVIS, FIHER, FRANCZYK, GRANT, GRAY, LOTEMPIO, MARTINO, PITTS AND THOMPSON -12 GOLOMBEK -1 No. 111 By: Mr. Pitts Redevelopment of Ellicott Houses (Correction: Item No. 150, C.C.P., Sept. 18. 2001) WHEREAS: Item No. 181, C.C.P., September 4, 2001, the Redevelopment of Ellicott Houses was referred to the Community Development Committee; and WHEREAS: The aforementioned Item was adopted as Item No. 150, C.C.P., September 18, 200). The last paragraph of this item excluded the following: pursuant to PHFL Section 577 as to the West Phase Parcel upon further conveyance of a leasehold; and NOW, THEREFORE BE IT RESOLVED: That this Common Council hereby approves (a) the redevelopment of the East Phase as to conformity with the provisions and purposes of Public Housing Finance Law (PHFL) Article XI, (b) the tax exemption pursuant to PHFL Section577 as to the East Phase Parcel, but only to the extent that the Current Exemption terminates, is no longer valid, or does not apply, (c) the tax exemption pursuant to PHFL Section 577 as to the West Phase Parcel upon further conveyance of a leasehold interest to a Housing Development Fund Company formed pursuant to PHFL Article X1, but only to the extent that the Current Exemption terminates, is no longer valid, or does not apply and (d) if and to the extent that the Current Exemption terminates, is no longer valid, or does not apply, a Payment in Lieu of Taxes Agreement for the East Phase Parcel and /or the West Phase Parcel as applicable, consistent with the City's standard low- income housing real property tax exemption policy. PASSED AYES -13- NOES -0 NO. 112 By: Messrs: Thompson, Davis, Franczyk, Mrs. Grant AND Ms. Gray Regional Insurance program Whereas: Insurance rates are higher in the city than in the suburbs; and Whereas: Many City residents have a hard time getting reasonable rates for insurance protection versus suburban residents; and Whereas: Factors affecting insurance rates that lead to a higher risk pool are efficiency of law enforcement response, road and traffic conditions, quality of medical services and litigation rates among others; and Whereas: The risk pool factors for the region versus the municipality is better in determining insurance rates; and Whereas: Regional insurance rates will benefit all people not just a select few; Now Therefore Be It Resolved: That City, County and State Officials work to pursue regional insurance rates for the Buffalo Niagara Region to reduce the high rates of Automobile, Property and Causality insurance rates. No Therefore Be It Resolved: That the City Clerks office send certified copies of this resolution to the members of the Western New York Delegation and the Erie County Executive. ADOPTED NO. 113 By: Mr. Antoine M. Thompson Buffalo Common Council Appointments to the ECIDA Board of Directors Whereas: The City of Buffalo needs greater representation on the ECIDA Board of Directors; and Whereas: Currently, only two (2) African Americans hold positions on the Board of Directors; and Whereas: One of which is held by the City of Buffalo Common Council President James W. Pitts meaning that in the near future, there will possibly be only one (1) African American on the Board of Directors; and Whereas: With the partial consolidation of ECIDA and BERC it is critical that the staff, Board of Directors and programs reflect the diversity of the City of Buffalo; and Whereas: the ECIDA must implement programs that seek to remedy the problem of the Buffalo /Niagara Region being one of the worst places in the United States to conduct business for women and minorities according to the US Chamber of Commerce; and Whereas: The Erie County Industrial Development Agency only employs three (3) African Americans; Now Therefore Be It Resolved That: This Common Council requests that (2) Common Council appointments be made onto the ECIDA Board of Directors. Be It Finally Resolved That: The City Clerks Office send certified copies of this resolution to the Western New York Delegation, ECIDA Board and Erie County Executive. ADOPTED NO. 114 By: Mr. Thompson and All Councilmembers Covering Martin Luther King, Jr. Expressway Whereas: The Martin Luther King, Jr. Expressway, formally known as the Kensington Expressway, was built in the late fifties and early 1960's as part of the Federal Highway Act; and Whereas: Due to the construction of the Kensington Expressway various neighborhoods in the Masten District were split and isolated and Humboldt Parkway, a historic Olmsted Greenspace in the Masten District, was destroyed; and Whereas: This has been an unresolved issue for over 40 years in which many residents have been upset about loosing their front and back yards; and Whereas: The Masten portion of the Martin Luther King, Jr. Expressway has the highest concentration of residential housing; and Whereas: There is a national concentrated effort to restore urban greenspace into central cities; and Whereas: There is a local effort to reconnect and restore Olmsted Parks and Parkways; and Whereas: Covering a portion of the Martin Luther King, Jr. Expressway would prove to be beneficial by: Reducing exhaust Reconnecting neighborhoods Increasing urban park areas and green spaces Aiding in the expansion of the Buffalo Museum of Science Reconnection of the Olmsted Park and parkway System Now Therefore Be It Resolved: That the State Department of Transportation in collaboration with the City of Buffalo Department of Public Works conduct a feasibility study on covering the Martin Luther King, Jr. Expressway, formally known as the Kensington Expressway from east Ferry Street and Humboldt Parkway to Best Street and Humboldt Parkway; and Be It Further Resolved That: Certified copies of this resolution bet sent to the Western New York Federal and State Legislative delegations, Commissioner of the New York State Department of Transportation, The Secretary of the United States Department of Transportation, Governor Pataki and Congressman Quinn ADOPTED NO. 115 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: ADORNETTO, PETER ANTECKI, GEORGETTE ARQUETE, LYNDA BAILEY, DANIEL BATES JR, LEROY BEDELL, SANDRA BITTERMAN, SUSAN BOTTICELLO, CARMELA BRADLEY, MARILYNN BROWN SR, ALLEN BROWN, DOROTHY BROWN, ERMA BROWN, MARGARET BRUNNER, PAUL BURGASSER, NANCY BUZAK, WILLIAM BYRNE, KATHLEEN CAITO, RICHARD CANAVAN, MARY MARGARET CANNIZZARO, ANGELINE CAREY, WILLIAM CARR, RICHARD CASSIDY, MARK CHIARENZA, LINDA CHILICKI, JOSEPH CIELENCKI, DEBORAH CIRINO, FLORENCE CLARKE, GWENDOLYN CONTEH, HELEN CRIBBS, BARBARA CRIST, JILL DALLAS, KAREN DALY, MAUREEN DEANS, ADA DENS, PAMELA DEGEORGE, ANNE DELMONT, WILLIAM DIGGINS, NORA DIINA, ANNA MARIE DISPENZA, DALIA DONOVAN, RICKY DUFRANE, EDITH DUGO, TINA ELLINGTON, KAREN ELMORE, ANGELA ELSTON, SYLIVIA EVANS, REGINA FELLOWS, ROBERT FLEMING, CAROLYN FLEMING, RONALD FLYNN, CHARLES FORMAN, ARTHUR FRAZIER, JENNIFER GABEL, JOAN GAMBINO, MARIA GANGEMI, CLARE GEHL, SCOTT GEOGHAN,MAUREEN GILES, JAMES GIOLANDO, GARY GIST, DOLORES GIST, EARL GIST, LAURA GONZALEZ, ESTHER GOSPODARSKI, LYNNETTE GOSS, DORIS GRABIEC, KATHLEEN GRECO, JAMES GRENAUER, CAROLE GRIFFIN, JAYNE GRZECHOWIAK, EUGENE HABERMAN, KATHLEEN HAGEN, NANCY HALLIWELL, GARY HALPERN, KARIN HANRAHAN, KATHRYN HARRIS, PHELIX HAYDUK,THOMAS HERRING, ROCHELLE HICKS, MAURI HOETZER -COOK, HOPE HOWARD, SALVATORE HOWE, CYNTHIA HOWELL,LORETTA HUDSON, TERRYLIN HUGHES, MICHAEL HUNTER, JAMES JACKSON, JANICE JACKSON, TERRELL JACOBS, ROSALIND JOHNSON- BROWDER,LEOLA JUDD, SUSAN H. KAISER, CAROLYN KATZ, EILEEN KIEDROWSKI, JEANETTE KINDEL, FRANZ KING, LISA KIRBY, CHRISTINE KLINE, JEAN KOGAN, BRUCE KOPTI, CANDICE KOWALEWSKI, NANCY LAGONA, MARIA D. LEBRON. SHARON LEE, LAVERNE LEWIS, BRIAN LOMBARDO, MICHAELINE LUJAN, CHARLOTTE MARKS SR, FRANK MARINELLI, LYNN MARINARO, LORI MARTIN, DIANA MCCARTHY, ROBERT MCCREARY, DONNA MARIE MCMAHON, CHARLES MCROY, GINA MERRIWEATHER, FRANK MESIAH, FRANK MINOR- RAGAN, YVONNE MIRTI, BURT MITCHELL, DENNIS MORIARITY, MARYANN MORRIS, IRENE MOSES, ANTHONY NICE, LISA NIEVES, MILLIE O'CONNELL, BARBARA ORLOWSKI, NORBERT ORLOSKI, TIMOTHY PAHNOS, JUDITH PALUMBO JR. PAUL PANARO, LAUREN PARKS, PAMELA PASTERNK, MARK PERLMUTER,SANFORD PERSITYN,DIANNE PETRELLA, PAULA PIETRAS, MARIA POSMANTUR, CRAIG POSTMANTUR,DOREEN RODRIGUEZ, JESSICA ROGERS JR, LEWIS SANDS, JULIENNE SANTIAGO, MARTA SAVAGE, WILLIAM SCHAUS, KIMBERLY SCIANDRA, CLARA SCOTT, PRISCILLA SICKAU, LESLIE SIGURDSON, PETER SILVESTRI, MARY SIMMONS, CATHY SMITH, KIMBERLY STADING, NORMA STIRRUP, TERRI STODDARD SR, RICHARD SUNDAY, LINDA TAFT, LUCINDA TAYLOR, TERESA THOMAS, KENNETH TINGLEY, THU -CUC TOWNSEL,VIRLEE TRIPP, LAURIE ULRICH, EILEEN VANDI, ELAINE VAZUEZ, NORMA VITAGLIANO, KATHLEEN WAJMER, MARY JANE WIGGINS, MINNIE WILLIAMS, FURNETTE WILSON, FRANCES WILSON, MAUREEN WILLARD, CHARLEEN WINKOWSKI, DOLORES WINKOWSKI, SANDY WOODRUFF, ANITA WOODS, RICHARD WOODS, SHARI WYDYSH, AUDREY YOUNG, SYLVIA Total: 180 ADOPTED NO. 116 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 Abdallah, Florence Abruzzino, Nicole M. Acara, Mark Acevedo, Inocencia Aikman, Dorothy R. Alleyne, Beverly Jo Anderson, Christopher P. Anderson, John W. Aquila, Robert Atkinson, Thomas M. Backes, Jennifer Baczkowski, David L. Baez, Zoraida Baker, Sherry A. Baker, Thomas G. Balicki, Marie I. Ballard, Linda Ballesteros, Mary A. Barrett, Matthew W. Bartz, Cheri L. Batcho, Christine Battaglia, Michael D. Batterson, Carol Battisti, Janice M. Bechtel, Susan M. Bertosino, Denise M. Biniecki, Renee M. Blenker, Bonnie L. Bleyle, Elaine L. Boehm, Marilynn A. Bojanowski, Paul R. Boulange, G. Charles Boyle, Elaine M. Briandi, Judy D. Brock, Alice M. Brock, Warren J. Brown, Carl Bryant, Melinda L. Burgstahler, Susan M. Burkard, Mary A. Burke, Cynthia A. Burke, Timothy Butkowski, Lori Byrd, Carrie L. Callahan, Judith A. Camino, Victoria L. Caputi, Esther M. Caputi, Michael J. Caputi, Paul Cardina, Teresa A. Carmer, C laire V. Castelletti, Anthony M. Caster, Diane Catalano, Marie Grace V. Champagne, Douglas P. Chmielewski, Joanne Christopher, Fred A. Chu, Nancy D. Chuchlu, Christine S. Church, Shirley J. Clark, Elizabeth D. Clark, Michael L. Cohen, Lewis D. Cole, Annette Coleman, Edward Cooper, Diane A. Covella, Shirley P. Cross, Carolyn J. Dailey, Shari Deamer, Brad A. DeCarlo, Frank A. DeLoach, Janet L. Dennee, Kathleen DiChristina, Joyce A. Dirr, Michele Dolan, Bonny Donnellan, Gemma T. Drobits, Sharon Ellero, David Emminger, Janice M. Erwin, Juanita H. Fanton, Michele P. Farrell, Nancy Fassel, Agnes M. Fischer, Doreen J. Fling, Todd J. Forbragd, Josephine Frank, Richard C. Jr Gabel, Sarah C. Gardinier, Charles E. Gavin - Pokrandt, Janine Girard, Patricia Goemer, Paul D. Gonciarz, Michael H. Gonzalez, Susana M. Gould, Carl A. Gray, William C. Green, Bleen B. Greenauer, Mark L. Guard, Jacyra Hairston, Carol Hapka, David M. Heidinger, Elizabeth A. Henneberger, Melissa A. Hill, Judith M. Hoellig, Sharon Howling, Patricia A. Huber, Lucille Hudson,Jeanette lavenditti, Kathleen Jackowiak, Denis Janson, Andrew Jones, Ronald V. Kacalski, Jess Karlinski, Jeanne M. Kazukiewicz, Catherine E. Keefe, Noreen L. Kirsch, Carolyn Klein, Renee Klipfel, Kim M. Kolmetz, Judith M. Kopera, Diane F. Kowalyk, Christine M. Krug, Linda A. Kruzicki, Susan A. Kugler, Joseph J. Kulinski, David M. Lam, Shirley Stewart Laftner, Donna M. Lauria, Thomas L. Lazoration, Shirley Leberman, Diane Lee, Carolyn Lestition, Charles A. Liberante, Michael Lipke, Arleen M. Locher, Sheree L. Long, Dennis M. Loranty, Christine J. Lutman, Karen M. Magill, Roger A. Manke, Ada J. Mann, Dean A. Marks, Charlbrenna Martin, Kristen L. Maue, Paula A. McCann, Christine M. McCarth, , Sharon A. McCormick, Wendy S. McMahon, Janice L. McQuillan, Catherine L. Meckes, Susan M. Menter, Theresa M. Miller, Kim M. Mims - Martin, Ruby C. Colangelo, Dominic J. Cole, Kathleen A. Colquhoun, Karen Couell, JoAnna M. Cowan, Emily J. Cyrankowski, Christine S Davis, Ursula J. Dearlove, Cheryl L. Deisz, Robert L. Delucci, Mary E. Denny, Robert DiMaria, James G. DiVito, Patricia Donato, Jeffrey L. D'Orazio, Pasquale Dulinawka, Nadia R. Elvers, Jeanne S. Ernst, Robert J. Esmond, Jennie M. Farr, Barbara A. Farrell, Ruth A. Fenski, Diane C. Flaiban, Debra A. Flynn, John J. Jr Foy, Barbara J. Frydrychowski, Donna A. Gabryel,Jospeh E. Gaskill, G. Franklin Germain, Richard F. Glaser, Heidi R. Goetz, Judith E. Gonzalez, Concepcion Goosman, Gena M. Grasso, Rose J. Green, Donna S. Green, Lori Griffith, Patricia A. Hagen, Muriel K. Hamilton, Linda M. Harper, Sharon Heimerl, Christine V. Herec, Judith A. Hoch, Irene J. Holeva, Denise R. Huber, Beverly A. Hudson, Beverly M. Hughes, Shaun M. Itzenplitz, Susan M. Janaski, Diane F. Jaworek, Beverly Josik, James W. Karam, Michael T. Kaye, Claudia J. Kedzierski, Andrew Keller, Julie A. Klein, Dawn M. Kline, John Knezevic, Michele L. Konicki, 'Timothy M. Kosmoski, Tracey Kroll, David L. Krug, Robert V. Kulbala, Kandida Kulesza, Linda M. Kuntz, Lorraine Lamanna, James W. Lauria, Theresa A. Lavey, Kathleen M. Leary, Judith A. Lecloux, Sylvester P II Leous, Margaret A. Lewis, Roshelle Lynette Lindstrom, Heather G. Liska, Melissa A. LoCicero, Donna M. Loos, Christine M. Lunge, Janet E. Mager - Gawronski, Brenna L. Mahoney, Ann Mann, Cathleen D. Marando, Angela Martens, Lynn Matras, Elizabeth M. Mayer, Judith I. McCarth , Ellen McCormick, Anna -Marie McGeorge, Catherine E. McMullen, Raymond J. Meade, Judy L. Mehs, MaryAnn Michalski, Christine Miller, MaryEllen Minotti, Daniel A. Mitchell, E. Mondo, Rosalie Mosack, Ellen M. M.Moslow, Jane B. Kim berlyMurphy- Beasley, Rena B.Murray, Mary Anne M.Napierski, Jane D. M.Ned, Deberra. V. A.Nitzer, Cindy A. Nunz, Katherine M. L.O'Connor,Sheila A. Orlowski, July Ortiz, Dorothy R. SusanOwens, Doris J. E.Ozark, James R. A.Palmeri, Susan M. Parker, Tommy Pavlovich, John M. Penders, Kathy A. Pfeffer, Michele Pfenninger, Judith G. Phillips, Joanne Podlewski, Gerald J. Provenzo, Craig S. Quinn, Patrick J. Ramunno, Lawrence T. Reach, Kathleen L. Rhinehart, Deloris Rinaldo, Candyce M. Rivera, Roslyn C. Rogers, Steven J. Rosowski, Barbara A. Ryan,John W. Sacco, Sue A. Saladyga, Frank Schaaf, Richard E. Scherlein, Shirley A. Schwartz, Candace S. Scott, William 0. Serota, Sharon E. Shatzel, Eugene J. Shaw, Leo T. Sikorski, Darlene A. Smith, Laurie A. Smith, Patricia J. Smith, Wayne D. Smolinski, Janet A. Somerville, Thomas W. Sortore, Lori A. Spencer, Gary J. Spielman, Karen Stefaniak., Anthony J. Jr Stockmeyer, Claudia D. Sukaczovv, Olga Summers, Susan V. Swinarski, Mary J. Szarowicz, Nancy F. Thayer, Brian F. Pamela Kopcinski Sharon I. Winfield Barbara Fasolinco Sandra Maciejewski Christine A. Trojan Shirley Bonanducci Patrice A. Colpoys Elaine DeFranks, Francine Giumento Patricia S. Lavin Beverly A. Marino Douglas W. Mercer Joy A. Peterson William Rogers Freddie Smith Joyce A. Olivieri Janet T. Cochrane Christine A. Dibble Mary Jo Gang Sara J. Hibbard Joanne M. Karamanos Edna M.Lovegrove Louis C. Strauss Mary A. Zimmerman Joyce Krawczyk, Patricia S. Thomas John J. Crangle, Jr. Paul Sorrentino Bonnie Jean Tolbert Rose Bologna LZ Linda Drake , F. Michael McGee Daisy Lopez Melissa Tozzo Darlene Lapinski Mitri, Doreen M. Moorhouse, Tricia Mosley, Michelle Muench, Murray, Colleen Myers, Denise Nardozzi, Susan Neumann, John Nuchereno, Frank D. O'Brien, Tracey O'Donnell, Sandra L. Orshal, Sharon E. Ostrowski, Ozark, Barbara Pahr, Peter Palovich, Patricia A. Patterson, Jennifer L. Pawlowski, Philip E. Penny, Philip J. Pfenninger, Arthur Pfonner, Kathleen Pilarski, Sharon Poynton, Ethel M. Quinn, Francis W. Ralabate, Joseph G. Rapin, David B. Rebman, Robert M. Riley, Margaret J. Ripstein, Denise A. Rizzo, Carolyn Roman, Josue Rutski, Mary C. Rybij, Gene H. Sajecki, Michael V. Saxer, Juliana E. Schabert, Linda Schuh, Martha Schwede, Lorine C. Senn, Louise F. Shadron, Roslyn C. Shaw, Barbara J. Shaw, Sharon R. Sims, Melanie S. Smith, Linda S. Smith, Shirley A. Smith - Evans, Deborah A. Solfrank, Charles M. Soos, Mary Louise Spencer, Deborah L. Spencer, Karl R. Stalica, David A. Steward, Lucinda Stone, Carol M. Sullivan, Patricia R. Swierski, Leslie E. Swing, Paul C. Terrell, Patricia M. Jesse J. Carmichael Sandra Metzler Louise 0. Cerrone Nina Cee Jok Francine C. Russo Mildred Zaccagnino Marguerite A. Galante Anny Marie S. Hawes Debra L. Hogan Judith C. Ivey Nancy B. Kostek Denise Napora Marlene A. Prather David Rosen -Brand Ann M. Vedella Elaine M. Szematowicz Marie, Van de Water John W. Weidmann Diane M. Zigrossi Leonard M. Potwora Anne L. Celano DeAirra R. Burroughs -Moore Danielle Casillas, Jacqueline K. Costantino Kexen L. Fritsch Lynn Miller Amy Wielinski Carl Szarek Susan A. Tilley Frances V. Boles Tara L. Bukowski Paul J. Maloney, Jr. David L. Suttell Charles Redden Yolanda Quintana Rodger Parsons Debbie Renzoni Clifford f. Braxton William J.Cooley, JR. Charles E. Craven Joseph 0. Denecke Patrick J. Finnerty Winston Fritz Theresa M. Manzuk Kathleen F. Marion Marion Miskovski Joseph Petronella Jeffrey T. Ricketts Kevin F. Suto Carol A. Weigand Louise Clyburn Malkinski, Magaret Paluch Jr. Chester Skorka, JoAnne Pietka, Kathy Sullivan, John Carter, Richard Woods, Paulette, Barone, Anthony DiPalma, Pamela Baudo Jr, Joseph Olszewski, Julie Pleasant, Teresa Wiles, Mary Beth Anger, Jennifer Duquin, Christopher Graber, Robert Petix, Connie Swanick, Charles Wainwright, Leslie Genevieve Rak Donna Militello Benjamin Crespo Jr Linda Ganci Aleander Montalv Carl Terranova Katheine Plesac Diae Fusco Timothy Baker Martin Bayerl Michael Acquino Kathleen Hanley Michael Smith Robin Bridges Rose Battle Alpha Collins Joy Reixinger Yvonne Serafini Rita Struzik Dana Hearon Kelly Gibbons - Glinski Lynn Milks Maureen Wojtanik Debra Ferril Eileen Keller Rose Van Kerkhoven Lawrence Wolff Kathleen Henry Frncis Brochowicz David Lesniowski Jennifer Malanowski Laura Hoock Carmen Bryant Maria Garozzo -Payne Enid Gualupe Robert Honan Phillip Kozerski Latifa Mack Bruna Michaux Marlene Smith Shiela Torres Cynthia Walczak Kathleen Ellis Gladys Herndon -Hill Carolyn Lenczyk Olivia Licsta Patricia Ciepiela Marcia Vanderlinden Rozanne Wozniak Wendy Stephens Stacy Hanson Kimberly Robinson David Pfaff Annmarie Barnes Karen Adamo V Thomas Chapin Kathleen Collins Mary Lou Fennie Jill Fowler John Abraham John M. Cleary, Jr. Samuel P. Cotroneo Karin A. Del Valle Daniel A. Dill Yhanihi T. Ford Amy C. Hughes Jacqueline A. McCarthy Joseph J. Mesi Maureen E. O'Brien Cindy L. Pietz Sharon M. Simon John T. Vickerd Phyllis Post Charmaine Fagan Pratt, David Wilson, Brian Wright, Joanne Herberger, Dan Fowler Jr, Willmer Kaczmarek, Diane Latona, Margaret Eschborn, Wendy Beeny, Kathleen Baudo, Catherine Jordan Jr, Joseph Wetter, Marilyn Riley, Charles Beeny, Michal Eaton, Charles Jackson, Sandra Rosen, Jeremey Kennedy - Tiedemann, Theresa Weigand, Laura Thomas Telesko Kimberly Beaty Mark Antonio Norman Hartman Cedric Holloway Richard Ortiz John Pace William Hageman Jr Daniel Derenda Harvey Frankel Mary Carr Dennis Richards Avery Nelson Joseph Martin Danny Owens Genevieve Lyon Marian Blady Carole Pyszczynski Fay Kwitkowski Suzanne Cairns Ellen Donoghue Deborah Mikolajewski Rene Granda Mitchell Shapiro Darryl McPherson Marianne Vara Edard Taublieb Juanita Goodwin Linda Kowalski Lisa Lickfeld Frank Palermo Janet Palma Charles Cutrona John Gieco Jr Eric Herndon Mary Jackson Ann Marie LoFaso Kirk McKenna Mary Quinn Secret Thompson Carole Vaccaro Rhonda Zloty Edward Mahoney Loretta Mathewson Willie McLaughlin Elizabeth Timineri Elaine Martis GailChapman Susan Kaiser Karen McCarthy Lorna McCarthy Joan Lillis Patricia Grasha Betty Murwaski Jeffrey Lazelle Denise Lorrens Fred McNeela Maria Sepulveda Nancy Sullivan Robert Freeman Patricia Amplement Diane M. Blachura James F. Borkowski Ann M. Burka Audrey Cannizzaro Nancy Canonico Ronald J. Christopher Mary Margaret Devany Anthony Domino Shirley A. EI -Amin Peggy J. Feldmann Stanley Fernandez Dennis R. Gilbert Diana Jamerson Stanley J. Klocck Paula Y. Kregg Doreen M. Leidolph Jodi L. Lombardo Robert N. Lorenzo Stephanie A. Masiello Gregory J. McCarthy Catherine D. McNaughtor Mia M. Moore Sharon L. Nelson Andrew Nostrant Charles P. Palumbo Ann Marie Petruzzi Charles J. Priore Gregory S. Rodemeyer Darrell J. Ruise Denise Sanchez Russell J. Sciandra Paula Sebastian Lawrence IT Sherlick Susan Trillizio Ronald D. Walker, Sr. David E. Williams Chet Wrobel Theresa O'Keefe Domenic Alongi Michael Cacciatore Jay Duderick Oswldo Mestre Rosalia Ortiz Rise Geller - Alongi James Folan Camille Hopkins Alan Tober Kathleen M Adams Mable M Duncan Katherine E. Milks Noreen M Carothers Sherry Ann Ebert Sheila M. Wiles CARNEY, Patricia KRAJEWSKI, Michael R. SIMICH, John P. Richard Bartoszewicz Paul Reinig Joseph Makowski Josephine Cutolo Fred D. Young Barry Gawlick Thomas Masterson Vincent Felicetta Donna M. Rich Blake, William Devlin, Albert Malkowski, Steven Ring, Timothy Donovan, Thomas O'Brien, Thomas CharlesSmith, Sandra MelissaWacienga, Janet Longo, Debrah Zdon, Debrah Paul Delano Guy Zagara Linda Craig Lynell Chestnut Desirae Greene Michael O'Brien Sharon Alexander Ruby Brazile David Rosolowski Eric Jay Rosser Louis Schmidt Francis Schwab Marguerite Spears Tonja Williams Kathleen LoTempio Hoa Mai Mary Jo Wasch Joyce Atwell Debra A. Blando Maureen M. Brinkworth Robert Caico Rhonda Cannon Dennis F. Chapman Ruby L. Culverhouse Joann Dickey Troy 0. Duncan Dorothea Evans Patricia A. Ferguson Elaine Garbe Alvin H. Hargro Madrene Kemp Deirdre J. Knightner Peter M. Lane Craig Leone Frank A. Lopez, Sr. Vincent J. LoVallo Robin Malay Nadine McCarthy Linda Misso Melinda Murphy James Nogowski Ndidi Nwabugwu Millard D. Perry Suzanne M. Piccolo Yolanda Rodriguez Daniel Roman Ana Salas Arlene C. Sciandra Leonard R. Sciolino Lawrence D. Senear Maria D. Suarez Michael D. Turman Carol Wilhelm Gaynell Williams Andrea Meegan Charlene Scherer Franciso Perez Amy Prentiss Sylvia Santana Patricia Sucharski Jill White Joelle Cash Karen McKeague Terrance Lewis Susan Cooley Cynthia D. Livingston Bebee J. Watts Christine DiPasquale Katherine D. McGarrah Margaret Lawson DUJANOVICH, Michael B. MAZUR, Paul D. WEISS, Barbara J. Joseph Lynch Mark Michalek Sheila Jaskula Kim Dragone Michael Arcara Lynda Krajewski Robert J. Fenders Debra Reilly Anthony Douglas Dee, James Losi, Salvatore McLellan, Harold Wisniewski, Marilyn McDonald, Timothy Carier, Kilcoyne, Lalley, Monica Williams, Debra Claudia Childs Christine Giardina Richard Bonarek Marlene Griggs Carrie Price Dana Gordon Vatasha Tibbs Ana Maria Rivera Anthony Fasanello Jr John Holenski Marvin Holmes Patricia Jackson Peter Jankowski Sheela Suchak Deborha Kane Jane Lussier James Manganello John Meegan Donald Po- Chedley John Battle Karyn Carney Philip Ramunno Ane Paulisczak James Maroney Kevin Keane Barbara Mantione Gregg Blosat Pamela Pantano Dian Dreyer Kenneth Bienko Patrick Roberts James Fagan Vanessa Rowe John Farley Michael Gaspar Thomas Vivian Michael Donohue Mary Gaspar Lori Guadagno Rachelle Levesque - Pratts Janet Sikorski Laura Schneider Valerie M. Demps Albert J. Liberatore Thomas McCarthy Janet M. Murphy, Gail W. Allen, John D. Rieman, Marvin V. Sanford, Lovinia Thrist, Noreen E. Walsh, Marylou Altieri Linda J. Donovan Doverspike jean Fricano Gregory K. Hill Yvonne S. Maddox Victoria Patterson Beatrice E. Rouse Diane Terrell Agostino, Michael Andersen, Linda Brem, James Chwalinski, Gerald Collin, Lisa Davis, Brian Davis, Jacqueline Dyer - Hurdon, Linda Jaskula, Mark Christopher Franczyk, David Grant, Stacey Hennings, Jacqueline Kennedy, Rosetta Lopez, JoAnne Morris, Willie Nobile, Wendy Nowak, William Pitts, Jumanne Rico, Diana Rushton, Jacqueline Thompson, Antoine White, Jacqueline Mildred Castro Kathleen Fitzpatrick Gail Lis Gilbert Howard Thomas Chwalinski Pamela Walker Marianne DeMarco John Hannon Jr Joseph Tomasulo Phillis White Christopher Skonecki Pamela Grzebielucha John Lynch Judy Vona Lawrence Tyler Theresa Farrell Diana Johnstone Barbara McAlister Salvatore Zagrrigo Paul Kozlowski Robert Koch Total : 977 ADOPTED James Perry Paula Prince Danny Williams Christine MacMillian William Smith Patrick Murphy Paula Carducci Sandra Clark Deborah Siracuse Mary Hanley James Watkins Frank DiPasquale James Stabler Michael March Sue Steele Lewis Ferrentino John Fenger Robert Whalen Mario Pratts Robert Meegan Marie Richardson Debra Kay Nasca Nancy Connolly Jenyne Langhorne Frances C. Hanks Byron Lock -wood, Michael A. Mordino, Laurie Piazza Donna M. Berry Diane Romer - Mason, Thomas C. Smith Susan Tinti, Joseph R. Wilhelm, Mary Barrows Maria Lisa Patricia L. Goss Tracy D. Jones Lillie C. Parker Phyllis A. Rossi James Singletary Shavonne Ward Andersen, Amanda Ashley, Shamar Campbell, Sonya Chwalinski, Linda Coppola, Marc Davis, Donna Day, Verneda Egan,Jean Kustra Jr, Grant, Betty Jean Green, Geraldine Hreshchyshyn, Yuri Lehner, Christine Martino, Mary Moses,Donald Nowak, Carol Paul, Julia Radka, Alice Rucinski, Laura Smith, Demone Verbocy, John Marcia Scott MaryLou Hooper Zoraida Matos Kathryn Barker Thomas Marchese Colleen Rich Olga Hernndez Theresa Calvin Marisa Scirri Evelyn Rodriquez Ludovico Puccio Christine Kasianowicz Maria Scinta David Genco Kim Marie Duke Patrice Eldridge Patricia Pelow Judith Lips Lisa Jenkins Marc Flynn Sylvia O'Neal Richard Canazzi UNFINISHED BUSINESS No. 117 Bond Resolution -$ 3,5 00,000- Neighborhood Redev. - Clearance Activities ( #17211/26/02) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Thompson CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Mr. Davis PASSED AYES -13- NOES -0 NO. 118 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13'h floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, December 17, 2002 at 9:30 o'clock A.M. Committee on FinanceTuesday, December 17, 2002 at 10:00 o'clock A.M. following Civil Service Committee on LegislationTuesday, December 17, 2002 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, December 18, 2002 at 10:00 o'clock A.M. Committee on Education Wednesday, December 18, 2002 at 2:00 o'clock P.M. Special Committees Budget Wednesday, December 11, 2002 at 10:00 o'clock A.M. in Room 1417 City Hall. Police Reorganization Wednesday, December 11, 2002 at 2:00 o'clock P.M. in Room 1417 City Hall. Bi- National Bridge Thursday, December 12, 2002 at 2:00 o'clock P.M. in Room 1417 City Hall. Special Legislation Comm. Thursday, December 19, 2002 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 given for notification, it will be provided. In addition, there may 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. 119 Adjournment On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 3:50 pm BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #11 OFFICE OF THE MAYOR -201 CITY HALL DECEMBER 12, 2002 Present Anthony M. Masiello, Mayor; Matt Van Vessum -Asst. Corp. Counsel -2 Absent: Anthony Nanula, Deputy Comptroller; James W. Pitts, Council President -2 The Journal of the last meeting was approved. NO. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of December 2002 amounting to $11,685.24 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -2. Noes -0. NO. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of December- 2002 amounting to $14,045.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -2. Noes -0. NO. 3 On motion by Mr. Masiello, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.