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HomeMy WebLinkAbout02-0514No. 10 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO May 14, 2002 MAYOR Hon. Anthony M. Masiello COMPTROLLER Anthony Nanula COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE Richard A. Fontana MAJORITY LEADER Rosemarie Lo Tempio COUNCILMEMBERS -AT -LARGE Beverly Gray Charlie A. Fisher III Rosemarie LoTempio DISTRICT COUNCIL MEMBERS MARC A. COPPOLA - DELAWARE BRIAN C. DAVIS - ELLICOTT DAVID A. FRANCZYK - FILLMORE RICHARD A. FONTANA - LOVEJOY ANTOINE M. THOMPSON - MASTEN DOMINIC BONIFACIO - NIAGARA JOSEPH GOLOMBEK JR. - NORTH MARY M. MARTINO - SOUTH BETTY JEAN GRANT - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Marc Coppola, Chairman, Charley H. Fisher III, Joseph Golombek Jr., Mary Martino, Antoine Thompson- Members CLAIMS COMMITTEE: Mary M. Martino, Chairman, Marc A. Coppola, Brian C. Davis, Richard Fontana, Betty Jean Grant - Members COMMUNITY DEVELOPMENT COMMITTEE: Antoine Thompson, Interim Chairman, Dominic J. Bonifacio Jr. Brian C. Davis, Joseph Golombek Jr., Beverly Gray, Rosemarie LoTempio- Members FINANCE COMMITTEE: Betty Jean Grant, Chairman, Marc Coppola, Brian C. Davis, Charley H. Fisher III, David A. Franczyk, Mary Martino - Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, Joseph Golombek Jr., Betty Jean Grant, Rosemarie LoTempio, Members RULES COMMITTEE: James W. Pitts, Chairman Charley H. Fisher III, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Charley H. Fisher III, Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, David A. Franczyk, Beverly Gray, Antoine Thompson; Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty Jean Grant, Joseph Golombek Jr.; Members BUDGET COMMITTEE: Rosemarie LoTempio, Chairman, Richard Fontana, Mary M. Martino, James W. Pitts ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr., Charley H. Fisher III, Joseph Golombek Jr. POLICE REORGANIZATION COMMITTEE: Dominic J. Bonifacio Jr., Chairman, Brian C. Davis, Richard Fontana, David A. Franczyk, Mary Martino, Charley Fisher III. CORPORATION COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, MAY 14, 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 April 30, 2002 were approved. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 1 MONTHLY REPORT FROM THE DIVISION OF CITIZEN SERVICES (MAYOR'S COMPLAINT HOT LINE) APRIL, 2002 Dear Members of Buffalo's Common Council: Attached is the April, 2002, activity report from the Division of Citizen Services. Calls are up in nearly all reporting categories, which is consistent with last year's trend of increased number of calls during the Spring and Summer months. The following are observations of last year's trends to this year's calls: Housing Violations: At about the same number of calls, with one notable exception - the Niagara District with 155 complaints. This is an extremely high number which can be viewed as both positive and negative. Obviously, the residents are concerned about blighting housing conditions., which should be a priority for the Dept. of Permit and Inspection services. Police: Calls are highest in the Ellicott, Fillmore, and Niagara districts. On going effort through the division's Save our Streets program are actively addressing tenant complaints in the Niagara and Ellicott districts. In Fillmore, a multi - Jurisdicational law enforcement investigation is on going to arrest drug dealers. Legal claims: Steady with people still awaiting a response from the city regarding their snow clean -up damage claims. Forestry: Steady, with consistent requests for tree trimming services. Refrigerates: Has increased with the start of bulk trash pick -ups. The division will work wit streets and sanitation to cut down the time that it presently takes for refrigerators to be picked up. Garbage: Although complaints are up by about 1/3r, compared to last month; they are still about 450/c, less than the complaints received in April of 2200 Tote request: Are increasing, with the majority of the request for 95 gallon containers. Rodents: Continues to remain extremely low with the Niagara district recording the most complaints, at 6 presently, the County Health Department is doing a rodent blitz in Niagara with over 400 houses targeted for clean -up and baiting activities. Broken & Stolen Totes: Both up, seems to be an adjustment period as users learn or are fine for "over loading" totes or stealing totes to prevent fines. Streets and Sanitation is actively investigating both types of complaints. User Fees: Calls are down from last year. MIS informs us that user fee payments are at a rate over 86 %, -which is higher than the water bill payment rate. Recycle: _ Complaints up, since this is the lowest priority during bulk pick -up periods recyclables are often picked up later than the normal pick up time. Abandoned cars: Dropped, probably due to warmer weather. Adjudication: Up, normal increase with warmer weather. Misc: Somewhat constant, highest number of requests under this designations are for information about public hearings and street and sidewalk repairs areas that are already determined. I hope that this information is useful and that it reaffirms the division's efforts t maintain and improve city services. ATTACHMEENTS REFERRED TO THE SPECIAL COMMITTEE ON STREETS SERVICES FROM THE BUFFALO PRESERVATION BOARD NO. 2 "C. CHEN, OWN., USE 217 NORTH STREET CHG. USE TO REST. (HRG. 4/23)" PROCEEDINGS ( #90 C.C.P. APR. 16, 2002) Please be advised that the property located at 217 North Street is located within the locally designated Allentown Historic District and the Allentown National Register Historic District. Any construction or demolition, including signage that affects the exterior of the building or any portion of the property must be reviewed by the Preservation Board prior to the issuance of any construction permits or the start of the actual work. If you have any questions, please contact Thomas W. Marchese, Executive Secretary at 851 -5029. RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO. 3 M. & A. OLAWAIVE 3211 BAILEY AVE. HUMAN SERVICE FACILITY HALFWAY HOUSE ITEM NO. 100, C.C.P. 4/30/2002 The City Planning Board at its regular meeting held Tuesday, May 7, 2002, considered the matter captioned above pursuant to Section 511 -94 and 511 -136 of the Buffalo Code, Halfway house and Use permit required for human service facilities, respectively. The applicant seeks to convert a store and apartment into a church with an associated human service facility. 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 concentration of similar uses within ' -- mile radius of the site and approve the use. RECEIVED AND FILED NO. 4 KREU- SCHELL, L.L.C. 46 -49 W. CHIPPEWA ST. SIDEWALK CAFE & RAILING ENCROACHMENT ITEM NO. 62, C.C.P. 4/30/2002 The City Planning Board at its regular meeting held Tuesday, May 7, 2002, considered the matter captioned above pursuant to Section 413 -59 and 413 -67 of the Buffalo Code, Sidewalk Caf61 and Encroachment regulations, respectively. The applicant seeks to place a 201x51 sidewalk caf6 a 3611 railing that will encroach the right -of -way at 45 -49 W. Chippewa Street. The Planning Board voted to approve the proposed railing and sidewalk cafe with the following conditions: 1. No outside music is allowed 2. No outside trash receptacles are allowed 3.Closing of the patio at 12:00 A.M on weekdays and 1:00 A.M. on weekends 4.4' of unobstructed vertical sidewalk clearance remain after the installation of the railing RECEIVED AND FILED NO. 6 CALUMET PROPERTIES 66 W. CHIPPEWA SIDEWALK CAFES ITEM NO. 63, C.C.P. 4/30/2002 The City Planning Board at its regular meeting held Tuesday, May 7, 2002, considered the matter captioned above pursuant to Section 413 -59 of the Buffalo Code, Sidewalk Caf61. The applicant seeks place two additional sidewalk cafes in front of the property located at 56 W. Chippewa Street. One sidewalk would measure 141x61 and the other would measure 101x61 and each will encroach the right -of -way. Under SEQR the proposed encroachment is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed sidewalk caf6s with the following conditions: 1. No outside music is allowed 2. No outside trash receptacles are allowed 3.Closing of the patio at 12 A.M on week nights and 1 A.M. on weekends 4.4' of unobstructed vertical sidewalk clearance remain REFERRED TO THE COMMITTEE ON LEGISLATION NO. 6 B. PALIDINO 262 DELAWARE AVE. SIDEWALK CAFE ITEM NO. 40, C.C.P. 4/30/2002 The City Planning Board at its regular meeting held Tuesday, May 7, 2002, considered the matter captioned above pursuant to Section 413 -59 of the Buffalo Code, Sidewalk cafes. The applicant seeks to expand an existing 301x91 sidewalk cafe in front of the business located at 252 Delaware Avenue with a 301x91 additional sidewalk caf6 in front of an adjoining store front. The total amount of sidewalk caf6 space, after the addition, will now measure 601x91. Under SEQR the proposed sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the sidewalk cafe addition with the following conditions: 1. No outside music is allowed 2. Closing at 11 p.m. during the week and 1 a.m. on weekends 3. No outside trash receptacles REFERRED TO THE COMMITTEE ON LEGISLATION NO. 7 JOHN DIBERNARDO 520 ELMWOOD AVENUE. SIDEWALK CAFE EXPANSION ITEM NO. 41, C.C.P. 4/30/2002 The City Planning Board at its regular meeting held Tuesday, May 7, 2002, considered the matter captioned above pursuant to Section 413 -59 of the Buffalo Code, Sidewalk cafes. The applicant seeks to expand an existing sidewalk caf6 encroachment with a 161x6' addition that will wrap around the curved entrance onto Elmwood Avenue at the corner of W. Utica Street. Under SEQR the proposed sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the sidewalk cafe addition with the following conditions: 1. No outside music is allowed 2. Closing at 11 p.m. 3. No outside trash receptacles RECEIVED AND FILED NO. 8 FRANKLIN ST. PARTNERS 488 FRANKLIN ST. AKA 62 ALLEN ST. SIDEWALK CAFE ITEM NO. 101, C.C.P. 4/30/2002 The City Planning Board at its regular meeting held Tuesday, May 7, 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 an existing 261x51 sidewalk cafe on the Allen Street side of the business located at 488 Franklin Street. This business in now under new ownership. Under SEQR the proposed sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the existing sidewalk caf6 with the following conditions: 1. No outside music. 2.Closing no later than 11:00 P.M. 3. No outside trash receptacles. 4. Preservation Board approval RECEIVED AND FILED NO. 9 FRANKLIN ST. ASSOCIATES 503 FRANKLIN ST. SIDEWALK CAFE ITEM NO. 47, C.C.P. 4/30/2002 The City Planning Board at its regular meeting held Tuesday, May 7, 2002, considered the matter captioned above pursuant to Section 413 -59 of the Buffalo Code, Sidewalk cafes. The applicant seeks to encroach the right -of -way with a 201 x10' sidewalk cafe in front of the business located at 503 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 recommend approval of the sidewalk caf6 with the following conditions: 1. No outside music is allowed 2. Closing at 11 p.m. during the week and 1 a.m. on weekends 3. No outside trash receptacles RECEIVED AND FILED NO. 10 S.SEMERARO 1292 HERTEL AVE. SIDEWALK CAFE ITEM NO. 28, C.C.P. 4/16/2002 The City Planning Board at its regular meeting held Tuesday, May 7, 2002, considered the matter captioned above pursuant to Section 413 -59 and 511 -59 of the Buffalo Code, Sidewalk cafes and Hertel Avenue District, respectively. The applicant seeks expand an existing 201 x81 sidewalk caf6 at 1292 Hertel Ave. with an 81x81 additional sidewalk caf6 in front an adjoining storefront. The total amount of sidewalk caf6 space will now measure 28'x 81. Under SEQR the proposed sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the sidewalk addition with the following conditions: 1. No outside music is allowed 2. Closing at 11 p.m. 3. The operator of the restaurant is responsible for clean -up of any garbage that is generated as a result of the sidewalk cafe usage. RECEIVED AND FILED NO. 11 J. DEBERGALIS 1274 LOVEJOY AVE. SIDEWALK CAFE AND AWNING ITEM NO. 50, C.C.P. 4/30/2002 The City Planning Board at its regular meeting held Tuesday, May 7, 2002, considered the matter captioned above pursuant to Section 413 -56 and 413 -59 of the Buffalo Code, Canopies and Awnings, Sidewalk cafes, respectively. The applicant seeks to encroach the right -of -way with a 221x6f sidewalk cafe and awning on the Schiller Street side of the business located at 1274 Lovejoy Avenue. Under SEQR the proposed sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the sidewalk caf6 and awning with the following conditions: 1. No outside music is allowed 2. Closing at 11 p.m. 3. No outside trash receptacles RECEIVED AND FILED NO. 12 J. CIPOLLA 658 MAIN ST. SIDEWALK CAFE ITEM NO. 46, C.C.P. 4/30/2002 The City Planning Board at its regular meeting held Tuesday, May 7, 2002, considered the matter captioned above pursuant to Section 413 -59 of the Buffalo Code, Sidewalk cafes. The applicant seeks to re -apply to encroach the right -of -way with a 101x101 sidewalk cafe at 658 Main Street. Under SEQR the proposed sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. The applicant explained that it was late in the sidewalk caf6 season last year when he previously applied and therefore did not pursue the previous application. The Planning Board voted to recommend approval of the sidewalk caf6 addition with the following conditions: 1. No outside music is allowed 2. Closing at 12 p.m. during the week and 1 a.m. on weekends 3. No outside trash receptacles REFERRED TO THE COMMITTEE ON LEGISLATION NO. 13 B GIORDINO 3112 MAIN ST. SIDEWALK CAFE ITEM NO. 99, C.C.P. 4/30/2002 The City Planning Board at its regular meeting held Tuesday, May 7, 2002, considered the matter captioned above pursuant to Section 511 -79.5 of the Buffalo Code, Transit Station restricted uses. The applicant seeks to place a second patio which will measure 31'x12.51 on private property along the side of an existing restaurant at 3112 Main St. The Planning Board voted to approve the proposed sidewalk caf6 with the following conditions: 1. No outside music is allowed 2. There is not to be any outside trash recepticles 3. Closing time will be 11:00 p.m. daily RECEIVED AND FILED NO. 14 JOHN MURPHY 995 NIAGARA ST. C: SIDEWALK CAFE ITEM NO. 51, C.C.P. 4/30/2002 The City Planning Board at its regular meeting held Tuesday, May 7, 2002, considered the matter captioned above pursuant to Section 413 -59 of the Buffalo Code, Sidewalk Caf61. The applicant seeks to place a 321x101 sidewalk caf6 that will encroach the right -of -way at 995 Niagara Street. Under SEQR the proposed encroachment is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed sidewalk cafe with the following conditions: 1. No outside music is allowed 2. No outside trash receptacles are allowed 3. Closing of the patio at 11 P.M 4.5' of unobstructed vertical sidewalk clearance remain RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 15 APPRAISAL OF PROPERTIES 844, 846, 854, 858, 864, 879, AND 888 MAIN ST ITEM # 34, CCP 3/19/02 The above item was submitted to the Common Council for approval. The item is the sale of properties acquired by the City of Buffalo over the past five years in the 800 block of Main Street. The Council has requested an appraisal of the properties to determine the existing value of the properties. The Buffalo Urban Renewal Agency commissioned GAR Appraisal Service to estimate the fair market value of the buildings. The appraiser has determined the highest and best use of the property to be vacant land. He has estimated the value of the property to be Three Hundred Seventy Thousand Dollars ($370,000) as follows: Land Value - 34,554 sq. ft. @ $13 per sq. ft. $450,000 (ro) Less demolition - 41,505 sq. ft. @ $2 per sq. ft. $ 83,000 (ro) Total estimate of land as vacant $370,000 (ro) As indicated in our earlier communication, BURA will land bank the buildings and market them in conjunction with the Medical Corridor. Every effort will be made to preserve and restore the buildings, since they are in the Allentown Historic Preservation District. BURA has already entered into a designation agreement with a developer to purchase and redevelop 854, 858, and 864 Main Street. Based upon the above information we are now recommending that the Common Council approve the sale of the above listed properties to the Buffalo Urban renewal Agency in the amount of Three Hundred Seventy Thousand Dollars ($370,000). We further recommend that the Corporation Counsel prepare the necessary documents for the transfer of Title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 16 PERMISSION TO FILE GRANT APPLICATION FOR FUNDS FROM THE NYS OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION The City of Buffalo is intending to submit the projects summarized below for funding under the New York State Office of Parks, Recreation and Historic Preservation Clean Water /Clean Air Bond Act and Environmental Protection Fund program. I am requesting that your Honorable Body authorize Mayor Masiello to sign any and all documents involved with the application and /or acceptance of these grants from the NYS Office of Parks, Recreation and Historic Preservation in accordance with provisions of Title 3 of the Clean Water /Clean Air Bond Act of 1996. Each project will be for an amount not to exceed $500,000. Upon approval of said request, the City will submit the project applications to the State for competitive review. If the projects are selected, the City will then enter into and exercise a project agreement with the state for such financial assistance for these projects. These reimbursable grants require the City of Buffalo to match State funds awarded at a ratio of one -to -one or higher. If -you have any questions regarding these projects, please contact Bonnie Kane Lockwood (851 -5468) or Dennis Maloney (851- 5013). Project Summaries: Martin Luther King, Jr. Park Rehabilitation The eastern half of this Olmsted- designed park has been long neglected. This project proposes to rehabilitate pathways, recreational facilities, and picnic shelters and play area in the vicinity of the historic green house building. Rehabilitation of these facilities is called for in the Master Plan for MLK, Jr. Park which is nearing completion and will give area residents much needed and well maintained greenspace. Stachowski Park Athletic Fields Stachowski Park recently received a first phase of improvements to include both active and passive recreational opportunities for various age groups. The next phase of the park master plan is to convert three undersized softball diamonds and one substandard baseball diamond into two (2) quality softball diamonds and one first class lighted totally enclosed baseball diamond. The entire complex will include player and spectator seating and new circulation paths connecting to the existing park pathway system. The completion of this project will return Stachowski Park to its prominence as the premiere baseball and softball complex in the City of Buffalo. Mrs. LoTempio moved That the above communication from the Department of Strategic Planning dated May 9, 2002, be received and filed; and That the Mayor be, and he hereby is authorized to enter into all necessary agreements involved with the application and /or acceptance of Martin Luther King, Jr. Park Rehabilitation and Stachowski Park Athletic Fields grants with the New York State Office of Parks, Recreation and Historic Preservation in accordance with provisions of Title 3 of the Clean Water /Clean Air Bond Act. These reimbursable grants require the City of Buffalo to match State funds awarded at a ratio of one -to -one or higher. PASSED AYES -13 NOES -0 NO. 17 RESULT OF NEGOTIATIONS 24 CLARE, 56.24' N JAMES LOT SIZE: 30'X 100' ASSESSED VALUATION: $1,400 The Office of Strategic Planning, Division of Real Estate has received a request to purchase the above property from Mr. Edward A. Wegrzyn, Jr., 186 James Street, Buffalo, New York 14210. Mr. Wegrzyn owns a small garage at 20 Clare Street. He intends to extend the property line to include both parcels and erect a concrete pad for parking. The Division of Inspections and the Division of Collections have no objections to the sale. There are no property code violations, taxes or other liens owed to the city of Buffalo by the purchaser. An independent appraisal of the property was conducted by Pamela Breidenstein, appraiser, 798 Center Road, West Seneca, New York 14224. She has estimated the value of the property to be Five Hundred Fifty Dollars ($55C.00), Eighteen Cents (.18) per square foot. The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Mr. Edward Wegrzyn has agreed and is prepared to pay Five Hundred Fifty Dollars ($550.00). He has 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 24 Clare Street to Mr. Edward Wegrzyn in the amount of Five Hundred Fifty Dollars ($550 -00). 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. REFERRED TO THE COMMITTEE ON FINANCE NO. 18 RESULTS OF NEGOTIATIONS 234 NORMAL, 288.50, SE VERMONT VACANT LOT: 27'X 149' ASSESSED VALUATION: $3,400 The Office of Strategic Planning, Division of Real Estate has received requests to purchase the above captioned property from Mr. Richard A. Seymour, 236 Normal Avenue, Buffalo, New York 14213 and Mr. Vernon W. Floyd and Mrs. Michele M. Floyd, 232 Normal Avenue, Buffalo, New York 14213. They would like to purchase the respective portions that adjoin the property they own. Mr. Seymour owns a two family dwelling at 236 Normal Avenue and would like to purchase the northwesterly half and Mr. and Mrs. Floyd own a two family dwelling at 232 Normal Avenue and would like to purchase the southwesterly half of 234 Normal Avenue. They intend to use the property for extra yard space. The Division of Inspections and the Division of Collections have no objections to the sale. There are no property code violations, taxes or other liens owed to the City of Buffalo by the purchasers. An independent appraisal of the property was conducted by Walter Kushman of Kushman Appraisal Services, P.O. Box 828, Buffalo, New York 14231. He has estimated the value of the parcel to be Two Hundred Fifty Dollars ($250.00). The Division of Real Estate has investigated the sales of similar properties in the area. Sales prices range from Fourteen Cents (.14) to Fifty -Four Cents (.54— per square foot. The results of our negotiations are that Mr. Seymour has agreed to pay Six Hundred Dollars ($600) for the northwesterly half and Mr. and Mrs. Floyd have agreed to pay Six Hundred Dollars ($600) for the southwesterly half of 234 Normal Avenue, Thirty Cents (.30) per square foot. Both parties have agreed to pay for the cost of the transfer tax, recording fees and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of the respective portions of 234 Normal Avenue to Mr. Seymour and Mr. and Mrs. Floyd in the amount of One Thousand Two Hundred Dollars ($1,200). 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 May 8, 2002, be received and filed; and That the offer from Mr. Richard A. Seymour, residing at 236 Normal Avenue and Mr. Vernon W. Floyd and Mrs. Michele M. Floyd, residing at 232 Normal Avenue, in the sum of One Thousand and Two Hundred Dollars ($1,200.00) for the purchase of the respective portions of 234 Normal Avenue, 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. 19 RESULTS OF NEGOTIATIONS 15 WYOMING, 132.081 N FERRY VACANT LOT: 30'X 118' ASSESSED VALUATION: LAND: $ 2,700. IMPROVEMENT: 17,700. TOTAL: 20 The Office of Strategic Planning, Division of Real Estate has received a request to purchase 15 Wyoming Avenue from Ms. Bettye J. Lawson, 21 Wyoming Avenue, Buffalo, New York 14215. Ms. Lawson intends to bring the one family home into code compliance and use as a rental property. She has also provided a proof of financial ability to complete the cost of purchase and repairs for a total of Ten Thousand Dollars ($10,000). The Division of Inspections and the Division of Collections have no objections to the sale. There are no property code violations, taxes or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Mr. Thomas M. Wolf of Kirchmeyer & Associates, Inc., 2875 Union Road, Buffalo, New York 142277. He has estimated the value of the property to be One Thousand Five Hundred Dollars ($1,500). The Division of Real Estate has investigated the sales Of similar properties in the area. Sales prices for similar homes in the area range from Two Thousand One Hundred Dollars ($2,100) to Seven Thousand One Hundred Dollars ($7,100). The results of our negotiations are that Ms. Bettye Lawson has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500) for the home. Ms. Lawson has 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 15 Wyoming Avenue to Ms. Bettye J. Lawson, for One Thousand Five Hundred Dollars ($1,500). 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 offer from Ms. Bettye J. Lawson residing at 21 Wyoming Ave. in the sum of one thousand and five hundred dollars ($1,000) for the purchase of 15 Wyoming be and hereby is adopted 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. 20 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 630 GOODYEAR AVENUE CITY OWNED VACANT LOT SIZE 30'X 105' The Office of Strategic Planning has surveyed the city -owned vacant lot at 630 Goodyear, Buffalo, New York 14211, parcel is 30' x 105' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. The property has been listed for sale since June 21, 1999 and adjoining property owners have been contacted by the Division of Real Estate offering the property for sale. There have been no serious offers to purchase this vacant lot. Ms. Lorene Dean, owner of 638 Goodyear Avenue, indicated she will clean, improve and maintain the lot in the event she obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend the city -owned vacant lot to be designated as a Homestead Property and be transferred to Ms. Lorene Dean on the condition that the property is cleaned and improved within (6) months and maintained in a sanitary manner. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning dated May 9, 2002, be received and filed; and That the city -owned property commonly known as 630 Goodyear Avenue, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Ms. Lorene Dean, residing at 638 Goodyear Avenue, for the amount of One Dollar ($1.00) and no more, and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -13 NOES -0 NO. 21 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 256 GRAPE STREET (CITY OWNED VACANT LOT SIZE 3 F X 105') The Office of Strategic Planning has surveyed the city -owned vacant lot at 256 Grape Street, Buffalo New York 14204, parcel is 3 F x 105' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. The property has been listed for sale since November 15, 2000 and adjoining property owners have been contacted by the Division of Real Estate offering the property for sale. There have been no serious offers to purchase this vacant lot. Ms. Eloise Matthews, residing at 262 Grape Street, indicated she will clean, improve and maintain the lot in the event she obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend the city -owned vacant lot to be designated as a Homestead Property and b transferred to Ms. Eloise Matthews on the condition that the property is cleaned and improved within months and maintained in a sanitary manner. Mrs. LoTempio Moved: That the City owned property commonly known as 256 Grape St. is hereby designated as Homestead Property, and that the Mayor be and he hereby is authorized to execute a deed transferring said property to Ms. Eloise Matthews residing at 262 Grape St. for the amount of one dollar ($1.00) and no more, and all costs of transfer on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -.13 NOES - 0 NO. 22 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 71 GREY STREET (CITY OWNED VACANT LOT SIZE 26' X 19 F) The Office of Strategic Planning has surveyed the city -owned vacant lot at 71 Grey Street, Buffalo, New York 14212, parcel is 26' x 191' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. The property has been listed for sale since May 17, 19776 and adjoining property owners have been contacted by the Division of Real Estate offering the property for sale. There have been no serious offers to purchase this vacant lot. Ms. Gearther B. Owens and Mr. Alvin Felder, residing at 69 Grey Street, indicated they will clean, improve and maintain the lot in the event they obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteaders. We, therefore, recommend the city -owned vacant lot to be designated as a Homestead Property and be transferred to Ms. Gearther Owens and Mr. Alvin Felder on the condition that the property is cleaned and improved within (6) months and maintained in a sanitary manner. Mrs. LoTempio Moved: That the City owned property commonly known as 71 Grey St. is hereby designated as Homestead Property and that the Mayor be and he hereby is authorized to execute a deed transferring said property to Ms. Geather Owens and Mr. Alvin Felder residing at 69 Grey St. for the amount of one dollar ($1.00) -and no more, and all costs of transfer on the condition the property is cleared and improved within six months K6) and maintained in a sanitary manner. PASSED AYES - 13 NOES -0 No. 23 Transfer of Title, Urban Homestead Program 20 Guernsey Street (City Owned - Vacant Lot) Lot Size: 33' x 105' The Office of Strategic Planning has surveyed the city -owned vacant lot at 20 Guernsey Street, the parcel is 33' x 105' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. The property has been listed for sale since December 18, 1992 and adjoining property owners have been contacted by the Division of Real Estate offering the property for sale. There have been no serious offers to purchase this vacant lot. Ms. Melissa Smith, residing at 26 Guernsey Street and Mr. Richard L. O'Sullivan and Mrs. Patricia N O'Sullivan, residing at 18 Guernsey Street have indicated that they will split, clean, improve and maintain the lot in the event that they obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteaders. We, therefore, recommend that the city -owned vacant lot known as 20 Guernsey Street be designate as a Homestead Property. The northerly half would be transferred to Ms. Melissa Smith and the southerly ha would be transferred to Mr. and Mrs. O'Sullivan, with the conditions that the property is, cleared and improved within six (6) months and maintained in a sanitary manner. Mrs. LoTempio Moved: That the above communication from the Office of Strategic Planning dated May 8, 2002, be received and filed; and That the city -owned property commonly known as 20 Guernsey Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring the northern half of said property to Ms. Melissa Smith, residing at 26 Guernsey Street, and the southern half of 20 Guernsey Street to Mr. Richard L. O'Sullivan and Mrs. Patricia M. O'Sullivan, residing at 18 Guernsey Street for the amount of One Dollar ($1.00) and no more, and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. Passed. AYES -13- NOES -0 No. 24 Transfer of Title, Urban Homestead Program 205 Johnson Street City Owned Vacant Lot Size 30'x 132' The Office of Strategic Planning has surveyed the city -owned vacant lot at 205 Johnson Street, Buffalo, New York 14211, parcel is 30' x 132' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. The property has been listed for sale since November 15, 2000 and adjoining property owners have been contacted by the Division of Real Estate offering the property for sale. There have been no serious offers to purchase this vacant lot. Ms. Margaret Staples, residing at 209 Johnson Street, indicated she will clean, improve and maintain the lot in the event she obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend the city -owned vacant lot to be designated as a Homestead Property and be transferred to Ms. Margaret Staples on the condition that the property is cleaned and improved within (6) months and maintained in a sanitary manner. Mrs. LoTempio Moved: That the City owned property commonly known as 205 Johnson St. is hereby designated as Homestead Property and that, the Mayor be and hereby is authorized to execute a deed transferring said property to Ms. Margaret Staples residing as 209 Johnson St for the amount of one dollar ($1.00) and no more and all costs of transfer on the condition the property is cleared and improved with six (6) Months and maintained in sanitary manner. PASSED AYES -13 NOES -0 FROM THE COMPTROLLER NO. 25 CERTIFICATE OF DETERMINATION for issuance of $23,825,000 G.I. Bonds for issuance of $34,250,000 School Bonds for issuance of $21,3 10,000 Parking Bonds Please see the attached Certificate of Determination filed by the Comptroller for the aggregate $79,385,000 bond sale and providing for the private sale thereof REFERRED TO THE COMMITTEE ON FINANCE NO. 26 Comptroller Assessment of Accuracy of Revenue and Expenditures of Mayor's 2002 -2003 Budget Pursuant to the City Charter §20(16), 1 am required to submit to the Common Council an assessment of the accuracy of the revenue and expenditure estimates of the budget the mayor submits to the Council. Under that mandate, I make the following submission to Your Honorable Body concerning the mayor's proposal: It must be understood that my office had very little time to review the mayor's proposal by May 101 h as required by the Charter, but we have conducted a series of examinations of the revenue and expenditure items to attempt the measure their accuracy as proposed in the budget. We have concluded based on our examination that revenue estimates in all categories appear to be consistent with historical trends and new fees established. As long as city departments are diligent about billings and collections for all charges, taxes, fees, service charges and miscellaneous revenues, we should attain our revenue estimates as projected in the budget plan. I would like to insert a note of caution about the use of fund balance. Unreserved fund balance as of June 30, 2001 was $23.4 million. The current 2001 -02 budget uses $13.4 million, and the 2002 -03 budget is relying on $7.6 million of fund balance. This leaves a balance of $2.4 million to cover any additional shortage in the 2001 -02 fiscal year. In order to satisfy the Wall Street rating agencies, we must be developing a plan to establish a fund balance that is available to cover any unanticipated budget shortfalls and also help when we invariably encounter cash flow fluctuations. I would like to also note the comments from Moody's in its latest bond rating action when it stated there are a number of factors driving the final 2002 gap closure as well as the 2003 bud(yet that -are beyond the direct control of city management." Those factors include satisfactory police and fire union settlements, state aid timing changes, and changes in the state pension payments. The success of the budget may in fact depend on the arbitrator's handling of the police contract. The city is hoping for an agreement below the budgeted 3% and 2.5% for the fiscal years 2002 and 2003, respectively. A settlement of 0% and 2.5 %, respectively, would save the city $3 million in fiscal 2002 and reduce the (yap to $5.3 million, according to the analysis by Standard and Poor's Kenneth Gear. That allows for the use of part of the remaining fund balance to close the gap and end the year with a slim positive fund balance. However, if the arbitrator holds the city to the budgeted increase of 3% for police, it will produce a negative year -end general fund balance of $1.9 million that could ultimately weaken our credit standing. When it comes to personnel expenditures, the budget for 2002 -2003 is less than the 2001 -2002 actual expenditures. There will need to be firm controls on overtime and department personnel cuts must be maintained. Police and fire cuts may not materialize and their overtime cost is always difficult to control. Utility expenditures are projected to be lower than current year expenditures by approximately $1.7 million, giving some cause for concern. It appears there is no money budgeted for snow emergencies next year, and that could be a problem. I would like to take this opportunity to reaffirm my commitment to a number of the recommendations contained in the "Array of Opportunities" prepared by the Partnership as part of the reaction to the budget crisis that surfaced last November. My staff is committed to the contemporaneous accounting recommendation that would of course assist in helping us maintain even tighter monitoring of our financial activity. To that end we have increased communication between my office and the Budget Office to ensure everyone is sensitized to the need to understand both budget and cash flow issues. We are also working toward implementing other recommendations in the Partnership report, including ultimately the separation of City and School District cash management functions. As the report stated, with cash management functions combined as they are, it becomes difficult to clearly identify the prominent causes of any cash flow shortfall. Once again, I am supplying the Council with our best assessment of the mayor's budget proposal within the time allowed under Charter. Clearly, as stated, there are several factors beyond the city's control that could negatively impact this budget. If you have any questions concerning this assessment, please contact me immediately and I will be at your disposal REFERRED TO THE COMMITTEE OF THE WHOLE NO. 27 The Comptrollers' Response to the Proposed Sale of the Main Place Parking Ramp My office did review the notes and schedules provided by Mr. Tom Gallagher, a consultant for the Board of Parking, and Eric Lefebvre, Director of Leasing of the Main -Place Liberty Group. Several errors did come to light during our analysis and the most significant of these are highlighted below: The Main -Place Liberty Group states in their "Frequently Asked Questions " letter that "The City will be able to increase its bonding authority by 2.6 million because it will have paid off the debt on Main Place. " This is incorrect. Parking debt is covered by the revenues generated from the parking ramps. This parking debt does increase the City's Gross Indebtedness, but this debt is then removed as part of the Parking Debt Exclusion. Any repayment of Parking debt DOES NOT affect the City's Debt Incurring Power. A copy of the City's Debt Contracting Power schedule is attached for reference. The Main -Place Liberty Group states in their "Frequently Asked Questions" letter that "The Buffalo Civic Auto Ramps capital repair fund presently contains only about $1 million for all the City owned parking structures, The most current independent audit for BCAR lists the reserve account balance at $2.9 million as of 6/30/200 1. The debt figures used by both sides are wrong. A debt schedule is attached hereto. The current principal outstanding for the debt associated with the Main Place ramp is $4.3 million and is detailed in an attachment. A vital assumption on the decision to sell the ramp is which figure on ramp maintenance and repair to use. The BCAR figure, based upon a previous study, is $500,000, while the figure quoted by Main -Place Liberty Group in an engineering study they sponsored is between $2 and $2.5 million. The Comptrollers Office cannot determine which of these figures is more accurate. Neither study involved sophisticated samples, stress tests or for that matter any objective measurement of the facility and its deterioration. A fair and accurate assessment of the facility is essential to any decision on the sale of the ramp. The Comptrollers Office did consult with the City's Architects Office in an effort to obtain such an assessment but the time and expense involved was deemed to be: prohibitive. As mentioned earlier, the operations of the parking ramps are accounted for as a separate enterprise operation whereby the parking revenues generated cover the related indebtedness. Every year on October 3 1, the Comptrollers Office files a "Parking Debt Exclusion" report with the New York State Comptroller and the City Council listing the debt on the parking ramps and parking revenues and requesting that this debt be! exempted from the City's Gross Indebtedness. Schedule A of the October 31, 2001 report is attached. The New York State Comptrollers Office has never denied the City's request for an exclusion on parking debt. If parking revenues fail to cover parking debt, the City could lose part of its exclusion for parking debt. Any action that would cause the Parking debt to lose its exclusion would then cause the City to absorb some of the parking debt The Parking Facilities Bonds as of April 24, 2002 summed to $21 million. Given the current state of the City's Debt Contracting Margin, absorbing any of the $21 million would be a blow to the City's financial health. The rating agencies could not help but notice and would not view such an event favorably. The Main Place Ramp provides revenue that offsets its own debt, and partially offsets the debt of other ramps not so profitable. Any sale of the Main Place Ramp must include a provision for replacing lost revenues TO THE PARKING ENTERPRISE FUND in order to insure that the debt exclusion remains intact. Therefore: the Main Place Liberty Group assertion that the sale of the ramp would generate cash in the form of sale tax receipts and property tax revenues to the General Fund may be correct but the money is needed in the Parking Enterprise Fund In order for the sale of the Main Place Ramp not to impact the Parking Debt Exclusion, revenues would need to be increased from the remaining ramps. The Parking Enterprise Fund does have a reserve fund of $2.9 million as of June 30, 2002. While that fund may be used to pay debt service if revenues are insufficient, the main purpose of the reserve is to provide funds for ramp maintenance and repairs. The Parking Enterprise Fund is closing on May 16, 2002, the sale of $21 million in parking bonds for the additions on two separate ramps The construction on these ramps is expected to lower the revenue from these two ramps, albeit temporarily. This is NOT the time to reduce parking ramp revenue! Fundamentally, this office is against ANY sale of ANY long -term asset simply to reduce a short -term budget deficit. Acknowledgment is made to the Main Place Liberty Group that the sale of the ramp would indeed increase both sales tax and property tax receipts. This office, however, sees the ploy for what it is: a $1.2 million one -shot budget fix. It is for these reasons, and the financial assessment attached, that the City of Buffalo's Comptrollers Office does NOT recommend the sale of the Main Place Ramp at this time. The Comptroller's Office does recommend that a comprehensive engineering study be performed, and the results of that study used to determine if a future sale of the Main Place Ramp would be in order. REFERRED TO THE COMMITTEE ON FINANCE a:16]Lrilr9:1=1111:2:1 *111 Q MILIN9101a1:1 *916111019111 NO. 28 COMPLAINTS — 667 MAIN ST. I am writing this letter in order to bring to your attention a serious situation that has occurred at Hostel Buffalo As you are aware the city of Buffalo has assumed title of the property at 667 Main St in the Theatre District which houses the hostel run by the Niagara Frontier Council American of Youth Hostels. The property was the site of the former "Norban's Department Store ". The property was originally deeded to the Niagara Frontier Council of American Youth Hostels several years ago and after extensive renovation a conversion into a hostel was done leaving the Niagara Frontier Council with a huge debt load of which it could not possibly carry. Negotiations were started with the city for transfer of the property and it's mortgage in order to relieve the Council of this debt, in the negotiations of the transfer of the property a lease arrangement was also made with the city that would enable the Niagara Frontier Council to continue to operate the hostel, known as Hostel Buffalo, there.. I was not privy to the negotiations themselves however if you were to contact the city officials who negotiated this agreement you could acquaint yourself with the particulars. Since the contract /lease was finalized two African Americans; the hostel manager Lisa Moore and the hostel housekeeper Mikeal Minneweather have been fired by the president of the board of directors Clifford Madell. Two other African Americans have either had their hours reduced or were told to be let go by the president of the board of directors. The position of manager of the hostel was then assigned to two individuals as co- managers, one a Caucasian American male student at either the University of Buffalo or Buffalo State College the other person is a Caucasian Australian National, female, working in this country with a "green card ". It is my concern, number one that African Americans have been subjected to bias and held to a stricter standard of performance than other staff members (Caucasian) of Hostel Buffalo, and secondly, that since the city has relieved the Niagara Frontier Council of its major debt that they, the Council, have an ethical responsibility to the city of Buffalo and it's citizens. The firing from their jobs of these African Americans of Buffalo and their t4— ;placement by, in one case, a foreign national speaks to me of a serious problem inherent within the administration of the Niagara Frontier Council of American Youth Hostels. I am sending you two other letters that I have Sent to the Regional and National Office of Hostelling International American Youth Hostel concerning the problems at the Niagara Frontier Council of American Youth Hostels and at Hostel Buffalo. As of this writing the National Office is conducting an investigation into the allegations in my letters. I have also forwarded these letters to the Mayor's Commissioner of Community Relations and Citizen's Rights. I have contacted the local office of the NAAC P and was told that due to New York State laws a person can be fired from their job without cause, however in this case I believe that a thorough investigation into the details of these individual terminations is called for. The Law of the Land may say one thing but under the circumstances I believe that there is an ethical responsibility above any beyond what the law dictates, and that, in my unschooled opinion is the higher responsibility. I think that your office should conduct it's own investigation into the affairs that were ongoing at Hostel Buffalo for the past few years and draw your own conclusions. REFERRED TO TH CITIZENS RIGHTS COMMISSION NO. 29 INVESTIGATE INCIDENT HOSTEL BUFFALO "The way I would solve the AIDS PROBLEM I would kill the very first person who came down with AIDS" Angus Daniel This statement by Mr. Daniel was made to me when I was volunteering at Hostel Buffalo during the summer Of 1999. Mr. Daniel is a South African businessman and owner of Denver Systems /TMP, the computer program used for front desk operations at the Niagara Frontier Council of American Youth Hostels' Hostel Buffalo. I have been volunteering at the Niagara Frontier Council of American Youth Hostels since 1990 first on NYRATS (an annual bicycle tour from 13uffalo to New York City), at Hostel Buffalo, serving on the board of directors and I have AIDS. In August of 1995 1 became totally disabled due to advanced AIDS, In the following years as more effective therapies became available my health improved enough to allow me to put my time to constructive use. When Hostel Buffalo opened up Suzanne Toomey Spinks, the manager of the hostel, gave me the opportunity to volunteer at the hostel, work that was both fulfilling and rewarding. After finishing work on NYRATS '98 I limited my time at the hostel, filling in only for emergencies. In July of 1999 1 was asked if I could work again at the hostel due to the abrupt resignation of the manager. When the above statement, by Mr. Daniel, was made to me I was concerned that perhaps somehow Mr. Daniel had ascertained my status and was making a flippant, albeit abhorrent, remark. However that is not really germane, to make a statement like that to anyone regardless of whether they have AIDS or not is intolerable. When this incident occurred I did contact David Kalter at the national office of Hostelling International who advised me to file a written complaint, at that time I was uncomfortable and reluctant to do so, I am doing so now to insure that something like this never happens again and in the event it does there be in place a way to redress the situation. I am requesting an investigation by the National and Regional office of Hostelling International American Youth Hostels and the Mayor's office of this incident and any other incidents of bias or discrimination that may have occurred at the Niagara Frontier Council of American Youth Hostels and Hostel Buffalo. REFERRED TO THE CITIZENS RIGHTS COMMISSION No. 30 PARKING REGULATIONS ELMWOOD AVE. At your request, we researched the ordinances with regards to the parking regulations on Elmwood Ave. between Bryant and Lexington Aves. Item # 160 of July 24, 2001 contained notification of serials 9307 to 93 10. These serials set the parking restrictions as 2 -hour parking from 7a.m. to 7 p.m., except Saturday and Sunday. A recent check found the signage correctly reflecting this restriction. I did discuss a possible change to add the 2 -hour restriction on Saturday, with Councilmember Coppola. He indicated that he was opposed to this change because it would affect residential parking. Would you please discuss this matter with Mr. Coppola and other interested Councilmembers and let me know how the Council wishes to proceed. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 31 Engine 22 Firehouse closing As a citizen of Buffalo and located in the fire district of engine 22 located at 1528 Broadway I STRONGLY OPPOSE the closing of Engine 22. The additional time it would take another fire company to respond to an emergency at my home could be the difference between life and death. Please do everything in your power to support this VITAL NECESSITY. We depend on you, our leaders to do what is right, this is one of those times. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 32 SENECA BLUFFS WETLAND RESTORATION PROJECT —PHASE I AND II Your organization has been identified as an Involved Agency related to the above referenced project. Pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, Erie County Department of Environment and Planning is requesting lead agency status. Enclosed you will find the full Environmental Assessment Form - Parts I, 11, and 111, the Lead Agency Status request form, and the SEOR Referral Response. If you have any questions regarding the Seneca Bluffs Wetland Restoration Project, you may contact me directly at (716) 858 -8846. STATE ENVIRONMENTAL QUALITY REVIEW SOLICITATION FOR LEAD AGENCY STATUS Type I Action Pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law Seneca Bluffs Wetland Restoration Product -Phase I and 11 LOCATION: City of Buffalo, County of Erie PROJECT NUMBER: # C617 -02 -339 Erie County has identified this project as a Type I Action for the purpose of SEOR. Erie County requests lead agency status for this project, pursuant to Part 617.6(h). The reasons for this request are as follows: The anticipated impacts of the action being proposed are primarily of regional significance. This agency has the broadest governmental powers for investigation into the impacts of the proposed action. This agency has the greatest capability for providing the most thorough environmental assessment of the proposed action. Other: Any involved or interested agency may submit objections in writing within thirty (30) days of the date of this notification. If no objections are expressed, Erie County will assume the lead agency status for this action and will make a determination of its significance. A preliminary finding is that the project will not have a significant effect on the environment has been made by Erie County. The County anticipates issuing a negative declaration. The full Environmental Assessment Form is attached for your review. Written comments may be submitted to: Jill Jedlicka, Project Manager Erie County Department of Environment & Planning 95 Franklin Street - Room 1077 Buffalo, New York 14202 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE DIRECTOR OF STRATEGIC PLANNING No. 33 CONCERNS REDUCING COUNCIL SIZE Last summer when my ladyfriend encountered numerous problems and questions regarding issues with he recent HUD home, the only individual seemingly able to afford her help and answers was her councilperson (Mark Coppola). The summer before, when the rash of car popping on Bird Ave. and Lincoln Parkway had reached epidemic proportions he only person willing to intervene was a councilperson. This year, when graffiti began to cover every square inch of a prominent local business, the only person I found willing and able to get the owner to clean up his business was my council person (Joseph Golombek). This despite a graffiti law on the books that the current mayor enacted (in one of his "hey look what I'm doing right now" moments). When the elderly and mentally impaired had to walk out in icy snow covered streets because the owner of a certain pizzeria refused to stop parking his personal vehicle and other employee owned vehicles right n the right of way sidewalk adjoining his business the only person interested in taking on the owner (and his seemingly unbreakable ties to City Hall) was a councilperson.. Ditto the ow®er of Poster Art when City crew dumped mounds of snovMn his sidewalks and then ordered HIM to clean theP idewalks off. If the Council is reduced in size, where are \Me supposed to go with our questions and complaints? Anydne who has ever tried the Mayor hotline knows what a jo0e that is. I don't see Anthony Masiello announcing he'Ntaking any pay cut or downsizing his staff. And I don't see hOn in any great hurry to share any of his one million dollar wkchest with the City he proclaims to love so much. As a matter of fact, I don't remember him EVER taking blame for anything that's led to theis City having to implement an austerity budget.. even though, much of it happened on his watch. You might wish to read this o the Council before you vote on reducing your ranks or giving the Mayor his "makes nobody happy budget" (ps.. for someone who supposedly wnet to college, that is the worst grammer I've yet seen). Should you wish to read the statement, please use my name and address. I don't want the Mayor or anyone on his staff assuming there isn't at least one taxpayer who appreciates having someone to turn to. REFERRED TO THE SPECIAL COMMITTEE ON REAPPORTIONMENT No. 34 Opposition to Police and Fire dept. reductions I write to express my profound opposition to the drastic reductions proposed in the Buffalo city police and fire departments in the mayor's 2002 -2003 tentative budget. The layoff of 93 police officers and the closing of three fire companies win have a very negative effect on public safety for all city residents and visitors. This action comes at a time when the nation is on wartime alert for the next terrorist strike. Currently, without any reductions, major problems exist in responding promptly to citizen calls for 911 assistance during peak times, certainly the layoff of large numbers of police officers will only dramatically increase response times, especially in the high demand summer months. In addition police cutbacks could have the effect of dramatically reducing such police services as the Burglary Task Force — which apprehends serial burglars and home invasion criminals, and the Traffic Bureau — which enforces all local and state traffic laws and helps to insure safety on our city streets. Even more alarming is the potential effect on detective squads such as the Major Case /Homicide Squad - which is already overburdened and carrying caseloads of dozens of unsolved homicides and hundreds of unsolved armed robberies. Basically the mayor's tentative budget destroys the essential police services that are the first, not the last priority of city government. In the fire department, which by the way closed four fire companies as of July 1, 1994, (Engines 13 and 3 0, Ladder 1, and Rescue 2), now has only the minimum coverage necessary to maintain a below four minute response time to fires, disasters, and medical emergencies. Since the department has no signed mutual aid agreements with other governments, and has not utilized the city's volunteer auxiliary fire corps, the city is now without backup fire protection- In the event of multiple major fires or disaster incidents the city will be, with the cuts proposed, without essential fire protection service. The bottom fine is that our city has scores of high- rise apartments, dormitories, and office buildings, and thousands of residential and commercial structures, not to mention hundreds of thousands of residents and visitors that must be protected - Closing five fire companies (three permanently as of July 1, 2002, and two rotating closings) will compromise city fire protection, and place in jeopardy the fives and property of its citizens. I would urge the common council to reverse the draconian fire and police reductions so that the city's basic safety network can be maintained. - Anything less will cause the public to lose faith in the ability of city government to provide essential services to all of its citizens and neighborhoods. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 36 Park Improvements in the Masten District The City of Buffalo is now preparing for the summer season and many parks in the Masten District need improvement and tender love and care. Parks are a vital source of recreation to children and families. I look forward your assistance in stabilizing both the parks and neighborhoods in the Masten District. Your assistance with the following park improvements will be appreciated. Martin Luther King, Jr. Park - $400,000 needed to complete funding for four spray pads in Wading Pool. Visible police enforced No Parking On Grass Signs posted throughout park and around the perimeter of the park, repair of water and sewer system near Green House, replacement of sidewalk and grounds in plaza of MLK Bust, trim hedges, provide flowers to plant throughout the park from Greenhouse, replacement of all bleachers around basketball court, resurface of basketball courts, replacement of rims and backboards around basketball courts (fiber -glass backboards and break -away rims). Replace PA system in MLK Park at basketball courts. Install two new basketball courts in MLK Park. Charlie Perkins Park - Expand fence over to Humboldt YMCA, repair field house roof, heating and water systems. Resurface basketball courts and replace basketball rims and backboards. Dewey - Replace outdated fence and sidewalks around park, Baseball needs diamond needs to be reestablished. Replace basketball courts and backboards. Replace playground equipment and bleachers. Please install two grills with benches and tables near field house for families to have cookouts. Please place Dewey Park Signs around park (the nice green and white signs that are approximate 3 feet tall) Repair lighting and plumbing in field house, this facility will be adopted by Dewey Avenue Block Club. Horace Billy Johnson Park (formerly Florida Pansy Park) - Please remove Graffiti off of Playground equipment. Please replace swings and slide (the one for small children) Please install a large green and white sign that states, "This Park dedicated in memory of Horace Billy Johnson, former Masten District Councilmember" (sign is needed for Sunday Memorial Day Weekend). Kevin Roberson Park formerly Manhattan Park - Please extend the football field to 100 yards and replace fencing. Please repair sidewalks around park the park. Please replace playground equipment. Please relocate basketball courts to front of the Park near play ground equipment. Please paint and make basic repairs to plumbing and shelter house and concession stand (painting of buildings, repairs to the heating and pluming systems) Trinidad Park - repairs are needed to the shelter house heating and plumbing systems. The interior and exterior of the shelter house needs to be painted. Please replace playground equipment and repair wading pool in the park. Please remove all graffiti in the park. Glenny Park- please remove dirt and snow from park. Please replace grass, baseball diamonds, and football fields. Please remove weeds and brush along fence near Appenheimer Avenue and basketball courts. Construction of new field house in Glenny Park. Please replace damaged sidewalks and driveways. Thank you for time and assistance with these important requests. As always, if you have any questions, please do not hesitate to give me a call at 851 -5145. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND TH44E COMISSAER OF PUBLIC WORKS No. 36 INFO SAFEMAIL Air Duct Aseptics In light of recent events on September 11 and the ongoing Anthrax mail scare, employers are forced to make changes and upgrades for employee safety. The new threat of bio- terrorism includes air borne viruses and bacteria, which may be distributed by the HVAC system. For the complete Center of Disease Control (CDC ) Advisory please contact our office On October 31, 2001 the Center of Disease Control (CDC) Distributed a Health Advisory for Work sites where mail is handled or processed. Engineering controls was the first item listed for prevention of potential exposures. Our company offers several engineering control strategies from small office settings to large facilities with in -house mailrooms or critical rooms. This month, ADA will participating at two major events WNY Safety Conference and MA11COM ANNUAL Global Convention. The 66 th Annual Western New York Safety Conference will be held at the Grand Island Holiday Inn - May 15 & 16. Acceptable Indoor Air Quality is crucial for any safety and wellness program. We will be demonstrating the SafeMail containment hood for maillroom security as well as Room Pressure Monitors, Ultra Violet Light Purification Systems, Air Testing, Mold Remediation and Air Duct Cleaning. The Safety Conference will also be raffling a free IAQ Assessment valued at $750. MAILCOM Annual Global Convention May 19 -22 at the Atlantic City Convention Center. Mailroom security is an important topic and MAILCOM recognizes this. MAILCOM has instituted the Mail Security Certificate Program, which includes instruction from leading government and private industry authorities. Our talk "Engineering Controls 101 : A Primer for Mail Center Security (Monday, Round 4 from 9 a.m. - 10 a.m.) is just one of several discussions on how to protect your mailrooms. For information on attending MAILCOM visit www.mailcom- conference.com. If you need assistance in attending these conferences please call Mark Tebor direct at 998.6123. Whatever services you require, A.D.A. has the experience and knowledge to get the job done Call Mark Tebor today for your FREE evaluation in helping to protect your employees. REFERRED TO THE CITY CLERK AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 37 CLOSING LADDER 6 The petitions are signed by People that DO NOT want Ladder 5 Closed Or the Services provided by Ladder 5 Distorted. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 38 Common Council Committee Appointment I am hereby appointing Councilmember Golombek to the Common Council's Education Committee. Councilmember will relinquish his seat on the Civil Service Committee. At meeting, Council President Pitts indicated that Councilmember Franczyk will be agreeable to taking Councilmember Golombek's seat on Civil Service Committee. RECEIVED AND FILED FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 39 Certiorari Proceedings RJR Nabisco, 216 Fougeron This is to advise that the owner, RJR Nabisco, has instituted certiorari proceedings on 216 Fougeron Street, Buffalo, New York, regarding the assessment for the fiscal years 1,997 -98 through 2002 -03. This Department reviewed the assessments and the owner expressed a willingness to settle the proceedings The final assessment for fiscal years 1997 -98 through 2002 -03 was $1,987,500 for each year. The owner is agreeable to a settlement by which the 1997 -98 and 1998 -99 proceedings would be discontinued without change; the 1999 -00, 2000 -01 and 2001 -02 assessments would be reduced to $1,300,000 and the 2002 -03 assessment would beset at $1,100,000. The taxpayer would be entitled to refunds of $27,285.90 for 1999 -00, $25,898.72 for 2000 -01 and $25,777.94 plus $966.67 (late penalty) for 2001 -02, for a total refund of $79,929.23. Based upon a review of the current market value of the property, I feel this settlement would be in the best interest of the City. 1, therefore, recommend this settlement, in which the Department of Law concurs. This proposed settlement is subject to approval by Your Honorable Body. I hereby request that the Corporation Counsel be authorized to settle the RJR Nabisco certiorari proceedings on 216 Fougeron Street, Buffalo, New York, by reducing the assessment from $1,987,500 to $1,300,000 for 1999 -00, 2000 -01 and 2001 -02 and to $ 1, 100,000 for the 2002 -03 fiscal year. REFERRED TO THE COMMITTEE ON FINANCE NO. 40 Request Approval of Certificate of Current Base Proportions Attached find Certificate of Base Percentages, Current Percentages and Current Base Proportions. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. This Certificate was prepared by this department with the assistance of the New York State Office of Real Property Service pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210 -2714. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 41 Request Approval of Certificate of Adjusted Base Proportions Attached find Certificate of Adjusted Base Proportions. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. This Certificate was prepared by this department with the assistance of the New York State Office of Real Property Service, pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210 -2714. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. REFERRED TO THE COMMITTEE OF THE WHOLE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 42 Report of Bids Replacement of Traffic Signals and 2 -Way Conversion of Franklin Street and Washington Street This is to advise Your Honorable Body that I have advertised and received bids on May 1, 2002 for the Replacement of Traffic Signals and the 2 -way Conversion of Franklin Street and Washington Street. I have asked for bids on a unit price basis covering the various items of material and work that 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 either be more or less than the total bid. The following bids were received: 1. Destro & Brothers Concrete Co., Inc. $1,143,946.50 2. Spoth Enterprises, Inc. $1,401,347.25 1 hereby certify that the lowest responsible bidder for this project is Destro & Brothers Concrete Co., Inc. I respectfully request that Your Honorable Body order the work, the cost thereof to be charged to Bond Fund #30032106 in an amount of $ 1, 143,946.50 plus a 10% unit price increase of $114,394.50, for a total encumbrance of $1,258,341.00. The engineer's estimate for this work is $1,202,013.70. The attached is certified to be a true and correct statement of the bid received. The bid submission is 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 May 7, 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 Replacement of Traffic Signals and 2 -Way Conversion of Franklin and Washington Streets, to Destro & Brothers Concrete Co., Inc., the lowest responsible bidder, in the amount of $1,143,946.50 plus a 10% unit price increase of $114,394.50 for a total encumbrance of $1,258,341.00. Funds for the project are available in Bond Fund #30032106. Passed. AYES -13- NOES -0 NO. 43 CHANGE IN CONTRACT 92010438 HENNEPIN PARK COMMUNITY CENTER During the construction of the site work portion of the new community center in Hennepin Park there were some unforeseen items that needed to be addressed. Therefore, we recommend that the following changes be made to Contract 92010,138 with SICAR, Inc. Remove asphalt road and path and replace with 4" topsoil, fertilizer & seed to increase green space in park Add $ 5,484.60 Eliminate sidewalk at east end of new building and substitute lawn to again increase green space. Deduct 776.00 Additional cost, above designated allowance, for new gas service from National Fuel plus overhead and profit. Add $1,247.24 Total Add $5,955.84 The project architect, Macon Chaintreuil Jensen & Start, LLP has reviewed and approved this cost. Funds are available in MUNIS 35640106. 1 recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to issue a change order to SICAR, Inc. as outlined above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 2, 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 SICAR, Inc., an increase in the amount of $5,955.84, as more fully described in the above communication, for work relating to Hennepin Park Community Center Site Work, Contract 92010438. Funds for this project are available in NRJNIS 35640106. PASSED AYES -13 NOES -0 NO. 44 CHANGE IN CONTRACT CHANGE ORDER NO. I REPAIR TO CITY PAVEMENTS - 2002 GR. #581 THOMANN ASPHALT, INC. CONTRACT 992010567 I hereby submit to our Honorable Body the following unit price additions to the contract for the above named Project. This change order was necessary to enable our department to make improvements at #I -A: Pratt- Willert Community Center including resurfacing of parking lot and replacement of concrete sidewalk and approach and #I -B: Walden Avenue Bailey to the City Line - resurfacing of various deteriorated bus stop locations. Change Order 4 1 -A - Pratt- Willert Community Center Parking Lot Bids in City Clerk's Office Original Contract Amount 153,978.00 Change Order No. 1 52,024.47 Total Contract $ 206,002.47 Funds are available in account #30005706 & #30014706. If you have any further questions regarding the above, please contact Michael J. Zera of our Construction Section at 851 -5864. 1 respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change order to Thomann Asphalt, Inc. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 2, 2002, be received and file &, 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, Inc., an increase in the amount of $52,024.47, as more fully described in the above communication, for work relating to Repair to City Pavements - 2002, Group #581, Contract, C #92010567. Funds for this project are available in 430005706 and #30014706. PASSED AYES -13 NOES -0 NO. 45 CHANGE IN CONTRACT TOSH COLLINS COMMUNITY CENTER SENIOR AND TEEN CENTER PLUMBING WORK I hereby submit to Your Honorable Body the following changes for the Tosh Collins Community Center, Senior and Teen Center, Plumbing Work, C & L Plumbing, C #92010330. 1. Install new 6 inch diameter fire service from main into building. Add $ 27,951.80 The foregoing change results in a net increase in the contract of Twenty Seven Thousand Nine Hundred Fifty One and 80/100 Dollars ($27,951.80). Summary: Current Contract Amount $ 88,878.71 Amount of This Change Order ( #3) Add $ 27,951.80 Revised Contract Amount $116,830.51 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 May 6, 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. 3, to C & L Plumbing, an increase in the amount of $27,95 1. 80, as more - ,Fully described in the above communication, for work relating to Tosh Collins Community Center, Senior and Teen Center, Plumbing Contract, C #92010330. Funds for this project are available in CPF 35320706 445100 - Division of Buildings. PASSED AYES -13 NOES -0 NO. 46 INCREASE IN CONTRACT CAZENOVIA PARK BACKSTOP REPLACEMENT (CONTRACT NO. 92010582) We are requesting permission of Your Honorable Body to increase the above Contract (ND. 92010582) in the amount of $7,356 for a total contract amount of $58,003 with Titan Development. We have authorized some additional work on the backstops in Cazenovia Park, and also authorized the contractor to reconstruct damaged backstop overhangs at Hillery and O'Kell playgrounds. The price for the work was found to be fair and reasonable by our staff. Fund„ for this work are available in Bond Fund Account 36400306. Summar Contract Amount $50,647 Change Order 1 7,356 Total $58,003 Mrs. Lotempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 9, 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 Titan Development, an increase in the amount of $7,356.00, as more Rilly described in the above communication, for work relating to Cazenovia Park Backstop Replacement, Contract No. 92010582. Funds for this project are available in Bond Fund Account 36400306. PASSED AYES -13 NOES -0 NO. 47 INCREASE IN CONTRACT LASALLE PARK IMPROVEMENTS (CONTRACT NO. 92010484) We are requesting permission of Your Honorable Body to increase the above Contract (NO. 92010484) in the amount of $68,705 for a total contract amount of $564,655 with Birch Grove Landscaping. We have authorized additional work to add a series of storm drains, pipe, and catch basins as well as additional granite curb. The price for the work was found to be fair and reasonable by our consultant, Parsons. Funds for this work are available in Bond Fund Accounts 36400506 and 36400706. Summary Contract Amount $495,950 Change Order 1 68,705 Total $564,655 M <rs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 9, 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 Birch Grove Landscaping, an increase in the amount of $68,705.00, as more fully described in the above communication, for work relating to LaSalle Park Improvements, Contract No. 92010484. Funds for this project are available in Bond Fund Accounts 36400506 and 3600706. PASSED AYES -13 NOES -0 NO. 48 BUFFALO VETS LITTLE LEAGUE KEVIN ROBERSON PARK This Department has met with representatives of the Buffalo Vets Football League, and the expansion of the football field from 80 to 100 yards has been authorized. The majority of existing fences will be removed and not replaced due to the required larger field. The basketball courts do not require relocation at this time, but estimated cost will be provided for possible future consideration. We will continue to work with the representatives of the league, to insure their approval of our plans and to facilitate completion in accordance with their schedule. REFERRED TO THE COMMITTEE ON FINANCE NO. 49 "B. GRANT - CONCERNS -DOG PROBLEM -504 NORFOLK" #66 CCP, APRIL 16, 2002 In response to Mia Shelton's letter of complaint dated 4- 28 -02, Kelly McCartney, Director of the City of Buffalo Animal Shelter, has previously spoken with Ms. Shelton regarding her complaint and investigated the situation. After having spoken with one of her employees, this employee assured Kelly that the fence would be fixed and that he would be surrendering the problem dog to the SPCA. Since then the employee's landlord has put up a new stockade fence and the dog in question was surrendered to the SPCA on April 9, 2002. When Kelly McCartney spoke with Ms. Shelton, Kelly instructed Ms. Shelton to notify her as soon as possible if at any time the dogs were loose again. In reference to the police not responding, Kelly McCartney had also informed Ms. Shelton that after 3:00 p.m. and on weekends Dog Control responds to the Police Radio. The Police are not going to respond to the call. They will dispatch the call to Animal Control. Kelly McCartney also told Ms. Shelton that if the dogs were found running loose when Animal Control arrived on the scene, the animals would have been picked up and brought to the facility for the proper fines to be paid. According to Kelly McCartney the situation is being corrected, and there have not been any more problems. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 50 B. GRANT -D. MOODY- CONCERS- LISBON AVENUE #70 C. C.P., APRIL 16, 2002 In reference to baiting for rodents on Lisbon Avenue, Frank Poincelot has advised me that from the period of October, 2001 through April 1, 2002 Rodent Control has been on Lisbon Street from Main to Parkridge five times. On the blocks between 20 and 100 Lisbon they have baited three times involving six homes. On the 200 block of Lisbon they have baited twice involving three homes. Frank Poincelot's Office has received only five complaints for rats during this time. Frank has also stated that starting on May 6, 2002, Rodent Control will start to bait the entire blocks of Lisbon, Shirley, LaSalle, Minnesota from Main to Parkridge. Please contact Frank Poincelot with any questions or concerns that you may have at 851 -5522. RECEIVED AND FILED NO. 51 PERMISSION TO ACCEPT GRANT BUFFALO ZOOLOGICAL SOCIETY Permission is hereby requested from Your Honorable Body to accept a $350,000.00 grant from the New York State Office of Parks, Recreation and Historic Preservation for the Main Animal Building Restoration. Money from this grant will be matched by funding received from Erie County. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 9, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized, to accept a $350,000.00 grant from the New York State Office of Parks, Recreation and Historic Preservation for the Main Animal Building Restoration, PASSED AYES -13 NOES -0 NO. 52 PERMISSION TO ENTER INTO AGREEMENTS WNYSDOT FOR REHABILITATION OF WEST FERRY ST. LIFT BRIDGE OVER BLACK ROCK CANAL I hereby request that your Honorable Body approve a resolution authorizing the Mayor to enter into all necessary agreements with the New York State Department of Transportation (NYSDOT) for rehabilitation of the West Ferry Street Lift Bridge over the Black Rock Canal. Also that the City of Buffalo agrees to pay all costs associated with first instance funding and the Federal /Non - Federal shares of the required project phases. Funds for this purpose are available in our Capital project Account for Local Match of Federal Highway Projects. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 8, 2002, be received and filed; and That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the New York State Department of Transportation for rehabilitation of the West Ferry Street Lift Bridge over the Black Rock Canal. Funds for this purpose are available in Capital Project Account for Local Match of Federal Highway Projects. PASSED AYES -13 NOES -0 NO. 53 PERMISSION TO HIRE CONSULTANT PHASE 11 GEOGRAPHIC INFORMATION SERVICES (GIS) #44 CCP OF 7/27/99 Your Honorable Body previously approved consultant engineering services for phase I of our Departments. GIS Implementation project. Phase I has been completed and consists of the land parcel base map, Buffalo Tree Survey overlay, South Buffalo Flood Plain and digital overlay of 1999 citywide aerial photographs. At this time we are requesting permission from Your Honorable Body to hire a consultant to proceed with Phase 11 work. This phase will add to the database the City Street lighting system, traffic signal system, fiber optic network, street right of ways and Streets Division district /routing information. Costs for Phase 11 are not expected to exceed $200,000 and funds are available in the Capital Project Reserve Planning Account. REFERRED TO THE COMMITTEE ON FINANCE NO. 54 PERMISSION TO HIRE ENVIRONMENTAL CONSULTANT VARIOUS PROJECTS AND EMERGENCY RESPONSE Permission is requested from Your Honorable Body to hire an environmental engineering consultant to perform testing, planning, design and inspection of various remediation projects in the city. These projects include remediation of 538 Sycamore Ave., fuel tank removals at 560 Walden Ave., asbes -tos /soil /groundwater testing - analyzing as necessary, documentation with NYSDEC and emergency response services. Fees and services are not expected to exceed $50,000 and funds are available in Environmental Remediation Control Account #35030306. REFERRED TO THE COMMITTEE ON FINANCE NO. 55 PAYPHONE APPLICATIONS (2) REYNTEL COMMUNICATIONS Mr. Paul Reynolds of Reyntel Communications, 641 Yardley Court, Webster, NY, has requested permission to install two (2) public payphones within City right of way as described in Chapter 441 (Telephone Facilities) of the City Ordinances. The proposed payphone locations are as follows: 1. 274 Maryland Avenue - northwest comer West Avenue, adjacent to north side of existing building, A & A Market. 2. 318 Hampshire, comer Arkansas adjacent to south side of existing building, Bill's Groceries. The Department of Public Works, Parks and Streets has reviewed these applications and has no objection to the installation of said payphones. However, before a license may be issued, each individual proposed location must be approved by Your Honorable Body in accordance with Chapter 441 -4 of the City Ordinances as revised (C.C.P. # 13 6 of December 26, 1995). DENIED NO. 56 REPORT OF AUDIT -ERIE BASIN MARINA ITEM 422, C.C.P. 4/30/02 We have reviewed the Comptroller's audit of operations at the Erie Basin Marina for 2001. We concur with his findings and are prepared to implement the recommendations. REFERRED TO THE MARINA TASK FORCE NO. 57 ROOSEVELT PARK STEERING COMMITTEE ITEM #69, C.C.P. 4/16/02 The referenced item was sent to this department for comment. During a recent meeting hosted by Councilmember Grant, this department agreed to work with the Roosevelt Park Steering Committee to repair the restrooms, doors, locks, roof and fascia of the shelterhouse at Roosevelt Park. To that effort, I have allocated approximately $50,000 of citywide park improvement bond funds. Unfortunately, with the reduced amount of funds being made available from capital project funds, due to the Comptroller's capital debt limit, we will not be able to allocate funds to install any kitchen equipment. If other funds, such as Block Grants, become available, we will work with the Councilmember and the Steering Committee to complete the project. RECEIVED AND FILED NO. 58 TIFFT STREET; SIGN AND FLAGPOLE ON CITY PROPERTY Mr. Ray McGurn, Co- Chairman of Going South, a civic association, has requested permission to install a sign and flagpole on City property on Tifft Street. The sign would read "Welcome to South Buffalo and measure approximately five feet in height and eight feet in length. The sign and flagpole would be located in a grass area approximately 15' north of the north sidewalk of Tifft Street at George Hartman Field. The Department of Public Works, Parks and Streets has reviewed this request with regards to Chapter 413 -67 (Encroachment regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner to issue a "Mere License" for installation of said encroachment providing the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the sign and flagpole be installed exactly as shown on the plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the sign installer call Dig Safely New York (800- 962 -7962) prior to installation in order to locate existing utilities as per New York State Law (Code 753). 4. That the applicant be responsible for maintenance of said sign and flagpole as long as they remain on City property. Mrs. LoTempio moved: That the above communication from the Department of Public Works, Parks and Streets dated May 9, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Ray McGurn, Co- Chairman of Goin' South, to install a sign and flagpole on City property on Tifft Street, which would be located in a grass area approximately 15' north of the north sidewalk of Tifft Street at George Hartman Field, subject to the conditions as listed above and with conditions as set by the Department of Public Works, Parks and Streets. PASSED AYES -13 NOES -0 NO. 69 TRANSPORTATION AUDIT ITEM 424, C.C.P. 4/30/02 The referenced item was referred to this department for comment. I have reviewed the Comptroller's Transportation Audit. The information presented in the audit is broad and does not list specific findings. I look forward to working with the Comptroller's office to find specific problem areas and to jointly rectify those problems., if any occur. REFERRED TO THE COMMITTEE ON FINANCE NO. 60 TRANSFER OF FUNDS PARKSIDE LODGE Permission is hereby requested from Your Honorable Body to transfer $65,000.00 from the Buffalo Urban Renewal Agency to Buildings Bond Account 30334106. The money will complete funding for the replacement of the roof at Parkside Lodge. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE DIRECTOR STRATEGIC PLANNING NO. 61 CERTIFICATE OF APPOINTMENT Appointment Effective May 6, 2002 in the Department of Public Works, Parks & Streets, Division of Water to the Position of Assistant Water Distribution Superintendent Permanent Promotion at the Intermediate Starting Salary of $44,066.00 Patrick J. Martin, 34 Greeley Street, Buffalo, New York 14207 Last 4 digits of S.S.N.: XXX -XX- 3916 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 62 CERTIFICATE OF APPOINTMENT Appointment Effective: April 19, 2002 in the Department of: Police Division of to the Position of: Report Technician Permanent Appointment at the Intermediate Starting Salary of $ 26,606 Deborah R. Zdon, 469 Doat Street, Buffalo, New York 14211 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 63 CERTIFICATE OF APPOINTMENT Appointment Effective: April 19, 2002 in the Department of: Police to the Position of: Report Technician Temporary Appointment at the Flat Starting Salary of $ 26,606 Debra Ferril, 16 Race Street, Buffalo, New York 14207 Desirae Greene, 324 Pine Street, Buffalo, New York 14204 Katherine E. Milks, 409 Abbott Road, Buffalo, New York 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 64 FIRE COMPANY ROTATION — 03/02 — 4/02 Per your request, attached are the manpower reports for March and April of 2002 and an updated list of fire house closings. Respectfully submitted, REFERRED TO THE COMMITTEE OF THE WHOLE NO. 66 *RECOUPMENT OF GML §207 -A(2) OVERPAYMENTS Per your request, please be advised that the City of Buffalo Departments of Fire and Law Have determined counter -sue in the matter of Pawlak, et al. v. City of Buffalo, et al., Index No. 2002 -2204. The basis of counter -suit will be to recoup GML §207 -a(2) benefits improperly paid to Department of Fire retirees after their respective, applicable mandatory age of retirement. Based on the calculations of the City's Department of Audit and Control, the counter -suit would be for a total of Four Hundred Twenty -Nine Thousand Seventy -Nine and 75/100 Dollars ($429, 079.75), plus interest. The tentative return date for Pawlak et al v. City of Buffalo et al is May 31, 2002. Respectfully Submitted, RECEIVED AND FILED NO. 66 SOUTH BUFFALO CHARTER SCHOOL Please find enclosed for your approval, the proposed Contract of Sale between the City of Buffalo and the South Buffalo Charter School. The agreement envisions the sale of the former School 929 (2219 South Park Avenue) by the City of Buffalo for the sum of Four Hundred Fifty Thousand and 00/100 ($450,000.00). There are also provisions relating to extending the existing leases of various occupants of the building as well as for use of parking spaces adjacent to the building. Appraisals have been completed. Upon approval of the Contract of Sale, title could be transferred expeditiously. Mrs. LoTempio moved: That the above communication from the Corporation Counsel dated May 7, 2002, be received and filed; and That the Mayor be, and he hereby is authorized to enter into the necessary Contract of Sale between the City of Buffalo and the South Buffalo Charter School for the former School #29 (2219 South Park Avenue) for the sum of Four Hundred Fifty Thousand and 00/100 ($450,000.00). PASSED AYES -13 NOES -0 FROM THE CORPORATION COUNSEL NO. 67 PROPOSED FOOD STORE ORDINANCE For discussion purposes only, I am submitting a draft version of a proposed food store ordinance. It has not been approved as to form and is subject to revision. I would recommend sending this communication to Legislation Committee for further review by the Council and other relevant departments. FOOD STORE ORDINANCE Section 1. Definitions. DEPARTMENT - - The Department of Permit and Inspection Services, the Commissioner of Pen -nit and Inspection Services and his or her designee acting under the Commissioner's authority. PRIMARY USE - - Shall constitute a minimum of eighty -five percent (85 %) of the principal and main use of the business establishment. The "primary use" shall be determined and established by the Department of Permit and Inspection Services. ACCESSORY USE - - Shall constitute a maximum of fifteen percent (15 %) of the use of said business establishment. In no case shall such "accessory use" dominate, in area, extent or purpose, or in any way exceed fifteen percent (15 %) of the primary and main use established by the Department of Permit and Inspection Services for such business establishment. COMMERCIAL KITCHEN - - Cooking facilities used for the preparation of food such as, but not limited to, commercial ranges, ovens, broilers, grills, griddles, char boilers, pizza ovens, deep frying equipment or any other similar equipment as so determined by the Department of Permit and Inspection Services. FOOD STORE - - Any premises with a total floor space with twenty- thousand (20,000) square feet or less, of which the "primary use" (85% or more) is devoted to the sale and or display of but not limited to, cigarettes, dry goods, bottled or canned beverages and prepackaged foods not prepared on the premises. Section 2 License Required. No person, firm, corporation or other entity shall operate, maintain or engage in the business of operating a food store in the City of Buffalo without first having been issued a license by the Department of Inspection and Permit Services pursuant to a verified written application upon a form provided by the Department. Section 3. Referral and approval of license application. A. All new applications shall be referred to the Department of Pen -nit and Inspection Services Permit Office to determine compliance with all applicable city- zoning laws and ordinances, including determination of permitted and established use of the property location. B. All new applications and the renewals therefore shall be referred to the Department of Permit and Inspection Services Inspections Division to determine that the building meets all city and state building codes and to determine whether the business meets and is conforming with any and all established primary and accessory uses. C. All new applications shall be referred to the Department of Fire to determine that the property location meets all applicable New York State Fire Codes. D. All new applications and the renewals therefore shall be referred to the Department of Police for their investigation regarding the moral character of the applicant and an incident history of the property location, with a recommendation for approval or disapproval of the application. All recommendations for disapproval must state the reason for such disapproval in writing. E. The City of Buffalo reserves the right to make unannounced periodic on -site inspections during business hours by any of the aforementioned enforcement agencies to ensure compliance with all applicable laws and ordinances. Section 4. Operation of business. A. The owner /operator of any licensed food store shall comply with all provisions of federal, state and local laws and ordinances relating to the conduct of the business, use and maintenance of the premises. B. The owner /operator of any licensed food store shall comply with all notices, orders, decisions and rules and regulations made by the Department of Permit and Inspection Services. C. A licensed food store shall not have a commercial kitchen and there shall not be any on -site food consumption or public assembly on the premises. D. Any person, firm, corporation or other entity violating the provisions of this Chapter may be liable for penalties as prescribed in Chapter 137, Article 1, of this Code. Section 5. Transferability and expiration of license. A. All licenses are nontransferable. All licenses issued are valid for only the owner /operator and business location indicated on the license. Any change in business ownership or business location requires a new application. B. Said license shall expire biennially on April I after the issuance thereof, unless revoked by the Department of Pen -nit and Inspection Services for cause. C. The biennial fee for a food store license shall be as provided in Chapter 175, Fees. Section 6. Complaints. Written complaints may be received by the Department. Upon investigation, the Department may require a meeting with the owner /operator to determine whether a food store license should be suspended or revoked, or whether a license should be renewed. If outstanding complaints are not resolved, a hearing will be held before the revocation or suspension of the license or renewal is granted. Section 7. Revocation, suspension or non renewal of license. The license of any person, firm, corporation or other entity granted under this Chapter may be revoked or suspended by the Department of Permit and Inspection Services upon determination by the Department, after notice and hearing. A license may not be renewed if, after notice and hearing, it has been determined that a food store owner /operator has not operated such food store in compliance with this Chapter or other applicable laws and codes. Such non renewal shall be issued in writing and may be appealed pursuant to Article 78 of the Civil Procedure Law and Rules. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 68 REVIEW OF NOMINEE FOR APPOINTMENT - BUFFALO ARTS COMMISSION C.C.P., 4/16/02, NO. 2 The Corporation Counsel conferred with the Division of Collections and reports (as verified b- that Division as of April 25, 2002) that the following nominee to the Buffalo Arts Commission has no outstanding debts to the City: Louis M. Ricci, Ph.D. RECEIVED AND FILED NO. 69 REVIEW OF NOMINEE FOR APPOINTMENT - BUFFALO BOARD OF ETHICS C.C.P., 4/16/02, NO. 3 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of April 25, 1 -002) that the following nominee to the Buffalo Board of Ethics has no outstanding debts to the City Eleanor Paterson, Ph.D. RECEIVED AND FILED NO. 70 REVIEW OF NOMINEE(S) FOR APPOINTMENT - CITIZENS ADVISORY COMMISSION ON REAPPORTIONMENT C.C.P., 4/30/02, NO. The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of May 8, 2002) that the following nominees to the Citizens Advisory Commission on Reapportionment have no outstanding debts to the City: Jessie Schnell RECEIVED AND FILED FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 71 RESTAURANT DANCE CLASS III 694 SOUTH OGDEN Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Restaurant Dance Class III License located at 694 South Ogden and find that as to form it is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class III license is being sought and according to the attached Certificate of Compliance, 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 Daniel Poczclwinski. The attached hereto for Daniel Poczclwinski, d /b /a The Beef Station. This request is submitted for your approval or whatever action you deem appropriate. Mrs. LoTempio Moved: That the Commissioner of Permits and Inspection Services be and he hereby is authorized to issue a Restaurant Dance Class III license to Daniel Pocceiwinski aka the Beet Station located at 694 South Ogden. PASSED AYES - 13 NOES -0 NO. 72 SECOND HAND DEALER 23 ALLEN Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attache application for a Second Hand Dealer License located 23 Allen and find that as to form it is correct. I have cause an investigation into the premises for which said application for a second hand dealer license is being sought an according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find I complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Reginald Harris & Patricia Atkinson. The attached thereto for Reginald Harris 4 Patricia Atkinson d /b /a Split Seconds Consignment. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 73 SECOND HAND DEALER 1603 SENECA Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Second Hand Dealer License located 1603 Seneca and rind that as to form it is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Michael Blutstein. The attached thereto for Michael Blutstein d /b /a Two Steins Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 74 SECOND HAND DEALER 2228 SENECA Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Second Hand Dealer License located 2228 Seneca and rind that as to form it is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, rind it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Janette Tadken. The attached thereto for Janette Tadken d /b /a Rent -A Center Inc #01899. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 75 USED CAR DEALER 980 GRANT 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 980 Grant and find that as to form it is correct. I have caused a investigation into the premises for which said application for a used car dealer license is being sought an according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Andrew Pozantides. The attached thereto for Andrew Pozantides d1 b/a Auto Wholesale of WNY. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 76 USED CAR DEALER 164 WEST FERRY 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 t64 West Ferry and find that as to form it is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sough and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I rind I complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Sandra L Foster. The attached thereto for Sandra L Foster d /b /a Sandra's Used Car This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 77 WHOLESALE JUNK DEALER 669 BAILEY 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 669 Bailey and rind that as to form it is correct. I have caused a investigation, into the premises for which said application for a used car dealer license is being sought an according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Vito Verni. The attached thereto for Vito Verni d /b /a Vito's Motorway Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 78 RESIDENCY REPORT Please be advised that as of the date herein, there are seventeen (17) residency investigation: currently open. Of those cases, charges have been filed on seven (7) employees. Hearings for those individuals charged will be scheduled over the next 90 days. If any member has any questions or information to convey, please feel free to contact me Frank Rossi (Residency Officer), at extension 5415. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BOARD OF EDUCATION NO. 79 "RENAME BFLO. VOC. TECHNICAL CTR. (BVTC)" ITEM NO. #183, C.C.P. APRIL 30, 2002 Item #183, C.C.P. April 30,2002, "Rename Bflo. Voc. Technical Ctr. (BVTC)'. Name changes are processed through the Board of Education Executive Committee. I am referring the resolution to Mr. Jack Coyle, Chair of the Committee. REFERRED TO THE COMMITTEE ON EDUCATION FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 80 CREATING A MULTI - CULTURAL CENTER AT WAR MEMORIAL AUDITORIUM ITEM NO. 101 C.C.P. 3/5/02 1 am responding to the resolution # 10. We are proceeding with the redevelopment of the Aud. The Intermodal Transportation Center was recently approved by the FTA and is now proceeding to final design. We also anticipate the designation of a new development team in the near future for the Aud. Once the new development team is in place, we stand ready to work with you and the Common Council on encouraging a local flavor to the project, including an explanation of an ethnic festive place. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY CLERK NO. 81 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name 930 Walden Inc. 930 Walden Inc 150 Babcock 150 Babcock Gould 471 Delaware 471 Delaware 71 -75 W. Chippewa Zoobar Inc 133 Kingsley P1 Larry's Place 56 W. Chippewa St Calumet Inc RECEIVED AND FILED Owner's Name 930 Walden Inc Tami & Gregory Mark A. Turgeon Zoobar Inc Lawrence Wright Calumet Inc NO. 82 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: Mayor /Mayor Executive Strategic Planning- Michael Dickman , Christine Kasianowicz Public Works, Streets & Parks- Sean Sullivan, Deana Lovallo Police- Lissa Redmond Fire- Jay Jordan Permit and Inspection Services- Robert Katilus, Matt -hew Baudo RECEIVED AND FILED NO. 83 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: X Buffalo Sewer Authority X City Planning Board RECEIVED AND FILED. NO. 84 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 April 29, 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/ho Ricky Jenkins, 286 Reed Street, Buffalo, NY 14211 Michael Moss, 54 Montclair, Buffalo, NY 14215 Sam Fasanello, 605 Starin Avenue, Buffalo, NY 14216 Mark Mosca, 588 Dorrance, Buffalo, NY 14218 Mark Staniszewski, 195 Lockwood Avenue, Buffalo, NY 14220 NO. 85 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: April 29, 2002 in the Department of Community Services, Division of Contract Administration to the Position of Attendant Temporary As Required at the: Flat Starting Salary of $6.00 p/h Helen Banks 139 Oxford Buffalo 14209 Carlos Day, 20 Ripley, Buffalo 14213 Jessica Rhooms, 2052 Main Apt D1, Buffalo 14208 CERTIFICATE OF APPOINTMENT Appointment Effective April 29, 2002 in the Department of Police to the Position of Crossing Guard Temporary, Non - Competitive at the Minimum Starting Salary of $7.09 Maria Favata, 376 Sanders Rd., Buffalo, NY 14216 Noreen Davis, 10 Hertel Ave. Apt. 601, Buffalo, NY 14207 Brandy Esford, 63 Trowbridge Ave., Buffalo, NY 14220 Cindy Gilliam, 16 Myers St., Buffalo, NY 14211 Lynette Imperi, 710 Columbus Pkwy., Buffalo, NY 14213 Stephanie Lockwood, 392 Herkimer St., Buffalo, NY 14213 Stephanie Medley, 297 Mortimer St., Buffalo, NY 14204 Kadigah Muhammd, 61 Grider St., Buffalo, NY 14215 Sharon Wells, 69 Camp St., Buffalo, NY 14204 LAST DEPT.: Police DATE: Kristen Maseechia, 54 Wellington Rd., Buffalo, NY 14216 Marie Maseechia, 407 Colvin Ave., Buffalo, NY 14216 Bernice Lee, 312 Rother Ave., Buffalo, NY 14211 Frances Washington, 454 Wyoming St., Buffalo, NY 14215 Luz Laureano, 529 Busti Ave., Buffalo, NY 14201 Debora Fuentes, 46 Lafayette Ave., Buffalo, NY 14213 Karen M. Ganley, 133 Villa Ave., Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment Effective April 19, 2002 in the Department of: Police to the Position of: Report Technician Permanent Appointment at the Minimum Starting Salary of $ 25,903 Susan Gumina, 1022 West Avenue,Buffalo, New York 14213 Amy J. Shepard, 23 Doyle Avenue, Buffalo, New York 14207 Sue A. Steele, 274 Phyllis Avenue, Buffalo, New York 14215 CERTIFICATE OF APPOINTMENT Appointment Effective: April 19, 2002 in the Department of: Police to the Position of Report Technician Temporary Appointment at the Minimum Starting Salary of $ 25,903 Melissa A. Kilcoyne, 102 Woodside Avenue, Buffalo, New York 14220 Frances C. Hanks, 54 Mandan Street, Buffalo, New York 14216 Nicole M. Taylor, 109 Langfield Drive, Buffalo, New York 14215 CERTIFICATE OF APPOINTMENT Appointment Effective: May 6, 2002 in the Department of Public Works, Parks & Streets, Division of Water to the Position of Dispatcher Temporary Appointment at the Minimum Starting Salary of $29,038 Kelly Hahn, 81 Weimar Street, Buffalo, New York 14206 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 86 T. BALLIETT- COMMENTS REAPPORTIONMENT Available for review in the City Clerk's Office. REFERRED TO THE SPECIAL COMMITTEE ON REAPPORTIONMENT NO. 87 N. ECKERT- CONCERNS 182 GARNER AVE This letter is to request immediate action regarding a home at 182 Garner Avenue, Buffalo, NY, 14213 that presents a clear and present danger to the surrounding homes and families. The home has been vacant for about 2 years, has had a fire and numerous break -ins. The owner of the home was removed from the home and is in a different situation. She does not have the capacity to care for this home and nothing has been done, expect boarding it up since she left. The home gets broken into, time and time again, and graffiti has been tagged on the wood that was nailed up over the back door. I know that people are entering the home, the boards have been taken off of the back door and the upstairs windows. I believe the home is being used for drug trafficking or storage of drugs. We have had this home boarded up numerous times and it doesn't stay boarded. Many of the windows have been broken and I have had to clean up the glass in the driveway between the homes. I am extremely concerned that another fire will be started in this home and will damage the homes on each side. The paint is peeling off of the house and most likely contains lead, based on the age and condition of the home. Pigeons are flying in and out of the home, obviously leaving droppings and other unhealthful things in the home. I can see that there is trash, papers and other stuff piled up in the home through the windows. There is garbage in the yard, including a toilet, and the grass and trees are untrimmed and falling all over the property. The house is a fire, health and safety hazard. I have complained through the Mayor's complaint line and called the housing inspection department. They have not responded with a satisfactory solution. I would like this home taken down immediately. Please file this for presentation at the common council meeting. I am copying my council representative so he is aware that it will be coming up for action. Thank you. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PERMITS AND INSPECTIONS, THE CORPORATION COUNSEL AND THE COMMISSIONER OF POLICE AND THE COMMISSIONER OF FIRE NO. 88 M. PRYOR -REQ — ASSISTANCE PARTICIPATION JT SCH CONST PROJECT I hereby submit for filing copies of a letter from Mr. Malcolm D. Pryor, the chairman of Pryor, Counts & CO., Inc., an investment bankers group. Mr. Pryor is requesting assistance for his firm to participate in the Joint School Construction Project for the City of Buffalo. Dear Councilman Fisher: I would like to request your assistance in my firm's participation as financial advisor to the Joint Schools Construction Board for the City of Buffalo. Pryor, Counts & Co., Inc. is an African - American owned and controlled firm that has been active in the financing of tax exempt entities for the past twenty years. We are currently serving in the capacity of financial advisor to the School Reform Commission for the School District of Philadelphia, Pennsylvania. In addition we have participated as senior managing underwriter and as a co- manager for numerous transactions in the State of New York. Your kind attention would be greatly appreciated. REFERRED TO THE COMMITTEE ON EDUCATION, THE BOARD OF EDUCATION AND THEN JOINT SCHOOL CONSTRUCTION BOARD NO. 89 R. GIBSON- COMMENTS REAPPORTIONMENT Dear Honorable Arthur: It is a privilege and an honor to respond to your letter requesting suggestions regarding the future size of the Common Council and the configuration of the Council Districts. As a long time activist and advocate for the City of Buffalo and in view of the fact that the City is in financial crisis with a continued decreased in the City's population, whatever route is taken is bound to leave some people unhappy. I would like to propose the following suggestions: 1) All At -Large Council seats should be eliminated as this is a duplicate service already being performed by the Councilmembers for their respective districts. 2) The Council President position should be eliminated. The Council should elect one of their members as Chairman of the Council thereby maintaining checks and balances and preventing dictatorial control by the mayor. (This would save the taxpayers approximately 300,000 dollars per year.) 3) Eliminate all stipends for chairing committees (since the Councilmembers are already rec7eiving salaries what is the purpose of the additional stipend ?) This would show that elected officials have the City's interest at heart and NOT there own personal motives. (This will save taxpayers approximately 3.4 million dollars). 4) Instead of eliminating police and firefighters, hire more thereby eliminating the need for overtime (paying at the rate of time and a half and sometimes higher). Federal and State monies could be requested for this purpose to avoid Police and Fire Department reduction thereby providing greater protection for our citizens. 5) Departments of Public Works, Streets, Sanitation, Parks and Forestry should be combined eliminating four commissioners who are essentially dealing with the same problems. 6) Cell phones and city owned vehicles for personal use should be eliminated. I would like to additionally comment that if the commissioners had foreseen some of the potential problems with the City's budget while they were revising the City Charter, and had the taxpayers interest been truly at heart rather than politically motivated, the problems we are currently experiencing could have been avoided. REFERRED TO THE SPECIAL COMMITTEE ON REAPPORTIONMENT NO. 90 INSTALL LIGHTS RIVERSIDE PARK This letter is generated in comment to our request to install lights at R'lverside Park. We feel strongly that these lights are necessary for the continued work of our football league. Our football season runs from July until November. From September forward, it becomes darker earlier. We begin our practices at 6:oo pm. The installation of lights will enable us to continue our practices in order to keep the players in shape. By keeping our players in shape, we will be able to reduce or eliminate any injuries they may suffer. The Board of Directors of Black Rock - Riverside Football met with the Olmsted Society and through them the Riverside Park Steering Committee. Both organizations approved our plan for permanent lighting. The cost for the lights and poles is approximately $21,000. We estimate that labor, over and above the electrician, will be approximately $8,000. The electrical labor has been donated by a licensed and insured electrical contractor. All work will be inspected and comply with city codes. Taking this into account, the total cost is $29,000. In older to help pay these costs, the county has set aside $25,000. We will be working through the Northwest Community Center for the distribution of these funds. In addition, our organization will sponsor two large fundraisers in May and July. Thank you for working with us on this project and I look forward -to hearing from you. REFERRED TO THE COMMITTEE ON LEMSLATION, THE CORPORATIN COUNSEL AND COMMISSIONEF PUBLIC WORKS NO. 91 E. BARNES - CONCERNS 1770HERTEL AVENUE Please file the following item with the Buffalo Common Council for the next full council meeting to be held Tuesday, May 14, 2002. I'm writing you in regards to my son Markennis Jackson. On April 23,2002 he went into B -Kwik located at 1770 Hertel Avenue. Upon entering the store to purchase several items the security guard ordered him to check in his book bag at the front counter, which he did. While shopping he was trailed by the security guard through out the store. Markennis went to the register to check out but realized he forgot to grab the ketch -up, he stepped out of line proceeded to pick up the ketch -up, when he turned around the guard was still behind him. My son then stated to the guard that he did not have to follow him. The guards exact words were "Yes I do ". Markennis went back to the check out counter paid for the items and left the store. When he arrived back at home he was very upset and explained to my wife and I what had happened. I returned to the store with my son to discuss this matter with the store manager (Wayne) he stated that he would be with me in a moment and he then went outside. While waiting I asked the guard if I could speak with him. I asked him about the situation and he stated that when my son walked into the store he was told by the store manager to follow him throughout the store. This is not the first time that my son was treated unfairly at this location. I do not think it's fair that we patronize this store nearly everyday only for my son to be treated unfairly. My son is a 15- year -old student that attends Performing Arts; He's a faithful member of Centennial AME Zion Church, where he plays the drums for the Joybells, Gospel choir, Youth and Angelic Voices. Plays basketball for Calvary Baptist church, played little league football for 5 years and has never been in any trouble. He does not hang out on street comers, my son does have long hair but he keeps it braided but that is no excuse to judge a book by its cover. As counsel member of the University District we are asking for your help regarding this matter. REFERRED TO THE CITIZENS RIGHTS COMMISSION NO. 92 H. SPAULDING- SYNCHRONIZATION OF TRAFFIC SIGNALS ON MAIN ST Please file the enclosed correspondence for Tuesday, May 14, 2002 Common Council Meeting. Thank you for your attention to this matter. Dear Mayor Masiello, A simple and relatively low -cost way in which City government could improve the quality of life of Buffalo residents would be to synchronize traffic signals on Main Street so as to improve traffic flow, reduce commute time and improve the fuel economy of our cars which would also reduce fuel emissions. Optimizing traffic flow at 25 mph would be quite safe, in fact it would be safer that the current situation in which some drivers speed in an attempt to "beat" signals. Thank you so much for considering this request. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 93 INFO — ADELPHIA ADVANTAGE /TOTAL ADVANTAGE In this edition of Adelphia Connection, we introduce you to the Adelphia Advantage and the Adelphia Total Advantage, two bundled service packages that help our customers save money when they subscribe to more than one Adelphia service. Our customers get more than new channels and a constant connection to the Internet when they subscribe to Adelphia Digital Cable, Adelphia Power Link and our premium networks they also get one monthly bill, local customer service and a company they trust. 'We've created these packages in an effort to connect all Adelphia customers to the latest technology by offering our combined services at a discounted price. Also included in this issue are great ways to make cable programming a valuable part of our Customers' summer vacation plans. With the extensive variety of programming available across our lineup, Adelphia customers can supplement every outing with wholesome, educational shows. At Adelphia, we encourage our customers to make TV viewing a family affair. It is important to all of us at Adelphia that we provide the very best products and service to all of our customers. Please let us know if you have suggestions as to how we can better serve our customers and the communities we serve. REEIERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS NO. 94 YES NETWORK CHANNEL CHANGES Adelphia prides itself on giving our customers value in the service and programming we offer. The additional -value 'in our programming can be seen by way of the 17 channels added over the past 2 years. The additional networks include: Travel, MSNBC, TV Land, and Hallmark to our Basic Service and National Geographic, Nick Too, Nick Games & Sports, Noggin, MTV2, Style, DIY, Familyland, VH1 Country, VH I Classics, Bravo, Much Music, and MBC to our Digital service and we are not done yet. On Wednesday, May 291 h, the YES Network (Yankees Entertainment and Sports) will launch on a full -time basis in most of our Western New York systems. This valuable service is one that our customers requested. There are 130 Yankee games and other professional and collegiate sports teams as well as classic sports footage to be part of YES's programming schedule. Since we launched the YES network, Adelphia has broadcast only Yankee games on channel 62 as a preview to our customers. We are happy to announce the carriage of the YES network full time beginning May 29, 2002 on channel 70. Our customers will be notified of this change by way of their next billing statement and information displayed on channel 10. To make room for the YES network, we will be making the following channel changes: ESPN2- CH 31 History- CH 51 MSNBC- CH59 Telemundo- CH 60 TV Food- CH 61 TV Land - CH 62 Y ES Network- CH 70 Adelphia's commitment to meeting the entertainment needs of our customers will continue. We look forward to future launches that will provide the added value our customer deserve. REFERRED TO THE SPECIAL COMMITTEE ON TELE- COMMUNICATIONS No. 95 INFO- DRAFT REPORT JOINT SCHOOL CONTRUCTION BOARD Members of the Black Chamber of Commerce of Western New York (BCCW'NY) have taken the time to carefully review the Draft Report from the Inclusion Committee of the Joint Schools Construction Board (JSCB) dated April 8, 2002. From our review of several documents pertaining to the JSCB's Capital Program, it is clear that the emphasis of the program is not merely construction and renovation; rather it is on economic development throughout the City of Buffalo. The BCCWNY has found the proposed draft of the Development and Diversification Plan for Workforce and Businesses to be seriously flawed and, in substantial part, it undermines the stated objectives of the JSCB as they relate to economic development and to assisting underrepresented populations that are involved in business enterprises and seeking to participate in the Capital Program. We address problems that we have found with the document, and the Inclusion Committee's reasoning process below. First and foremost, the concept of "alternative diversification plans," as described in the cover letter accompanying the report and in the draft, is totally unacceptable. It defeats the whole purpose of establishing Minority and Women Business Enterprise (MM/BE) and Minority and Women Workforce (MWW) goals. in effect, the proposal to allow contractors to submit alternative diversity plans when they claim not to be able to meet either their MM/BE or MWW goals, amounts to authorizing waivers of the MM/BE or MWW goals. Even more disturbing is the recommendation that " ... the JSCB will entertain diversification plans that combine workforce and MM/BE to hit the 30% goals that are being projected." There is a combined MM/BE goal of 30% and a combined MWW goal of 30% for the project. If the JSCB were to entertain diversification plans that combine MM/BE and workforce to attain a 30% goal, it would essentially undermine the objectives that are meant to promote aggressive goals for participation by under represented populations. We find that the sections that describe sanctions to be imposed by the JSCB in cases where a prime contractor fails to maintain the MM/BE or MWW goals does not go far enough. Instead of using the permissive term "may," it is important that sanctions be understood to be mandatory. Consequently, the term "may" in Section 11 (3) under the Workforce Development and Diversification Rules and Section 11 (8) should be changed to "shall." It is critically important that contractors know that they will be penalized if they attempt to discriminate against minorities and women, no matter whether in the business or workforce sectors. We have also noted the use of the term "qualified" to refer to MM/BEs. It is our position that all references to "qualified" be changed to "certified." The use of the term "qualified" presents opportunities for subjective decisions that could lead to the improper exclusion of MM/BEs. The use of the term "certified" is more appropriate because it is based upon objective criteria and it is a require -right for participation in the Capital program. Prime contractors will be less likely to claim they cannot meet their goals if they are encouraged to rely on lists of certified MM/BEs. In defining the goals of the MWW, the Workforce Development and Diversification Rules indicate the Minority Workforce goal is "23% of trades, including trainees and supervisory staff and the Female Workforce goal is 7% of trades, including trainees and supervisory staff." The use of "trades" is misleading because it suggests that the goals only apply to members of the workforce who are employed in construction. We recommend that "trades" be dropped because the workforce goals apply to all aspects of the Capital Program, not merely to construction - related trades. In our view, it is important that the JSCB adhere to the goals of the Development and Diversification Plan for Workforce and Businesses. With this in mind, all projects coming out of the JSCB must include the MM/BE and MWW goals specified in the Diversification plan. As a matter of course, the goals should be included in all bid specifications. Overall, the BCCWNY finds that the Development and Diversification Plan for Workforce and Businesses, in its current form, has the potential to facilitate discrimination against minorities and women, instead of providing opportunities for these under represented groups, Moreover, there appears to be an underlying emphasis on workforce and a de- emphasis on MM/BEs. It is the BCCWNY's position that the Capital Program has the potential to provide significant and enduring economic development benefits throughout the city of Buffalo. With the implementation of a strong Development and Diversification Plan for Work force and Businesses, f we foresee the growth and development of many strong African American businesses and the development of new businesses over the course of the next 10 years. This will not occur if the focus is primarily on providing jobs and not on providing opportunities for MM/BEs. We need both, but if the primary emphasis of the Capital Program is to provide jobs for minorities and women, when the program is over, those jobs will disappear. On the other hand, with the growth and development of MM/BEs, businesses will be nurtured that will provide jobs long after the Capital Program is over. The BCCWNY urges the JSCB to revise the Development and Diversification Plan for Workforce and Businesses to eliminate the problem areas outlined in this letter. In addition, I am enclosing a document that was developed by BCCWNY that contains recommendations that we have for the project overall. This document was developed over the past few months with input from members, contractors and other interested individuals. We are certain that recommendations contained therein will strengthen the Capital Program by assuring there will be meaningful opportunities for African Americans and other minorities. Finally, we submit this letter and the enclosed document in the spirit of cooperation and we sincerely hope that our recommendations will be adopted by the JSCB. REFERRED TO THE COMMITTEE ON EDUCATION NO. 96 OPPOSE REMOVAL OF GREEN SPACE LORRAINE ACADEMY Please file the enclosed correspondence on behalf of the Belveder Choate Block Club in the South District for the Council meeting of May 14, 2002. If you have any additional questions, comments or concerns please do not hesitate to contact me. We the members of the Belvedere Choate Lorraine Block Club, which is made up of approximately 90 families, are vehemently opposed to the removal of the green space in front of the Lorraine Academy, PS # 72, the Belvedere Road side of the aforementioned school. We understand that the apron to the parking lot needs be widened because of rut problems, however, a 3 foot widening should adequately address this concern. Green Space is an amenity that makes city life pleasing. At a time when we should be looking for ways to increase green space how can the Buffalo Board of Education even think about decreasing it. We want your support in this matter to guarantee that our green space will NOT be sacrificed. We stand united against the Board's proposed actions. We respectfully request a prompt response to this letter. REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION NO. 97 COMMENT REAPPORTIONMENT Thank you for the information given to us at the Delavan /Grlder Community Center. I am writing about a few observations I made regarding the maps showing the shift of population out of the city. I am not surprised ! I travel north and south of the city and I surely do not see neighborhoods with boarded up buildings, unboarded up buildings, pot holes, poor lighting, untrimmed trees, many vacant unkept lots, lack of Interest by homeowners and absentee landlords, lack of shopping facilities. No wonder the population In the center of the city, the east and the west have shifted. Before counclimatic districts are cut I ask that you consider finding a way to build these neighborhoods because the population decreases everyday. You and I know how hopeless people feel these past years. We have to deal with landlords who don't cars, don't know that their houses are being used for drug dealing- because how else could a large number of young people live In their houses. Lots find ways to encourage our youth to stay In school to be educated for the future -there are too many youth just roaming the streets all day long. I know that downtown Is focusing on housing -that is good ... but If the areas all around the downtown, east and west are neglected we will still have a poor Image and the population will still not Increase . Lets work out a plan to build all around this once great city and you will find a strong viable city and neighborhoods to compliment the population. WHAT WE REALLY NEED 13 NOT TO HAVE DISTRICTS ACCORDING TO POPULATION BUT ACCORDING TO NEED TO BUILD THIS CITY. I am sending this communication to Brian Davis who Is the councilmen In the Ellicott District where my Church Is located and where I work. Also to Antoine Thompson of the Masten District where I live. Lets have a vision of how to build a strong city with strong neighborhoods. REFERRED TO THE SPECIAL COMMITTEE ON REAPPORTIONMENT NO. 98 CREATING MULTI CULTRAL CENTER AT WAR MEMORIAL AUDITORIUM I am responding on behalf of Buffalo Place Inc. to your recent request regarding "Creating A Mullti- Cultural Center at War Memorial Auditorium ". Buffalo Place Inc. would be pleased to participate in discussions regarding the feasibility of creating a Multi- Cultural Center in Downtown. Please let us know when and where. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 99 COMMENTS CITY BUDGET On behalf of the Citizen Advisory Group -to the Police Commissioner (CAG), I respectfully submit five points of extreme importance to the members of the CAG regarding the city budget. Please review the issues presented in the letter. It is the belief of our membership that these issues will have a direct impact on policing in the City of Buffalo. Information Technology: It is imperative that this area maintains itself in term of upgrades, supplies, equipment, maintenance and staffing levels. As you are aware, these crucial expenditures sustain the significant investment the police department has already made. Information Technologies cannot be allowed to languish in the present regardless of proposed future consolidation and any current duplication should be given long -range consideration. Legislative Action: We encourage your honorable body to impress on elected officials in Albany that relief from the burdensome requirements of the Taylor Law and amendments to the General Municipal Law 207 a &c are worthwhile iniatives that can and should be adopted. Current unfounded mandates cost the city thousands of dollars. Common sense dictates that these dollars could be better spent on police services. Further, we implore you to continue to identify resources that will assist the Buffalo Police Department. One Officer Cars: The CAG has promoted the use of one - officer cars in every position paper submitted to the Mayor and Common Council since 1995. We can only stress that our support for this iniative for BPD has not wavered. The time has come for this to become reality. Programs for Youth: The primary mission of the CAC's Youth and Police Committee is to promote positive and rewarding relationships between young people and law enforcement. Our members have worked side by side with BPD personnel at many training's that have a positive effect on youth. We are aware that BPD sponsored youth programs are in jeopardy with the impending layoff of Police Officers. The layoffs will put the police department in the position of providing basic police services only. Grant funded youth initiatives such as the G.R.E.A.T. program will cease. Further, the department will be seriously handicapped in applying for grant dollars because it will not have the necessary personnel to conduct vital educational training. It's easy to reduce spending, but it's difficult to turn a child around once they've experienced the nastier aspects of hanging out on the streets. We stress that the safety of all city residents, with an emphasis on youth, must continue to be a factor in difficult budget decisions. Consolidation of Central Booking: The consolidation of Central Booking has been studied for several years. The CAG has listened to elected officials explain the benefits of consolidation focusing on the aspects of cost saving. We've been told that the process would not be too difficult to complete. The issue of consolidation should be resolved once and for all. Finally, we have had numerous meetings with Commissioner Diina and his staff regarding the tough budgetary decisions faced by the police department. It is apparent to us that the department is fiscally responsible and managed as a cost - effective business. In terms of crime reduction, Community policing programs, dramatic cuts in overtime, better discipline, cutting edge training, the police department is the most proactive and best managed entity in the City of Buffalo. Most importantly, the creation of a strategic planning committee speaks volumes about the seriousness of the department to assure the public, that while redefining operations, providing essential services in a professional manner is the number one priority. If you need further clarification, please contact me at 82 1 -9331 or CAG Coordinator Michele Graves at 851 -4112. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 100 STRATEGIC PLAN MASTEN DISTRICT Please file enclosed document with the City Council for the upcoming meeting. Copy available in City Clerk REFERRED TO THE COMMITTEEON COMMUNITY DEVELOPMENT NO. 101 CONCERNS MONITORING ELECTRONIC SECURITY SYSTEMS This letter is to express our concern regarding the Bid #O 1 -02 -045, Specifications and Bid Form for Monitoring of Electronic Security Systems as distributed by the Board of Education, Bureau of Purchase. The aforementioned bid provides an opportunity to monitor and maintain up to 79 Buffalo Public Schools. The bid package does not include any specific MinorityM/omen Business Enterprise (MM/BE) or MinorityM/omen Workforce goal requirements for bid participants. Per my conversation with buyer, Michael S. Yeates regarding the lack of guidelines, on April 23, 2002, he stated that based on a legal challenge of California affirmative action laws in 1994, BOE would be exempt from requiring contractors to comply with MM/BE and MinorityM/omen Workforce participation guidelines. Should the position of Mr. Yeates be determined accurate, it is my desire that BOE as a unit, consider immediate utilization of the MM/BE and MinorityM/omen Workforce goals as enforced by the Joint Schools Construction Board and implemented in their bidding process. Moreover, it is my expectation that all the participants in this bid will receive notification of, the missing MIWBE and MinorityM/omen Workforce guidelines, or, that the bid is delayed until the guidelines can be incorporated and redistributed as a part of the bid package. The BOE and the City of Buffalo should consider every bid as an Economic Development Opportunity, demanding diversified participation on every project. The implications of endorsing such a concept would result in a positive impact of exponential proportions. Consequently, the economic development of MM/BE's and MinorityM/omen workforces, in the Buffalo area could receive the long awaited "shot in the arm" that it so desperately needs and deserves. The City of Buffalo can only be as strong as its weakest link, and in my view, there are many weak links in the City that deserve the opportunity to become a strong part of the chain, and fortified with the commitment of fair play by the City of Buffalo and the BOE. With the prompt implementation of MM/BE and MinorityM/omen Workforce goals, Buffalo will surely rise from being ranked as the nations worst in the promotion of diversity in local project participation, to that of a level worthy to be upheld as a Nation's proud example. Thank you for your consideration on this matter. REFERRED TO THE COMMITTEE ON EDUCATION NO. 102 SHIFT RESOLUTION BETWEEN EMPIRE ZONES Please note the attached opinion letter from Empire Zone counsel Robert Ryan. The opinion states that a shift resolution is not required when a business moves its operations (in whole or part) from one Empire Zone location within a zone to another location within that Empire Zone or from one location in an Empire Zone to a location in another Empire Zone. Thus any companies moving from a City of Buffalo Empire Zone to a Tonawanda, or Lackawanna Empire Zone will not require municipal approved. Similarly any companies moving from Tonawanda or Lackawanna Empire Zone will not require their respective municipalities approval. Further a "shift of operation" resolution will not be required if a business moves from one Empire Zone location in the City of Buffalo to another Empire Zone location in the City. RECEIVED AND FILED NO. 103 INTERMODAL TRANSPORTATION CENTER PROJECT The purpose of this letter is to inform you of the public information meeting that will be held at 6:00 PM on May 2, 2002 at Erie County Community College regarding the Buffalo Intermodal Transportation Center project. We are participating in a public outreach program to inform as many citizens in the Buffalo area as possible about this project. The enclosed public notice describes the purpose of the project and how to obtain further information. If you could distribute or post the enclosed public notice at your location it would be greatly appreciated. If you have any further questions regarding this public meeting notice or the project, please contact either of the listed individuals at Wendel Duchscherer, Don Gray at 882 -0100 or Jill A. Frommert at 688 -0766. RECEIVED AND FILED NO. 104 B. Baurnker, Agent, Use 652 South Ogden for a Pole Sign, No Public Hearing Required REFERRED TO THE COMMISTEE ON LEGISLATION, THE CITY PLANNING BOARD, THE DIRECTOR OF STRATEGIC PLANNING AND THE CORPORATION COUNSEL PETITIONS NO. 105 M. ALETTO, AGENT, USE 456 ELMWOOD TO ERECT A 3200 SQ. FT. MASONRY CONVENIENCE STORE /GASOLINE FACILITY. (HRG. 5/21) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 106 B. Baumker, Agent, Use 2589 Bailey for an Illuminated Pole Sign(Hrg 05/21/2002) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARDCOMMISSIONER OF STRATEGIC PLANNING AND THE CORPORATION COUNSEL. NO. 107 J. Dibernardo, Owner, Use 520 Elmwood for a Sidewalk Cafe(Hrg 0,5/21/2002) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD COMMISSIONER OF STRATEGIC PLANNING AND THE CORPORATION COUNSEL. NO. 108 SUPPORT RESIDENCY ISSUE Enclosed you will find 1009 signatures supporting the City of Buffalo residency issue, submitted by Councilmember-at - Large Charley H. Fisher, III. REFERRED TO THE COMMITTEE ON EDUCATION NO. 109 SAVE 735 HUMBOLDT PARKWAY WE THE UNDERSIGNED STRONGL OBJECT TO ANY PLANS OR INTENTIONS BY THECITY OF BUFFALO TO SELL 755 HUMBOLDT PKWY. TO ANY PRIVATE ENTERPRISE. 735 HUMBOLDT HAS BEEN THE HOME OF THE MASTEN CAO CENTER AND OTHER COMMUNITY ACTIVITIES FOR OVER 25 YEARS AND RESIDENTS OF THE MASTEN DISTRICT CONSIDER THE CENTER A PLACE WHERE THE Y CAN GO TO FIND INFORMATION AND HELP ANY PROBLEM THEY MIGHT BE HAVING. THE LOSS OF THIS COMMUNITY FACILITY WOULD DEAL A DEVASTATING BLO W TO A COMMUNITY THAT ALREADY SUFFERS FROM TOTAL DISREGARD AND DISRESPECT FROM CITY GOVERNMENT. WE IMPLORE THE COMMON COUNCIL TO STOP ANY PLANNING BEING DONE TO SELL 735 HUMBOLDT PKWY. AND HONOR THE MANY PROMISES MADE FOR YEARSTO MAKE AVAILABLE THE FUNDS NEEDED FOR ITS RENOVATION AND LONG IGNORED. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 110 OPPOSE LAYOFF POLICE FIREFIGHTERS WE THE RESIDENTS OF THE CITY OF BUFFALO ARE NO LONGER WILLING TO SUFFER THE EFFECTS OF POOR & INSENSITIVE PLA1 NNING, WE OPPOSE THE LAYOFF OF ANY POLICE OFFICERS OR FIREFIGHTERS, REFERRED TO THE COMMITTEE OF THE WHOLE Regular Committees Civil Service (Marc A. Coppola, Chairperson) NO. 111 L. VanDusen- Concerns - Employment Status - Dispatcher (Water) (CCP #89 -Apr. 16, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 112 Notices of Appointment- Temp. /Prov. /Perm. (C. Clk.) (CCP #76 -Apr. 3 0, 02) That the above item be and the same hereby is received and filed. ADOPTED Finance (Betty Jean Grant, Chairperson) NO. 113 R. LoTempio -Co. Prop, Tax Rate for COB (CCP #37 -Jan. 8, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 114 R. LoTempio -Tax Rate for COB - Related Info. (CCP #65 -Feb. 19, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 115 2002 COUNTY PROPERTY TAX RATE FOR CITY OF BUFFALO (ASSESS.) (CCP# 23 JAN. 22, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 116 W. Allen -Gar Associates, Inc. -City of Buffalo County Property Tax (CCP #69 -Jan. 22, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 117 COB Streets Dept. Trade -In Summary 2001 -02 (PW) (CCP #38 -Apr. 30,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 118 Lease - Buffalo & Erie County Public Library (Item No. 10, C. C. P., Apr. 16, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio Moved: That the Executive Director of Strategic Planning be, and he hereby is authorized to enter into a lease between the County of Erie and the Buffalo & Erie County Public Library, for use of various branch libraries: 1 This is a five (5) year lease agreement to commence on January 1, 2002 and expire December 31, 2007. 2. There shall be no rent charged by the City of Buffalo. 3. The Buffalo & Erie County Public Library shall be responsible for all costs of maintaining except that the City of Buffalo shall be responsible for Capital Improvements. 4. The Buffalo & Erie County Public Library shall be responsible for utilities based upon square footage between library purposes and other purposes. 5.The Buffalo & Erie County Library will provide general liability insurance subject to the approval of the Corporation Counsel for the City of Buffalo. That the Mayor be, and he hereby is authorized to execute the same. PASSED. AYES -13- NOES -0 No. 119 Renew Lease Agreement - Central Referral Service (Item No. 10, C. C. P., Apr. 3 0 2002) That the Executive Director of Strategic Planning be, and he hereby is authorized to renew the lease between the City and Central Referral Service, Inc., for use of the 24 th Floor of City Hall, 65 Niagara Square for an additional one (1) year term commencing on April 1, 2002 and expiring March 31, 2003. That the Corporation Counsel be authorized to prepare the necessary lease renewal and that the Mayor be authorized to execute the same. Passed AYES -13- NOES -0 NO. 120 LEASE AGREEMENT - PORTION 104 MARYLAND (ITEM NO. 11, C.C.P., APR. 30, 2002) That the Executive Director of Strategic Planning be, and he hereby is authorized to renew the lease between the City and Douglas Ruffin, Executive Director of Erie Regional Housing Development, for use of a portion of 104 Maryland for an additional two terms of six months each commencing on December 1, 2001 and expiring May 31, 2002 and for an additional six months from June 1, 2002 and expiring November 30, 2002. That the Corporation Counsel be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same. PASSED AYES -13 NOES -0 NO. 121 OPERATION OF DELAWARE AND BRODERICK PARKS CONCESSIONS (ITEM NO. 45, C. C.P., APR. 3 0, 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 enter into a one -year lease, with four (4) mutually agreeable one -year renewal options, between the City of Buffalo and the Police Athletic League for the operations of concessions at Delaware and Broderick Parks. PASSED AYES -13 NOES -0 NO. 122 J. GOLOMBEK -A. BARRETT /0 -REQ. NIAG, ST. /CROWLEY AVE. BASEBIL DIAM. REALIGNED (CCP# 111 JUNE 26, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 123 A. BARRETT & O- RIVERSIDE PARK BASEBALL DIAMOND (PW) (CCP #22 -JULY 10, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 124 J. GOLOMBEK -A, BARRETT & O- CROWLEY AVE. PETITIONS (PW) (CCP #39 -MAR. 5, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 125 0. ADAMS-INFO.-DEMO., BILLS, ETC. -239 REED ST. (PERTMITS /INSP.) (CCP #53 FEB. 19, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 126 0. ADAMS-INFO.-DEMO., BILLS, ETC. -239 REED ST. (PERTMITS /INSP.) (CCP #58 -MAR. 19,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 127 RESULTS OF NEGOTIATIONS - 55 AND 61 CHALMERS, 2335 FILLMORE AVENUE (ITEM NO. 13, C. C. P., APR. 3 0, 2002) That the offer from the Buffalo Economic Renaissance Corporation, in the sum of Sixty -Four Thousand and Four Hundred Dollars ($64,400.00) for the purchase of 55, 61 Chalmers and 2235 Fillmore Avenue, 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. 128 RESULTS OF NEGOTIATIONS - 639 WOODLAWN AVENUE (ITEM NO. 12, C.C.P., MAR. 19, 2002) That the offer from Charles 1. Price, residing at 639 Woodlawn Avenue, in the sum of One Thousand Dollars ($1,000.00) for the purchase of 639 Woodlawn Avenue, be and is hereby 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. 129 RESULTS NEG. -2193 S. PARK AVE. -FMR. SCH. #29 (AKA 2219 S. PARK) (STRAT. PLAN.) (CCP #15 -APR. 30,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 130 NEGOTIATE SALE -2219 S. PARK AVE, (CCP #178 -APR. 16,02) That the above item be and the same hereby is received and filed. ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. NO. 131 D. JUN, PETITION TO USE 3112 MAIN STREET - EXTENSION OF EXISTING PATIO PERMIT (ITEM NO. 99, C. C.P., APR. 3 0, 2002) That after the public hearing before the Committee on Legislation on May 7, 2002, the petition of D. Jun, owner, for permission to use 3112 Main Street for an extension of existing patio permit be, and hereby is approved. PASSED AYES -13 NOES -0 NO. 132 K. PEINKOFER, PETITION TO USE 488 FRANKLIN - RESTAURANT /OUTDOOR PATIO (ITEM NO. 101, C. C. P., APR, 3 0, 2002) That after the public hearing before the Committee on Legislation on May 7, 2002, the petition of K. Peinkofer, agent, for permission to use 488 Franklin for a restaurant /outdoor patio be, and hereby is approved subject to the conditions by the Preservation Board and other conditions: 1. That no outside music is permitted on the patio. 2. That no trash receptacles are allowed on the patio. 3. That the outdoor patio closes at 11:00 p.m. PASSED AYES -13 NOES -0 NO. 133 C. CHENG, PETITION TO USE 217 NORTH STREET - CHANGE OF USE FOR RESTAURANT (ITEM NO. 90, C.C.P., APR. 16, 2002) That after the public hearing before the Committee on Legislation on May 7, 2002, the petition of C. Cheng, owner, for permission to change the use of 217 North Street for a restaurant be, and hereby is approved. PASSED AYES -13 NOES -0 NO. 134 D. SCHEID, PETITION TO USE 660 OHIO - FILLING BUILDING FOR ADHESIVES WITH BULK STORAGE FACILITY (ITEM NO. 9 1, C. C. P., APR. 16, 2002) (ITEM NO. 137, C.C,P., APR. 30, 2002) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 135 I. MEMON, PETITION TO USE 31 STONE - CEMETERY AND STORAGE (ITEM NO. 104, C. C.P., MAR. 19, 2002) That after the public hearing before the Committee on Legislation on March 26, 2002, the petition of 1. Memon, agent, for permission to use 31 Stone for a cemetery and storage be, and hereby is approved. On Condition that the headstones are flat. PASSED AYES -13 NOES -0 NO. 136 A. (SIC) 1. MEMON, AGT. USE 31 STONE -NEW CEMETARY (PLAN BD.) (CCP #9 -APR. 2, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 137 A. BODAMI, AGT, USE 1390 S. PARK 5 " BERM ON INSIDE LOT (HRG 1/29/) CCP# 94 JAN 22, 02 That the above item be and the same hereby is received and filed. ADOPTED NO. 138 APPT.- MEMBER -CIT. ADV. COMM. ON REAPPORTIONMENT (MAYOR) (CCP# I -APR. 20, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 139 B. SHEMANCIK - URS PARKING METER PILOT PROJECT (ITEM NO. 95, C. C.P., MAR. 19, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 140 ELM. OF NO PKG. RESTRICTIONS (CCP #185 -SEPT. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 141 FIRE ALARM SYSTEMS (ITEM NO. 147, C. C.P., APR. 2, 2002) (ITEM NO. 150, C.C.P, APR. 30, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislati6n. ADOPTED NO. 142 K. PIAZZA - REMOVAL OF FREE PARKING FOR DISABLED (ITEM NO. 8 6, C. C. P., APR. 3 0, 2002) That the Common Council does hereby endorse the views of Kris Ann Piazza as they relate to free parking for the disabled population. ADOPTED AYES - BONAFACIO, COPPOLA, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, GRAY, LOTEMPIO, MARTINO, PITTS — 10 NOES — FISHER, GRANT, THOMPSON - 3 NO. 143 RESTAURANT DANCING CLASS I - 1683 MAIN STREE (ITEM NO. 63, C.C.P., APR. 30, 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 150 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Restaurant Dancing Class I License to Thomas Higgins, d /b /a The Grind located at 1683 Main Street. PASSED AYES -13 NOES -0 NO. 144 SIDEWALK CAFE EXPANSION - 252 DELAWARE AVENUE (ITEM NO. 40, C.C.P., APR. 30, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislati6n. ADOPTED. NO. 145 SIDEWALK CAFE EXPANSION - 520 ELMWOOD AVENUE (ITEM NO. 4 1, C. C.P., APR. 3 0, 2002) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Jon DiBernardo, owner of LeMetro Restaurant, located at 520 Elmwood Avenue, for the installation of the expanded sidewalk caf6, for a total of 20' x 6', provided all conditions in the original approval (Item No. 177, C.C.P., November 26, 1996) are met and subject to the following conditions: 1. That there be no outside music permitted on the sidewalk caf6. 2. That the sidewalk cafe closes no later than 11:00 p.m. 3. That there be no outside trash receptacles permitted on the sidewalk cafe' PASSED AYES -13 NOES -0 NO. 146 SIDEWALK CAFE EXPANSION - 1292 HERTEL AVENUE (ITEM NO. 32, C.C.P., APR. 16, 2002) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Ms. Susan Semeraro, owner of Romeo's Cafe, located at 1292 Hertel Avenue, for the installation of the expanded sidewalk caf6, for a total of 28' x 8', provided all conditions in the original approval (Item No. 156, C.C.P., July 11, 2000) are met and subject to the following conditions: 1. That there be no outside music permitted on the sidewalk cafe. 2. That the applicant is responsible for trash removal. 3. That the sidewalk cafe closes at 11:00 p.m. weeknights and 1:00 a.m. weekends. PASSED AYES -13 NOES -0 NO. 147 SIDEWALK CAFE - 503 FRANKLIN STREET (ITEM NO. 47, C.C.P., APR. 30, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Dominic Fugazi, owner of a cocktail bar located at 503 Franklin Street, to install a sidewalk cafe, which would encroach city right -of -way at said address, subject to the following conditions: 1. 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 twenty feet (20') 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 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. 8. That there be no outside trash recepticles on the sidewalk cafe' 9. That there be no outsidemusic on the cafe 10. That the cafe' close by 11 pm on weeknights and 1 am on weekends PASSED AYES -13 NOES -0 NO. 148 SIDEWALK CAFE - 1009 ELMWOOD AVENUE (ITEM NO. 49, C.C.P., APR. 30, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to James Edwards, owner of Edrito's Restaurant, located at 1009 Elmwood Avenue, to install a sidewalk cafe, which would encroach city right -of -way at said address, subject to the following conditions: 1. 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 twenty feet (20') in length or extend more than nine feet (9') 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. 149 SIDEWALK CAFE - 1274 LOVEJOY STREET (ITEM NO. 50, C.C.P., APR. 30, 2002) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Jeffrey DeBergalis, owner of Lovejoy's Bar, located at 1274 Lovejoy Street, to install a sidewalk caf6 and awning, which would encroach city right -of -way at said address, subject to the following conditions: 1. 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 twenty -two feet (22') in length or extend more than six feet (6) 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 and /or awning. 8. That no outside music be permitted on the sidewalk caf6. 9. That the sidewalk cafe close no later than 11:00 p.m. 10. That there are no outside trash receptacles permitted on the sidewalk cafe. PASSED AYES -13 NOES -0 NO. 150 SIDEWALK CAFE - 995 NIAGARA STREET (ITEM NO. 5 1, C.C.P., APR. 30, 2002) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Thomas Murphy, owner of JT Murphy's Restaurant, located at 995 Niagara Street, to install a sidewalk caf6, which would encroach city right -of -way at said address, subject to the following conditions: 1. 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 thirty -two feet (32') 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 -or -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. 8. That the conditions as set by the City of Buffalo Planning Board be met. 9. That five feet (5') of unobstructed vertical sidewalk clearance remain. PASSED AYES -13 NOES -0 NO. 151 SIDEWALK CAFE - 49 WEST CHIPPEWA STREET (ITEM NO. 52, C.C.P., APR. 3 0, 2002) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Jim Valenti, owner of Liars Bar, located at 49, West Chippewa Street, to install a sidewalk caf6, which would encroach city right -of -way at said address, subject to the following conditions: 1 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 thirty -two feet (32') 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 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. 8. That there be no outside music permitted on the sidewalk caf6. 9. That there be no trash receptacles permitted on the sidewalk caf6. 10. That four feet (4) of unobstructed vertical sidewalk clearance remain after the installation of the railing. 11. That the sidewalk cafe closes at 12:00 a.m. weeknights and 1:00 a.m weekends. PASSED AYES -13 NOES -0 NO. 152 SIDEWALK CAFE - 62 ALLEN STREET (ITEM NO. 54, C.C.P., APR. 30, 2002) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Kevin Peinkofer, owner of Fiddleheads, located at 62 Allen Street, for the installation of a sidewalk caf6, provided all conditions in the original approval (Item No. 40, C.C.P., May 30, 1995) are met. PASSED AYES -13 NOES -0 NO. 153 INFORMATION KIOSK - ELMWOOD AVENUE AND NORTH STREET (ITEM NO. 33, C.C.P., APR. 16, 2002) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Ms. Nancy Pollina, on behalf of Forever Elmwood and in conjunction with the University of Buffalo's School of Architecture and Planning, for the installation of an information kiosk located partially on private property occupying a space approximately 15' long by 6' wide and constructed of 1 1/2" steel pipe and concrete, subject to the following conditions: 1 . That the applicant obtains any and all other City of Buffalo permits including a building permit from Room 301 City Hall. 2. That the information kiosk be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. That no portion of the information kiosk be installed within I V of the west curbline of Elmwood Avenue. 4. That the applicant be responsible for maintenance of the information kiosk as long as it remains in the City right -of -way. 5. That in the event that the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City of Buffalo, said Commissioner may order the immediate removal of the encroachment as described in Chapter 413 -67 (F) of the City Ordinances. 6. That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said information kiosk. PASSED AYES -13 NOES -0 NO. 154 B. GRANT -D. MOODY - CONCERNS - LISBON AVE. (CCP #70 -APR. 16,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 155 B. GRANT -D. MOODY - CONCERNS - LISBON AVE. (PERN- KS /INSP.) (CCP #62 -APR. 30, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 156 NOTIFICATION SERIAL #9396, INSTALL NO STANDING ON COLVIN AVENUE, ETC. NOTIFICATION SERIALS #9397 & 9398 (ITEM NO. 26, C.C.P., APR. 16, 2002) That pursuant to Subdivision 24 of Section 15 of Chapter 479 of the Code of the City of Buffalo, the changes to the traffic ordinances (Chapter 479 of the City Code) is hereby denied as pertaining to Notification No. 9396; and As pertaining to Notification Nos 9397 & 9398 as more fully described in the above communication are received and filed. ADOPTED. NO. 157 R. KLEIN -DELTA SONIC -REQ. APPEAL PLAN DEC. -CAR WASH EXPANSION -1264 MAIN ST. (CCP #90 -APR, 30, 02) That the above item be and the same hereby is received and filed. ADOPTED COMMUNITY DEVELOPMENT (ANTOINE M. THOMPSON, CHAIRMAN) NO. 158 B. CACCIOTTI - LOVEJOY DISTRICT NEIGHBORHOOD REVITALIZATION SVS. INC. PROP. BUDGET -HSG. DELIVERY (ITEM NO. 78, C.C.P. MAR. 19, 2002) That the above item be and the same hereby is received and filed. ADOPTED. NO. 159 TRANSFER OF TITLE -URBAN HOMESTEAD -51 ADA PLACE (ITEM NO. 16, C.C.P. APR. 2, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thompson moved: That the city -owned property commonly known as 51 Ada Place, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mrs. Clara O'Neal, residing at 49 Ada Place, in the amount of $1.00 (One Dollar) and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED. AYES -13. NOES -0. NO. 160 TRANSFER OF TITLE, URBAN HOMESTEAD - 505 GOODYEAR STREET (ITEM NO. 17, C. C. P., APR. 30, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thompson moved: That the city -owned property commonly known as 505 Goodyear Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Joe E. Brown, residing at 507 Goodyear Street, in the amount of $ 1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED. AYES -13. NOES -0. NO. 161 TRANSFER OF TITLE, URBAN HOMESTEAD - 45 KOONS AVENUE (ITEM NO. 19, C.C.P., APR. 30, 2002) That the city -owned property commonly known as 45 Koons Avenue, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Thomas A. Raszewski, residing at 41 Koons Avenue, in the amount of $ 1. 00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED. AYES -13. NOES -0. NO. 162 TRANSFER OF TITLE, URBAN HOMESTEAD - 895 & 901 NORTHAMPTON (ITEM NO. 14, C.C.P., MAR. 5, 2002) (ITEM NO. 144, C. C. P., MAR. 19, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thompson moved: That the city -owned properties commonly known as 895 and 901 Northampton, are hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said properties to Ms. Madalyn Mcllwain, residing at 899 Northampton, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and Maintained in a sanitary manner. Passed. AYES -13. NOES -0. NO. 163 TRANSFER OF TITLE, URBAN HOMESTEAD - 136 STEVENS STREET (ITEM NO. 19, C.C.P., APR. 2, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thompson moved: That the city -owned property commonly known as 136 Stevens Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Joel A. Dean, Sr., residing at 1318 Stevens Street, in the amount of $ 1. 00 (One Dollar) and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. Passed. AYES -13. NOES -0. NO. 164 TRANSFER 341 DELAWARE AVENUE - BUFFALO URBAN RENEWAL AGENCY (ITEM NO. 179, C.C.P., APR. 30, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thompson moved: That the Common Council authorize the transfer of title of 341 Delaware Avenue, the former Asbury Delaware Methodist Church, from the City of Buffalo to the Buffalo Urban Renewal Agency; and That the Corporation Counsel prepares the necessary documents for the transfer of title and that the Mayor be authorized to execute the transaction. PASSED. AYES -13. NOES -0. NO. 165 TRANSFER OF TITLE - 403 SWEET AVENUE (ITEM NO. 11, C.C.P., APR. 16, 2002) That the above mentioned item be and the same is hereby received and filed. ADOPTED. RESOLUTIONS NO. 166 By: Messrs. Bonifacio and Fontana REQUESTING STATE AUTHORIZATION FOR MUNICIPALLY-OWNED GAMBLING IN BUFFALO Whereas: Casino gambling could revitalize Buffalo, and generate much needed revenue for the City of Buffalo, and Whereas: New York State has reached an agreement with the Seneca Nation that will provide local municipalities a share of approximately 6% of the benefits, with the State of New York and the Seneca Nation receiving the greatest benefit; and Whereas: The City of Buffalo must explore avenues in receiving an increased percentage of the profits generated from local casino gambling- and Whereas: In addition to the revenue issues arising from the current proposal for casino gambling, the concerns of the local business community, and the potential impact on their ability to do competitive business in Western New York must be considered; and Whereas: A municipally -owned casino would require a New York State Constitutional Amendment with ratification by the public at referendum, and Whereas: It would be prudent for New York State to consider a proposal of a municipally -owned casino with a greater percentage of the revenue shared among the local municipalities, primarily the City of Buffalo; and Now, Therefore Be It Resolved: That the Common Council prefers a municipally -owned casino for Buffalo due to the greater financial impact that it could have, and Be It Further Resolved: That the City of Buffalo lobby the State of New York for authorization of a municipally -owned casino; and Be It Finally Resolved: That certified copies of this resolution be sent to Governor Pataki, Senate Majority Leader Bruno, Assembly Speaker Silver, and to all members of the Western Delegation of the New York State Legislature. ADOPTED AYES- BONIFACIO, COPPOLA, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO & THOMPSON -11. NOES - FISHER. PITTS -2. NO. 167 By: Brian C. Davis CONDUCT PUBLIC HEARING FOR CHIPPEWA STREET ENTERTAINMENT DISTRICT Whereas: The Chippewa Street Entertainment District has proposed to host a series of Sunday evening concerts as well as 14 Cruiser Tuesday Night Car Shows; and Whereas: The Entertainment District conducted a series of Cruiser Tuesday Night Car Shows last year; and W'hereas: The Entertainment District is proposing to close Chippewa Street, Delaware Avenue, and Franklin Street on each day the event will be held and for the duration of the event; and Whereas: Last year there was opposition to the same plan that is being proposed this year and subsequently only Chippewa Street was closed last year; and Whereas: Due to recent telephone calls and letters from area residents and business owners voicing concerns over the proposed plan for both the Car Show and Concert Series being proposed. Now Therefore Be Resolved That: Before any permits associated with this event is granted that a Public Hearing be held to afford this Common Council the opportunity to hear the concerns from all area residents, business owners as well as the representatives of the Chippewa Street Entertainment District as soon as possible; and Be It Further Resolved That: The Department of Public Works, Parks & Streets be requested to appear to give input on any possible concerns with closing off three(3) main arterials in the downtown area. In addition, the Buffalo Police Department, the City of Buffalo Special Event Office, and Buffalo Place, Inc. appear before this honorable body to give comment on this issue; and Be It Finally Resolved That: That the Planning Board be directed to provide a list of all area residents and business owners within 500 feet of the proposed street closing area and that the City Clerks office be directed to inform them of the public hearing and advertise the public hearing as well. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE, COMMISSIONER OF PUBLIC WORKS, THE ARTS COMMISSION AND BUFFALO PLACE NO. 168 By: Mr. Davis & Mr. Fisher SALE OF MAIN PLACE PARKING RAMP Whereas: The contract signed between the City of Buffalo and the owner of the Mall and Main Place Tower in 1969 expires in 2019, whereupon Main Place Liberty Group (MPLG) will regain outright ownership of the facility; and Whereas: MPLG has offered $5.5 million for the facility (present market value of annual $675,000 payments discounted at 10 %); and Whereas: If the City of Buffalo waits for the contract to expire, the City will receive nothing for the facility; and Whereas: If the City does not sell the facility, it will not return to the tax rolls, it will not generate any revenue via taxes, and the City will be required to invest considerable monies in repairs that will exceed $2 million in the near term and have the ongoing liability to maintain the facility over the next 17 years; and Whereas: In the present fiscal condition of the City, it is important to evaluate every available option for the generation of revenue to close the budget gap; and Now, Therefore, Be It Resolved: That this Honorable Body requests that the Office of the Mayor investigate the possibility of executing a sale of the Main Place Parking Ramp to the Main Place Liberty Group; and Be It Further Resolved: That the Office of the Mayor be requested to file a response to this resolution for the May 28, 2002, Common Council meeting; and Be It Finally Resolved That: That the Office of the Mayor be requested to send a representative to the June 4, 2002, Finance Committee meeting in order to address questions from the Common Council. REFEREED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL, THE MAYOR AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 169 By: Mr. Fontana DISCHARGE LEGISLATION COMMITTEE ITEM #123 C.C.P. MAR. 6,2001 "AMND. TRAFFIC ORD. -REM. FREE PKG. DISABLED (PW) (HRG. 10/24) ( #129,2/20)( #138,12/12)( #100, 11/28)( #33,10/3) Whereas: The above item is currently in the Legislation Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now. Therefore Be it Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item 123, C.C.P. Mar. 6, 2001, "Amend. Traffic Ord. -Rem. Free Pkg. Disabled (PW) (Hrg. 10/24) (# 129, 2/20) (# 13 8, 12/12) ( #100, 11/28) ( #33, 10/3)" and said item is now before the Common Council for its consideration. Seconded by Mr. Bonifacio. ADOPT DISCHARGE. That the Traffic Ordinance Amendment as contained in Item No. 123, C.C.P., Marcy 6, 2001 be and it hereby is approved. PASSED. AYES- BONIFACIO, COPPOLA, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, LOTEMPIO, & MARTINO -8. NOES - FISHER, GRANT, GRAY, PITTS & THOMPSON-5. NO. 170 BY: MR. GOLOMBEK SUBARU BUFFALO 4 MILE CHASE Whereas: Organizers of the 22nd annual Subaru Buffalo 4 Mile Chase have requested permission to conduct their annual race on Saturday, July 20th along Elmwood Avenue,and Whereas: In the past there have been problems with various individuals and /or vendors setting up and selling inappropriate wares, and Whereas: Through the sale of inappropriate wares, the illegal vendors profit while neighborhood merchants suffer adversely from the competition, and Whereas: Neighborhood merchants would not be expected to have a permit and would be allowed to sell their goods as they normally would on a daily basis, Now, Therefore, Be It Resolved: That the race area is a designated area in which neighborhood merchants are allowed, as always, to sell their wares and that illegal vendors be prohibited from soliciting during this event. REFERRED TO THE COMMITTEE ON FINANCE AND THE SPECIAL EVENTS COMMITTEE NO. 171 BY: MR. GOLOMBEK SUBARU BUFFALO 4 -MILE CHASE BANNER Whereas: Organizers of Subaru Buffalo 4 mile Chase have announced this year's race will be held on Saturday July 20'h, and Whereas: This year marks the 22nd annual run, and Whereas: To publicize the event, the Race Director has requested permission to display a banner across Elmwood Avenue from 946 Elmwood Avenue to 951 Elmwood Avenue, and Whereas: The period the banner would be on display would be from June 18 1 h through July 20, 2002 Now, Therefore, Be It Resolved: The sponsors of the Subaru Buffalo 4 -Mle Chase are granted permission to hang a banner on Elmwood Avenue from June 18th through July 20th, 2002. PASSED. AYES -13. NOES -0. NO. 172 BY: MRS. GRANT WAIVE PERMIT FEE(S) ASSOCIATED WITH THE INSTALLATION OF A PERMANENT OUTDOOR SIGN AT THE GLORIA J. PARKS COMMUNITY CENTER. WHEREAS: The Gloria J. Parks Community Center is located at 3242 Main Street, in the City of Buffalo; and WHEREAS: The center has received funding to erect a permanent outdoor sign at the corner of Heath and Main Streets that will not block any public walkways, but will provide a medium for communication with the community; and WHEREAS: A request is made to waive the permit fee(s) associated with the installation of the sign. NOW, THEREFORE, BE IT RESOLVED THAT: The Common Council hereby approves the request to permit The Gloria J. Parks Community Center to be excused from paying the permit fee(s) as required by the City of Buffalo Planning Board. BE IT FINALLY RESOLVED THAT: Council Staff for the City of Buffalo forward copies of this resolution to the City of Buffalo Planning Board and the Division of Permit & Inspection Services. PASSED. AYES- COPPOLA, DAVIS, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, PITTS, THOMPSON -9. NOES- BONIFACIO, FISHER, FONTANA, & MARTINO -4. NO. 173 BY: MRS. GRANT WAIVE CITY'S BANDWAGON FEE FOR ST. JOSEPH UNIVERSITY PARISH'S "A TASTE OF ST JOSEPH" Whereas: St. Joseph has an annual "A Taste of St. Joseph," usually during the month of September. This day -long celebration will showcase ethnic heritage and is a part of the Parish's 150'h Anniversary; and Whereas: In the City of Buffalo, St. Joseph University Parish provides much needed services that foster positive social, spiritual and educational outreach that is geared towards bettering the lives of many and Whereas: St. Joseph provides hope and direction to University and city residents at large ; and Now, Therefore, Be It Resolved: That the City of Buffalo waive all rental fees associated with usage of the City's Bandwagon, on Sunday, September 29, 2002, on the parish grounds at 3269 Main Street. Now, Therefore, Be It Further Resolved: That the city clerk office forward copies of this resolution to the Buffalo Fire Department, Permit & Inspect Services and Parks Department. REFERRED TO THE COMMITTEE OF THE WHOLE. NO. 174 By: Mrs. LoTempio CITY OF BUFFALO LOCAL LAW NO. _ (2002) INTRODUCTORY NO. 6 (2002) A LOCAL LAW amending Article Twenty -eight of the Charter of the City of Buffalo in relation to providing an exemption for living quarters for parent or grandparent. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article Twenty -eight of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended to read as follows: (a) That a new section 28 -29.1 be added to read as follows: A. Real property shall be eligible for an exemption from taxation to the extent of any increase in assessed value of residential property resulting from the construction of such property for the purpose of providing living quarters for a parent or grandparent, who is sixty -two years of age or older. Such exemption shall not exceed (a) the increase in assessed value resulting from construction or reconstruction of such property, or (b) twenty (20) percent of the total assessed value of such property as improved, or (c) twenty (20) percent of the median sale price of residential property as reported in the most recent sales statistical summary published by the State Board of Real Property Services for the Erie county, whichever is less. B. No such exemption shall be granted unless: 1.) The property is within the geographical area in which such construction or reconstruction is permitted; and 2.) The residential property so constructed or reconstructed is the principal place residence of the owner. 0, C. Such exemption shall be applicable only to construction or reconstruction which occurred subsequent to the effective date of this section and shall only apply during taxable years during which at least one such parent or grandparent maintains a primary place of residence in such living quarters. D. Such exemption from taxation shall be granted upon an application made annually, upon a form to be promulgated by the State Board of Real Property Services, by the owner of such property to the Commissioner of Assessment and Taxation on or before the taxable status date. If the Commissioner of Assessment and Taxation is satisfied that the property is entitled to an exemption pursuant to this section, he or she shall approve the application and such residential improvements shall be exempt from taxation and special ad valorem levies as provided in this section. E. For the purposes of this section, the term "parent or grandparent" shall be deemed to include the natural or adopted grandparents and parents of the owner or spouse of the owner. F. Any conviction of having made any willful false statement in the application for such exemption shall result in the revocation thereof, be punishable by a civil penalty of not more than one hundred (100) dollars and shall disqualify the applicant or applicants from further exemption for a period of five (5) years. G. This section shall take effect immediately and shall apply to assessment rolls completed on or after such effective date. Section 2. This local law shall take effect immediately. APPROVED AS TO FORM Michael B. Risman Corporation Counsel LAID ON THE TABLE NO. 176 By: Mrs. LoTempio ORDINANCE AMENDMENT CHAPTER 96 - BONDS AND CONTRACTS The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 96 of the Code of the City of Buffalo be amended to read as follows: § 96 -1. Approval as to form and sufficiency. No bond or undertaking given to the city for any purpose shall be accepted or filed until it has been approved as to form by the Corporation Counsel and as to sufficiency by the Mayor or Comptroller. The approvals shall be endorsed upon the bond. A bid bond submitted with a bid proposal for the doing of a work or improvement or for the furnishing of materials, supplies or equipment may be endorsed in the manner herein set forth after the opening of bids relating thereto; provided, however, that no award shall be made prior to approvals having been so endorsed upon the bond. The Corporation Counsel may delegate to one (1) or more of the attorneys of the Department of Law the power to act in his place in the approval of bonds as to form. § 96 -2. General requirements. A. A bid, performance or maintenance bond shall run to the City of Buffalo arid be executed by the bidder or contractor, as the case may be, as principal and by a duly incorporated company authorized to guarantee the performance of contracts and to do business in the State of New York as surety. B. A certified check or bank draft shall run to the City of Buffalo as payee and shall be drawn upon a bank authorized to do business in State of New York. C. The requirements of this Article may be waived for contracts for materials and supplies by the Commissioner of Administration and Finance upon a determination that the interests of the City may be better served without requiring the additional forms of security. § 96 -3. Bid bonds. [A] When required, a bid bond shall be in the penal amount of not less than ten percent (10 %) of the bid if based upon a lump -sum price or of the unit -price bid multiplied by the number of units estimated in the plans and specifications if based upon a unit price and shall be conditioned that, if the bid accompanying the bond is accepted, the principal named in the bond will, whenever required, enter into a written contract for the performance of the work or improvement or for the furnishing of materials, supplies or equipment mentioned in the bid in accordance with the terms and conditions as provided in the contract documents and that, upon the execution of the contract, the bidder will furnish a performance bond complying with the provisions of this Article, § 96 -4. Performance and labor and material bonds. A. [A] When required, performance and labor and materials bond shall be in the penal amount of the contract price if based on a lump -sum price or of the unit -price bid multiplied by the number of units estimated in the plans and specifications if based upon a unit price and shall be conditioned for the faithful and complete performance of the contract for the work or improvement or the furnishing of the materials, supplies or equipment in strict compliance with the provisions of the contract documents. A labor and material bond shall also be required, and the bond shall contain a clause that the bidder entering into the contract with a city agency will pay for rendering services or furnishing materials in or about the execution of the contract may maintain an action to recover for the services rendered or the materials furnished against the obligors in the bond as though the person were named therein, provided that such action shall be brought within one year after the cause of action accrued. The obligors in the bond shall be liable and may be sued accordingly. Notice of the commencement of the action and of all proceedings therein shall be given to the Corporation Counsel, and in default of such notice, no recovery shall be had in the action. B. The right of a person rendering services or furnishing materials to maintain an action on such labor and material bond shall be subject, however, to the prior rights of the City of Buffalo against the obligors in said bond. § 96 -5. Maintenance bonds. [Whenever] When deemed necessary, whenever the maintenance of any work or improvement is required by the specifications for such work or improvement, said bond shall be in the penal amount of 10% of the contract price and shall be conditioned for the faithful performance of the maintenance of the work or improvement in accordance with or for the period specified in the contract documents. § 96 -6. Certified checks, bank drafts or letters of credit. [A] When required, certified check, bank draft or letter of credit shall be in the amount of not less than 10% of the bid if based upon a lump -sum price or of the unit -price bid multiplied by the number of units estimated in the plans and specifications if based upon a unit price. § 96 -7. Alternatives to performance bonds. A. Where the cost for the purchase of materials, supplies or equipment does not exceed $ 100,000, the head of the city agency charged with the execution of the contract may, in his discretion, waive the requirement of a performance bond and Ma�L authorize instead the submission of a certified check, bank draft (or] letter of credit in the amount of 50110 of said cost or other form of security deemed sufficient by the Commissioner of Administration and Finance, if such security is deemed necessary. Where the cost of such purchase exceeds $100,000, the Common Council may, upon the recommendation of the head of the city agency charged with the execution of the contract, waive the requirement of a performance bond and may authorize instead the submission of a bank draft, certified check or letter of credit in the amount of 50% of said cost or other form of security deemed sufficient by the Commissioner of Administration and Finance, if such security is deemed necessary. B. Where the cost of such purchase does not exceed $ 100,000 and unusual circumstances are presented, the Common Council may, upon the recommendation of the Commissioner of [General Services] Administration and Finance, waive the requirements of a performance bond or the alternatives set forth in this section upon such terms and conditions as may be imposed by the Common Council or the Commissioner of [General Services] Administration and Finance. It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary, APPROVED AS TO FORM Michael B. Risman Corporation Counsel NOTE: Matter in brackets () to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 176 By: Mrs. LoTempio and Mr. Bonifacio 45TH ANNUAL ALLENTOWN OUTDOOR ART FESTIVAL Whereas: The Allentown Village Society, Inc. ( "AVS'), has requested permission to conduct its 45th Annual Allentown Outdoor Art Festival on the weekend of June 8th and 9th, 2002, and Whereas: The Special Events Advisory Committee, established pursuant to Chapter 414, Special Events, will meet to consider the application of AVS to hold the said 45th Annual Allentown Outdoor Art Festival; and Now, Therefore, Be it Resolved That: Subject to the additional conditions to be established by the Special Events Advisory Committee and those stated herein, the AVS be and it hereby is granted permission to conduct the 45th Annual Allentown Outdoor Art Festival on the weekend of June 81 h and 9th, 2002, between the hours of 11:00 a.m. and 6:00 p.m. on those days; within the events area bounded by Summer Street on the north, Elmwood Avenue and South Elmwood Avenue (east side) on the west, Tracy Street (extended easterly) on the south, and Main Street (west side) on the east; and Be It Further Resolved That: Participants within the events area, whether on the public streets or out -of -doors on adjacent private property, will be limited as follows: 1 . Art or craft exhibitors may be located within the events area on the following streets only: Delaware Avenue between North Street and Tupper Street (east and west sides); Franklin Street between Allen Street and Virginia Street (east and west sides); Allen Street from Elmwood Avenue to Franklin Street (north or south sides); Virginia Street between Elmwood Avenue and Franklin Street (north or south sides); and Edward Street between Elmwood Avenue and Delaware Avenue (south side only). Only art and craft exhibitors selected through. the AVS application and selection process shall be permitted. The AVS will select no more than 465 art and craft exhibitors, excluding therefrom the exhibition or sale of so- called "pseudo" art and exhibits of a strictly commercial nature. 2. Concessionaires and vendors within the events area shall be located on the following streets only: Delaware Avenue in the block between North and Allen Streets; Franklin Street in the block between Allen and Virginia Streets; in the vicinity of Edward Street between Virginia and Allen Streets; and Allen Street in the vicinity of Franklin Street, on Allen Street between Park Street and Elmwood Avenue. Such participant concessionaires shall be responsible concessionaires to be selected by the AVS. Consistent with AVS procedure, the AVS will solicit food and beverage concessionaires and vendors from businesses or persons within the area of the Allentown Art Festival as described in the first resolved clause above, reserving for them some of the concessions. The AVS may select and designate a single vendor employing a reasonable number of persons to vend balloons in the events area. The AVS may also select and designate a single vendor to produce and sell Art Festival T- shirts, sweatshirts or similar merchandise within the deemed concession areas. All participant concessionaires and vendors are required to comply with all otherwise applicable licensing and health requirements. Notwithstanding the foregoing, nothing herein is intended to limit the usual and customary operations of "Sidewalk cafes" as defined in Section 413 -59 of the Code of the City of Buffalo; and Be It Further Resolved That: That radio and television broadcasts from remote broadcast units located outside of a building normally occupied by a radio or television station may be permitted within the events area by the event sponsor. No such remote broadcasts or telecasts shall be permitted on the public: streets or out -of -doors on adjacent private property without the permission of the event sponsor. In no case shall any radio or television station employ blaring loudspeakers or conduct giveaways, sale of merchandise, contests, displays or other promotional activities beyond what is broadcast or telecast over their airwaves in the public street or out -of -doors on adjacent private property during the hours of the event; and Be It Finally Resolved: Unauthorized participants. The AVS shall provide all participants with suitable identification showing each as an authorized participant in the event. Except as herein above provided, there shall be no other participants within the events area during the event whether on public streets or out -of -doors on adjacent private property, including exhibitors, concessionaires, vendors, performers, promotional activities, fund raising activities, displays of goods or otherwise. Street perfomers, buskers or similar performers or performances shall not be permitted within the events area. All temporary inflatable devices used to advertise or direct attention to a business, service, product or activity shall also be excluded from the events area. The property of Ascension Church at 16 Linwood Avenue and Westminster Church at 724 Delaware Avenue shall not be subject to the foregoing provisions, provided, however, that neither shall conduct or sponsor any out -of -door activities during the Art Festival event hours without prior approval of the Common Council. The above - mentioned shall not conduct or sponsor any outdoor amusement rides or art and craft show and the third resolved clause of this resolution governing radio and television broadcasts and telecasts shall also be applicable on those properties. PASSED. AYES -13. NOES -0. NO. 177 By: Mr. Pitts DISCHARGE ERIE BASIN MARINA TASK FORCE - AMEND LEASE- BRAND -ON SERVICES, INC. (ITEM 30 CCP 4/30/02) Whereas: The above item is currently in the Erie Basin Marina Task Force; and Whereas: It is no longer necessary for this item to be considered by that Task Force; Now, Therefore, Be It Resolved: That this Common Council does hereby discharge the Erie Basin Marina Task Force from further consideration of this item, and said item is now before the Council. Seconded by Mr. Bonifacio. Adopted. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 22, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to enter into a contract modification for the operation of the Erie Basin Marina with Brand - On Service, Inc. according to the terms provided in Item No. 30, C.C.P., April 30, 2002. Any increases in slip rental fees must be approved by the Council. Passed AYES -13. NOES -0. NO. 178 BY: Mr. Pitts ESTABLISHMENT OF A TEMPORARY CITY OF BUFFALO MUNICIPAL ASSISTANCE CORPORATION WHEREAS: Under the New York State Sales and Compensating Use Tax Law and the Public Authorities Law, a temporary Municipal Assistance Corporation for the City of Buffalo may he established; and WHEREAS: The purpose of a temporary City of Buffalo Municipal Assistance Corporation (T.M.A.C.) is to create a "stable and sound source of revenue "', which allows the City of Buffalo to continue providing essential services; and WHEREAS: The City of Buffalo T.M.A.C. would utilize one -half of one percent of the existing sales tax dedicated to Erie County to fund services in public safety and education; and WHEREAS: The City of Buffalo T.M.A.C. will be a Public Benefit Corporation consisting of a rive member Board of Directors, appointed jointly by the Governor, Majority Leader of the Senate, Speaker of the Assembly; and WHEREAS: The City of Buffalo T.M.A.C. will be created for a rive year period in order to allow the City of Buffalo to regain a sound fiscal position by implementing planned structural reforms. NOW THEREFORE BE IT RESOLVED THAT: The Common Council approves the creation of a City of Buffalo T.M.A.C. for five years. FURTHER BE IT RESOLVED THAT: The Common Council approves the proposed legislation creating the City of Buffalo T.M.A.C. developed by the Corporation Counsel. The Common Council requests the Corporation Counsel to develop this draft legislation as to form. FINALLY BE IT RESOLVED THAT: The Common Council's approval today for the creation of the City of Buffalo T.M.A.C. acts as a Home Rule Message to the Governor, Speaker of the Assembly and the Majority Leader of the Senate of the State of New York requesting that the proposed legislation be approved immediately. PASSED. AYES- BONIFACIO, DAVIS, FISHER, FONTANA, GRANT, GRAY, LOTEMPIO, MARTINO, PITTS & THOMPSON-10. NOES- COPPOLA, FRANCZYK, & GOLOMBEK -3. NO. 179 BY: ANTOINE M. THOMPSON APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2002, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Archer, Christen Bailey, Rosalie Corrigan, Louis P. Cunnane, Maura A. Friedman, Rebecca Goins, Larry S. Hoetzer -Cook, Hope Kline, Jean M. Pasternak, Mark A. Scott, Diane Wadsworth,Anne Bailey, Daniel F. Budzynski, Kimberly Corrigan, Robert P. Fleming, Ronald H. Funderburk, Tera L. Goins Sr. Larry S. Klimczyk, Jean M. Krzemonski, Suzanne Riter, Mary Anne Tolbert, Donald Total: 21 ADOPTED No. 180 Reconvene - COW At 9:25 AM the Committee of the Whole reconvened with the following members present: Councilmembers Bonifacio, Coppol, Davis, Fisher, Fontana, Franczyk, Golombek, Grant, Gray, LoTempio, Martino, Thompson — 12 Absent Pitts — 1 Seconded by Mr. Fontana CARRIED NO. 181 RESOLVE INTO COMMON COUNCIL RECALL CCP# 166 — 5/14/02 Mrs. LoTempio moved that the Committee of the Whole resolve into the Common Council, for the purpose of recalling Item #166 of CCP 5/14/02 Seconded by Ms. Gray CARRIED NO. 182 Req. State Auth. /Munic. Owned Casino Gaming — Buffalo Mrs. LoTempio made a motion to withdraw CCP# 166 — 5/14/02 Seconded by Mr. Bonifacio Councilmembers Bonifacio, Coppol, Davis, Fisher, Fontana, Franczyk, Golombek, Grant, Gray, LoTempio, Martino, Thompson — 12 ADOPTED NO. 183 RESOLVE INTO COW Mrs. LoTempio moved that the Common Council resove into the Committee of the Whole to continue Budget deliberations Seconded by Mr. Fontana CARRIED NO. 184 ANNOUNCEMENT OF COMMITTEE MEETINGS * *REVISED ** The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 1h floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, May 21, 2002 at 9:30 o'clock A.M. Committee on Finance Tuesday, May 21, 2002 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, May 21, 2002 at 11:30 o'clock A.M. Committee on Legislation Tuesday, May 21, 2002 at 2:00 o'clock P.M. (Public DisclaimerL meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware -, therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 185 ADJOURNMENT On a motion by Mrs. LoTempio.. Seconded by Ms. Gray, the Council adjourned at 4:10 p.m. CHARLES L. MICHAUX, III CITY CLERK