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Home My WebLink About02-0917No.17 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO September 17, 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 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 PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, SEPTEMBER 17, 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 September 3, 2002 were approved. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BUFFALO ARTS COMMISSION NO. 1 INSCRIPTION FOR SPIRIT OF WOMANHOOD The Arts Commission has no objection to the latest version of text proposed to be inscribed on the pedastal (rear) of the Spirit of Womanhood sculpture in Delaware Park- The attached text will be executed by Galle Memorial at no cost to the City Mrs. LoTempio moved: That the above communication from the Buffalo Arts Commission dated August 28, 2002, be received and filed; and That the Executive Director of the Buffalo Arts Commission be, and he hereby is authorized to allow the version of text proposed to be inscribed on the pedestal (rear) of the Spirit of Womanhood sculpture in Delaware Park. ADOPTED FROM THE OFFICE OF CITIZEN SERVICES NO. 2 MONTHLY REPORT FROM THE DIVISION OF CITIZEN SERVICES (MAYOR'S COMPLAINT HOT LINE AKA HELP Dear Members of Buffalo's Common Council: Attached for your review is a report of service calls received by the Division of Citizen Services for August, 2002. Calls for the month were slightly up with the increase primarily due to calls inquiring about time and location of public hearings. Also up for the month were garbage and refrigerator calls. Lovejoy, Masten, and Niagara, which had the most garbage calls, also had their bulk pick -up weeks. Many of the calls were disputes on when bulk trash was put at the curb. It is important to note that while a week is designated for bulk trash pick -up -the trash should be put out Sunday night, so that crews can start to pick it up on Monday morning. On a positive review, complaints regarding high grass on city lots, were down from 147 to 80; with the Ellicott district being the only area that had more than 10 complaints. The only other category that showed a significant increase in calls was forestry, where three districts: Masten, South and Ellicott all had over 30 calls. As always, I hope that you find this information helpful. RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO. 3 C: R. GRITZKE 16 ALLEN ST. OUTDOOR PATIO ITEM NO. 121, C.C.P. 9/3/2002 The City Planning Board at its regular meeting held Tuesday, September, 10 2002, considered the matter captioned above pursuant to Section 511 -57 of the Buffalo Code, Allen Street District. The applicant seeks use an existing sidewalk caf6 located at 16 Allen Street. The previous owners never obtained a permit for the outdoor patio. Under SEQIR the proposed outdoor patio is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the use of the outdoor patio with the following conditions: 1. No outside music, 2. Closing at 11 P.M. on weeknights, and 12 A.M. on weekends. RECEIVED AND FILED NO. 4 L. RUNG 59 ALLEN ST. AKA 494 FRANKLIN ST. SIDEWALK CAFE ITEM NO. 38, C.C.P. 7/9/2002 The City Planning Board at its regular meeting held Tuesday, July 30, 2002, considered the matter captioned above pursuant to Section 413 -59 and 511 -57 of the Buffalo Code, Sidewalk cafes and Allen Street District. The applicant seeks to encroach the right -of -way with a 441 x101 sidewalk cafe at 59 Allen Street aka 494 Franklin Street. Under SEQR the proposed sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to receive and file the application since is was determined, by the permit office, that a permit has been previously issued for this use. RECEIVED AND FILED NO. 5 PHOENIX FRONTIER 2044 BAILEY AVE. HUMAN SERVICE FACILITY ITEM NO. 118, C.C.P. 9/3/2002 The City Planning Board at its regular meeting held Tuesday, September 12, 2002, considered the matter captioned above pursuant to Section 511 -136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to construct a 6 bedroom, congregate care human service facility at 2044 Bailey Avenue. Under SEQR the proposed human service facility is considered an unlisted action which may be studied through uncoordinated review The Planning Board voted to communicate a finding of no additional concentration of similar uses within ' -- mile radius of the site and would recommend that the Common Council condition its approval on Design and site plan approval by the City Planning Board. RECEIVED AND FILED NO. 6 D. LEONE 976 ELMWOOD AVE. RE -OPEN RESTAURANT ITEM NO. 115, C.C.P. 9/3/02 The City Planning Board at its regular meeting held Tuesday, September 10, 2002, considered the matter captioned above pursuant to Section 511 -56 of the Buffalo Code, Elmwood Ave. Business District. The applicant seeks re -open a previously approved restaurant at 976 Elmwood Avenue. A change of ownership occurred at this location. Under SEQR the restaurant is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed restaurant. RECEIVED AND FILED NO. 7 K. POZANTDIS 1557 HERTEL AVE. C: RESTAURANT EXPANSION E ITEM NO. 116, C.C.P. 9/3/2002 The City Planning Board at its regular meeting held Tuesday, September 10, 2002, considered the matter captioned above pursuant to Section 511 -59 of the Buffalo Code, Hertel Avenue District. The applicant seeks to expand an existing restaurant with the construction of a one story 14f6flx381 masonry cooler and freezer storage building at the rear of the building located at 1557 Hertel Avenue. The proposed restaurant expansion is considered an unlisted action which may be studied through an uncoordinated review. The Planning Board voted to recommend approval of the proposed expansion of restaurant. RECEIVED AND FILED NO. 8 TRI -MAIN DEVELOPMENT 2495 MAIN ST. HUMAN SERVICE FACILITY ITEM NO. 120, C.C.P. 9/3/2002 The City Planning Board at its regular meeting held Tuesday, September 12, 2002, considered the matter captioned above pursuant to Section 511 -136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to convert and use a portion of a multi use 5 story building as a human service facility located at 2495 Main Street. Under SEQR the proposed human service facility is considered an unlisted action which may be studied through uncoordinated review The Planning Board voted to communicate a finding of no additional concentration of similar uses within mile radius of the site. RECEIVED AND FILED NO. 9 G. BENZEI 69 RED JACKET PKWY. HANDICAP RAMP ENCROACHMENT ITEM NO. 35 C.C.P. 7/9/2002 The City Planning Board at its regular meeting hold Tuesday, September 10, 2002, considered the matter captioned above pursuant to Section 413 -67 of the Buffalo Code, Encroachment Regulations. The applicant seeks to encroach the right -of -way with the construction of a 151 x91 handicap ramp at 69 Red Jacket Parkway. Under SEQR the proposed handicap ramp is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to receive and file the application for the proposed handicap ramp after several unsuccessful attempts were made, to reach the applicant, so they may appear before the board. RECEIVED AND FILED NO. 10 SHIP CANAL PROPERTIES, INC. 11 CITY SHIP CANAL BUSINESS OFFICE TRAILER ITEM NO. 117, C.C.P. 9/3/2002 The City Planning Board at its regular meeting held Tuesday, September 10, 2002, considered the matter captioned above pursuant to Section 511 -67 of the Buffalo Code, Buffalo Coastal Special Review District. The applicant seeks to use a trailer as a business office at 11 City Ship Canal. The trailer has been used without a permit for approximately 20 years. Under SEQR the office trailer is considered and unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the office trailer. RECEIVED AND FILED NO. 11 COMMUNITY SERVICES 1835 -1847 NIAGARA ST. HUMAN SERVICE FACILITY ITEM NO. 119, C.C.P. 9/3/2002 The City Planning Board at its regular meeting held Tuesday, September 12, 2002, considered the matter captioned above pursuant to Section 511 -136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to construct a one story 6 bedroom, congregate care human service facility at 1835 -1847 Niagara Street. Under SEQR the proposed human service facility is considered an unlisted action which may be studied through uncoordinated review The Planning Board voted to communicate a finding of no additional concentration of similar uses within ' -- mile radius of the site and would recommend that the Common Council condition its approval on Design and site plan approval by the City Planning Board. RECEIVED AND FILED NO. 12 J. HORVATH 264 ONTARIO ST. 41X3L PROJECTING SIGN ITEM NO. 94, C.C.P. 7/23/2002 The City Planning Board at its regular meeting held Tuesday, July 30, 2002, considered the matter captioned above pursuant to Section 413 -67 of the Buffalo Code, Encroachment regulations. The applicant seeks to erect a 41 x31 projecting sign on the face of a building located at 264 Ontario Street. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed sign and encroachment. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 13 RESULTS OF NEGOTIATIONS 132 CHENENGO, 60' NW MASSACHUSETTS VACANT LOT: 30'X 91' ASSESSED VALUATION: $4,200 The office of Strategic Planning, Division of Real Estate has received a request to purchase the above property from Mr. Rigoberto and Mrs. Cecilia Quiros, 128 Chenango Street, Buffalo, New York 14213. Mr. and Mrs. Quiros would like to purchase the adjoining property for additional green. space. The Division of Licenses and the Division of Collections have no objections to the sale. There are no outstanding code violations, taxes, or other liens owed to the City of Buffalo by the purchasers. An independent appraisal of the property was conducted by Lawrence Appraisal Services, Inc., 4449 North Milgrove Road, Akron, New York 14001. He has estimated the value of the parcel to be Two Hundred Fifty Dollars ($250), Nine Cents (.09) per square foot. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales prices range from Fourteen Cents (.14) to Thirty Cents (.30) per square foot. The results of our negotiations are that Mr. and Mrs. Quiros have agreed and are prepared to pay Eight Hundred Dollars ($800), Thirty Cents per square foot for this parcel. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale Of 132 Chenango Street to Mr. and Mrs. Rigoberto Quiros in the amount. of Eight Hundred Dollars ($800). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 12, 2002, be received and filed; and That the offer from Mr. Rigoberto and Mrs. Cecilia Quiros, residing at 128 Chenango Street, in the sum of Eight Hundred Dollars ($800.00) for the purchase of 1 -32 Chenango Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -13 NOES -0 NO. 14 RESULTS OF NEGOTIATIONS FOR THE 762 ELMWOOD, LOT SIZE: XX 143' ASSESSED VALUE: $19,100 The Office of Strategic Planning, Division of Real Estate, has a request from Mr. Gregory P. Koessler, of GPK, LLC, Inc. to acquire the rear portion of 762 Elmwood Avenue (approximately 38'x 70'). GPK, LLC, Inc. owns the property at 758 Elmwood Avenue, which is adjacent to the city -owned lot. They are in the process of rehabbing 758 Elmwood into a mixed -use property that will house retail and office tenants. They would like to construct a 2,306 -sq. ft. addition to 758 Elmwood extending onto the rear of 762 Elmwood. The addition will consist of retail space and two high -end apartments. In exchange for the 38'x 70' rear portion of the city -owned lot GPK will develop the existing front portion of the lot which will include new concrete walkways, landscaping, ground cover and plantings, new light fixtures, benches and tables. The total estimated cost of improving the city -owned front portion is approximately Severity Thousand Dollars ($70,000.00). In addition to the $70,000.00 investment GPK is requesting a 10'x 170' permanent easement for a walkway between 758 and 762 Elmwood Avenue. An independent appraisal of the city -owned lot was conducted by Mr. Michael Gluc of Northeastern Appraisal Associates. He has estimated the value of the 38'x170 lot to be Thirty -Eight Thousand Five Hundred Dollars ($38,500.00). The Appraisal Review Board of the City of Buffalo has reviewed the appraisal and recommends the sale price of Thirty -Eight Thousand Five Hundred Dollars. I am recommending that Your Honorable Body approve the transfer of title to the 38' x 70' rear portion of 762 Elmwood to GPK, LLC, Inc. and grant the permanent easement upon condition that GPK, LLC, I nc. redevelop the front 38' x 73' front portion of the city -owned lot in accordance with the plans submitted to the Office of Strategic Planning. I am further recommending that the Corporation Counsel prepare the necessary agreements for the transfer of title and that the Mayor be authorized to execute the same Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 12, 2002, be received and filed; and That the Director of Real Estate transfer title of 3 8' x 70' rear portion of 762 Elmwood Avenue to GPK, LLC, Inc., and grant the permanent easement of 10'x 170' for a walkway between 758 and 762 Elmwood Avenue, on the condition that GPK, LLC, Inc. redevelop the front 38' x 73' front portion of the city -owned lot in accordance with the plans submitted to the Office of Strategic Planning; and That the Corporation Counsel be authorized to prepare the necessary agreements for the transfer of title and that the Mayor be authorized to execute the same. PASSED AYES -13 NOES -0 FROM THE COMPTROLLER NO. 15 BUFFALO SCHOOLS /MUNICIPAL BOND BANK AGENCY Attached is my request for your approval of the Board of Education's Municipal Bond Bank Agreement. Mrs. LoTempio moved: That the above communication from the Department of Audit & Control, dated September 12, 2002, be received and filed; and That this Common Council approves the Board of Education's letter of intent to enter into an agreement, pursuant to Chapter 83 of the Laws of 2002 with the Municipal Borld Bank Agency for prior year claim financing authorization. PASSED AYES -13 NOES -0 NO. 16 CASH FLOWS REFLECTING JULY 1, 2001 THROUGH JUNE 30, 2002. ACTUALS FOR THE CITY AND BOARD OF EDUCATION. In my attempt to keep the Common Council informed of the combined City and Board of Education cash position, I am submitting the following information that represents the actual cash receipts and disbursements for the fiscal year ended June 30, 2002. At the outset, let me emphasize that these figures are purely on a cash basis and should not be interpreted and confused with an audited budget surplus (or deficit) at year end. Only when the "books" are official audited and closed by our independent outside auditor will we know what our budget results really are. 41.7 1 would like to report that on a combined basis, the City and the Board finished with net Ending Cash and Investments of $19, 951 million at June 30, 2002 when compared with the original cash flows submitted to the rating agencies this past January. You may recall at that time, we anticipated a modest negative $ 4,031 million cash deficit that we believed through aggressive cash management could be absorbed. In the last month of the fiscal year, the City and the Board met regularly to monitor our accounts payable requirements and were successful in deferring unnecessary expenditures. Specifically, we deferred a $5.1 million dollar Board of Education payment to the Capital Development Reserve Fund, along with approximately $8 million of Board and City non - salary expenditures. Obviously, several factors occurred to not only offset the negative $4 million, but also contributed to a significant ending cash balance. On the revenue side, overall cash deposits came in greater than the rating agencies' projection by more than $15.9 million. Of the more significant items attributing to excess revenues were the unanticipated receipt of "Spin Up" aid of $9.6 million, $12.1 million of "Education Basic" aid, $6.8 million in Board "Miscellaneous" income, $2.6 million in " Due from Other Funds ", $5.3 million of FEMA aid and $2.0 million of "Sales Tax" However, other revenue sources that came in significantly lower than expectation. Namely, Board of Education " Categorical " aid was $15.8 million less than projected, thus demonstrating the volatility of that revenue source. It has always and continues to be a difficult and unpredictable revenue to project on a cash and timing basis. Another notable revenue that was less than projected was the " Property Tax" category that was $3.1 million less than expected and "Other Income" $ 2.5 million less than anticipated. On the expenditure side, overall cash disbursements were $8.0 million less than the rating agency projection. Although relative modest in all categories, "Salaries" on a combined basis were $4.0 million less than anticipated and "Services and Supplies" were$600,000 less than anticipated including the $7.4 million in storm related costs. Other categories such as interfund cash loans were less than projection by $1.2 million, along with and transfers to various Enterprise Funds that made up the balance. It should be noted that the City and the School district were faced with undeniably the most severe budget crisis in history. Yet through the collaborative efforts of the Mayor, Common Council, the School Board along with my office, we were able to avoid a fiscal disaster. We successfully maintained our credit rating and in doing so were able to issue city and school bonds. Further, we paid off principal and interest on the largest single RAN issue ever. More importantly, we demonstrated that Buffalo did not need a municipal control board to manage its affairs. As an entity, I believe we came together and made the tough and painful decisions to keep Buffalo viable under extremely stressful conditions and constraints. I publicly want to commend the leadership of this city for their role in achieving this success. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 17 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS GENERAL CITY CHARGES - NYSPFRS BUILDINGS & UTILITIES We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $90,000 be transferred from General City Charges - NYSPFRS and reappropriated, as set forth below: From: General City Charges 17303002 - 423002 NYSPFRS $90,000 To: Utilities 17213003 - 441001 Gas $7,196 1 721 3003 - 441 003 Electric $3,696 Operation & Maintenance of Public Buildings 1:3296006- 480000 Services $62,016 13296003- 441004 Telephone $1,112 13296005-461105 Janitorial Supplies $2,200 13296005- 467000 Miscellaneous Supplies 3 000 13296005- 465001 Auto Supplies 300 1:3296005- 465002 Tires & Tubes 300 1:3296005- 466000 Building Supplies 420 13296006- 443400 Equipment Maintenance Contracts 300 13296007- 474100 Capital Outlay $9,660 Dated: Buffalo, NY, September 11, 2002 TOTAL $90,000 RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL NO. 18 REQUEST ACQUISITION OF 289 HIGH ST The First Centennial Missionary Baptist Church congregation is expanding and we are interested in acquiring the vacant lot located at 289 High Street, Buffalo, New York. To our knowledge, the present owner is three years in arrears in City and County taxes. In order for us to build a new sanctuary we would need this land. It would be greatly appreciated if you could please find out how the City can assist us in acquiring this lot. Thank you in advance for any assistance you can provide. May God truly bless you for all your help. REFERRED TO THE COMMITTEE ON FINANCE AND THE DIRECTOR OF REAL ESTATE NO. 19 CONCORDIA CEMETERY 438 WALDEN AVENUE BUFFALO, NY 14211 1 am writing this letter to ask for your immediate attention regarding the Concordia Cemetery. History of the Cemetery is as follows: Concordia Cemetery is located on the East Side of Buffalo, opened in 1859 and has 10,000 graves. In 1970 a religious organization turned the Cemetery over to a nonprofit organization that consisted of a Board of Directors (mostly elderly people) and a man by the name of William Whitehead who was elected Treasurer. In November 2000 The NYS Division of Cemeteries discovered that Mr. Whitehead had embezzled $154,000 from the Cemetery. At that point, the Board of Directors, with the assistance of the NYS Division of Cemeteries, immediately called a meeting of the Lot Owners in January 2001 and invited a City representative to attend. Unfortunately only one Lot Owner and no representative from the City attended the meeting. Therefore, the Board of Directors had no choice but to try and maintain the property because the Cemetery Caretaker found other employment and resigned in December 2000. Fourteen months ago the Directors resigned their positions as the 15 -acre site began running out of money and could not operate the grounds. In the fall of 2001, Mr. Whitehead who is a 71- year -old real estate developer, lives in Williamsville, and owns property there, was convicted of stealing $154,000 from the Cemetery. The Honorable Michael Pietruszka gave Mr. Whitehead 18- months to pay back at least half of the $154,000 he stole and work 500 hours at the Cemetery. It is my understanding that Mr. Whitehead is trying to obtain funds and plans to make full restitution. To date, nobody has seen much money, and the Probation Department cracked down after Mr. Whitehead paid landscapers to put in time for him. Payment of this money COULD HELP BRING THE CEMETERY BACK TO LIFE! There has been a number of Articles published in the Buffalo News describing the current condition of the neglected Cemetery. Pleas for help from family members who have loved ones buried in Concordia are heart wrenching. According to my research, The Comity did provide assists in early May 2002 by sending prisoners in to cut the grass and do some maintenance; it was understood that the County would only assist one time. Folks from the We Care Block Club, Matt Urban, ArneriCorps, Weed and Seed, and the Polish Genealogist Society have done cleanups. But even with help from the city workers, there's too much work! There are a number of options, which could save Concordia: Fillmore Council Member David A. Franczyk, who represents the neighborhood in which the Cemetery is located, wants the State to consider providing as much as $150,000 in repair and operating funds in return for the City's agreement to oversee maintenance tasks. Given the recent interest in the Cemetery by other groups, the City could take title to the property and maintain the Cemetery, acquire the State money to do repairs and fix it up, and turn title over to another group with the stipulation that it take care of the property. Richard F. Fishman, Director of the State Division of Cemeteries has said that if the City takes over the Cemetery it has a one -shot money pot of at least $150,000 in state aid to contribute to the restoration cause. At a recent meeting of the State Cemetery Board in Albany on June 20, the State informed the City that it is willing to provide the funds to restore and rehabilitate Concordia Cemetery. However, after restoration, the City would have to take title to maintain the Cemetery. On a related note, the Beth Jacob Cemetery, a burial site that is adjacent to Concordia, was recently transferred to the Jewish Federation Cemetery Corp. The new owner will oversee maintenance at the long- neglected cemetery. This entity is hoping that the City will forge an agreement with the State that will provide funds for repairs and cleanup. If the State provides the funds for restoration and the City assumes title to the property, there would be a low cost for maintenance of the site. As you well know, there are a number of people who five in Buffalo that are unemployed. I would think that maintaining a cemetery would help to provide additional income for their families. There are also a number of people on welfare who have to meet weekly requirements. Maybe 20 to 30 hours of labor at a neglected cemetery could assist in meeting demands of maintaining their benefits. And then there are the Prisoners; do you really think they are too busy to work? What about the building on the premises that contains two rental apartments and a small office? This building could provide rental income and an agreement could be made with the occupants to maintain the grounds! it is my feeling that the City has a moral obligation to not only the deceased, but also to the family members who have loved ones buried at Concordia. My father is 70 years old; he has parents, grandparents, uncles and aunts who are buried in Concordia. Every week, he trucks his lawnmower to Concordia and cuts the grass by his relatives' graves. Visiting the Cemetery, you will find that his relatives are the only graves that are maintained. I ask you, how would you feel, if your parents were buried in that Cemetery? Don't you think that you would have a personal obligation to them to do everything in your power so that they could rest in peace at a place that you could visit at yow- own discretion? Everyone knows that the City is in no position to take on another financial burden, but I kindly ask that you put aside a "business" decision and make an "emotional" decision to provide some relief to the many families who are distraught over the neglect the Concordia Cemetery. Please have mercy on those who will suffer and those who have suffered! If you would like to further discuss this matter, I can be reached, during the daytime at (716) 688 -5500. Respectfully submitted, REFERRED TO THE COMMITTEE ON LEGISLATION NO. 20 BUFFALO POLICE BENEVOLENT ASSOCIATION, INC. R. MEGEN —REQ EXT OF OPERATION ENDURING FREEDOM The Buffalo Police Benevolent Association, Inc., requests at this time to extend the "Operation Enduring Freedom" Memorandum of Agreement regarding an employee of the Buffalo Police Department who was ordered into military duty, to be extended an additional six (6) months to March 31, 2003.. The existing Memorandum of Agreement between the City of Buffalo and the Buffalo Police Benevolent Association, Inc. (please see enclosed copy), signed June 30, 20C12 and became effective July 1, 2002 and unless extended by mutual agreement of the parties, shall expire on September 30, 2002. 1 await your response to this necessary agreement extension. Sincerely, Mrs. LoTempio moved: That the Memorandum of Agreement between the City of Buffalo and the Buffalo Police Benevolent Association signed June 30, 2002 effective July 1, 2002 and to expire on September 30, 2002 subject to extension by mutual agreement. PASSED AYES - 13 NOES -0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 21 NOTIFICATION SERIAL 49601 INSTALL STOP SIGNS IN CONNECTICUT STREET AT FIFTEENTH STREET STOP SIGNS (ALL -WAY) - 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 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 Connecticut Street Fifteenth Street NOTIFICATION SERIAL # 9602 REPEAL ALTERNATE PARKING - TYPE I VARIOUS LOCATIONS NO PARKING (ALTERNATE - TYPE 1) - 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 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING Available in the City Clerk's Office This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking switch - over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpm (as opposed to 4:OOpm). Notification Serial # 9503 INSTALL ALTERNATE PARKING - TYPE 2K VARIOUS LOCATIONS (SEE LIST BELOW) NO PARKING (ALTERNATE - TYPE 2K) - 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 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING Available for review in the City Clerk's Office This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970 —s (one side of the street parking at all times), but changes the parking "switch- over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch- over" times to 6:OOpm (as opposed to 4:OOpm). NOTIFICATION SERIAL # 9604 INSTALL ONE -WAY STREET DIRECTION MONTROSE AVENUE - NORTHBOUND FROM ENGLEWOOD AVENUE TO KENMORE AVENUE ITEM NO. 16 1, C.C.P. 07/23/02 ONE -WAY STREET DIRECTION - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: ONE WAY STREET DIRECTION NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT Montrose Avenue from northbound Englewood Avenue to Kenmore Avenue This action is being taken at the request of the neighborhood residents and the District Councilmember. 9501 to 9503 RECEIVED AND FILED 9504 REFERRED TO THE COMMITTEE ON LEGISLATION NO. 22 REPORT OF BIDS CITY HALL EMERGENCY EGRESS LIGHTING I advertised for on August 21, 2002 and received the following sealed formal proposals for Buffalo City Hall, Emergency Egress Lighting, which were publicly opened and read on September 4, 2002. CIR Electrical Construction 2750 Kenmore, Tonawanda, NY $31,900 -00 Tunney Electric $32,188.00 8565 Roll Rd., Clarence Ctr, NY Frey Electric $35,993.00 100 Pearce, Tonawanda, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that CIR Electrical Construction, with a bid of Thirty One Thousand Nine Hundred and 00/100 Dollars ($31,900.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this project are available in CPF 36322206 445100 - Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 5, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the City Hall - Emergency Egress Lighting, to CIR Electrical Construction, the lowest responsible bidder, in the amount of $31,900.00. Funds for the project are available in CPF 36322206 445 100 - Buildings. PASSED AYES -13 NOES -0 NO. 23 REPORT OF BIDS GOLF COURSE RENOVATIONS I have previously requested and received permission to take bids for the above project, Item 32, CCP 7/10/01. 1 advertised on August 29, 2002 and have received the following bids for the Golf Course Renovations, which were publicly opened and read on September 12, 2002. Bids available for review in the City Clerk's Office I hereby certify that the foregoing is a true and correct statement of the bids received and that Birch Grove Landscaping, P.O. Box 117, East Aurora, New York is the lowest responsible bidder in accordance with the plans and specifications; and that the contract amount is $206,000 (base bid plus add alternates 1 -4). 1 request that Your Honorable Body authorized the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low base bid and alternates. Funds for this work are available in Bond Fund Account No. 36400706. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 12, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Golf Course Renovations, to Birch Grove Landscaping, the lowest responsible bidder, in the amount of $206,00.00 (base bid plus add alternates 1 -4). Funds for the project are available in Bond Fund Account No. 36400706. PASSED AYES -13 NOES -0 NO. 24 REPORT OF BIDS JFK COMMUNITY CENTER GYMNASIUM FLOOR REFINISHING I advertised for on August 13, 2002 and received the following sealed formal proposals for the JFK Community Center, Gymnasium Floor Refinishing, which were publicly opened and read on August 27, 2002. Nichter Associates $42,900.00 3435 Harlem, Cheektowaga, NY No other bids were received. I hereby certify that the foregoing is a true and correct statement of all bids received and that Nichter Associates, with a bid of Forty Two Thousand Nine Hundred and 00/100 Dollars ($42,900.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this project are available in CPF 36321506 445100 - Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 5, 2002, be received and filed; and I That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the JFK Community Center, Gymnasium Floor Refining, to Nichter Associates, the lowest responsible bidder, in the amount of $42,900.00. Funds for the project are available in CPF 36321506 445100 - Buildings. PASSED AYES -13 NOES -0 NO. 26 REPORT OF 131DS NORTH BASIN SLUDGE REMOVAL CONTRACT NO. 16 Plans and specifications were prepared and sealed proposals accepted for the Nor Basin Rehabilitation Sludge Removal Project Contract No. 16. 1 submit the attached report of bids received which were opened in my office at 11: a.m. on September 10, 2002. Trimax Residuals $421,203.58 9440 E oth Avenue Edmonton Alberta T6E OCI Canada Hydropress $549,440.00 77 WeEt Street West Hatfield, HA 01088 Blue Heron Construction $1,079,818.00 9293 Eonta Bridge Dr. Jordan, New York 13080 1 certify that the foregoing is a true and correct statement of all bids received a that Trimax Residuals, 9440 60 th Avenue, Edmonton Alberta, Canada is the lowest responsibility bidder complying with the specifications for the North Basin Sludge Removal Project with t bid of $421,203.58. respectfully request that your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to enter into a contract with Trimax Residuals the cost thereof to charged to the Division of Water's Capital Project account in the amount of $421,203.58 pl 10'2(1 for approved unit prices for a total encumbrance of $463,323.93. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 12, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the North Basin Rehabilitation Sludge Removal Project Contract No. 16, to Trimax Residuals, the lowest responsible bidder, in the amount of $421,203.58 plus 10% for approved unit prices for a total encumbrance of $4.63,323.93. Funds for the project are available in the Division of Water's Capital Project account. PASSED AYES -13 NOES -0 NO. 26 REPORT OF BIDS OVERLAY OF CITY PAVEMENTS 2002 GROUP #604 This is to advise your Honorable Body that I have advertised and received bids for the Overlay of City Pavements -2002 - Group #604. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less that the total bid. The following bids were received: Base Bid Unit Price Increase I Janik Paving & Construction, Inc.$560,880.00 $616,968.00 97 Evans St., P.O.Box 707 Hamburg, New York 14075 2. Destro & Brothers Concrete Co., Inc. $567,980.00 $624,778.00 411 Ludington St. Buffalo, New York 14206 3. Occhino Corp. $608,417.00 $669,258.70 2650 Seneca St. W. Seneca, New York 14224 4. Hartford Paving Corp. $611,880.00 $673,068.00 3409 Broadway Cheektowaga, New York 14225 5.Amherst Paving, Inc. $646,955.00 $711,650.50 330 Meyer Rd. Buffalo, New York 14226 6.Thomann Asphalt Paving Corp. $666,230.00 $732,853.00 56 Gurinville Rd. Lancaster, New York 14086 1 hereby certify that the lowest responsible bidder for the above project is Janik Paving & Construction, Inc.. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $616,968.00 ($560,880.00 Bas Bid + 10% unit price increase $56,088.00 = Total Award $616,968.00). Funds for this work are in Capital Project Accounts #30002706 - 445100, 30002806 - 445100, 30004006 - 445100, 30005006 - 445100, 30007406 - 445100, 30228106 -445 100, 3044131)6- 445100,30032106 - 445100.. The engineer's estimate for this work is $600,000.00. Attached is a tentative paving list of candidate streets by Councilmatic District. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid is an award of the contract is not made by October 21, 2002. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 5, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to award a contract for the Overlay of City Pavements - 2002 - Group #604 to Janik Paving & Construction, Inc., the lowest responsible bidder, in an amount of $616, 968.00 ($560,880.00 Base Bid + 10% unit price increase $56,088.00 = Total Award $616,968.00). Funds for this project are available in Capital Project Accounts #30002706 - 445100, 30002806 - 445100, 30004006 - 445100, 30005006 -445 100, 30007406 - 445100, 30228106 - 445100, 30441306 - 445100, 30032106 -445 100. PASSED AYES -13 NOES -0 NO. 27 REPORT OF BIDS PRATT WILLED COMMUNITY CENTER INTERIOR RENOVATIONS I advertised for on August 20, 2002 and received the following sealed formal proposals for the Pratt Willed Community Center, Interior Renovations, which were publicly opened and read on September 10, 2002. Base Bid Alt. #1 $ 58,450.00 $ 2,300.00 The Peyton Barlow Co. 360 Delaware, Buffalo, NY The Hadala Corp. $ 52,000.00 $ 14, 000.00 325 Grote, Buffalo, NY The C. H. Byron Co. $59,000.00 $7,000.00 100 James, Tonawanda, NY Nichter Associates $59,000.00 $12,000.00 3435 Harlem, Cheektowaga, NY New Era Construction $72,000.00 $4,850.00 202 Roosevelt, Tonawanda, NY C. Nichter $127,120.00 $18,000.00 30 Wildwood, Lancaster, NY Alternate #1 is to replace entire suspended ceiling. I hereby certify that the foregoing is a true and correct statement of all bids received and that The Peyton Barlow Co., with a base bid of $58,450 -00, add Alternate #1 for $2,300.00, for a total bid amount of Sixty Thousand Seven Hundred Fifty and 00/100 Dollars ($60,750.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this project are available in CPF 30014706 445100 Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 10, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Pratt Willert Community Center, Interior Renovations, to The Peyton Barlow Co., the lowest responsible bidder, in the base bid of $58,450.00, add Alternate #1 for $2,300.00, for a total encumbrance of $60,750.00. Funds for the project are available in CPF 30014706 445 100 - Buildings. PASSED AYES -13 NOES -0 NO. 28 REPORT OF BIDS REPAIR TO CITY PAVEMENTS 11 - 2002 GROUP #602 This is to advise your Honorable Body that I have advertised and received bids for the Repair to City Pavements 11, 2002, Group 9602 on September 11, 2002. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase Thomann Asphalt Paving Corp$119,550.00 $131,505.00 56 Gunville Rd., Uancaster, NY 14086 A.B.P. Concrete Construction, Inc. $133,900.00 $147,290.00 3407 Delaware Ave., Suite 200, Kenmore, NY 14217 Birch Grove Landscaping & Nursery, Inc. $157,300.00 $173,030.00 P.O. Box 117, East Aurora, NY 14052 1 hereby certify that the lowest responsible bidder for the above project is Thomann Asphalt Paving Corp. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $131,505.00 ($119,550.00 Base Bid plus $11,955.00 10% unit price increase = $131,505.00 Total Award). Funds for this work are in the Department of Public Works, Parks & Streets Capital Project Account #30032106. Locations are determined by emergency storm damage, street collapses, hazardous conditions and repairs prior to paving. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by October 28, 2002. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 12, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to award a contract for the Repair to City Pavements 11, 2002 - Group #602 to Thomann Asphalt Paving Corp., the lowest responsible bidder, in an amount of $131,505.00 ($119,550.00 Base Bid plus $11,955.00 10% unit price increase = $131,505.00 Total Award). Funds for this project are available in Capital Project Account #30032106. PASSED AYES -13 NOES -0 NO. 29 REPORT OF BIDS STORM DAMAGE SIDEWALK REPAIR - 2002 GROUP 4601 BLOCKHEAD CONCRETE AND PAVING CCP #38 OF 9/3/02 This is to advise your Honorable Body that the previous account number for the above contract was listed incorrectly. The corrected number is Account 30057406 - 445100. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 12, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to correct his records for Storm Damage Sidewalk Repair - 2002 - Group #601 Account #30057406 - 445100. PASSED AYES -13 NOES -0 NO. 30 REPORT OF BIDS TREE TRIMMING - CITYWIDE - 2002 PHASE III GROUP #588 ITEM #126, C.C.P. 3/3/98 This is to advise Your Honorable Body that I have advertised and received bids on Sept. 4, 2002 for Tree Trimming - Citywide - 2002 - Group #588. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material, which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Contractor Base Bid Unit Price Increase 1. Specialized Tree Service, Inc.$46,314.00 $50,945.40 P.O. Box 460 East Aurora, New York 14052 2.Schneck's Tree Removal, Inc.$52,949.00 $58,243.90 286.1 Southwestern Blvd. Orchard Park, New York 14127 3. Eastwood Industries, Inc. $67,495.00 $74,244.50 P.O. Box 305 North Boston, New York 14110-0305 1 hereby certify that the lowest responsible bidder for the above project is Specialized Tree Service, Inc.. I respectfully recommend that Your Honorable Body authorize a contract award in the amount of $50,945.40 (base bid of $46,314.00 plus [10% unit price increases] $4,631.40 = total award $50,945.40). Funds for this work are available in our Capital Account No. 3 5 3 10106 -445 100. The engineer's estimate for this work is $60,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made be October 18, 2002. Individual bid submissions are available in our office for inspection and copies are available upon request. Attachment Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 5, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Tree Trimming - Citywide - 2002 - Group #588, to Specialized Tree Service, the lowest responsible bidder, in the amount of $50,945.40 (base bid of $46,314.00 plus [10% unit price increases] $4,631.40 = total award of $50,945.40). Funds for the project are available in Capital Account No. 35310106 44 -5100. PASSED AYES -13 NOES -0 NO. 31 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 Corp., C #92010616. 1. Flush drains; replace cleanouts and vents. $1,152.50 The foregoing change results in a net increase in the contract of One Thousand One Hundred Fifty Two and 50/100 Dollars ($1,152.50). Summary: Current Contract Amount $ 78, 900.00 Amount of This Change Order ( #11) Add $ 1,152.50 Revised Contract Amount $ 80, 052.50 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 September 5, 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 Thomann Asphalt Corp., an increase in the amount of $1,152.50, 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 445100 - Division of Buildings. PASSED AYES -13 NOES -0 NO. 32 CHANGE IN CONTRACT KLEINHANS MUSIC HALL BOILER RENOVATIONS I hereby submit to Your Honorable Body the following changes for the Boiler Renovations to Kleinhans Music Hall, Fred's Welding and Mechanical Services, Inc. 1. [Replace safety valves. Add $ 1,480.00 2. Rework piping to the valves. Add $ 1,441.00 3. [Renew lower Hartford loops. Add $ 879.00 The foregoing change results in a net increase in the contract of Three Thousand Eight Hundred and 00/100 Dollars ($3,800.00). Summary: Current Contract Amount $ 42,728.00 Amount of This Change Order ( #1)Add $ 3,800.00 Revised Contract Amount $ 46,528.00 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 36321606 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 September 10, 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 Fred's Welding and Mechanical Services, Inc., an increase in the amount of $3,800.00, as more fully described in the above communication, for work relating to Kleinhans Music Hall. Funds for this project are available in CPF 36321606 445 100 - Division of Buildings. PASSED AYES -13 NOES -0 NO. 33 Increase in Contract McCarthy Park Improvements Contract No. 92010512 We are requesting permission of Your Honorable Body to increase the above Contract No. 92010512 with the Occhino Corporation in the amount of $2,596.00. This change order was necessitated due to unforeseen subsurface conditions which required us to bring in additional clean fill; and for the addition of some asphalt path work. The price for the work was found to be fair & reasonable by our consultant. Funds for this work are available in Bond Account 36400706. Summary Contract Amount $176,376.00 Change Order 2,596.00 $178,972.00 Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 10, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Occhino Corporation, an increase in the amount of $2,596.00, as more fully described in the above communication, for work relating to McCarthy Park Improvements. Funds for this project are available in Bond Account 36400706. Passed AYES -13- NOES -0 No. 34 Permission to Accept Federal Grant Shea's Performing Arts Center Permission is hereby requested from Your Honorable Body to accept a $1,000,000.00 grant from the United States Department of Commerce, Economic Development Administration, for Exterior Restoration of Shea's Theater. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 11, 2002 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to accept a $1,000,000.00 grant from the United States Department of Commerce, Economic Development Administration, for Exterior Restoration of Shea's Theater. Passed. AYES -13- NOES -0 No. 35 Purchasing of Snow Fighting Equipment Item #54. CCP. September 3, 2002 In answer to the above - mentioned, see the attached letter addressed to Marylou Hooper of Council Staff which explains all of the Council approved trades and vehicles purchased along with the trade balances. Regarding the lawn /grass Cutting we have ordered six tractors and eight cutter decks. We are waiting for them to be delivered as Of July 23, 2002 under Purchase Order #14000546. REFERRED TO THE COMMITTEE ON FINANCE NO. 36 Certificate of Appointment Appointment Effective: September 9, 2002 in the Department of Public Works, Parks & Streets Division of Engineering to the Position of Associate Account Clerk Permanent Appointment at the Intermediate Starting Salary of $28,896.00 Karen P. Harding 169 Garner Ave Buffalo, 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 37 "Increase Fines /Fees Associated w /dog Control Violations" Item # 126 C.C.P., September 3, 2002 In response to the above item, please be advised that at this time the Department does not have any comments or recommendations. A representative of the Department will be available to attend a special meeting of the Committee on Legislation to address the issue. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 38 Ordinance Amendment - Chapter 133 - City Property" Item 4137 C.C. P., September 3,2002 In response to the above item, please be advised that at this time the Department does not have any comments or recommendations. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF FIRE NO. 39 DIFF. IN PAY John Harter John Harter, Asst. Marine Engineer, on the Fire Boat at the Buffalo Fire Department was injured from May 6, 2002 to present. He is owed a difference in pay from May 6, 2002 to September 1, 2002 between Worker's Compensation (Allied Claim Service) and the City of Buffalo for the amount of $6,931.92. (see attached table) Mrs. LoTempio _Moved: That the above communication from the Commissioner of Fire dated September 6, 2002 be received and filed; and That the Comptroller be, and he hereby is authorized to pay John Harter, Asst. Marine Engineer on the Fire Boat at the Fire Department in the amount of $6,931.92 for difference in pay allowance under the provisions of the Workers' Compensation Law from 5/1/02 to 9/1/02. Passed AYES -13- NOES -0 No. 40 Letter of complaint Engine #23 Bailey & Collingwood #100 C.C.P. Sept. 3, 2002 In regards to the above referenced, I hereby submit the following: Upon receipt of the complaint I requested an informal hearing with Lt. John Keohane, Firefighter Barry Riley, Anthony Hynes, President of Local 282, Deputy Commissioner Margaret Keane and myself to discuss the accusations contained in the letter from the concerned citizen. At the hearing Lt. Keohane and Firefighter Riley vehemently denied the accusations. I explained the seriousness of the complaint and gave them both a formal warning that if in the future complaints or accusations were received regarding improper conduct, both employees would have departmental charged preferred against them. Attached are statements from Lt. Keohane and Firefighter Riley. Received and filed No. 41 RETURN FROM Leave of absence M. MITCHELL Be advised that Michael Mitchell has returned from unpaid Military Leave of Absence to his permanent position as Lieutenant with the Buffalo Fire Department effective September 2,2002. RECEIVED AND FILED FROM THE CORPORATION COUNSEL NO. 42 Appointment of Independent Legal Counsel for Common Council Item No. 139, C.C.P., 9/3/2002 You requested a response from the Law Department regarding the appointment of independent legal counsel for the Common Council that is separate from the Corporation Counsel's office. The issue has arisen due to individual Councilmembers requesting the appointment of independent legal counsel to represent interested individual Councilmembers in the Baines v. Masiello action. The Corporation Counsel declines to appoint outside counsel. Under the City Charter, the Corporation Counsel "shall prosecute and defend all actions and proceedings brought by or against the city or any of its officers, departments, commissions, boards, or other agencies ...." Charter § 12 -4. This department represents the municipal corporation the City of Buffalo, its departments, and officers sued in their official capacities. One of the Corporation Counsel's powers is the exclusive "power to designate the need for counsel outside of the law department to deal with conflicts of interest or special circumstances." Id. The Corporation Counsel determines the existence of a conflict or special circumstances that warrants appointment of outside counsel The actions of the municipal corporation are reflected (in relevant part here) by the duly enacted local laws, ordinances, and resolutions of the Common Council. The Law Department and the Corporation Counsel are obliged to defend the enactments of the Common Council. Under the ethical rules for attorneys Disciplinary Rule 5 -109, "when a lawyer is employed or retained by an organization [like the City of Buffalo] is dealing with the organization's directors, officers, employees, members, shareholders or other constituents, and it appears that the organization's interests may differ from those of the constituents with whom the lawyer is dealing, the lawyer shall explain that the lawyer is the lawyer for the organization and not for any of its constituents." 22 N.Y.C.R.R. § 1200.28(a). Thus, the apparent conflict here arises from the differences among Councilmembers. This office represents the official enactments of the Council. Opposing votes within the Council, however, does not create a conflict within the Law Department as to representing the Council or Councilmembers in their official capacities. The individual named Councilmembers in the Baines matter were sued in their official capacities. As such, this Department represents them in the above action. If any of the Councilmembers have distinct claims in this action arising from their individual capacity (that is, not as a City official), the proper procedure is to retain their own counsel (at their expense) and asset those claims REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 43 Contract for Architectural Salvage (Item No. 74, C.C.P. 9/3/2002 1 am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. I have reviewed the proposed Contract for Architectural Salvage and have the following concerns. As I understand this agreement, potions or parts of building are to be removed, categorized and sold to the public for use in restoration work. This concept is fine for ornate trim, doors, and even possibly cast iron radiators. My concern is when item such as plumbing, furnace, duct work and wiring are generalized as in this contract, persons that may purchase these items for installation in their properties may not realize that items such as these are not manufactured in compliance with today Underwriters Laboratory Standards. Uninformed persons though good intentioned, may bring a hazard into their homes causing, injury to the user. As we are in times when litigation rate are at an all time high, I urge you're Honorable Body to consider a more definitive listing of items to be recycled. A more definitive listing may avoid some one installing one of these architectural items in an application it not designed for, possibly placing the City of Buffalo in legal jeopardy. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 44 Ordinance Amendment - Chapter 133 -City Property Item No. 137, C.C.P. 9/3/2002 1 am in receipt. of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. I have reviewed proposed section 133 -22 of the Code and Ordinance of the City of Buffalo. The Department of Permit and Inspection Services supports this legislation with one caveat. The Specifications for demolition work performed by a private contractor for the Department of Permit and Inspection Services conveys al salvage rights of a building to the demolition contractor performing the work. If salvage operations are performed prior to the letting of bids for demolition, we have no concerns with this newly written ordinance. If salvage operations are t( be undertaken after the awarding of a demolition bid, the demolition contractor performing the wok will be entitled to demand liability insurance for any and all who may enter the premises, As the concerns we are bringing to light will protect the City of Buffalo from possible legal action , I feel that these situations must be included in the propose( legislation. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 45 Solicitation of Funds Permit Attached is an application for Solicitation of Funds For South Buffalo/ Lackawanna Lions Club to solicit funds in the Buffalo area from September 3 thru October 4, 2002. This is an annual event. In accordance with Chapter 316, Article VI of the City of Buffalo ordinances, I hereby refer this matter to your Honorable Body. Mrs. LoTempio Moved: That the above communication from the Commissioner of Permit and Inspection Services dated August 19, 2002, be received and filed; and That pursuant to Chapter 316, Article VI of the City of Buffalo Ordinances, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to grant South Buffalo /Lackawanna Lions Club an exemption to solicit funds in the City of Buffalo from September 3, 2002 to October 4, 2002. Passed. AYES -13- NOES -0 NO. 46 Used Car Dealer 1890 Clinton 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 1890 Clinton 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 Frank Komorowski. The attached thereto for Frank Komorowski d /b /a K- Enterprises. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 47 Used Car Dealer 549 Tonawanda 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 549 Tonawanda 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 Devin Hollands. The attached thereto for Devin Hollands d /b /a Antithesis Autos LLC. This 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 September 16, 2002, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Pen -nit and Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to Devin Hollands d /b /a Antithesis Autos LLC, located at 549 Tonawanda Street. Passed. AYES - 12 - NOES — 1 AYES- BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, AND THOMPSON NOES- PITTS FROM THE COMMISSION ON CITIZENS RIGHTS AND COMMUNITY RELATIONS NO. 48 INFO- ANTI DISCRIMINATION POLICY The Commission on Citizens' Rights and Community Relations in its charge strives to eliminate prejudice, intolerance, bigotry and discrimination and encourages equality of treatment for all of the citizens of this great city. We nondiscriminatory policies for the transgendered community. The Commission pursuant to 18:2 (f) of the Buffalo City Charter, in its 2000 -2001 Annual Report made ten recommendations regarding Citizens' Rights and Community Relations for the City of Buffalo. Recommendation # 8 spoke specifically to the need for reforms in the City of Buffalo's legislation. It reads: Anti - discrimination Policy Addendum (Recommendation Eight) The City's Anti - discrimination policy contained in the Charter, Code, and Ordinances of the City of Buffalo, which references the prohibition of discriminatory practices should be amended to include discrimination based upon "gender identity or expression ". Th is would protect the class of individuals commonly known (as transgendered... (pg. 16 - Commission on Citizens' Rights and Community Relations - Annual Report 2000 -2001) This Commission has worked with the transgendered and LGB community with regard to this issue and endorses any laws that would seek the enforcement of their civil rights as citizens of the City Of Buffalo. Resolutions 142 and 143 would add 'gender identity and expression' to the City's nondiscrimination and personnel policies. The Commission would also support an amendment to the Charter to include 'gender identity and expression' to Section 18:20 which governs authority of the Commission On Citizens' Rights and Community Relations. "Injustice anywhere is a threat to justice everywhere." Dr. Martin L. King, Jr. RECEIVED ND FILED FROM THE CITY CLERK NO. 49 Minutes of the Board of Ethics Attached please find the minutes of the May 21, 2002 Board of Ethics meeting. The Board did not meet during the months of June, July and August. RECEIVED AND FILED NO. 50 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 263 Michigan Ave Catering Establishment Buffalo Motorcar LLC 40 Hartman PI Club 1010 Club 1010 HSBC Center Compass Group USA Inc HSBC Center RECEIVED AND FILED No. 51 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: Police- Mary Kushner, Elizabeth Mann, Rachelle Levesque - Pratts Corporation Counsel- David State Community Services- Terrence L. Chatfvield Administration and Finance- Shawn Edinger Human Resources- Jeanine Farrier RECEIVED AND FILED. No. 52 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: September 3, 2002 in the Department of COMMON COUNCIL to the Position of INTERN SEASONAL NON - COMPETITIVE FLAT Starting Salary of: $7.00 /H R Bonner, James 118 Humber Avenue Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 53 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 September 5, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer 11, Seasonal, Non - Competitive at the Flat Starting Salary of $8.15 /hour Patricia Ricapito, 171 Rebecca Park, Buffalo, NY 14207 NO. 54 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: September 9.2002 in the Department of Public Works, Parks, Streets, Division of Recreation to the Position Of Refrigeration Plant Engineer Temporary Appointment at the Flat Starting Salary of $ 8.15 Mark Scanlon, 17 Choate, Buffalo 14220 Vincent Miranda, 130 Ridgewood, Buffalo 14220 Schedule "All Mark Blake, 158 Dundee, Buffalo 14220 Michael Scheiber, 168 Dundee, Buffalo 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 55 D. SMITH -NATL FUEL GAS - CONCERNS CONVERSION OF WASHINGTON ST. City Clerks Office Mr. Charles L. Michaux III 1308 City Hall Buffalo, NY 14202 Dear Mr. Michaux: Please file the attached information on behalf of National Fuel Gas Distribution Corporation for the upcoming Council Session being held on Tuesday, September 17, 2002, for further discussion. Should you require any further information regarding this request, please feel free to contact me at 851 -4980. Sincerely, Brian C. Davis Ellicott District Councilmember Dear Mike: As I mentioned after our Buffalo Place meeting this morning, I do not believe there is a mandate from the Board to convert Washington to two -way traffic. Not only would it create gridlock (I realize some i1 planners" want to slow traffic down), it would make the servicing of the Rand building and our building, 10 Lafayette Square, extraordinarily difficult. I believe the vast majority of directly affected building owners have the same concerns, concerns which I thought we all agreed would be addressed at a meeting devoted to the issue. Thus, I was very much surprised to learn that the "conversion" was scheduled for mid - September, apparently pfi2r to the meeting to address the concerns raised by various members of the Board. Given the expense to the City of a Washington conversion, the perception that a conversion is being championed by the Buffalo Place Board (despite no vote on the issue), the clear opposition by a significant number of Board members (especially by those directly impacted) and the draconian and irreversible nature of the consequences of the decision, the appropriate course of action for Buffalo Place is to affirmatively seek a "stay" of any action by the City pending the full airing of the issue. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND BUFFALO PLACE NO. 66 K. MATHEIS -INFO ACESS TO LASALLE PARK & ERIE BASIN MARINA Please file the attached information on behalf of Mr. Kevin Matheis for the upcoming Council Session being held on September 17, 2002. Should you require any further information regarding this request, please do not hesitate to contact my office at 851 -4980. Thank you. Sincerely, Brian C. Davis Ellicott District Councilmember September 9, 2002 Councilman Brian Davis City of Buffalo City Hall Buffalo, NY 14202 Better Access to Lasalle Park and Erie Basin Marina Dear Councilman Davis: I am a constituent in the Ellicott District and live at 156 Prospect Avenue. I have lived at this address from nearly 12 years and I have an idea for greater waterfront access to Lasalle Park. As it currently stands, waterfront access to Lasalle Park can be gained via Porter Avenue, the Hudson Street pedestrian Bridge, or at the entrance to the Erie Basin Marina and the Waterfront Village. None of these entrances to the Lasalle Park can reasonably be accessed without a car for most lower West Side residents. Nearly a mile separates these entrance points. I want 1 -o bring a potential access location to your attention. An obvious point to waterfront access has not been considered which is located at the mid -point between the Hudson pedestrian bridge and the Erie Basin Marina Entrance. Here is my idea- To the west of the Waterfront School, the 1 -190 expressway is elevated and secured with chain link fences- If the fences were removed, an access trail or path could be established UNDER the 1 -190. The property under this section of the 1 -190 sits idle and a barrier to waterfront access. Two p1 roblems that I see with the project are the citizens in the Waterfront Village giving protest, and the at -grade Amtrak crossing that runs adjacent to the 1 -190. If a signal or switch could be put at this crossing, then the project could be implemented with nominal investment. Benefits of the project include expanded access to the waterfront with better parking and accessibility to Lasalle Park when events occur, better access to the waterfront for the lower West Side including the West Village, Shoreline Apartments and downtown Buffalo inhabitants, and an expanded trailway for pedestians and bikers. I have included some photographs of the proposed area and hope you will consider this proposal. Kevin Mathels 156 Prospect Avenue Buffalo, NY 14201 (716) 856 -2215 REFERRED TO THE WATERWAYS SUBCOMMITTEE AND THE DIRECTOR OF STRATEGIC PLANNING NO. 67 C. CUMMINGS -REQ ASST CLARIFICATION OF EVAL /AWARD CRITERIA MONITORING ELECTRONIC SECURITY SYSTEM Dear Mr. Michaux: MINORITY BUSINESS ENTERPRISE, CHAIR I hereby submit for filing, copies of a letter from Cathy M. Cummings, President of ARC & COMM. Ms. Cummings is requesting assistance in obtaining clarification of the aqo evaluation /award criteria for BID# 02 -03 -004 Monitoring of Electronic Security Systems. Charley H. Fisher III Council Member at Large Attachments (4) 790 E Delavan Avenue Buffalo, New York 14215 September 5, 2002 (716)892 -4240 Buffalo Board of Education 65 Niagara. Square, Room 408 City Hall Buffalo, New York 14202 Attn: Board Members Dear Board Members; This letter is submitted as a request for your assistance in obtaining clarification of the evaluation /award criteria for BID4 02 -03 -004 Monitoring of Electronic Security Systems. We have been notified through telephone conversation with John S. Sperrazza of the Bureau of Purchase, that we were not the low bidder, therefore, we have lost the bid. Also, that MetroData was the low- bidder, and they would recommend that MetroData be awarded the Bid. We would like to have clarification as to the specific areas with which the Bid was evaluated and compared. We have submitted what we considered fair and very competitive prices in both the initial BID# 0 1 -02 -045 and the Re Bid, BID# 02 -03 -004. In our judgement, based on monitoring and labor, we were the low- bidder in both instances. As indicated below, the Bureau of Purchase has used its discretion differently in both bids and we would like an understanding of the reasoning for these decisions. We would appreciate your assisting us to better understand the g bidding process and how both bids were evaluated. The following is our understanding of the events that transpired and the reasoning as to our conclusion that we were the low- bidder. BID #0 1 -02 -045 1. The verbiage for Section I., Item 4. states as follows: "All current contractors must submit any and all Lock -out codes, master programming codes and /or any other code /security information relative to functionality of the panels. These codes and panel - relative information must be contained in the seated bid submitted on the designated day and time of the scheduled bid opening. Failure to comply with this requirement shall render any bid submitted by a currently engaged contractor as inv alid, per the discretion of the Board of Education." A. Due to the sensitive nature of security, it was our interpretation that "any other code /security information relative to functionality of the panels" excluded user codes. By freely divulging customer user codes, we would be in direct conflict with our current security responsibility to the Board of Education. Consequently, we included alternate information that would provide access to all system programming data including user codes in order to satisfy this requirement. In this case, the Bureau of Purchasing used their discretion to render the ARC & COMM. bid invalid. 2.ADT, the other bidder, also opted to exclude user codes from their bid package. Their reasons were probably due to security breach concerns as well. The fact that neither bidder provided user code information presented no advantage or disadvantage to either of the bidders or the Board of Education. 3. Our evaluation of the bid packages deemed ARC & COMM. as the low- bidder. ADT A. Our Central Station Monitoring rates were lower than those of the other bidder, ADT CENTRAL STATION MONITORING (79 %) Schools ADT Rate ARC & Comm. Rate 100% $32.25/mo. $25 /mo, 75% $26 /mo. $30 /mo. 50% $32 /mo. $35 /mo. 25% $35 /mo. $40 /mo. B. Our Labor rates were lower than those of the other bidder, ADT. LABOR ADT Rate & Comm. Rate Standard $751 hr. $65 /hr. Premium $125/hr. $85 /hr. BID# 02 -03 -004 2.. The verbiage for Section L, Item 4. Was altered to the following. "it is recommended that all current contractors submit any and all lock -out codes, master programming codes and /or any other code security information relative to functionality of the panels ... Failure to comply with this recommendation may render any bid submitted by a currently engaged contractor as invalid, per the discretion of the Board of Education." ARC & COMM. provided the information as recommended, the other bidders ADT, and MetroData, did not. However, in this case, the Bureau of Purchasing used their discretion and did not render the MetroData or ADT bids invalid. Our evaluation of the bid packages deemed ARC & COMM. as the overall low- bidder when considering both Labor, Central Station Monitoring rates with minimal projected School Maintenance. A. Our Central Station Monitoring rates ranked 2 ,d when compared to those of the other bidders. ADT ranked 3 d and MetroData CENTRAL STATION MONITORING (79) Schools ADT Rate ARC & Comm. Rate MetroData 100% $26 /mo. S25 /mo. $21.40 75% $28 /mo. $30 /mo. $21.40 50% $32 /mo. $35 /mo, $21.40 25% $35 /mo. $40 /mo. $21.40 B. Our Labor rates ranked I" when compared to those of the other bidders. ADT ranked 2 d and MetroData ranked 3rd. LABOR ADT Rate ARC & Comm. Rate MetroData Standard $75 /hr. $65 /hr. $75 1 st 1/2 Hr.+ $60 /Hr Premium $125/hr. $95 /hr. $125 1 st 1 /2Hr + $90 /Hr. Should you require any additional information, do not hesitate to contact me. Thank you for your assistance. REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION NO. 58 R. FONTANA -W. HASKAS -INFO WITHDRAW APPLICATION 9 WEST BALCOM Dear Mr. Galvin: As agent for the above noted application, please know that we are withdrawing this application for consideration by the Board at this time. Thank you for your professional attention to this matter RECEIVED AND FILED NO. 59 V. LAMB -PEACE BRIDGE EXPANSION PROJECT BI- NATIONAL INTEGRATED ENVIRONMENTAL PROCESS LOCAL GOVERNMENT INPUT TO PUBLIC WORKSHOPS Dear Councilmembers: The Modified Draft Scoping Document (MDSD) was distributed to you in a letter dated 13 August 2002. In Appendix D the MDSD described 59 project alternatives at six (6) crossing locations from Niagara Falls to Lake Erie. Additionally, the letter contained the schedule for four (4) of the upcoming Public Collaborative Workshops in Scoping Step 2 - the Alternative Screening Process. We have also met with you individually to describe the screening process and the alternatives that affect your municipalities. One of the Primary Goals, which is described on page 8 of the MDSD, states "Gain the support of the City of Buffalo, the Town of Fort Erie and /or other political subdivisions in which the project solution may be located." This goal must have a reasonable potential to be achievable for each alternative to be carried forward from the Alternative Screening Process into the Draft EIS /ESR process. Accordingly we ask that the City of Buffalo input to the Public Collaborative Workshops as follows: • Send representatives to monitor, observe and participate in Workshops 1 through 4. • Provide work in progress comment on the alternatives in your jurisdiction, and elsewhere if you wish, regarding your concerns, questions, issues and opinions at Workshop 2 (28 September 2002) and Workshop 4 (7 December 2002). We will be developing technical information for inclusion in the Workshops as we move through the process. That technical information will be shared with you prior to the Workshops. As always, please feel free to contact the Project Management office with any questions. Sincerely, REFERRED TO THE SPECIAL COMMITTEE ON BINATIONAL BRIDGE NO. 60 PBA ARBITRATION CONTRACT Attached please find the PBA Arbitration Contract which is available for review in the City Clerks Office REFERRED TO THE TAYLOR .LAW IMPASSE TASK FORCE NO. 61 ERIE COUNTY BOARD OF ELECTIONS PETITION REGARDING RECALL OF THE MAYOR Dear Mr. Michaux: The following certification with respect to the above - referenced petition is issued by the Erie County Board of Elections pursuant to the requirements of Sec. 23 -13(f) of the city charter. We find the petition filed with the city clerk on or about 10:06 am on August 5, 2002 to contain an insufficient number of signatures as required by Sec. 23 -13(a) of the city charter of the city of Buffalo to place the question of recall of the Mayor on the ballot. The findings of the Erie County Board of Elections as stated above are based upon the following: Section 23 -13(a) of the City Charter of the City of Buffalo states that the number of signatures required upon a petition seeking the holding of an election on the question of recall of an incumbent of an elective office is ",equal in number to at least twenty percent of the total number of votes cast for governor, in the city of Buffalo or the district from which the incumbent is being removed, at the last gubernatorial election..." The number of total votes cast for governor in the City of Buffalo at the last general election was 79,914. Pursuant to Sec. 23 -13(a) of the City Charter of the City of Buffalo, the minimum number of valid signatures therefore required to be contained upon a petition seeking the holding of a special election on the question of recall of an incumbent Mayor is 14, 536. Upon accurate count, the petition filed with the city clerk contains 21,129 signatures. A line by line analysis conducted by the Erie County Board of Elections determines that the petition filed contains 10,022 invalid signatures by reasons set forth on the enclosed summary sheet, leaving a remaining total of 11,107 valid signatures. Such number of valid signatures is less than that required by Sec. 23 -13(a) of the city charter. In compliance with Sec. 23- 13(f), the total number of signatures contained upon said petition is 21,129; the number of signatures which could not be identified by the Board of Elections as qualified electors of the City of Buffalo is 8,657; and the number of signatures which were not properly acknowledged is 728. A total of 56 signatures were disregarded pursuant to the provisions of Sec. 23 -13(b) of the city charter by reason of their being dated more than thirty days prior to the date of filing of the petition. A total of 332 signatures failed to comply with Sec. 23 -13(c) of the city charter by reason of their failure to add a place of residence, giving the street and number, and the date on which the petition was signed. A total of 241 signatures are of individuals currently electors of the City of Buffalo who were not qualified at the time of the preceding general election. Finally, a total of 8 signatures must be disregarded as from individuals who signed the petition more than once. A question has been raised as to the necessary qualifications of a subscribing witness, specifically whether such witness must have been a qualified elector of the City of Buffalo at the time of the preceding general election. As a ruling upon this question is of a legal nature and is more appropriately addressed by the city attorney and the courts, we do not render an opinion as to whether currently registered witnesses who were not qualified at the time of the last preceding general election may properly acknowledge signatures. If qualification at the time of the last preceding general election was held as a valid requirement of a subscribing witness, 1,150 additional signatures would be invalid by reason of their failure to be properly acknowledged. Furthermore, for purposes of this report, the Board considered no other factors in determining a voter's qualification to sign the petition other than whether the voter was a qualified elector of the City of Buffalo at the time of the last preceding general election. Accordingly, issues of fraud are beyond the ministerial duty of the board of elections to determine and signatures which otherwise may be found to be fraudulent were considered valid by the Board. In this regard however, the Board cannot turn a blind eye to its obligation to the public and the laws of this city and state. Upon review of the petitions submitted for our consideration, this Board found several glaring instances where a few specific subscribing witnesses engaged in what appears to be fraudulent activity in the obtaining of signatures upon the petition. In no manner should this fraudulent activity be attributed to the filers of the petition or the majority of those subscribing witnesses who properly circulated this petition. The Board of Elections will refer to the District Attorney of Erie County our findings, together with the alleged circumstances under which potentially fraudulent signatures were obtained, for appropriate action against those few individuals who have placed a taint upon this petition process. Accordingly, the Board finds the petition filed with the city clerk on August 5, 2002 to contain an insufficient number of signatures as required by Sec. 23 -13 of the city charter of the city of Buffalo RECEIVED AND FILED NO. 62 A. THOMPSON - HUD CONS. PLAN - 5 YR. HUD Consolidated Plan Planning Process Sept. 2002 -April 2003 Drafting and submitting one year action plan using previously approved five year plan Jan 2003 -Aug 2003 Drafting and submitting New HUD five year Consolidated Plan Fall 2003 - Spring 2004 Drafting and submitting one year action plan using recently HUD approved five year plan New Five Year Plan 9/2002 - 4/2003 One Year action Plan Fall 2002 - Spring 2004 New One Year Action Plan Copy available in City Clerks Office for review REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE DIRECTOR OF STRATEGIC PLANNING PETITIONS NO. 63 R. KUBINIEC, AGENT, USE 253 ALLEN -SIT IN RESTAURANT W/ SIDEWALK CAFE. (HRG. 9/24) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 64 W. STOECKERT, AGENT, USE II CITY SHIP CANAL (NAVY POINT YACHT SALES)- TRAILER FOR A BUSINESS OFFICE (HRG. 9/24) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 65 JIN YAN ZHANG, OWNER, USE 3162 BAILEY FOR RESTAURANT W/1 FAMILY DWELLING. (HRG. 9/24) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 66 S. JOSEPH, OWNER, USE 1487 HERTEL, FOR A RESTAURANT (HRG 09/24) REFERRED TO THE COMMITTEE ON LEGISLATION, STRATEGIC PLANNING, THE CITY PLANNING BOARDAND THE CORPORATION COUNSEL NO. 67 C. PAPAS & OTHERS - REQUEST ALT. PKG. RESTRICTIONS Attached petition available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS REGULAR COMMITTEES CIVIL SERVICE (MARC A. COPPOLA, CHAIRPERSON) NO. 68 SAL. ORD. AMEND -SR. ENGINEER - STRUCTURAL (CCP #133 -DEC, 11, 01) That the above item be and the same hereby is received and filed. AOOPTED NO..69 M. COPPOLA- UNDELIVERABLE LETTER -A. OSOURAH (CCP #97 -SEPT. 3, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 70 APPOINTMENT SR. AUDITOR (MAX) (COMPT.) (ITEM NO. 23- C.C.P. SEPT. 3, 2002) That Communication 23, Sept. 3, 2002 be received and filed and the temporary appointment of Gloria Schiavone stated above at the maximum salary of $40,772 effective on July 28, 2002 is hereby approved. PASSED AYES -13 NOES -0 NO. 71 APPOINTMENT SR. AUDITOR (INTER) (LAMACCHIA) (ITEM NO. 24- C.C.P. SEPT. 3, 2002) That Communication 24, Sept. 3, 2002 be received and filed and the provisional appointment of Marian LaMacchia stated above at the intermediate salary of $38,385 effective on July 26, 2002 is hereby approved. PASSED AYES -13 NOES -0 NO. 72 APPOINTMENT SR. AUDITOR (INTER) (MESSINA) (ITEM NO. 25- C.C.P. SEPT. 3, 2002) That Communication 25, Sept. 3, 2002 be received and filed and the temporary appointment of James Messina stated above at the intermediate salary of $38,385 effective on July 30, 2002 is hereby approved. PASSED AYES -13 NOES -0 NO. 73 APPOINTMENT REAL PROPERTY APPRAISER (MAX) (ASSESS /TAX) (ITEM NO. 3 I- C.C.P. SEPT. 3, 2002) That Communication 3 1, Sept. 3, 2002 be received and filed and the permanent appointment of Eric D. Herndon stated above at the maximum salary of $40,772 effective on July 30, 2002 is hereby approved. PASSED AYES -13 NOES -0 NO. 74 APPOINTMENT ASSOCIATE ENGINEER (MAX) (PW) (ITEM NO. 55- C.C.P. SEPT. 3, 2002) That Communication 55, Sept. 3, 2002 be received and filed and the permanent appointment of Sayed A. Ghasemi stated above at the maximum salary of $58,134 effective on August 9, 2002 is hereby approved. PASSED AYES -13. NOES -0. NO. 75 APPOINTMENT ELECTRICIAN (MAX) (PW) (ITEM NO. 56- C.C.P. SEPT. 3, 2002) That Communication 56, Sept. 3, 2002 be received and filed and the provisional appointment of Richard Fontana stated above at the maximum salary of $31,838 effective on August 28, 2002 is hereby approved. PASSED AYES -13. NOES -0. NO. 76 APPT.- POLICE CAPTAIN (CONT. PERM.) (MAX) (POL) (CCP #40 -JULY 23, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 77 APPT.- POLICE LIEUTENANT (CONT. PERM.) (MAX) (POL.) (CCP #41 -JULY 23, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 78 APPOINTMENTS POLICE OFFICERS (TEMP) (INTER) (POL.) (ITEM NO. 42- C.C.P. JULY 23, 2002) That Communication 23, July 23, 2002 be received and filed and the temporary appointments of Douglas Hayden, Deanna Fera, Shawn Harrison, John Caruso, Corey Krug, Isaack Johnson, Judith Bigelow, Jeffrey Banes, Michael Sullivan and Joanne Patterson stated above at the intermediate salary of $39,306 effective on July 1, 2002 is hereby approved. PASSED AYES -13. NOES -0. NO. 79 APPOINTMENTS POLICE OFFICERS (CONT. PERM.) (INTER.) (POL.) (ITEM NO. 43- C.C.P. JULY 23, 2002) That Communication 43, July 23, 2002 be received and filed and the contingent permanent appointments of Pascall Panaro, Nicholas Valvo, Steven Sierk, Joseph Ruggiero, Michael DeLong, Margaret Nowadly, John Messina and Melinda Jones stated above at the intermediate salary of $39,306 effective on July 1, 2002 is hereby approved. PASSED AYES -13. NOES -0. NO. 80 APPOINTMENTS POLICE OFFICER (PERM) (INTER) (POL) (ITEM NO. 63- C.C.P. SEPT. 3, 2002) That Communication 63, Sept. 3, 2002 be received and filed and the permanent appointments of Pascal Panaro and Nicholas Valvo stated above at the intermediate salary of $42,486 effective on August 19, 2002 is hereby approved. PASSED AYES -13. NOES -0. NO. 81 APPOINTMENTS POLICE OFFICER (PERM. CONT.) (INTER) (POL) (ITEM NO. 64- C.C.P. SEPT. 3, 2002) That Communication 64, Sept. 3, 2002 be received and filed and the contingent permanent appointments of Douglas Hayden and Deanna Fera stated above at the intermediate salary of $42,486 effective on August 19, 2002 is hereby approved. PASSED AYES -13. NOES -0. NO. 82 APPT. - POLICE LIEUTENANT (PERM) (MAX) (POL) (CCP #65 -SEPT. 3, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 83 APPT. - POLICE LIEUTENANT (PENN. CONT.) (MAX) (POL) (CCP #66 -SEPT. 3, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 84 APPT.- DETECTIVE (CONT. PERM.) (MAX) (POL.) (CCP #44 -JULY 23, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 85 APPT.- DETECTIVE (TEMP.) (MAX) (POL.) (CCP #45 -JULY 23, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 86 APPOINTMENT COMM. SPECIALIST (INTER) (FIRE) (ITEM NO. 69- C.C.P. SEPT. 3, 2002) That Communication 69, Sept. 3, 2002 be received and filed and the permanent appointment of Thomas Lester stated above at the intermediate salary of $31,361 effective on August 5, 2002 is hereby approved. PASSED AYES -13. NOES -0. NO. 87 APPOINTMENT COMM. TECH. (MAX) (FIRE) (ITEM NO. 70- C.C.P. SEPT. 3, 2002) That Communication 70, Sept. 3, 2002 be received and filed and the provisional appointment of Ronald Breler stated above at the maximum salary of $35,381 effective on August 16, 2002 is hereby approved. PASSED AYES -13. NOES -0. NO. 88 APPT. -FIRE ALARM DISPATCHER (MAX) (FIRE) (RIOLLANO) (CCP #47 -JULY 23, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 89 APPT. -FIRE ALARM DISPATCHER (MAX) (FIRE) (ORTIZ) (CCP #48 -JULY 23, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 90 APPT. -FIRE LIEUTENANT (PENN.) (MAX) (FIRE) (CCP #49 -JULY 23, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 91 APPT. -FIRE LIEUTENANT (PERM. CONT.) (MAX) (FIRE) (CCP #50 -JULY 23, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 92 APPT. -FIRE LIEUTENANT (PERM. CONT.) (MAX) (FIRE) (HORWOOD) (CCP #51 -JULY 23, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 93 APPT. -FIRE LIEUTENANT (PERM.) (MAX) (FIRE) (CCP #71 -SEPT. 3, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 94 APPT. -FIRE LIEUTENANT (PERM. CONT.) (MAX) (FIRE) (CCP #72 -SEPT. 3, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 95 APPOINTMENT SENIOR SUBSTANCE ABUSE SPECIALIST (MAX) (COM. SVS.) (ITEM NO, 59- C.C.P. JULY 23, 2002) That Communication 59, July 23, 2002 be received and filed and the provisional appointment of Diana Simmons stated above at the maximum salary of $37,732 effective on July 11, 2002 is hereby approved. PASSED AYES -13. NOES -0. NO. 96 APPOINTMENT DIRECTOR OF COUNSELING (MAX) (COM. SVS.) (ITEM NO. 80- C.C.P. SEPT. 3, 2002) That Communication 80, Sept. 3, 2002 be received and filed and the provisional promotion of Bernadette Sherry stated above at the maximum salary of $47,772 effective on July 26, 2002 is hereby approved. PASSED AYES -13. NOES -0. NO. 97 APPOINTMENT PARALEGAL ASST. (MAX) (A &F) (ITEM NO. 79- C.C.P. SEPT. 3, 2002) That Communication 79, Sept. 3, 2002 be received and filed and the permanent appointment of Patrick K. Irwin stated above at the maximum salary of $38,094 effective on August 23, 2002 is hereby approved. PASSED AYES -13. NOES -0. NO. 98 NOTICES OF APPT. -TEMP, /PROV. /PERM. (C. CLK.) (CCP #95 -SEPT. 3, 02) That the above item be and the same hereby is received and filed. ADOPTED FINANCE (BETTY JEAN GRANT, CHAIRPERSON) NO. 99 ABANDONMENT AND SALE OF 1839 & 1847 NIAGARA STREET (ITEM NO. 7, C.C.P., SEPT. 3, 2002) That the City of Buffalo does hereby abandon a 1835, 1839 & 1847 Niagara Street in accordance with Article 27, Section 27 -5 of the Charter of the City of Buffalo; and That the Director of Real Estate be, and he hereby is authorized to negotiate a sale with Mary Ellen Brockmyre on behalf of the Community Services for the Developmentally Disabled, Inc., and report back to the Common Council with the results of negotiations for final approval of the sale of 1835, 1339 & 1847 Niagara Street. PASSED. AYES -13. NOES -0. NO. 100 BFNC- UTILITY COSTS J.B. WILEY SPORTS PAVILION (CP) (CCP# 18 -JAN, 22, 02) That the above item be and the same hereby is received and filed. ADOPTED. NO. 101 JOHNNIE B. WILEY SPORTS PAV. -PAST DUE BILL DRAKE LAWN & GARDEN INC (CP) (CCP #20 -JAN. 22, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 102 JOHNNIE B. WILEY- ELECTRIC BILL NIMO (CP) (CCP #21 -JAN. 22, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 103 STATUS OF PAYMENTS -J.B. WILEY SPORTS PAVILION (PW) (CCP #33 -FEB. 5, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 104 BFNC- EXPENSES RELATED TO J.B. WILEY SPORTS PAVILION (CP) (CCP #19 -FEB. 19,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 105 WATER BILL - JOHNNIE B. WILEY SPORTS PAVILION (CP) (CCP #23 -MAR. 19,02) That the above item be and the same hereby is received and filed. ADOPTED No. 106 J. B. Wiley Sports Pavilion -BFNC Expenses /Bond Agreement W /COB (PW) (CCP #35 -Mar. 19,02) That the above item be and the same hereby is received and filed. ADOPTED No. 107 Roosevelt Park Shelter House Improvements - Report of Bids (Item No. 37, C.C.P., Sept. 3, 2002) Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED. No. 108 Increase in Contract - Glenny Park Field House Plumbing (Item No. 46, C.C.P., Sept. 3, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant Moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to MKS Plumbing Corporation, Contract No. 92010515, an increase in the amount of $8,546.92, as more fully described in the above communication, for work relating to Glenny Park Field House, Plumbing Contract 92010515. Funds for this project are available in MUNIS 36400706. Passed AYES -13- NOES -0 NO. 109 Increase in Contract - McCarthy Park Concession Stand (Item No. 47, C.C.P., Sept. 3, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant Moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Warrens Electric, Contract No. 92010563, an increase in the amount of $659.50, as more fully described in the above communication, for work relating to McCarthy Park Concession Stand, Electrical Contract No. 92010563. Funds for this project are available in Bond Account 36400706. Passed AYES -13- NOES -0 No. 110 City Clerk Audit - 7/1/2000- 6/30/2002 (Compt.) (CCP #20 -Sept. 3, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 111 I Panek - Hortman -S. Bflo. Bus. Assn.- Sunday in the Park -Clean Up /Security (CCP #75 -July 9, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 112 Inv. Poss. -One Time Amnesty from Penalties Due on Prop Taxes, etc (Ex. I" Res) (CCP #144 -Apr. 2,02) That the above item be and the same hereby is received and filed. ADOPTED No. 113 Inv. Poss. -One Time Amnesty from Penalties Due (A &F) (CCP #47 -Apr. 16, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 114 Fund Identification for Damaged Public and Private Property (CCP #178 -Jan. 22, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 115 Monthly Rpt. -June 2002 (Cit. Svs.) (CCP #5 -July 23, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 116 B. Grant -D. Fabiano -Req. Tree Removal -395 Voorhees Ave. (CCP #101 -Sept. 3, 02) That the above item be and the same hereby is received and filed. ADOPTED Legislation (Richard A. Fontana, Chairman) NO. 117 Gary Bowen Jr., Petition to Use 976 Elmwood Avenue - Restaurant (Item No. 115, C.C.P., Sept. 3, 2002) That after the public hearing before the Committee on Legislation on September 10, 2002, the petition of Gary Bowen Jr., agent, for permission to use 976 Elmwood Avenue for a restaurant be, and hereby is approved. Passed. AYES -13- NOES -0 NO. 118 P. Lamparelli, Petition to Use 1557 Hertel Avenue - Coo ler /Freezer /Storage Area (Item No. 116, C.C.P., Sept. 3, 2002) That after the public hearing before the Committee on Legislation on September 10, 2002, the petition of P. Lamparelli, agent, for permission to use 1557 Hertel Avenue for a cooler /freezer /storage area be, and hereby is approved. Passed. AYES -13- NOES -0 NO. 119 J. Reynolds, Petition to Use I I City Ship Canal - Trailer for Business Office (Item No. 117, C.C.P., Sept. 3, 2002) That after the public hearing before the Committee on Legislation on September 10, 2002, the petition of J. Reynolds, agent, for permission to use I I City Ship Canal for trailer for business office be, and hereby is approved. Passed. AYES -13- NOES -0 NO. 120 S. Robarge, Petition to Use 2044 Bailey Avenue - Human Services Facility (Item No. 118, C.C.P., Sept. 3, 2002) That after the public hearing before the Committee on Legislation on September 10, 2002, the petition of S. Robarge, agent, for permission to use 2044 Bailey Avenue for a human services facility be, and hereby is approved. Passed. AYES -13- NOES -0 NO. 121 M. Brockmyre, Petition to use 1835 Niagara Street - Human Services Facility (Item No. 119, C.C.P., Sept. 3, 2 002) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation, ADOPTED. No. 122 E. Hothow, Petition to Use 2495 Main Street - Human Services Facility (Item No. 120, C.C.P., Sept. 3, 2002) That after the public hearing before the Committee on Legislation on September 10, 2002, the petition of E. Hothow, agent, for permission to use 2495 Main Street for a human services facility be, and hereby is approved. Passed. AYES -13- NOES -0 NO. 123 R. Fales, Petition to Use 16 Allen - Outdoor Patio (Item No. 121, C.C.P., Sept. 3, 2002) That after the public hearing before the Committee on Legislation on September 10, 2002, the petition of R. Fales, agent, for permission to use 16 Allen Street for an outdoor patio be, and hereby is approved with the following conditions: I . That no outside music is permitted on the outdoor patio. 2. That the outdoor patio closes at 11:00 p.m. on weekdays and 12:00 a.m. on weekends. Passed. AYES -13- NOES -0 NO. 124 William P. Eberhard, Petition to use 264 Ontario Street - Projecting Sign (Item No. 94, C.C.P., July 23, 2002) That the above item be, and the same hereby is, returned to the Common Council with -out recommendation. Mr. Fontana Moved: That the petition of William P. Eberhard, for permission to use 264 Ontario Street for a projecting sign be, and hereby is approved subject to approval by the Zoning Board of Appeals. Passed. AYES -13- NOES -0 No. 125 K. Joyce, Petition to Use 9 West Balcom - Human Services Facility (Item No. 85, C.C.P., July 9, 2002) That after the public hearing before the Committee on Legislation on July 16, 2002, the petition of K. Joyce, agent, for permission to use 9 West Balcom for a human services facility be, and hereby is received and filed. ADOPTED NO. 126 Appointment to Citizens Planning Council (Item No. 15 8, C.C.P., July 9, 2002) That the appointment of Thomas Vossler, residing at 324 Beard Avenue, as a member of the Citizens Planning Council be, and hereby is approved. Passed AYES -13- NOES -0 NO. 127 Rev. of Nominee for Appt. -Cit. Planning Council (Law) (CCP #53 -July 23, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 128 Reap pt. /Appt.- Members -Bd. Of Heating Examiners (Mayor) (CCP #I -July 23, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 129 Ordinance Amendment - Chapter 154 - Discrimination (Item No. 142, C.C.P., Sept. 3, 2002) That the Ordinance Amendment as contained in Item No. 142, C.C.P., September 3, 2002, be and the same hereby is approved. Passed AYES -12- NOES -1 AYES - BONIFACIO, COPPOLA, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO,MARTINO, PITTS, THOMPSON -12 NOES - FISHER - 1 NO. 130 Ordinance Amendment - Chapter 35 - Personnel Policies (Item No. 143, C.C.P., Sept. 3, 2002) That the Ordinance Amendment as contained in Item No. 143, C.C.P., September 3, 2002, be and the same hereby is approved. Passed AYES -13- NOES -0 NO. 131 Sidewalk Cafe - 59 Allen Street (Item No. 38, C.C.P., July 9, 2002) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Leon Rung, owner of Caf6 59, located at 59 Allen Street, to install a sidewalk cafe, which would encroach city right -of -way at said address, subject to the following conditions: I . That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the sidewalk cafe does not exceed forty four feet (44') in length or extend more than ten feet (10') from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right -of -way from November 15 to April I each year. 6. That the applicant be assessed the annual fee of one dollar and thirty cents ($1.30) per square foot of City right -of -way occupied by said sidewalk cafe as described in Chapter 413, Article 1 X, Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the Department of Public Works, Parks and Streets with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. Passed. AYES -13- NOES -0 No. 132 Sidewalk Cafe - 765 Elmwood Avenue (Item No. 49, C.C.P., June 25, 2002) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Paul and Christine Gallo, owners of the Soul Lievito Bakeshop, located at 765 Elmwood Avenue, to install a sidewalk cafe, which would encroach city right -of -way at said address, subject to the following conditions: I . That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the sidewalk cafe does not exceed fifteen feet (15) in length or extend more than eight and one half feet (8 1/2') from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right -of -way from November 15 to April I each year. 6. That the applicant be assessed the annual fee of one dollar and thirty cents ($1.30) per square foot of City right -of -way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the Department of Public Works, Parks and Streets with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. Passed. AYES -13- NOES -0 No. 133 Secondhand Dealer - 1119 William Street (Item No. 57, C.C.P., July 23, 2002) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Secondhand Dealer license to Florence Conti, d /b /a Goodwill Industries of WNY located at 1119 William Street. Passed. AYES -13- NOES -0 NO. 134 Secondhand Dealer - 1368 Bailey Avenue (Item No. 76, C.C.P., Sept. 3, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana Moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Secondhand Dealer license to Ronald Piotrowski, d /b /a T & R Adventure Auto located at 1368 Bailey Avenue with a 5 car limit. Passed. AYES - 12 - NOES — 1 AYES — BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO AND THOMPSON — 12 NOES — PITTS — 1 NO. 135 St. Rose of Lima Parish - Trailblazer Signs (Item No. 123, C.C.P., Sept. 3, 2002) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana Moved: That the petition of Kathy DiRaimondo, for permission to have the three -block stretch of Parker Avenue (north from Hertel Avenue, through Tacoma, Parkside and ending at Taunton Place) to be designated as "St. Rose of Lima Way" trailblazing signs be, and hereby is approved. Passed. AYES- 11 - NOES-2 AYES — COPPOLA, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, MARTINO, PITTS AND THOMPSON — 11 NOES — BONIFCIO AND LOTEMPIO — 2 NO. 136 BY -LAWS OF THE BROADWAY MARKET MANAGEMENT CORPORATION (ITEM NO. 58, C.C.P., JUNE 11, 2002) That the recommended changes of the by -laws of the Broadway Market Management Corporation as approved by the Board of Directors at their meeting of May 30, 2002 be, and hereby are approved. Passed. AYES -13. NOES -0. NO. 137 C. FISHER -B. CRUM -FOOD POISONING INCIDENT (CCP #81 JULY 23, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 138 FOOD POISONING INCIDENT (CCP #44 -SEPT. 3, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 139 C. FISHER -B. CRUM -FOOD POISONING INCIDENT (PERMITS /INSP.) (CCP #75 -SEPT. 3, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 140 B. GRANT - CONCEMED CIT. -FIRE DEPT. EMPLOYEES - ENGINE 923 - BAILEY & COLLINGWOOD (CCP #100 -SEPT. 3, 02) That the above item be and the same hereby is received and filed. ADOPTED COMMUNITY DEVELOPMENT (ANTOINE M. THOMPSON, CHAIRMAN) NO. 141 SET PUBLIC HEARING- LDA- EMANON PARTNERS, LLC (HRG. 9/17) 854, 856 -858, 864 MAIN STREET CCP#4 - 9/3/02 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, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Ms.Grant, the item is property before the Common Council, and the hearing is opened. CARRIED. Appearances —Mary Ann DeMarco, CD; Bob Starke, Emanon Partners, LLC; Bruce Thompson, William Harmon, Allentown Assn.; Fred Heinle, BURA; Maria Scinta, BURA; Elizabeth Licata Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Thompson CARRIED. Mrs. LoTempio moved: That the above mentioned item be and the same is hereby approved. PASSED. AYES -13. NOES -0. NO. 142 PROPOSED LAND DISPOSITION AGREEMENT - 854, 856 -858, 864 MAIN STREET EMANON PARTNERS, LLC (ITEM NO. 124, C.C.P., SEPT. 3, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thompson moved: That after a public hearing, the Common Council may adopt a resolution authorizing the disposition of land to the Redeveloper, which BURA has designated as being qualified and eligible. ADOPTED. NO. 143 SET PUBLIC HEARING -LEASE AGREEMENT W /OPTION TO PURCHASE PORTION OF 380 N. OAK CCP #5 - 9/3/02 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, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mr. Fisher, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances —Fred Heinle, BURA; Rocco Termini, Ellicott Lofts. Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Fisher. CARRIED. Mrs. LoTempio Moved: That the above item be, and the same hereby is returned to the Common Council without recommendation. PASSED. AYES -13. NOES -0. NO. 144 LEASE WITH OPTION TO PURCHASE PORTION OF 380 N. OAK (ITEM NO. 128, C.C.P., SEPT. 3, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thomson Moved: That after a public hearing, the Common Council may adopt a Resolution authorizing the disposition of land to the Redeveloper, which BURA has designated as being qualified and eligible. ADOPTED. NO. 145 SET PUBLIC HEARING- LDA -91 GENESEE CCP #6 - 9/3/02 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, a copy of which is attached hereto. Appearances: Maria Scinta, BURA; Jesse Schnell, Flynn- Battaglia Associates. On a motion by Mrs. LoTempio, seconded by Mr. Davis, the item is properly before the Common Council, and the hearing is opened. CARRIED. Mrs. LoTempio moved: That the above mentioned item be and the same hereby is approved. PASSED. AYES -13. NOES -0. NO. 146 CONTRACT FOR SALE OF LAND - 91 GENESEE STREET (ITEM NO. 129, C.C.P., SEPT. 3, 2002) That the above item be, and -the same hereby is returned to the Common Council without recommendation. Mr. Thompson moved: That after a public hearing the Common Council may adopt a Resolution authorizing the disposition of land to the redeveloper which BURA has designated as being qualified and eligible. ADOPTED. NO. 147 ELLICOTT LOFTS, INC. - PERMANENT EASEMENT (ITEM NO. 12, C.C.P., SEPT. 3, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thompson moved: That the Director of Real Estate be, and he hereby is authorized to enter into a Permanent Easement with Ellicott Lofts, Inc., for Air Rights, approximately 5' x 150'; to that space between the roof line of the one -story city owned building know as 380 North Oak Street and extending to the zenith for the sum of One Dollar ($ 1.00). That the Corporation Counsel be, and he hereby is authorized to prepare the necessary agreement and that the Mayor be authorized to execute the same. Passed. AYES -13. NOES -0. RESOLUTIONS NO. 148 BY: MR. COPPOLA REQUEST BETTER MAINTENANCE AND DREDGING FOR SCAJAQUADA CREEK AND HOYT LAKE Whereas: Scajaquada Creek is arguably Buffalo's most degraded natural feature; and Whereas: Once a clean and pure stream that flowed quietly from the countryside through the City of Buffalo into the Black Rock Canal, today the Scajaquada is forced underground near Villa Maria College, mixes with the Buffalo Sewer system, and doesn't come back up for air until Forest Lawn Cemetery; and Whereas: At Forest Lawn, the Scajaquada Creek is so polluted that it is again run underground West of Delaware Avenue, and kept separate from Hoyt Lake by a pipe that runs next to the Lake and opens again West of the Scajaquada Expressway; and Whereas: In 1984, a "Make -Up Water Operational Plan" was developed by Hayden - Wegman Consulting Engineers that was designed to maintain: 1 . Full elevation for the Lake; 2. "A modest sport fishery in the Lake, based essentially on a Largemouth Bass -Blue Gill fishery "; 3. An aesthetically pleasing Lake 4. Water quality and quantity compatible with objectives 1,2 and 3; and Whereas: The Olmsted- designed Hoyt Lake holds enough natural beauty to attract walkers, joggers, and even the annual International Solar Boat Competition; and Whereas: To date, however, odor problems persist, the trash rack near the Lake where the Creek is taken underground is an eyesore and an embarrassment, and the sport fishery has never developed; and Whereas: The trash rack is a necessary safety measure, because if a child were to fall into the Scajaquada Creek during a rainstorm, the swift moving Creek would carry the child into the underground pipe and essentially make a rescue nearly impossible; and Whereas: However the trash rack is currently emptied only about once a month, when needed to prevent overflow into the Lake, and this leaves it an eyesore most of the time, embarrassing Buffalonlans who take friends for a stroll or run around the Lake; and Whereas: The Creek and Lake have not been dredged in many years, putting the Lake in danger from overflow of contaminated Creek water, and leaving contaminated sediments in both the Creek and the Lake; Now, Therefore, Be It Resolved That: This Common Council requests all interested parties, including the Department of Public Works, the US Army Corps of Engineers, the County of Eric, the Town of Cheektowaga, the Buffalo Olmsted Park Conservancy, the WNY Congressional and State Legislative delegations, Great Lakes United, interested citizens, and the NYS Department of Environmental Conservation, to attend a Legislation Committee Special meeting within the next 30 days, at date to be set by the Committee, to discuss ways to fund dredging efforts, as well as ways to improve the water quality of both the Lake and the Creek, and eliminate the eyesore of trash piling up at the trash rack. ADOPT FINAL RESOLVE, THE REMAINDER To THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 149 BY% MR MARC COPPOLA SALARY ORDINANCE AMENDMENT 06 - DEPARTMENT OF ASSESSMENT 1047 -ASSESSMENT 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 06 - Department of Assessment, 1047 - Assessment is hereby amended to read: Consultant 11 (Hourly) IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, BRUNA MICHAUX, ACTING COMMISSIONER OF ASSESSMENT, and JAMES B. MILROY, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. 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. APPROVED AS TO FORM Corporation Counsel 09/10/02 Attachment PASSED AYES -13 NOES -0 NO. 150 BY: MR. FISHER MINIMIZE BUFFALO'S ROLE IN THE DESTRUCTION OF RAINFORESTS Whereas: The cutting and burning of rainforests contributes 25% of the world's global warming gasses, which scientists expect to destabilize the global climate and cause major environmental, economic and social disruptions in the 21" century; and Whereas: In addition, more than 50% of the world's plant and animal species inhabit the 7% of the world that is covered in rainforest; and Whereas: Scientists such as E.O. Wilson and others believe we have entered the latest of only six great "Mass Extinctions" since life evolved on Earth, and this is the only one known to be primarily caused by human beings; and Whereas: The estimated rate of extinction of species of plants and animals in rainforest ecosystems resulting from human interference is 50,000 every year, an average of about 140 per day; and Whereas: Biologists Paul and Anne Ehrlich have likened the loss of individual species, from bacteria to mammals, to the continued loss of rivets that hold an airplane together; while the short -term effects may not be noticeable, the long -ten -n effects could be disastrous; and. Whereas: Some 25% of all pharmaceuticals used by Americans originated in a tropical rainforest; and Whereas: The wood products made from trees found only in tropical forests, such as mahogany, teak, ipe, greenheart, ekki, jatoba, lauan and others, are heavily used in the United States and have become popular for furniture, flooring, benches and waterfront construction; and Whereas: There are simple preventive measures that municipalities can use to minimize their impact on rainforest destruction, including using environmentally certified woods, and substituting recycled plastic lumber; and Whereas: As Buffalo embarks on the rebuilding of our waterfront, we have a rare opportunity to avoid the use of large quantities of rainforest wood, thus protecting the rainforest environment; Now, Therefore, Be It Resolved That: This Common Council requests the Corporation Counsel to draft an ordinance to minimize the impact of the City of Buffalo in the destruction of rainforests; and Be It Further Resolved That: Two models could be useful in drafting this ordinance, Rainforest Reliefs Model Ordinance, and Governor Pataki's executive order # 111 requiring the use of Leadership in Energy & Environmental Design (LEED) standards in state construction projects; LEED requires the use of wood harvested within 500 miles of all projects, where possible; and Be it Further Resolved That: This Council requests the Office of Strategic Planning to develop and present to the Council, policies to be included in the Local Waterfront Revitalization Program that minimize the impact of the City of Buffalo in the destruction of rainforests. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT., THE DIRECTOR OF STRATEGIC PLANNING AND THE CORPORATION COUNSEL NO. 151 BY: MR. FRANCZYK REPORTED ASTHMA PROBLEM AT PERRY PROJECTS WHEREAS: Some information suggests that there may be abnormally high cases of asihma or respiratory problems, particularly among young people, at the Commodore Perry Projects in Buffalo; and, WHEREAS: A sixteen year -old -boy on Alabama Street recently died of asthma and another youth at this vicinity recently passed away of the same malady; and, WHEREAS: Staff at Erie County's Maternity and Want Care unit at the Perry Projects in the mid and late 1990's reported a very high incidence of asthma in young people; and, WHEREAS: It appears as if environmental factors play a significant role in the prevalence of asthma, which could be linked to the considerable construction work going on at the site or other factors; NOW THEREFORE BE IT RESOLVED: That at the Common Council request the Buffalo Municipal Housing Authority, Erie County Health Department and New York State Department of Health investigate, report on or comment on whether or not cases of asthma or other respiratory ailments are prevalent at the Commodore Perry Projects and what measures can be initiated to mitigate this health problem, including testing and treatment of residents and abatement of conditions which may create asthma. ADOPT FINAL RESOLVE, THE REMAINDER TO THE COMMITTEE ON LEGISLATION NO. 152 BY: MRS. GRANT TRANSFER OF FUNDS GENERAL CITY CHARGES - NYSPFRS BUILDINGS & UTILITIES That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $90,000 be and the same is hereby transferred from General City Charges - NYSPFRS and said sum is hereby reappropriated as set forth below: From: General City Charges 17303002 - 423002 NYSPFRS $90,000 To: Utilities 17213003 - 441001 Gas $7,196 1 721 3003 - 441 003 Electric $3,596 Operation & Maintenance of Public Buildings 13296006- 480000 Services $62,016 13296003- 441004 Telephone $ 1,112 1:3296005- 461105 Janitorial Supplies $ 2,200 13296005- 467000 Miscellaneous Supplies $ 3,000 13296005- 465001 Auto Supplies $ 300 13296005- 465002 Tires & Tubes $ 300 1,3296005- 466000 Building Supplies $ 420 13296006- 443400 Equipment Maintenance Contracts $ 300 13296007- 474100 Capital Outlay $ 9,560 Total $90,000 NO. 153 BY: MRS. LOTEMPIO APPT. SENIOR LEGISLATIVE ASSISTANT TO THE MAJORITY LEADER This is to advise you that I am appointing Kathryn M. Gould, 15 Red Jacket Parkway, Buffalo, New York to the position of Senior Legislative Assistant to the Majority Leader, effective September 3, 2002. ADOPTED NO. 154 BY: MR. PITTS ADELPHIA BANKRUPTCY- CREATION OF LOCAL GOVERNMENTS COMMITTEE WHEREAS, Adelphia Communications, hereinafter referred to as Adelphia, is a City of Buffalo cable television franchisee; and WHEREAS, in recent months, Adelphia has undergone well - publicized financial difficulties, including the disclosure of approximately $3.1 billion in previously undisclosed off - balance sheet obligations, the commencement of a Securities and Exchange Commission and two federal grand jury investigations, allegations of widespread corporate fraud, substantial defaults on bondholder debts, numerous shareholder lawsuits against Adelphia, and the arrest of five former Adelphia corporate executives; and WHEREAS, on June 25, 2002, Adelphia, and more than two hundred (200) of its subsidiaries, filed for bankruptcy protection; and 'WHEREAS, recent press reports and other information indicate that Adelphia attempted to sell many of its franchises to third - parties within the two weeks prior to the bankruptcy filing, but those negotiations failed; and WHEREAS, recent press reports and other information indicate that Adelphia has ,obtained $1.5 billion in debtor -in- possession financing to sustain its operations while the bankruptcy is proceeding; and WHEREAS, in the context of a bankruptcy, Adelphia will be required to assume, assign, or reject the current franchise agreement with the City of Buffalo, and during that process, the City of Buffalo should play an active and important role so as to ensure that all franchise obligations are satisfied and local cable television subscribers receive the highest quality, uninterrupted, cable television service; and WHEREAS, complicated legal and practical issues will arise during the course of the bankruptcy, which will require: (i) extensive analysis of local government's rights and obligations; (ii) preparation of financial documents and correspondence explaining the practical ramifications of the various proposals, including debt and equity restructurings that may arise; and (iii) a careful attention to the protection of the public health, safety, and welfare, the quality and range of cable television services, and the financial and performance based rights of local government; and WHEREAS, by forming a coalition, local government can present a united front in the anticipated bankruptcy case, which will likely allow local government to assert more influence over the ultimate conditions under which Adelphia or some other cable operator will provide services to cable subscribers on a going- forward basis; and WHEREAS, bankruptcy law provides, in some circumstances, for the formation of 64 committees" of parties sharing like interests in a bankruptcy proceeding; and WHEREAS, press reports and other information indicate that Adelphia's management, as well as Adelphia's major creditors, are currently mapping out their respective bankruptcy strategies and committee formations, which may not align with the fundamental objectives of local government with respect to cable television franchises; and WHEREAS, if an official committee of local government entities were appointed by the United States Trustee, the professional fees incurred by the committee would be paid by the bankruptcy estate; and WHEREAS, on July 12, 2002, the Executive Director of the National Association of Telecommunications Officers and Advisors (hereinafter referred to as NATOA) and the President of the States of California and Nevada Chapter of NATOA (hereinafter referred to as SCAN NATOA) sent a letter to Adelphia's General Counsel soliciting Adelphia's support before the United States Trustee to appoint a local government committee; and WHEREAS, Adelphia management has indicated that it would remain neutral (neither support nor oppose) on the formation of a local government committee; NOW, THEREFORE, BE IT HEREBY RESOLVED: That this Common Council hereby expresses support for the appointment of an official committee of local government entities served by Adelphia; and BE IT FURTHER RESOLVED: The City of Buffalo Common Council supports the participation of the City of Buffalo in the event such an official committee of local government entities is appointed by the United States Trustee; and BE IT FINALLY RESOLVED: That certified copies of this resolution be sent to: Elizabeth Beaty NATOA 1595 Spring Hill Rd., Suite 330 Vienna, VA 22182 Joseph Hreha City of Simi Valley 2929 Tapo Canyon Rd. Simi Valley, CA 93063 ADOPTED NO. 155 BY MR. THOMPSON FELICITATIONS /IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Pamela Asarese By Councilmember Pitts, Michaux Felicitation for Charles Leone Fly Councilmember Pitts, Michaux Felicitation for John Zebracki III By Councilmember Pitts, Michaux Felicitation for BFNC Honorees By Councilmember Pitts, Michaux ADOPTED. UNFINISHED BUSINESS NO. 156 LL INTRO #10- (2002)- COUNCIL DISTRICTS ( #133 - 9/3/02) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Fontana CARRIED Mrs. LoTempio now moved of the above item. Seconded by Mr. Fontana PASSED AYES — BONIFACIO, COPPOLA, FONTANA, FRANCZYK, GOLOMBEK, LOTEMPIO, MARTINO - 7 NOES — DAVIS, FISHER, GRANT, GRAY, PITTS, THOMPSON -6 NO. 157 LL INTRO #1 1- (2002) -REAL PROP. TAX EXEMPTION -CONV. OF MIXED -USE PROP. ( #134 - 9/3/02) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Fontana CARRIED Mrs. LoTempio now moved that the above item. Be referred to the Committee on Finance Seconded by Mr. Fontana REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSEMENTS,THE CORPORATION COUNCIL AND THE COMMISSIONER OF ADMINSTRATION AND FINANCE No. 158 LL Intro 9 1 2- (2002)- Amending Charter -Cit. Rights & Comm. Relations ( #144 - 9/3/02) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Ms. Gray CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Mrs. Martino PASSED AYES -13 NOES -0 NO. 159 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 1 h floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, Sept. 24, 2002 at 9:30 o'clock A.M. Committee on Finance Tuesday, Sept. 24, 2002 at 10:00 o'clock A.M. following Civil Service Committee on Legislation Tuesday, Sept. 24, 2002 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, Sept. 25, 2002 at 10:00 o'clock A.M. Committee on Education Wednesday, Sept. 25, 2002 at 2:00 o'clock P.M. Special Committees Leg. Committee Special Meeting Thursday, Sept. 19, 2002 at 9:30 o'clock A.M. in Room 1417 City Hall on the Handicapped Parking Update. Police Reorganization Thursday, Sept. 26, 2002 at 10:00 o'clock A.M. in Room 1417 City Hall. Leg. Committee Special Meeting Thursday, Sept. 26, 2002 at 11:00 o'clock A.M. in Room 1417 City Hall on Prohibiting Co- Mingling of Legal Age /Underage Patrons in Drinking Est. CCP4168- 6/25/02. (Public Disclaimer Nl 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 b meetings set up whereby the Cijy 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. 160 Adjournment On a motion by Mrs. LoTempio, Seconded by Mr. Fisher the Council adjourned at 6:10 pm BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #8 OFFICE OF THE MAYOR -201 CITY HALL SEPTEMBER 19, 2002 Present; Anthony M. Masiello, Mayor; Frank Belllotti, Deputy Comptroller, Michael Risman, Corporation Counsel -3 Absent: James W. Pitts, Council President -1 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 August 2002 and September 2002 amounting to $11,685.24 and $11,685.24, respectfully and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -3. Noes -0. NO. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of August 2002 and September 2002 amounting to $14,557.74 and $14,045.00, respectfully and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -3. Noes -0. NO. 3 The following annuitant was cancelled from the Police Pension Fund Payroll: Kay Stevenson Died 8/17/02 Received and Filed. NO. 4 On motion by Mr. Belliotti, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a. m.