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HomeMy WebLinkAbout02-0430-0418ssNo.9 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO April 30, 2002 SPECIAL SESSION April 18, 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, APRIL 30, 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 16, 2002 were approved. FROM THE MAYOR NO. 1 APPT. MEMBER CITIZENS ADVISORY COMMISSION ON REAPPORTIONMENT Dear Councilmembers: Pursuant to section 18 -12 of the Charter of the City of Buffalo, I hereby appoint the following individual to the Citizens Advisory Commission on Reapportionment: Ms. Jessie Schnell 460 Norwood Avenue Buffalo, NY 14222 Ms. Schnell is being appointed to replace Wendy Pierce, who is unable to serve on the Commission. Ms. Schnell is a community leader who will do an outstanding job in this position. I had previously informed Council President Pitts of the change. Sincerely, Anthony Masiello Mayor REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE DIVISION OF COLLECTIONS FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BOARD OF PARKING NO. 2 SALE OF MAIN PLACE RAMP At the Finance Committee meeting I was asked to provide the current membership of the Board of Directors of Buffalo Civic Auto Ramps, Inc. Also I was asked which members are residents of the City of Buffalo, those marked with an "asterisk ('Y' live in the City. Also M -. Helfer is an official representative of the County Executive. Mr. J. Keith Alford Director /Chairman 145 Sargent Drive Snyder, NY 14226 835 -9141 Mr, Keith Belanger Director Senior Vice President - Facilities Mgt and services M & T Bank One M &T Plaza, 10th Floor Buffalo, NY 14203 842 -4433 FAX: 842 -5601 Ms. Beverly (Sonnie) Foit - Albert Director Foit Albert Associates Architecture, Engineering, & Surveying 763 Main Sum Buffalo, NY 14203 956 -3933 TAX: 956 -3961 Mr. Craig Burton Director Vice President Commercial Real Estate Fleet Bank 10 Fountain Plan Buffalo, NY 14202 847 -4268 Fax 849 -3666 Mr. Kevin Helfer Director Director of Contract Compliance County of Erie Rath Building Buffalo, NY 14202 858 -2816 FAX:858 -6191 Mr. Patrick Hotung Director Main Place Liberty Group 2100 Liberty Building Buffalo, NY 14202 855 -1900 FAX: 855 -2487 Mr. Mark Melas Director HSBC Bank USA One HSBC Center, 10 Floor Buffalo. NY 14203 PROCEEDINGS 941 - 7320 /FAX: 941 -5094 Mr. Carl P. Paladino Esq. Director Paladino, Cavan, & Quinlivan 210 Ellicott Square Buffalo, NY 14203 858- 8227/FAX 852 -2829 Ms. Patricia Pitts Director Cannon Design 2170 Whitehaven Road Grand Island, NY 14072 774 - 3208 /FAX: 773 -5909 Mr. Anthony J. Rizzo Director Charter One Bank 115 Lawrence Bell Drive Suite #118 Williamsville, NY 14221 630- 2169/FAX: 630 -2145 Mr. David Sengbusch Director Director of Economic Development Office of Strategic Planning 901 city Hall Buffalo, NY 14202 851- 4253/FAX- 851 -4388 Mr. Robert F. Stuart, Jr, CPM, CSM, CPFW Director And General Manager BCAR 221 Peal Street Buffalo, NY 14202 849 -5812 FAX 849 -0242 Mr. David L Sweet, Esq. Director /Vice- Chairman 237 Main Street Suite #1425 Buffalo, NY 14203 854 - 5960 /FAX. 856 -7360 REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY PLANNING BOARD NO. 3 PIERCE & STEVENS 660 -710 OHIO ST. METAL FILLING STATION FOR ADHESIVES ITEM NO. 91, C.C.P. 4/16/02 The City Planning Board at its regular meeting held Tuesday, April 23, 2002, considered the matter captioned above pursuant to Section 511 -67 of the Buffalo Code, Buffalo Coastal Special Review District. The applicant seeks to erect a 20'xl2'xl5l metal filling station for adhesives at 660 -710 Ohio Street. The addition is actually part of the processing equipment. Under SEQR to proposed addition is considered an unlisted action which may be studied through uncoordinated review. The Planning Board recommends approval of the proposed filling station. RECEIVED AND FILED NO.4 P. LUCCI 300 ELMWOOD AVE. CONVERT AND EXPAND FORMER BAKERY INTO TO PIZZA SHOP ITEM NO. 92, C.C.P. 4/16/02 The City Planning Board at its regular meeting held Tuesday, April 23, 2002, considered the matter captioned above pursuant to Section 511 -56 of the Buffalo Code, Elmwood Ave. Business District. The applicant seeks convert and expand a former bakery into a sit -in and take -out pizza shop at 300 Elmwood Avenue. The expansion would include an 8' x 11' addition for office space and an 8'x22' addition for a walk -in cooler. Under SEQR the proposed pizza shop is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed pizza shop and additions with the conditions set by the Planning Board as indicated on their approved site plan. RECEIVED AND FILED NO. 6 JIMMIES BAR & GRILL 102 THEODORE ST. SIDEWALK CAFE ITEM NO. 29, C.C.P. 4/16/2002 The City Planning Board at its regular meeting held Tuesday, April 23, 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 20'6 "x10' sidewalk cafe in front of the business located at 102 Theodore Street. This is a resubmission of a previously denied sidewalk cafe. The cafe will have a 3' high removable railing surrounding the caf6. 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 9 p.m. 3. No outside trash receptacles 4. Review after one year of the caf6 operation since it located entirely within a residential neighborhood. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 6 "BOND AUTHORIZATIONS - RESCINDING" The Office of Strategic Planning recommends the following Capital Improvement Projects to be rescinded. Available for review in the City Clerk's Office After considerable review, it has been determined that the prospect of sale was not foreseeable. Accordingly, to maintain control of the city's 5 -Year Capital Improvement Budget, both internally and with o credit agencies, the above list was established. Please note the attached memorandum forwarded to various officials before submission. REFERRED TO THE COMMITTEE ON FINANCE NO. 7 COMMUNITY GARDEN 288, 290, 294, 296, 300 AND 304 CARLTON STREET The Office of Strategic Planning, Division of Real Estate has received a request from the State University of New York Center for Urban Studies and Friendly Fruitbelt Block Club to establish a Community Garden at 288 through 306 Carlton Street for a period of three (3) years. They intend to clean, improve and maintain the lots as a passive use community garden. The office of Strategic Planning and the Division of Collection shave been contacted and they have no objections to lease. The lease will be for one Dollar ($1.00) per year and lessee will provide the City with liability insurance. The type and amount of insurance will be determined by the Corporation Counsel. There will be a thirty (30)day cancellation clause in the event the property is needed for public use or development in the future. I am recommending that Your Honorable Body approve the lease of the above mentioned lots to the State University of New York Center for Urban Studies and Friendly Fruitbelt Block Club for use as a community garden. I am further recommending that the Corporation Counsel prepare the necessary lease and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning dated April 25, 2002, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to renew the lease between the City and the State University of New York Center for Urban Studies and Friendly Fruitbelt Block Club, to establish a Community Garden at 288, 290, 294, 296, 300 and 304 Carlton Street for a three (3) year term. 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. 8 EASEMENT - MICHIGAN AVENUE BRIDGE PROJECT PARCELS 7, 10, 11 & 12 ITEM NO. 14, C.C.P. 10/30/01 In the above referenced Rem Your Honorable Body authorized payment of Six Hundred Fifty Dollars ($650.00) for the permanent easement (Parcel # 7) and Twenty -Nine Thousand Nine Hundred Thirty -Seven Dollars (29,937.00) for the temporary easements, Parcels 10, 11 and 12. The amount submitted for the temporary easement reported to you was an error. The agreed amount of the temporary easement for Parcel 11 between the City of Buffalo and the Owner was Three Thousand Six Hundred Seventy Dollars ($3,670.00) per year for two years. We incorrectly reported Three Thousand Six Hundred Seventy Dollars ($3,670.00) as payment for two years. The payments are for loss of parking due to construction. Therefore, I am requesting that Your Honorable Body amend the prior approval to include the additional amount of Three Thousand Six Hundred Seventy Dollars ($3,670.00) for Parcel 11. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning dated April 23, 2002, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to amend the prior approval to include the additional amount of Three Thousand Six Hundred and Seventy Dollars ($3,670.00) for Parcel for the casement for the Michigan Avenue Bridge Project. PASSED AYES -13 NOES -0 NO. 9 EASEMENT AGREEMENT VERIZON FOR USE OF 2371 BAILEY The Office of Strategic Planning, Division of Real Estate, has received the attached easement agreement from Verizon for use of city owned property located at 2371 Bailey Avenue. They have indicated that the existing telephone conduit path was exposed while in the process of the City demolishing 2371 Bailey Avenue. This conduit path provides telephone service for this block of Bailey Avenue north of Lang. It appears the existing path was along the northern property line of a single lot that eventually was joined with another lot forming one large lot. When a building was erected on this double lot the conduit was retained in the basement of that building. To eliminate the situation Verizon is requesting the attached easement agreement. The new conduit will begin five feet from the southern most property line between 2367 and 2371 Bailey adjacent to the existing foundation. This office will contact the Corporation Counsel's Office and the Department of Public Works to determine if they have any objections and /or conditions in reference to the attached proposed easement. I am recommending that Your Honorable Body approve this easement agreement on condition that the Corporation Counsel's Office and the Dept. of Public Works has no objections. I am further requesting Your Honorable Body to authorize the Corporation Counsel to review this agreement for their approval. as to form and authorize the Mayor to execute the same. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning dated April 3, 2002, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to enter into an easement agreement between the City and Verizon, Inc., for use of five feet from the southern most property line between 2367 and 2371 Bailey Avenue adjacent to the existing foundation. That the Corporation Counsel to review this agreement for their approval as to form and that the Mayor be authorized to execute the same. PASSED AYES -13 NOES -0 NO. 10 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND CENTRAL REFERRAL SERVICE, INC. FOR USE OF THE 24 1H FLOOR OF CITY HALL - 65 NIAGARA SQUARE ITEM NO. 120, C.C.P. 6/26/01 Pursuant to Item No. 120, C.C.P. 6/26/01, Your Honorable Body authorized a one (1) year lease agreement between the City of Buffalo and Central Referral Service, Inc. for use of the 24 th Floor of City Hall, 65 Niagara Square. This lease commenced on April 1, 2001 and expired on March 31, 2002. The Division of Real Estate has received notice from Richard Cole, President - Board of Directors for Central Referral Services, Inc. requesting to renew their lease agreement for an additional one year period under the same terms and conditions as the expired lease. This office recommends that Your Honorable Body renew their present lease agreement for an additional one -year period commencing retroactively on April 1, 2002 and terminating on March 31, 2003. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 11 LEASE AGREEMENT - PORTION OF 104 MARYLAND ERIE REGIONAL HOUSING DEVELOPMENT CORPORATION The Office of Strategic Planning, Division of Real Estate, has received a request from Mr. Douglas Ruffin, Executive Director of Erie Regional Housing Development to renew their lease agreement for use of a portion of 104 Maryland under the same terms and conditions as the expired lease. This lease renewal was supposed to be for a six -month period commencing December 1, 2001 and expiring on May 31, 2002. However, since the lease would be expiring on May 31, 2002, Erie Regional is requesting that the City renew their lease for 2 terms of six months each (from December 1, 2001 - May 31, 2002 and for an additional six months from June 1, 2002 - November 30, 2002). Erie Regional is involved in the Hope VI project as the contractor for self- sufficiency objectives of the Lakeview residents. They began the early stages of development of the Even -Start Learn and Play Group. This program wilt eventually evolve into a self - supporting day care. They have maintained community recreational activities and provided services for the elderly. They are now bringing in resources to support the employment and training needs of the community. During the past few years, as Erie Regional stabilized and expanded the services at the center, the need for a more structured or long term agreement has become evident. I am recommending that Your Honorable Body approve their request to renew their lease agreement between the City and Buffalo & Erie Regional Housing Development Corporation for 2 terms of six months each (from December 1, 2001 - May 31, 2002 and for the period of June 1, 2002 - November 30, 2002). 1 am further recommending that the Corporation Counsel prepare the necessary lease agreement and that the Mayor be authorized to execute the same REFERRED TO THE COMMITTEE ON FINANCE NO. 12 RESULTS OF NEGOTIATIONS 201 ADAMS, 112.06' N WILLIAM VACANT LOT: 30' X 107' ASSESSED VALUATION: $1,400 The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 201 Adams Street from Mr. Herbert Richardson and Mrs. Mozella Richardson, 251 Adams Street, Buffalo, New York 14206. Mr. and Mrs. Richardson own a two family home at 203 Adams Street, which adjoins 201 Adams Street. They intend to use the property for extra yard space for their tenants . The Office of Strategic Planning and the Division of collections have no objections to the sale. There are no outstanding taxes, building code violations, or other liens owed to the City of Buffalo by the purchasers. An independent appraisal of the property was conducted by Samuel V. Vacanti of Northeastern Appraisal Associates, Inc., 5110 Main Street, Williamsville, New York 14221. He has estimated the value of the parcel to be One Thousand Dollars ($1,000), thirty -one cents (.31) per square foot. The Division of Real Estate concurs with the appraisers estimate of value. The result of our negotiations are that Mr. and Mrs. Richardson have agreed and are prepared to pay One Thousand Dollars ($1,000) for the parcel. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 201 Adams Street to Mr. and Mrs. Herbert Richardson in the amount of One Thousand Dollars ($1,000). 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. 13 RESULTS OF NEGOTIATIONS TO B.E.R.C. 55 CHALMERS,388' W OF HOLDEN LOT SIZE: 240'X 115' ASSESSED VALUATION: LAND: $ 13,800 61 CHALMERS, 200' W OF HOLDEN LOT SIZE: 188'X 115' ASSESSED VALUATION: LAND: 9 2235 FILLMORE, SOUTH CORNER OF CHALMERS LOT SIZE: 116'X 461' ASSESSED VALUATION: LAND: $39 The Office of Strategic Planning, Division of Real Estate, has received a request from the Buffalo Economic Renaissance Corporation, to acquire the above vacant parcels of land. The parcels will be land banked, marketed and developed in conjunction with the Central Park Business Development Area. The parcels consists of the following: 55 Chalmers vacant lot 240' x 115' = 27,600 sq. ft. 61 Chalmers - vacant lot 188' x 115' = 21,620 sq. ft. 2335 Fillmore -vacant lot 115' x 461' = 53,015 sq. ft. approximately 2.35 acres 102,235 sq. ft. The results of our negotiations are that B.E.R.C. has offered and agreed to pay Sixty Four Thousand Four Hundred Dollars ($64,400.00), approximately Twenty Seven Thousand Five Hundred Dollars ($27,500 -00) per acre. The Division of Real Estate has investigated the sales of similar properties in the area. Sales prices range from $25,000 to $30,000 per acre. They have also agreed to pay for all closing costs associated with the transfer of title The City will provide no search or survey for the parcels. The agreement is subject to the City of Buffalo and B.E.R.C. Board of Director's approval. I am recommending that Your Honorable Body approve the sale of 51, 66 Chalmers and 2335 Fillmore Avenue in the amount of Sixty Four Thousand Four Hundred Dollars ($64,400.00), to the Buffalo Economic Renaissance Corporation, upon the above terms and conditions. I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 14 RESULTS OF NEGOTIATIONS 249 GRAPE, 127' N NORTH LOT SIZE: 46'X 100' ASSESSED VALUATION: LAND $ 2,300 1010 JEFFERSON, 166'N NORTH LOT SIZE: 26'X 178' ASSESSED VALUATION: LAND $ 4 The Office of Strategic Planning, Division of Real Estate has received a request to purchase the above properties from Bishop Roscoe E. Jones of Faith Apostolic Church of Christ, Inc., 358 East North Street, Buffalo, New York 14204. Bishop Jones intends to construct a youth center and a paved parking lot for his church. The Office of Strategic Planning and the Division of Collections have no objections to the sale. There are no outstanding taxes, code violations, or other liens owed to the City of Buffalo by the purchaser. An independent appraisal was conducted by Howard P. Schultz & Associates, 360 Delaware Avenue, Buffalo, New York 14202. He estimated the value of 249 Grape Street to be One Thousand Dollars ($1,000) and the estimated value of 1010 Jefferson Avenue to be One Thousand Dollars ($1,000), twenty -two cents (.22) per square foot. The Division has investigated the sales: of similar properties in the area. Sales range from twenty -,two cents (.22) to seventy cents (.70) per square foot. The results of our negotiations are that the purchaser has agreed and is prepared to pay three thousand nine dollars ($3,900), forty cents (.40) per square foot for the two (2) parcels. He has also agreed to pay for- the cost of the appraisals, transfer tax, recording fee's and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of 249 Grape Street and 1010 Jefferson Avenue to Faith Apostolic Church of Christ, Inc., in the amount of three thousand nine hundred dollars ($3,900). 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 of three thousand nine hundred for the sale of 249 Grape Street and 1010 Jefferson Avenue from Bishop Roscoe E. Jones be and hereby is accepted, subject to conditions as tested on the above communication. PASSED AYES 13 NOES- 0 NO. 15 RESULTS OF NEGOTIATIONS 2193 SOUTH PARK AVENUE FORMER SCHOOL 29 (AKA 2219 SOUTH PARK) ITEM #179, C.C.P. APRIL 16, 2002 The above referenced item has been referred to the Office of Strategic Planning, Division of Real Estate and Corporation Counsel for a response. The item is a resolution authorizing the above City Departments to negotiate a sale of former School 29, located at 2193 South Park Avenue to the South Buffalo Charter School. After numerous meetings and discussions over a one year period with the Division of Real Estate, Corporation Counsel, Majority Leader and District Councilmember, the South Buffalo Charter School has submitted a Purchase Contract to acquire former School 29 in the amount of Four Hundred Fifty Thousand Dollars ($450,000.00), which has been submitted for your review and approval. In accordance with Article 27, Section 27 -5, the South Buffalo Charter School has commissioned two independent real estate appraisers to estimate the Fair Market Value of the School. GAR Associates, Inc. has estimated the Fair Market Value of the School to be Four Hundred Forty Thousand Dollars ($440,000.00), as of May 3, 2001. The second appraisal submitted by Northeast Appraisal Associates, 5110 Main Street, Williamsville, New York 14221 has estimated the Fair Market Value at Four Hundred Fifty Thousand Dollars ($450,000.00), as of April 24, 2001. In December of 2001, the Appraisal Review Board met and reviewed the two appraisals. It was the recommendation of the Board to set the value of School 29 at Four Hundred Fifty Thousand Dollars ($450,000). The office of Strategic Planning, Division of Real Estate has reviewed the contract of sale and has no objections to the terms and conditions therein. However, the contract should be reviewed and Approved As To Form by the Corporation Counsel. Therefore, should Your Honorable Body approve the Purchase Contract, I am 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. 16 SIX SECTOR PROPOSAL AND RELATEDISSUES CD NO. 86 - HOUSING PROGRAMS Attached for your review are items relating to the proposed six sector housing delivery system: 1. Map outlining the administration's plan for a six (6) sector housing delivery system. Most of the sector boundary lines are set with the exception of the North East section of the City of Buffalo. Discussions will be held with Council Member Betty Jean Grant to finalize the North Sector. The ultimate goal of the proposed delivery system is to provide City of Buffalo residents with efficient, effective and quality services. The administration, with this in mind, considers this proposed delivery system a work -in- progress. We will continue to consider modification of boundary lines, on a proven, as needed basis, over the course of the next 18 months. 2. Our existing community based organizations (13 housing groups and the Fire Survival Center) will receive a two -month time extension for their current neighborhood development contracts. The new contract dates are May 1, 2001 through June 30, 2002. Budget revisions will be submitted to cover essential line items (personnel, fringes, and utilities) for the two -month time extension. This transitional period will allow us to meet with the groups and board of directors to discuss budgets, work plans and our expectations for the next 12 - 1.8 months. 3. The Office of Strategic Planning's agenda for the next 60 days will be to meet with the groups and their board of directors to discuss the restructuring of our community based housing network. Lead agencies (groups that will receive a contract will be selected and support agencies will align with the selected sector program administrators. Many of the groups currently have existing relationships, shared staff, etc. with the other providers within their sector. Negotiations will be held to determine budgets, site office locations, board representation, and other issues dealing with the proposed collaborations. We expect to award six contracts for a twelve -month period. Funds in the amount of $800,000 have been allocated to support the six groups and a city -wide agency that will serve as a central site location for the coordination of the loan programs. The Office of Strategic Planning will propose a base line budget for each group and additional funds will be awarded upon review of a distribution formula based upon neighborhood conditions (see attached report). We also anticipate awarding the current NHS network Revolving Loan contracts for a period of two years. The NHS groups currently maintain porfolios and collections for their existing NHS loans. 4. Lead regulations pertaining to the volunteer paint program are attached for your review. If funds are allocated for any volunteer paint program within any council district, we will have to meet to discuss and coordinate the administration of the program. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 17 TRANSFER OF TITLE, HOMESTEAD PROGRAM 505 GOODYEAR ST. (CITY OWNED VACANT LOT SIZE 30' X 70') The Office of Strategic Planning has surveyed the city -owned vacant lot at 505 Goodyear Street Buffalo, New York 14211, parcel is 30' x 70' in dimension; and it has been determined that this parcel i inappropriate for either the construction of new housing or needed for public purposes. The property has bee listed for sale since August 4, 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. Mr. Joe E. Brown residing at 507 Goodyear Street indicated he will clean, improve and maintain the lot in the event he 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 Mr. Joe E. Brown on the condition that the property is cleaned and improved within (6) month and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 18 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 27 JOHNSON STREET, 234'N OF BROADWAY LOT SIZE: 26'X 132' 29 JOHNSON STREET, 269'N OF BROADWAY LOT SIZE: 26'X 132' 31 JOHNSON STREET, 284'N OF BROADWAY LOT SIZE: 60'X 132' 35 JOHNSON STREET, 334' N OF BROADWAY LOT SIZE: 26'X 132' 65 JOHNSON STREET, 620.25' N OF BROADWAY LOT SIZE: 32'X 132' 69 JOHNSON STREET, 652.25' N OF BROADWAY LOT SIZE: 30'X 132' 71 JOHNSON STREET, 682.50' N OF BROADWAY LOT SIZE: 30'X 132' 75 JOHNSON STREET, 528.16' S OF SYCAMORE LOT SIZE: 43'X 132' 92 JOHNSON STREET, 876.29' N OF BROADWAY LOT SIZE: 72'X 132' 100 JOHNSON STREET, 948.79' N OF BROADWAY LOT SIZE: 66'X 132' 108 JOHNSON STREET, 182.40' S OF SYCAMORE LOT SIZE: 40'X 132' The Office of Strategic Planning has surveyed the above referenced city -owned vacant lots. These parcels are not needed for any public purpose. Mr. Ron Talboys of Habitat for Humanity residing at 9511 Keller Road, Clarence Center, New York 14032 has requested t homestead these City lots. Habitat for Humanity intends to build residential homes for low- income families. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend the city -owned vacant lots at 27, 29, 31, 35, 65, 69, 71, 75, 92, 100 and 108 Johnson Street b designated as Homestead Properties and be transferred to Mr. Ron Talboys of Habitat for Humanity on the following conditions 1) the specified. structures be erected within twelve (12) months; 2) the structure be purchased by a low income family that meets the low to moderate income criteria and reside there for a period of not less than thirty -six months. Mrs. LoTempio moved: That the city owned property known as 27, 29, 31, 35,65,69,71,75,92,100 and 108 Johnson Street be hereby designated as Homestead property and that they be transferred to Mr. Ron Talboys of Habitat for Humanity on the following conditions : 1.) the special structures be erected within twelve (12) months 2.) the structure be purchased by a low income family that meets the low to moderate income criteria and resolve there for a period of not less than thirty six (36) months. PASSED AYES -13 NOES - 0 NO 19 TRANSFER OF TITLE, HOMESTEAD PROGRAM 45 KOONS AVE. (CITY OWNED VACANT LOT SIZE 30' X 95') The Office of Strategic Planning has surveyed the city -owned vacant lot at 45 Koons Avenue, Buffalo, New York 14212, parcel is 30' x 95' 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 October 12, 1995 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. Mr. Thomas A. Raszewski residing at 41 Koons Avenue indicated he will clean, improve and maintain the lot in the event he 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 Mr. Thomas Raszewski on the condition that the property is cleaned and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 20 WATERFRONT REDEVELOPMENT AREA "A" REQUEST TO APPROVE EASEMENTS FOR SIX BOAT DOCKS - 50 WATERFRONT CIRCLE LLC WHEREAS The City of Buffalo Urban Renewal Agency has approved the Easements between the City of Buffalo and Buffalo Urban Renewal Agency and between the Buffalo Urban Renewal Agency at it's meeting of April 25. 2002. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter. I have taken the liberty to prepare a Resolution for your action. Forwarded herewith are the following documents: 1. Resolution approving proposed Easement between the City of Buffalo and the Buffalo Urban Renewal Agency. 2. The two Easements in their entirety. We, therefore, recommend that Your Honorable Body adopt a Resolution authorizing the Easement to the City of Buffalo Urban Renewal Agency and the Easement to Waterfront Circle, LLC REFERRED To THE TASK FORCE ON WATERWAYS NO. 21 YEAR 27 2001 CONSOLIDATED ACTION PLAN HUD RESPONSE NO. 161 , C.C.P. 10/30/01 Dear Councilmembers: Attached for your information is a copy of a letter from the U.S. Department of Housing and Urban Development dated March 25), 2002 relative to their advisory comments on the City's Year 27 (2001 -2002) Consolidated Action Plan. Four of the five activities have been addressed and the Office of Strategic Planning is working diligently to provide HUD the documentation requested to satisfy concerns regarding the Buffalo Green & Gold Corporation. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER N0. 22 Report of Audit Department of Public Works, Parks and Streets Erie Basin Marina In the response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Erie Basin Marina audit report for the period January 1, 2001 to December 3 1, 200 1. FINDINGS The City has realized $334,752.20 in Marina revenues for the 2001 season. Based on the lease agreement with Brand -On- Services, Inc. generated 24% of the total Marina revenues for the above period. Our audit of the sales receipts reported to the City by the tenant operators revealed an increase in food and beverage sales of approximately 30% for the season. RECOMMENDATIONS We recommend that the Department of Public Works, Parks and Streets request payment from Brand -On- Services, Inc. for the outstanding balance of utility invoices totaling $29,120.18 (ref. Exhibit C ) prior to the May 1, 2002 opening of the season. We recommend to the extent possible, that all City expenditures be coded so as to account for actual Marina expense appropriations incurred. Also, time reports should be maintained to accurately account for actual man -hours allocated to Marina operations. This will enable the Department to accurately monitor the overall cost of operating the Marina on an annual basis. REFERRED TO THE ERIE BASIN MARINA TASK FORCE AND THE COMMISSIONER OF PUBLIC WORKS No. 23 Certificate of Necessity Increased Appropriation Solid Waste Enterprise Fund We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify pursuant to §20 -11 of the Charter, that an increase in the sum of S 145,000 in the estimates for the fiscal year beginning July 1, 2001 is necessary in Appropriation Allotments - Solid Waste - Auditing Services to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from an increase in the revenue account 52510015 - 340000 Solid Waste - Charges for Services not otherwise appropriated for any other purpose. The detail of the requirement is set forth below: To: 52002606 - Solid Waste - Refuse & Recycling 432001 - Auditing Services $145,000 RECEIVED AND FILED NO. 24 Transportation Audit FINDINGS Decals although required, were not universally used Employees having only day -time work hours use of a vehicle took them home Employees took vehicles home and did not report the taxable wages List of full -time users submitted by the administration to the Common Council and the list that our department received for our reviews was different. There are no logs kept in the vehicles. Some of the vehicles had extremely low mileage There were inspection stickers on the vehicles that we saw Auto Impound had numerous vehicles in various states of disrepair Inventory is not well marked for disabled vehicles, nor repair conditions No allowances in union contracts for members having the use of City vehicles Numbers of vehicles by year is surprisingly equal in number Locations for nighttime storage of vehicles differs by organizational There are a number of special purpose or single - purpose vehicles Trading of vehicles by higher ranking managers to obtain latest and best models List of users of vehicles included day -time users who took cars home Commissioners and directors did not set example for employees RECOMMENDATIONS This represents an interim report. We will schedule inspections in the first two weeks of May for a specific list of vehicles. The gas usage and key inventory system has yet to be analyzed, but there is no periodic reporting to Department heads Logs need to be kept if any valid information is to be gathered. These should include the driver's name, the mileage, mechanical problems and other pertinent information. The City is in financial difficulty and could use pool cars, and must also consider a centralized transportation function to review cost - benefit comparisons on equipment. There are only 40 vehicles for use by officials in New York City. Mayor Bloomberg made this change in his City government, and it needs to be done in this small City. Management needs to take responsibility and exercise control over the assigning of vehicles and verifying usage by authorized individuals. REFERRED TO THE COMMITTEE ON FINANCE AND THE FROM THE PRESIDENT OF THE COUNCIL No. 26 BUDGET FOR BAILEY — AMHERST DISTRICT MGMT. ASSOCIATION Enclosed, please find a copy of the budget for the Bailey- Amherst District Management Association (BADMA) for the 2002 -2003 fiscal year. Should you have any questions or require additional information, please feel free to contact Mr. Bob Cohen at 837 -0100. Mrs. LoTempio moved That the 2002 -2003 Budget for the Bailey- Amherst District Management Association (BADMA) and Hereby is approved. PASSED AYES -13- NOES -0 NO. 26 EST. GREATER BUFFLO SAVINGS BANK MAIN OFFICE MAIN & JEWETT Please be advised that we have engaged a contractor to renovate and remodel the former Braun Cadillac property at the comer of Main and Jewett Parkway in Buffalo at a cost of approximately $2 million. Work is underway and completion is expected by June of this year. The bank will occupy the property as it headquarters building as soon as the work is completed. Approval to operate a banking office at this site has already been obtained from both the State of New York Banking Department and the FDIC. Our interest in establishing the bank's main office at Main and Jewett was significantly enhanced by the prospect that the area would be designated a Banking Development District under provisions of the New York State Banking Law. As you know, Rodney Richardson of BERC has readied an application for such designation for delivery to the Banking Department, but needs an update of the Resolution passed by Buffalo's Common Council last year to complete all aspects of the application. The adoption of the original resolution provided the basis on which the bank was willing to proceed with this project and we assumed that the Common Council would have no trouble in reiterating its original designation of the area as a Banking Development District. We feel that the bank's presence in this area will do much to revitalize an area that has been economically depressed for several years. I call on you to do all that you can to speed the adoption of the needed resolution that will assure the success of this revitalization effort. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 27 FANCHISE FEE STRUCTURE I am writing to inform you about important changes that are affecting the franchise fee structure of the cable industry. A recent Declaratory Ruling by the Federal Communications Commission (FCC) has classified cable modem services, such as those provided by Adelphia as PowerLink service, as an "interstate information service," rather than a "cable service" or a "telecommunications service." As you know, Adelphia collects franchise fees from customers and has been including revenues from cable modem service, under the assumption that cable modem service was a cable service. In response to the FCC ruling, Adelphia will no longer collect franchise fees for cable modem service, as of the next billing cycle. As such, Customers will be pleased to see a slight decrease in their monthly bills. This means that local municipalities will no longer be receiving this revenue. We want to assure you that this ruling does not affect franchise fees that are collected for cable television services. Those fees will continue to be collected and disbursed accordingly. Adelphia believes that this action will limit its exposure, as well as the franchising authority's exposure, to lawsuits from subscribers challenging the lawfulness of continuing to pay franchise fees on cable modem service. Adelphia is pleased to be providing advanced broadband services to our customers and we look forward to offering exciting new technologies as they are developed. We will continue to invest in the infrastructure of our networks, ensuring the best possible service for our customers. Please feel free to contact me should you have any questions or wish to discuss this matter. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS No. 28 SCHEDULE OF 2002 BUDGET HEARINGS THURSDAY, MAY 2TH 9:00 A.M. Common Council Chair: PITTS Department of Police President of the Council BONIFACIO City Clerk Vital Statistics 9:30 A.M. Mayor Executive GOLOMBEK Office of Strategic Planning Div. of Zoning & Land Use Planning Audit & Control Div. of Environmental Affairs LoTEMPIO Div. Development Div. of Real Estate Office of Comptroller Div of Intergovernmental Relations Div of Citizens Services 10:30 A.M. Corporation Counsel 11:00 A.M. Assessment 2:00 P.M. B.M.H.A Chair: FRANCZYK Board of Education FRIDAY, MAY 3RD FISHER 9:00 A.M. Dept. of Man Info Systems Chair: LoTEMPIO 9:30 A.M. Department of Administration & Finance Chair: Div. of Budget & Mgmt. Services Div. of Parking Enforcement Div. of Treasury Div. of Collections Div. of Purchase Div. of Administrative Adjudication 2:00 P.M. Dept of Community Services Chair: THOMPSON Div. of Senior Services Div. Substance Abuse Services Div. of Youth Div. of Disabled Persons Advocacy Div. of Workforce Employment Training MONDAY. MAY 6 TH 9:00 A.M. Department of Police Chair: BONIFACIO 1:30 P.M. Department of Fire Chair: GOLOMBEK 3:00 P.M. Audit & Control Chair: LoTEMPIO Office of Comptroller Div. of Audit Div. of Accounting TUESDAY, MAY 7 TH 7:00 P.M. Board of Education Chair: FISHER WEDNESDAY, MAY 8 TH 9:00 A.M. Dept of Human Resources Chair: FONTANA Div. of Employment & Training Div. of Employee Relations Div. of Compensation & Benefits Civil Service Administration Civil Service Appeals Board 11:00 A.M. Dept of Permit & Inspection Ser Chair: FONTANA Permits Licenses Inspections Plan Review 2:00 P.M. Department of Public Works, Parks & Streets Chair: GRANT Div. of Engineering Div. of Buildings Div. of Water Div. of Telecommunications Demolitions Div. of Parks & Recreation Div. of Streets Street Cleaning & Snow Removal Solid Waste Bureau of Animal Shelter Commission on Citizen Rights & Community Relations THURSDAY, MAY 9TH 9:00 A.M. Board of Elections Chair: GRAY 9:30 A.M. Civic Bodies Chair: GRAY 1:30 P.M. Civic Bodies Chair: GRAY REFERRED TO THE COMMITTEE ON THE WHOLE NO. 29 AMERICAN WATER SERVICES REQUEST FOR PRPOSAL On Apr] 12'd , 2002 American Water Services (AWS) submitted a fully compliant proposal in accordance with the Request for Proposals (RFP) issued by the Water Board. In addition to providing competitive pricing for five and ten year operation terms, AWS provided innovative alternative proposals Including a full asset purchase at a value up to $90 Million. We have observed with great interest recent articles in the Buffalo News detailing Our competitor's alternative approach to the City's RFP. We understand that this proposed Design Build Operate (I)BO) approach, although not contemplated in the original RFP nor permitted under New York State legislation, might provide for a capital investment of up to $60 million. Recent articles have indicated that the mayor and others may wish an extension to our current contract such that alternative contract servicing scenarios could be explored in detail. We. applaud the mayor for his foresight and progressiveness in his desire to evaluate all approaches available to meet the needs of the City. As one of the predominant DBO service providers in North America, AWS is intimately familiar with the legislative challenges that are inherent to DBO projects. Recent DBO legislation efforts in the Northeast, more specifically, in Lawrence, MA saw a legislative process, with no filed objections by any effected groups that took almost eighteen months to complete. We therefore perceive the one -year time frame contemplated in the news articles as an aggressive target that in all likelihood is not achievable. Nevertheless, AWS is committed to continuln -4 to work with the Water Board in identifying and developing the best valued proposition for the Water Board, the City of Buffalo, and its residents. It has always been AWS' approach to work cooperatively with the Water Board in meeting its expectations and needs. As our current contract does not contemplate an extension, we believe that the Water Board, the City and Our Customers would be better served by entering into a longer -term contract that allowed AWS to invest funds in the system to improve productivity, performance and reliability. Such investments are not viable in a short -term contract. AVIS understands the Water Board's desire to maintain the flexibility to pursue the most advantageous method of meeting their objectives. In the interest of guaranteeing that the Water Board may maximize the value from the many benefits included in our proposal, and that flexibility is maintained, we recommend that the Board enter into this long term arrangement with AWS and negotiate a service agreement that would include provisions for Early Termination for Convenience. This would allow the Water Board to terminate the agreement with AWS at anytime should the decision be made to pursue a DBO Opportunity. If the Water Board signs a long -term agreement with AWS, we will be in a position to begin the capital works and operational improvements described in our proposal immediately. Delaying the selection of an operator for a long term contract would only delay the needed system improvements that we have planned as part Of Our proposal. We would like to go on record at this time stating that AWS does not believe that reducing the capacity of the existing water facilities is the best option for the City. We believe that retrofitting the existing water treatment plant is possible, more cost effective and would not limit the City's ability to Support economic growth and expansion. In our proposal, AWS has included the replacement of over four and one half miles of substandard distribution mains per year. We feel this initiative will have a positive impact on the City's water system from an infrastructure renewal perspective and from the standpoint of lost /un accounted for water. As always, AWS is prepared to work with its partners in order to identify and implement the best solution available to meet the needs of the Water Board and its customers. Our submission is fully compliant, well thought -out and it ensures excellent water quality for the City's residents. In addition, our proposal guarantees the continued placement of all current City of Buffalo Division of Water staff throughout the entire contract term. We look forward to a favorable response to our Suggestion and would welcome the opportunity to present the details of our proposal to you and The Water Board REFERRED TO THE COMMITTEE ON BUDGET FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 30 Amendment to Erie Basin Marina Lease Brand - On Services, Inc. The current lease between the City and Brand - On Service, Inc. covers the operation of the Hatch Restaurant, The Ship Store and fuel sales at the Erie Basin Marina. For the past several years, the City has been operating other Marina functions ourselves. Brand - On has given us a proposal to operate the entire Marina. Under the new proposal the City would receive slightly more income from the operations at the Marina than the current arrangement. Based on 2001 revenue and cost, the City would have received $20 1,700 as payment from Brand - On Services under the terms of the new proposal. We actually netted $197,633 in 200 1. The main items of the proposed lease modification would be as follows: City would lease entire premises, including slips and parking spaces. The lease would be extended for an additional five years (until 2016 if all extensions were exercised). Approval of both parties would be required. Payment for the lease of slips would vary based on the amount of income received by Brand - On. There would be a minimum of $ 115,000 guaranteed. Ninety percent (90 %) of all future slip rental rate increases will be paid to the City. City approval of all future increases will I required. Brand -- On Services will be responsible for all security. Brand - On Services will build a new maintenance facility for City personnel, and will utilize the existing maintenance facility to expand its restaurant operations. The cost of the new facility will be deducted from the rent due to the City over the next four years. I request the Common Councils approval to enter into the contract modification as proposed by Brand - On Services. REFERRED TO THE ERIE BASIN MARINA TASK FORCE No. 31 Cary Street, Parking Within City Right of Way . (Item No. 134 C.C.P. 03/19/02) Mr. Richard Franco, of Benderson Development, has applied for permission to encroach City right of way with a parking area on the north side of Cary Street between South Elmwood and Delaware Avenues. The parking area would be installed to provide diagonal parking for the Hampton Inn and Suites, located at 220 Delaware Avenue. The proposed parking area would occupy approximately 4,000 square feet of right of way and accommodate 20 vehicles. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413 -67 (Encroachment regulations) of the City Ordinances and the City Planning Board has approved this application with conditions attached. Therefore this department has no objection to said encroachment provided the following conditions are met: 1. That the applicant obtain any and all other required City of Buffalo permits. 2. That all conditions listed by the City Planning Board in its approval be met. 3. That the concerns of the management of Dulski Federal Building be addressed. 4. That the parking area be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 5. That the applicant be responsible for maintenance of the parking area as long as it remains within City right of way. 6. That the applicant shall be charged a fee of $2.50 per square foot on a yearly basis for utilization of City right of way as a parking area. 7. That, in the event the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, said commissioner may order the immediate removal of the encroachment as described in Chapter 413 -67(F) of the City Ordinances. 8. 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 or removal of said parking area. Mrs. LoTempio Moved: That the above communication from the Department of Public Works, Parks and Streets dated April 24, 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 license7' to Richard Franco, of Benderson Development, acting as agent for the Hampton Inn and Suites, located at 220 Delaware Avenue, to provide diagonal parking, which would encroach 4,0000 square feet of city right -of -way at said address, subject to the conditions as listed above. Passed. AYES - 13 - NOES — 0 No. 32 Change in Contract JFK Community Center Roof Reconstruction I hereby submit to Your Honorable Body the following changes for the JFK Community Center, Roof Reconstruction, Jameson Roofing, C #92010435. 1. Credit for unneeded deck repair. Deduct $5,000.00 The foregoing change results in a net decrease in the contract of Five Thousand and 00/100 Dollars ($5,000.00). Summary: Current Contract Amount $ 198,988.00 Amount of This Change Order ( #1) Deduct $ 5,000.00 Revised Contract Amount $ 193,988.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were, found to be fair and equitable. Funds for this work are to be credited to CPF 3263211506 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 April 19, 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 Jameson Roofing, a decrease in the amount of $5,000.00, as more fully described in the above communication, for work relating to JFK Community Center, Roof Reconstruction, C #92010435. Funds for this project are to be credited to CPF 36321506 445 100 - Division of Buildings. Passed AYES -13- NOES -0 No. 33 Change in Contract 118 E. Utica Street Phase III Renovations Electrical Work I hereby submit to Your Honorable Body the following changes for 118 E. Utica Street, Phase III Renovations, Electrical Work, Goodwin Electric Corp., C #92010488. 1. Modify bowling lanes, control room and sauna. Deduct $10,920.00 The foregoing change results in a net decrease in the contract of Ten Thousand Nine Hundred Twenty and 00/100 Dollars (- $10,920.00). Summary: Current Contract Amount $55,880.00 Amount of This Change Order ( #1) Deduct $10,920.00 Revised Contract Amount $44,960.00 Costs have been reviewed by the Consulting Architect (Robert Traynham Coles Architect, PC) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are to be credited to CPF 30230206 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 April 23, 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 Goodwin Electric Corp., a decrease in the amount of $10,920.00, as more fully described in the above communication, for work relating to 1 18 E. Utica Street, Phase III Renovations, Electrical Work, C 992010488. Funds for this project are to be credited to CPF 3 023 0206 445 100 - Division of Buildings. Passed AYES -13- NOES -0 No. 34 Change in Contract 118 E. Utica Street Phase III Renovations General Construction I hereby submit to Your Honorable Body the following changes for 118 E. Utica Street, Phase III Renovations, General Construction, Wilsandra Construction, C #92010499. 1. Modify bowling lanes, control room and sauna. Deduct $14,974.00 The foregoing change results in a net decrease in the contract of Fourteen Thousand Nine Hundred Seventy Four and 00/100 Dollars (- $14,974.00). Summary: Current Contract Amount $ 259,300.00 Amount of This Change Order ( #1) Deduct $ 14,974.00 Revised Contract Amount $ 244,326.00 Costs have been reviewed by the Consulting Architect (Robert Traynham Coles Architect, PC) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are to be credited to CPF 30230206 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 April 23, 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 Wilsandra Construction, a decrease in the amount of $14,974.00, as more fully described in the above communication, for work relating to 118 E. Utica Street, Phase III Renovations, General Construction, C #92010499. Funds for this project are to be credited to CPF 3023 0206 445 100 - Division of Buildings. Passed AYES -13- NOES -0 No. 35 Change in Contract 118 E. Utica Street Phase III Renovations Plumbing Work I hereby submit to Your Honorable Body the following changes for 118 E. Utica Street, Phase III Renovations, Plumbing Work, Numarco, Inc., C #92010531. 1. Reroute existing sink vent piping. Add $ 998.23 The foregoing change results in a net increase in the contract of Nine Hundred Ninety Eight and 23/100 Dollars ($998.23). Summary: Current Contract Amount $41,000.00 Amount of This Change Order ( #1) Add $ 998.23 Revised Contract Amount $41,998.23 Costs have been reviewed by the Consulting Architect (Robert Traynham Coles Architect, PC) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 30230206 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. Ms. LoTempio moved That the above communication from the Commissioner of Public Works, Parks and Streets dated April 23, 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 Numarco, Inc., an increase in the amount of $998.23, as more fully described in the above communication, for work relating to 118 E. Utica Street, Phase III Renovations, Plumbing Work, C #9201053 1. Funds for this project are available in CPF 3023 0206 445 100 - Division of Buildings. Passed AYES -13- NOES -0 No. 36 Change in Contract Zoological Gardens Main Animal Building General Construction I hereby submit to Your Honorable Body the following changes for the Zoological Gardens, Main Animal Building, General Construction, Kirst Construction, Inc., C #92010502. 1 . Credit for waived permit fees. Deduct 3,882.00 2. Rock excavation. Add $21,358.00 3. Additional gunite texture on south wall. Add 4,543.00 4. Additional gunite rock work at south entrance. Add 3,884.00 5. Installation of P- traps. Add 10,440.00 6. Additional stone work at door 103. Add 8,897.00 7. Backfill gunite walls, footers, ponds, etc. Add 9,002.00 The foregoing change results in a net increase in the contract of Fifty Four Thousand Two Hundred Forty Two and 00/100 Dollars ($54,242.00). Summary: Current Contract Amount $1,564,493.00 Amount of This Change Order ( #1) Add $ 54,242.00 Revised Contract Amount $1,618,735.00 Costs have been reviewed by the Consulting Architect (Foit Albert Associates) 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. The entire funding for this project, including funds for this change order, have been provided by Erie County. 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 April 23, 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 Kirst Construction, Inc., an increase in the amount of $54,242.00, as more fully described in the above communication, for work relating to the Zoological Gardens, Main Animal Building, General Construction, C #92010502. Funds for this project are available in CPF 3 53 20706 445 100 - Division of Buildings. Passed AYES -13- NOES -0 No. 37 Change in Contract Zoological Gardens Main Animal Building Plumbing Work I hereby submit to Your Honorable Body the following changes for the Zoological Gardens, Main Animal Building, Plumbing Work, Matthew Kandefer, Inc., C #92010530. 1. Increase size of lines and valves in pool drains. Add $ 3,543.96 2. Provide pool heat exchanger. Add $ 10,047.35 3. Credit for work not performed under CO #1. Deduct $ 1,990.69 The foregoing change results in a net increase in the contract of Eleven Thousand Six Hundred and 62/100 Dollars ($11,600.62). Summary: Current Contract Amount $ 170,757.08 Amount of This Change Order ( #2) Add $ 11,600.62 Revised Contract Amount $ 182,357.70 Costs have been reviewed by the Consulting Architect (Foit Albert Associates) 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. The entire funding for this project, including funds for this change order, have been provided by Erie County. 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 April 24, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to Matthew Kandefer, Inc., an increase in the amount of $11,600.62, as more fully described in the above communication, for work relating to the Zoological Gardens, Main Animal Building, Plumbing Work, C 992010530. Funds for this project are available in CPF 35320706 445100 - Division of Buildings. Passed AYES -13- NOES -0 No. 38 City of Buffalo Streets Department Trade -in Summary 2001 -2002 July 12, 2001 CCP. #54 $44,000 Credit used toward the purchase of three 2002 tandem axle- dump truck chassis total $235,575.00 - 44,000.00 total -cost $ 191,575.00 Oct.3a,2001 CCP# 50 and Dec.26,2001 CCP# 38 These two, items go together as one due to a filing, error. Credit used toward to purchase of two tandem axle dump chassis and one dump, body /plow frame. total credit $177,521.44 total -cost $176,795.00 balance $ 726.44 Proposed trade -in of 10 trailers and two, packers to be used to purchase parts and service to repair a fire damaged 2000 Volvo plow /salt spreader We owe approximately $20,000 on each trailer and the offer is $ 22,000 each with the dealer to pay off the leins directly to, GE Capital as they did on the previous trades. The total credit of $ 30,000 can purchase a majority of the parts needed to repair this truck with our shop performing all the labor. We, will still have eight trailers left from the transfer- station operation and we have- already converted two- into trash removal units presently used in the, Streets Dept. REFERRED TO THE COMMITTEE ON FINANCE NO. 39 Dignity Village Development Plan The development plan for DIGNITY VILLAGE has been submitted to and approved by the City of Buffalo Planning Board by the developer, Women for Human Rights and Dignity. A necessary part of the Dignity Village Project will be the acceptance and dedication of the public street to be known as DIGNITY LANE. The Department of Public Works, Parks and Streets has reviewed the plans for the project and herein recommends that Your Honorable Body accept the deed conveying fee title of the right -of -way to the City of Buffalo, the dedication of said right -of way as a public street and the naming of said public street DIGNITY LANE. The suggested legal description for DIGNITY LANE is as follows: All that tract or parcel of land situate in the City of Buffalo, County of Erie, and State of New York, being part of Lot 39, Township 11, Range 8 of the Holland Lane Company's Survey and further distinguished as all of Subdivision Lots Nos. 98 and 108 and parts of Lots Nos. 97, 99, 107 and 109, as shown on a map filed in the Erie County Clerk's Office under Cover No. 317, being further bounded and described as follows: Beginning at a point on the southerly line of East Delavan Avenue (66 ft. wide) distant of four hundred four and twenty hundredths (404.20) feet westerly of the intersection of said line of East Delavan Avenue, with the westerly line of Fillmore Avenue; Thence southerly at right angles, a distance of two hundred twenty and no hundredths (220.00) feet to the northerly line of Mochican Street; Thence westerly at right angles along the northerly line of Mohican Street, a distance of forty -six and no hundredths (46.00) feet to a point; Thence northerly at right angles, a distance of two hundred twenty and no hundredths (220.00) feet to the southerly line of East Delavan Avenue; Thence easterly along the southerly line of East Delavan Avenue, a distance of forty -six and no hundredths (46.00) feet to the point or place of beginning, containing 0.23 acres of land more or less. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE DIRECTOR OF STRATEGIC PLANNING NO. 40 252 Delaware Avenue Expand Existing Sidewalk Cafe (Item No. 147, C.C.P. 05/01/01) Mr. Bill Paladino, owner of The Red Room, located at 252 Delaware Avenue, has requested permission to expand an existing sidewalk cafe (CCP #147 of 511101) to include additional City right of way on Delaware Avenue. The addition would measure approximately 30' in length and extend 8' from the building face into City right of way. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413 -59 (Sidewalk Cafes) of the City Ordinances and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If the expansion is approved by the Planning Board and Your Honorable Body the Commissioner will issue a "Mere License" for the installation of the expanded cafe provided all conditions in the original approval (CCP #147 of 511101) are met. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD No. 41 520 Elmwood Avenue Expand Existing Sidewalk Cafe Item No. 177, C.C.P, 11/26/96) Mr. Jon DiBeruardo, owner of LeMetro Restaurant, located at 520 Elmwood Avenue, has requested permission to expand an existing sidewalk cafe (CCP# 177 of 11 /26/96) to include additional City right of way on Elmwood Avenue. The Elmwood Avenue addition would measure approximately 20' in length and extend 6' from the building face into City right of way. The Department of Public Works, Parks & Streets has reviewed this application pursuant to Chapter 413 -59 (Sidewalk Cafes) of the City Ordinances and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If the expansion is approved by the Planning Board and Your Honorable Body the Commissioner will issue a "Mere License" for the installation of the expanded cafe provided all conditions in the original approval (CCP #177 of 11/26/96) are met. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 42 M. LEE —INNER CITY FOOTBALL LEAGUE FOOTBALL LEAGUE This Department has already responded to the March 14, 2002 letter to Mayor Masiello regarding the football field at Glenny Park. Our response of March 28, 20 is attached. Since that date the construction of the shelter house has commenced, and we are still waiting for the snow to melt to see what if any damage to the football field needs to be addressed. Hopefully this response is satisfactory to Your Honorable Body. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 43 MICHIGAN AVENUE BRIDGE OVER EXCHANGE STREET AND CSX CONSTRUCTION CONTRACT AGREEMENT BIN 42260610 PIN #5754.55.321 CCP #26 OF 10/17/00 This is to advise your Honorable Body that I have advertised for and received public bids on April 17, 2002 for the reconstruction of Michigan Avenue Bridge over Exchange Street and CSX. The following bids were received: Contractor Total Bid Price 1. Oakgrove Construction, Inc. $5,851,023.30' P. 0. Box 103 6900 Seneca Street Elma, New York 14059 2. U.C.C. Constructors, Inc. $6,046,929.00 105 Center Road P.O. Box 648 W. Seneca, New York 14224 3. Paul J. Gallo Contracting Inc. $6,191,585.67 4244 Ridge Lea Road, Suite 41 Amherst, New York 14226 4. Nichols, Long & Moore Construction Corp. $6,191,602.90 14.9 Gunnville Rd. Lancaster, New York 14086 'Original Bid amount of $5,854,023.30 contained a mathematical error. Oakgrove Construction has acknowledged the error and has agreed with the corrected amount of $5,851,023.30 1 hereby certify that the lowest responsible bidder for the above project is Oakgrove Construction Inc. in the amount of $6,143,574.47 (base bid of $5,851,023.30 plus 5% unit price increases $292,55 1. equals total encumbrance of $6,143,574.47). The engineer's estimate for this work is $6,373,560.76. Funds will be available in a Capital Project account specifically for this project. I therefore recommend that your Honorable Body authorize a contract award to Oakgrove Construction, Inc. in accordance with their low bid on April 17, 2002. This is a federally funded project that is 95% reimbursable to the City of Buffalo. Mrs. LoTempoio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 23, 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 reconstruction of Michigan Avenue Bridge over Exchange Street and CSX to Oakgrove Construction, the lowest responsible bidder, in an amount of $6,143,574.47 (base bid of $5,851,023,30 plus 5% unit price increases $292,551.17 equals total encumbrance of $6,143,574.47). Funds for this project are available in Capital Project account. PASSED AYES -13 NOES -0 NO. 44 PERMISSION TO ENTER INTO AGREEMENT CUSTOM BENCH ADVERTISING CORP. Custom Bench Advertising Corp. has submitted an unsolicited proposal to place new benches throughout the City of Buffalo adjacent to bus stops on our rights -of -way. In return, Custom Bench is seeking an exclusive license agreement from the City for the placement of the benches. Custom Bench would then seek advertisers to place advertisements on the benches. We have negotiated a license fee of 5% of all revenue realized by the sale of advertising with a guaranteed minimum as follows: Year 1 $1,200.00 Year 2 2,500.00 Year 3 3,750.00 Year 4 -+ beyond: 5,000.00 Under this agreement Custom Bench would provide all maintenance, upkeep and repair of the benches at no cost to the City. The City would also be named as an additional insured on a $1 million liability policy. I therefore- request the Common Councils authorization to enter into a License Agreement with Custom Bench which reflects the above mentioned conditions. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL NO. 46 PROPOSALS FOR THE OPERATION OF DELAWARE PARK AND BRODERICK PARK CONCESSIONS The Department of Public Works, Parks and Streets advertised for proposals for the operation of the concession stands at Delaware Park and Broderick Park. Proposals were due on April 3 and April 10 respectively. Although several copies of the Request for Proposals (RFP) were picked up, no actual proposals were received for the operation of either facility. We then contacted the Police Athletic League of Buffalo (PAL) to see if they had any interest in operating one or both of the concessions. PAL is willing to operate both sites in full conformance with all regulations of the Erie County Board of Health and the City of Buffalo, and will pay the City 3% of gross receipts from each facility. The PAL is a not - for - profit organization with a long standing, excellent reputation with the City. In the past they have always complied with all pertinent regulations and have promptly paid any commissions due or owing from past events. Income realized by the PAL from these operations will be used to continue their on -going programming for the children of the City of Buffalo. I, therefore, request Common Council approval to enter into a one -year lease, with four mutually agreeable one -year renewal options, with the Police Athletic League for the operations of concessions at Delaware Park and Broderick Park. REFERRED TO THE COMMITTEE ON FINANCE NO. 46 658 MAIN STREET REAPPLY FOR PERMISSION TO INSTALL SIDEWALK CAFE ITEM NO. 124, C.C.P. 11/13/01 Mr. John Cipolla, owner of 658 Bar and Lounge, located at 658 Main Street, has reapplied for permission to install a sidewalk cafe located within City right of way at said address. Mr. Cipolla originally applied for a sidewalk cafe in April, 200 1, but was denied permission by the City Planning Board (CCPA 124 of 1 1/ 13 /0 1). The Department of Public Works, Parks and Streets has again reviewed this application pursuant to Chapter 413, Section 59 (Sid. -walk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said sidewalk cafe provided the following conditions are met: 1.. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the sidewalk cafe does not exceed 10 feet in length or extend more than 10 feet from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right of way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of $ 1.30 per square foot of City right of way occupied by said sidewalk cafe as described in Chapter 413, Article IX Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 47 503 FRANKLIN STREET REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mr. Dominic Fugazi, owner of Fugazi, a cocktail bar located at 503 Franklin Street, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure 20 feet in length and project 10 feet from the building face into City right of way. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said sidewalk cafe provided the following conditions are met 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the sidewalk cafe does not exceed 20 feet in length or extend more than 10 feet from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right of way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of $1.30 per square foot of City right of way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 48 929 ELMWOOD AVENUE REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mr. David Fabian, owner of the Bistro Vite Restaurant, located at 929 Elmwood Avenue, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure 27 feet in length and project 8 feet from the building face into City right of way. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said sidewalk cafe provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the sidewalk cafe does not exceed 27 feet in length or extend more than 8 feet from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right of way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of $1.30 per square foot of City right of way, occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 49 1009 ELMWOOD AVENUE REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mr. James Edwards, owner of Edrito's Restaurant, located at 1009 Elmwood Avenue, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure 20 feet in length and project 9 feet from the building face into City right of way. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public 'Works, Parks and Streets to issue a "Mere License" for said sidewalk cafe provided the following conditions are met: 1 . That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the sidewalk cafe does not exceed 20 feet in length or extend more than 9 feet from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right of way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of $1.30 per square foot of City right of way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 50 1274 LOVEJOY STREET REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE AND AWNING Mr. Jeffrey DeBergalis, owner of Mr. Lovejoy's Bar, located at 1274 Lovejoy Street, has requested permission to install a sidewalk cafe and awning which would encroach City right of way at said address. The proposed cafe would measure twenty -two feet in length and project six feet from the building face into City right of way. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said sidewalk cafe and awning provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the sidewalk cafe and awning 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 in length or extend more than six feet from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right of way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of $1.30 per square foot of City right of way occupied by said sidewalk cafe as described in Chapter 413, Article IX Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond o certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss arising out of the construction, maintenance, use and removal of said sidewalk cafe and /or awning. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 51 995 NIAGARA STREET REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mr. Thomas Murphy, owner of the JT Murphy's Restaurant, located at 995 Niagara Street, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure 32 feet in length and project 10 feet from the building face into City right of way. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said sidewalk cafe provided the following conditions are met 1 . That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the sidewalk cafe does not exceed 3 2 feet in length or extend more than 10 feet from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right of way from November 15 to April I each year. 6. That the applicant be assessed the annual fee of $1.30 per square foot of City right of way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond o certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 52 49 WEST CHIPPEWA REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mr. Jim Valenti, owner of Liars Bar, located at 49 West Chippewa Street, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure 20 feet in length and project 5 feet from the building face into City right of way. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said sidewalk cafe provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the sidewalk cafe does not exceed 20 feet in length or extend more than 5 feet from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right of way from November 15 to April I each year, 6. That the applicant be assessed the annual fee of $1.30 per square foot of City right of way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 53 56 WEST CHIPPEWA REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mr. Mark Goldman, owner of the Calumet Building, located at 56 West Chippewa Street, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure 30 feet in length and project 6 feet from the building face into City right of way. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said sidewalk cafe provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the sidewalk cafe does not exceed 30 feet in length or extend more than 6 feet from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right of way from November 15 to April I each year. 6. That the applicant be assessed the annual fee of $ 1.3 0 per square foot of City right of way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 54 62 ALLEN STREET SIDEWALK CAFE WITHIN RIGHT OF WAY Mr. Kcvin Peinkofer, the new owner of Fiddlebeads Restaurant, located at 62 Allen Street, has requested permission to install a sidewalk cafe within City right of way at said address. Fiddleheads Restaurant was previously approved to install a sidewalk cafe (CCP440 of 5/30/95) at this location. The Department of Public Works, Parks and Streets has no objection to Your Honorable Body authorizing the Commissioner to issue a "Mere License" to the new owner provided all conditions listed in the original approval are met. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BQARD NO. 55 REPORT OF AUDIT - DEMOLITIONS ITEM 425, C.C.P. 4/2/02 This department has been asked to comment on the referenced audit of the Demolitions Division of this department. At a recent meeting with representatives of the Comptrollers office, we were told that their audit and subsequent recommendations were based on a comparison of the total costs allocated to the division with the number of structures demolished. Although this is usually an acceptable method to determine the cost of demolishing a unit, it is not a true reflection of costs in this instance. On many occasions, employees assigned to the Demolition Division have been reassigned to other duties such as snow removal, tree removal, and other responsibilities of this department. This ability to temporarily reassign employees was one of the compelling reasons for combining the former departments of Public Works, Parks, and 'Streets. We still believe that our in -house demolition crew is demolishing structures at a lower cost than private contractors. The only way, however, to determine the actual cost would be to observe several demolitions to keep track of actual man -hours and related costs. V A9A V VA 111ri111 .I:9K0]dildiIIaIA00011:i11Biel:%I NO. 56 SNOW REMOVAL AT BUS STOPS ITEM 482, C.C.P. 3/19/02 The referenced item was sent to this department for comment on snow removal responsibilities regarding bus stops. Section 413 -50 of the City's ordinances requires abutting property owners to remove snow and ice from the sidewalk abutting their premises. If a bus stop exists, it would be that abutting property owner's responsibility to clear the area. The Streets Division of this department has never had the responsibility for clearing bus stops. In the past, however, in unusual circumstances, they have assisted various groups in such activities. During this past winters major storms, inmates were provided by the State for this purpose, but for a short period of time. There is no way that with our current workforce, this department can take on the responsibility for clearing bus stops. I would also suggest that the Corporation Counsel be requested to see if any agreements exist with NFTA regarding this issue. REFERRED TO THE COMMITTEE ON STREETS SERVICES AND THE CORPORATION COUNSEL NO. 57 W. TRAVIS - AFSCME LOCAL 264 - CONCERNS BROADWAY GARAGE ITEM 488, C.C.P. 04/16/02 The referenced item was sent to this office for comment. We are well aware of the problems with the Broadway Garage. For the past several years I have been stating the need to address this problem. In the 2002 Capital Budget, approximately $450,000 is allocated to address the concerns in Mr. Travis' letter. Unfortunately, these funds will not be available to us until the City's next bond sale is completed in the next couple of months. In the meantime, we are having our engineers keep watch on the roof structure and we are removing any loose items that are accessible. As soon as the funds become available to us, we will solicit bids for a more permanent repair. REFERRED TO THE COMMITTEE ON BUDGET FROM THE COMMISSIONER OF POLICE NO. 58 DRUG ASSET FORFEITURE CHECKS RECEIVED ITEM NO. 104, C.C.P. 2/2/88 8155 - 00115479 C2 -01 -0107 835.94 8155- 00115398 C2 -01 -0134 561.65 8155- 00115668 C2 -01 -0145 874.15 8155- 00115675 C2 -01 -0072 349.18 8155- 00115675 C2 -01 -0106 2,280.14 8155 - 00115477 C2 -01 -0025 836.03 8155 - 00115757 C2 -01 -0035 7,007,51 8155- 00115759 C2 -00 -0157 1,211.69 TOTAL DEPOSIT $ 13,956.29 The above referenced property has been administratively forfeited by the Drug Enforcement Administration. (DEA). The checks were received by this Department and duly deposited in the Trust & Agency Account, #20010000 - 389001 These funds will be placed into one or more of the following accounts as deemed by the Commissioner of Police: Educational Training /Seminar Confidential Funds Materials and Supplies Firearms and Weapons Communications and Computers Electrical Surveillance Purchase of Services Improvements Vehicles Operating Equipment If you have any questions regarding the above mentioned, please contact Chief Edward Hempling at 851 -5181. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 59 PERMISSION TO ACCEPT VARIOUS GRANTS AWARDED TO DEPARTMENT LISTED BELOW AND APPROVAL FOR APPROPRIATE INTERFUND CASH LOANS As you are aware, the Buffalo Police Department has been very successful in securing grant funding through various sources. We have finally received official verification and confirmation from the County, State and Federal Governments as to these awards. Therefore, in order to keep within the practices of our grant processing, especially in this time of critical need for funds, we are asking permission from your Honorable Body for the Mayor to enter into the contracts listed below. In addition, we are also requesting, as is our standard practice, that your Honorable Body authorize the Comptroller to provide for an interfund cash loan for all non personnel expenses until such reimbursements are secured by the funding source (County, State, "Feds "). We have listed the amounts under each identified grant and each loan would then be repaid as the reimbursements are sent to the City under the individual grant programs. Because of the bureaucratic procedures involved with processing our grants, we are respectfully asking that these items be approved at the Council's April 30, 2002 meeting. Delayed information, budgets and contracts at these government levels, often times beyond the City's control, have created a pressing situation for the processing of the required paperwork. Some of these grants involve confidential funds, equipment, etc. and it is imperative that we spend out the funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly faced with time constraints Therefore, we would appreciate your approval at the next meeting. STOP DWI Grant Program We are requesting authorization for the Mayor to enter into the 2002 renewal agreement between the City of Buffalo and the County of Erie under the STOP DWI Grant Program for the period January 1, 2002 through December 31, 2002. The City of Buffalo and the County of Erie have had these annual contractual agreements over the last several years whereby the City is reimbursed for efforts in the enforcement of alcohol and /or related traffic violations. Under this agreement, the City will be reimbursed by the County for up to 65% of all revenue generated from fines levied resulting from the disposition of alcohol related traffic offenses. These funds are then utilized to continue enhancing the Department's DWI enforcement activities. Under this particular grant, there is no City Match and no interfund cash loan request. NYS MOTOR VEHICLE THEFT /INSURANCE FRAUD PREVENTION GRANT - Again, we are asking for authorization for the Mayor to enter into a renewal agreement between the City of Buffalo and the Department of Criminal Justice Services under the State's Motor Vehicle Theft and Insurance Fraud Prevention Program for the period 04 -01 -01 through 03- 31 -02. We have been awarded $73,000. Under this grant project, the Department will retain a sworn officer's position to continue to impede the incidence of automobile thefts and correlated crimes. We are requesting an interfund cash loan for all non - personnel expenditures in the amount of $12,000 as a cash advance for all departmental, non - personnel expenses (training expenditures /related equipment pertinent to this initiative) until such reimbursement is secured from the State; the balance of funding, $61,000 covers salary and approximately 20'o fringes including contractual benefits longevity, perfect attendance, holiday pay, in addition to Pica /medical /dental /life for personnel expenditures associated with this initiative. The loan would then be repaid as the reimbursements are sent to the City from the State under this grant project. There is no City Match involved with this grant. DRUG INTERDICTION/ POINTS OF ENTRY (POEL) - We are requesting authorization for the Mayor to renew our Drug Interdiction /Points of Entry Grant Program between the City of Buffalo and the New York State Division of Criminal Justice Services for the period December 1, 2001 through November 30, 2002. The renewal funding, totaling $130,325, will allow the Department to continue with the current drug interdiction project which is an intra- agency, cooperative alliance between our Department, the Cheektowaga Police Department, the Niagara Frontier Transit Police and the County's Central Police Service Laboratory. Drug interdiction investigations will be maximized to interrupt the flow of drugs (especially around airport and bus terminal) and a concentrated effort will continue to be geared toward the middle to higher level drug suppliers. We are also requesting an interfund cash loan for all non - personnel expenditures in the amount of $38,218 as a cash advance for all departmental, nonpersonnel expenses ($1,100 cellular contract for covert intelligence system /$34,494 for 2 unmarked vehicles, $2,624 for intelligence software until such reimbursement is secured from the State. The City's matching commitment is $52,167 and will be covered through the salary of the lead investigative detective who is part of POE team. The personnel reimbursement under this grant to the City, covering overtime ($33,840) and the salary of a Lieutenant ($58,267), totals $92,107, again, to work on the interdiction of drugs into the City of Buffalo. The interfund loan would then be repaid as the reimbursements are sent to the City from the State under this grant project. In addition, the State is also renewing our contract with the NFTA. As you are aware from previous approvals, the City of Buffalo acts as a conduit agency to receive funds earmarked for the NFTA Police Department as federal statutes and regulations prohibit the direct transfer of grant monies to any agency that is not a "taxing entity." We have been notified that the NFTA will receive $49,145 for their Year 10 DCJS'01 funds) which began January 1, 2002 through December 31, 2002. Under the renewal agreement that will be drawn up with the NFTA for their Year 10, we will forward the $49,145 as their share of grant funding under our 2001 -2002 POE grant fiscal year contract when we are reimbursed by the State. FLEX - Because the City's Gang Suppression (originally COMBAT Grant) was reaching the 48 month federal rule whereby a complete change in program had to be initiated, the State allowed us to submit an application for an additional $50,000 and we received prior approval from the Council at last year's 05 -01 -01 meeting (Item 464). At that time we had advised your Honorable Body that we were in the process of working on the application. We had advised you that the funds would be slated for equipment for our FLEX Unit. Because of the continuing fiscal crises experienced by both the State and the City, this application process was put on hold. At this time, the grant contract is in process, and therefore, we are, because of the delay in the time frame, asking again for permission for the Mayor to accept funds under this initiative so that the proper accounts for this acceptance of funds can be established. We are also requesting that your Honorable Body authorize an inter -fund cash loan in the amount of $50,000 for the FLEX grant, plus the matching share of $18,122 as a cash advance for all departmental, non - personnel expenses until such reimbursement is secured from the State. For your information, the funds will be spent strictly on 3 marked police vehicles as the Department's regular operating accounts for vehicles has been slashed. The loan would then be repaid as the reimbursements are sent to the City from the State under this grant project. Again, the City Match involved with this grant will not exceed $18,122 as we are mandated to meet at least $25'6 and this match will be covered with drug asset forfeiture funds. OPERATION PROTECT KIDS (CIGARETTE GRANT) - This renewal grant was awarded to the County of Erie under the New York State Department of Health's Youth Tobacco Enforcement and Prevention Grant and will run through September 15, 2002. Under this renewal agreement, the County will reimburse the City of Buffalo the sum of $35.00 for every completed compliance check of merchants who sell tobacco products. Using underage operatives as decoys, compliance checks will be conducted to see if active enforcement of New York State Public Health Laws reduces the availability of tobacco products to children. Another focus of this project is to educate local business owners with licenses to sell tobacco products as to the law, and how this law must be enforced. As was previously stated, underage operatives will be employed to randomly check city -wide businesses for compliance. Merchants who are found to violate this law and allow the operative to purchase tobacco products, will be subject to penalties imposed by the Health Department, which may include fines. The City of Buffalo will receive SOV, of any fines levied in order to continue the efforts to reduce tobacco sales to minors. Last year's program accomplished 396 enforcement checks which resulted in 23 enforcement actions (cited /fined). The City received $16,110 in revenue as a result of our participation. GOVERNOR'S TRAFFIC SAFETY (YEAR 7) - Once again, -The City of Buffalo has applied for 25,080 in renewal grant funding under the Governor's Traffic Safety Grant Program through our participation with the County of Erie's Governor's Traffic Safety Regional Planning Committee. Through this project, a heavy emphasis is being placed on general safety by addressing speed enforcement and aggressive driving behaviors which have been determined regionally by this committee as a major problem (whereby the City of Buffalo is represented as are the surrounding suburbs). The grant will reimburse the Department for personnel expenditures associated with our participation under this grant program up through September 30, 2003. There is no City Match involved with this grant. COOPERATIVE STRATEGIES TO REDUCE RACIAL PROFILING -The City has received funds in the amount of $150,000 from the US Department of Justice to promote cooperative strategies to reduce racial profiling. The Buffalo Police Department will partner with United Neighborhoods, Dramatic Solutions and SUNY Buffalo's Regional Community Policing Center to work with study circles from within 20 -25 of Buffalo's neighborhoods city -wide, including a youth summit. The study circles will address the issue of racial profiling, community perceptions and racially -based policing. A public awareness campaign will be initiated throughout the community as well as the development of a community action plan as a result of the study circles conducted. Training, education and a technical assistance guide will result from this initiative. There is not matching funds associated with this grant and the funds will be expended on the services provided to the Police Department from the partners listed above. GREAT (Gang Resistance Education And Training) - The City of Buffalo has been awarded a maximum of $20,000 through a cooperative agreement with the Bureau of Alcohol, Tobacco and Firearms to participate in the GREAT Program. This program instructs middle /high school students as to the dangers of gangs through education and prevention strategies. The initial period of performance ($10,000) runs from January 16, 2002 through January 15, 2003. The Buffalo Police Department has conducted GREAT Training without grant funds over the last several years. This year, the GREAT Program continues to revamp its entire curriculum and re- certification of our GREAT Officers is required. The funding received under this grant will be utilized, dependent on budget constraints to re- certify officers, for upgraded training, for promotional supplies supporting GREAT activities (T- shirts, student handbooks, pamphlets, etc.) as well as reimbursement of the Department's personnel costs associated with this initiative. As a precautionary measure, if funds will be spent on any non - personnel expenditures, approximately $10,000 when they have been fully determined), we are asking for an interfund cash loan until such time that reimbursement is secured from ATF; we will not seek an interfund loan for any personnel reimbursement expenditures. The interfund loan would then be repaid as the reimbursements are sent to the City from the ATF under this grant project. There is no required City Match. Again, we are asking for permission for the City to accept all of these awards, and also, authorization for the requested interfund cash loans. We are finding the processing of grant information more and more difficult due to the complexity of the different processes stipulated by Local, County, State and Federal Governments. We try to secure all the required information in a timely manner, however, the reality is that always does not happen, and as a result, we find ourselves, processing things that are quite lengthy, as is in this case, or having to process things extremely quickly or extremely late. We are asking for your cooperation and assistance with this particular filing, in light of what is happening budget -wise within our Department. If you have any questions or require further clarification of the above, please contact Chief Edward C. Hempling or Maureen Oakley at ext. 4475. Thank you for your immediate attention to this matter. Mrs. LoTempio moved: That the above communication from the Commissioner of Police dated April 24, 2002 be received and filed; and That the Commissioner of Police, be and he hereby is authorized on behalf of the City to accept or renew the various awards for STOP DWI Grant Program, NYS Motor Vehicle Theft /Insurance Fraud Prevention Grant, Drug Interdiction /Points of Entry (POE), FLEX, Operation Protect Kids (Cigarette Grant), Governor's Traffic Safety (Year7), Cooperative Strategies to Reduce Racial Profiling, GREAT (Gang Resistance Education and Training). Authorized the Comptroller to provide any necessary interfund cash loans for these grants. PASSED AYES -13 NOES -0 NO. 60 REPEAL OF THE ROCKEFELLER DRUG LAWS #182 CCP, APRIL 16,2002 The Buffalo Police Department does not have any comments or recommendations concerning said resolution. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION FROM THE CORPORATION COUNSEL NO. 61 REVIEW OF NOMINEE FOR APPOINTMENT - EMERGENCY MEDICAL SERVICES BOARD C.C.P., 4/21/02, NO. The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of April 1 -2, 2002) that the following nominee to the Emergency Medical Services Board has no outstanding debts to the City: Michael D'Oraclo RECEIVED AND FILED FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 62 B. GRANT - D. MOODY - CONCERNS- LISBON AVENUE I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. The letter of complaint, sent to your Honorable Body makes mention of the Housing conditions on Lisbon Avenue from Main Street to Parkridge Avenue. After a check of our files, we have discovered that there are a significant number of properties on Lisbon Avenue that are the subject of inspection activity. The letter generalizes the problem properties on this street. I would like to inform your Honorable Body that the Building Inspector assigned to this area is open to inspecting any property identified by block clubs, concerned citizens and your Honorable Body. If complaints of properties needing inspection are reported to the Department of Pen -nit and Inspection Services, we would appreciate that these complaints be address specific. The Building Inspector assigned to this section of the City is Mr. Brian Hayden. Inspector Hayden has informed me that he is open to touring the area with a representative of the Block Club or your Honorable Body to cite properties that are of concern. Problems with rodents, sidewalks and streetlights are the jurisdiction o f the Department of Public Works. The thefts of shopping carts are the Jurisdiction of the Department of Police. The concerns over the re- establishment of the Lighted Schoolhouse program are under the Jurisdiction of the Buffalo Board of Education. We in the Department of Permit and Inspection services realize that all concerns brought out in. n the attached letter are quality of life issues. We stand ready to assist and perform our assigned charge for the betterment of The City of Buffalo. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 63 RESTAURANT DANCE CLASS 1 1683 MAIN Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Restaurant Dance Class I License located at 1683 Main 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 I license is being sought and according to the attached reports from the Fire, Zoning and Building Inspector, 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 Thomas Higgins. The attached hereto for Thomas Higgins, d /b /a The Grind. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 64 RESTAURANT DANCE CLASS IV 596 GENESEE 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 IV License located at 596 Genesee 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 IV license is being sought and according to the attached reports from the Fire, Zoning and Building Inspector, 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 Jinume Larke Jr. The attached hereto for Jimmie Larke, Jr., d /b /a Arthur's Pub, Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ADMINISTRAION AND FINANCE NO. 65 LETTER TO DEPUTY CO. EXEC - QUESTION JOINT SERVICE PROPOSALS /SAVINGS Dear Carl, 'We read with interest your statement in today's paper that your "joint service" proposals to the City could save $1 -2 million this fiscal year and help avoid layoffs. We agree that there may be ways to save money in collaboration with the County. 'While we did receive the group of memos you hand delivered about 10 days ago, and while we would be very interested in including any potential savings associated with them in our City 2002 -2003 budget - especially to avoid painful layoffs we have questions relating to every item you mention. if have called your office to try to talk about this. We need to get these questions answered and formal proposals made if we are going to get this matter to the Council before the budget process ends. The questions for each area are listed below. Tax Assessment: The sample press release that was sent to you from the County Tax Division concerning Grand Island's continued collaboration with the County indicated that there could be a potential $500,000 savings in assessment relating to Buffalo. There were no details provided in the memo. City officials have raised with you ideas concerning the tri -party agreement, the guarantee of the City's tax levy, the assessment process itself and the in rem process (including the foreclosure auction). 'What specifically does the $500,000 refer to and can we yet some detail? If the proposal you are referring to includes privatization and the transfer of 1. "Ity employees to the County, we will need to understand better how the savings actually occur. County employees almost always earn higher salaries than City employees; likewise, we have recently contracted with GAR Associates for the citywide revaluation and even though they relied on City employees for field work, GAR still cost $2 Million. 'You may want to note for your savings calculations that the Mayor's Recommended Budget for 2002 -2003 reduces the Division of Assessment by $241,000 already. Senior Programs: The memo sent to you by your Senior Services Director indicated that there could be savings of $137,000 if the County took over operation of 5 of the City's 9 Senior Centers while closing the other 4. We are not sure whether this is a change in direction by the County as we were informed by the County Executive during our meeting in March that "the County is not interested in taking any buildings." Has the County Executive directed you to consider the situation differently or do you need to check with him? .Also, we need clarification on the way in which we should be looking at ;savings under the "No Handout No Bailout" Plan; the memo on Senior Services indicates $137,000 in savings but then the memo includes a plan by 'the manager for spending the savings on computers! How shall we lap n on 'booking savings in the City budget if the Courtly will be spending the Parks and Recreation: The question about buildings referred to above also relates to parks and recreation, which you are also indicating as having potential savings. The Coun1y Executive indicated ',no buildings" but recreation centers are buildings. What is the County's position? Also, as we have indicated in the past when discussing parks, the duties for the employees in parks change with the seasons: for instance, an employee in the parks during the summer works in the recreation centers during the winter. Likewise, employees are spread across parks, not dedicated to one park in particular. Is the County willing to take responsibility for all the City Parks and Recreation, including the neighborhood and "linear" Darks? Youth: The memo you sent to us, written by your Director, concludes that the County should not pursue the takeover of City Youth functions as this time due to employment and civil service issues in Youth Court. Are you disagreeing with your Director? Also, my understanding from the meeting we had in March with the County Executive was that the County was not interested in taking over Youth, because in its own Youth function the County merely passes through the reimbursement it receives to third party vendors. The conclusion at the meeting was that the City could just mirror that pass through model. We have done that in the Mayor's Recommended budget, reducing third party contracts from $200,000 to $50,000 exclusive of Operation Prime Time which has been eliminated as well. Has there been some change in the County's Position on Youth? As you know, the Mayor delivers his recommended budget to the Common Council on May 1. While that is only 2 days away, I believe that to the extent there are potential savings from your proposals, the Common Council would be happy to work to incorporate them during its portion of the budget process. That gives us until May 22 to get the proposals clarified. We are hopeful this can happen and will work with you toward that end but let me emphasize that we need these issues clarified and formal - proposals made as soon as possible if we are going to get this in front of the County before this ends. I look for ward to hearing from you soon. REFERRED TO THE COMMITTEE OF THE WHOLE FROM THE BOARD OF EDUCATION NO. 66 "UPDATED REVIEW OF CASH FLOW" ITEM NO. #26, C.C.P. APRIL 2, 2002 Item #26, C.C.P. April 2, 2002, "Updated Review of Cash Flow ". Response is attached. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 67 DIVISION OF INSTRUCTIONAL SERVICES LIST OF COMMUNITY SCHOOLS I attended the Education Committee of the Common Council on March 27, 2002. Several pieces of information were requested. The following responses will be forwarded to Jackie Rushton, Senior Legislative Assistant to the Common Council: Information Requested Response List of Community Schools and State Funded: Addresses School 53 - 329 Roehrer School 36/76 - 10 Days Park / 30CI S.Elmwood City of Buffalo Funded: School 18 - 118 Hampshire School 27 - 73 Pawnee Pkwy. School 28 - 1515 South Park Ave. School 43 - 161 Benzinger School 44 - 1369 Broadway School 54 - 2358 Main St. School 57 - 231 Sears St. School 77 - 370 Normal Ave. School 78 - 345 Olympic Ave. Northwest Buffalo Regional Schools 79/94 -225 Lawn Ave. / 489 Hertel Ave. Grover Cleveland H.S. -110 Fourteenth St. Riverside H.S. - 51 Ontario St. Information Requested RESPONSE Update on Nursing program at BVTC Report is attached. (1) List of 2 1 " Century Grant schools List is attached. (2) Programs that will remain at BVTC BVTC will be discussed during the after renovations April 24 meeting with the Common Council Requirements to become a Community School Response Possibility of holding a School The State Education Department allowed resubmission for Schools 53 and 76 only. Amy Prentiss is the coordinator for City of Buffalo funding. She may be reached at 851 -4042. Changes meeting at the Delavan /Crider Center Requirements to have all schools open in the evening Response The Superintendent took this request to the Board Members. They scheduled a meeting in each zone and will vote on the building reuse recommendations on April 24, 2002. There is not enough time to advertise for another meeting or to hold another due to other previously scheduled meetings during this week. Funding for the engineer, custodian, and utilities is needed. Name of Operating Engineers President Jeff Lathrop Build Academy 891 -4058 REFERRED TO THE COMMITTEE ON EDUCATION FROM THE BUFFALO SEWER AUTHORITY NO. 68 2002 -2003 BUDGET -BSA Attached Budget Available for review in the City Clerk's Office. RECEIVED AND FILED FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 69 WEEKEND MAINTENANCE SERVICE FOR EMERGENCIES This is in response to your inquiry regarding #28, CCP April 2, 2002. Please be advised that the Buffalo Municipal Housing Authority has reinstituted weekend maintenance service for emergencies. RECEIVED AND FILED FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 70 BOUNDARY REVISION (CHANGE OF CIRCUMSTANCE) Dear Mr. DiMaggio: The Buffalo Economic Renaissance Corporation (BERC) as administrator of the New York State Empire Zone program for the City of Buffalo has endeavored to continously improve its performance and responsiveness to employment generating businesses located in Buffalo's Empire Zone. As you are aware, on May 27. 2001 the City of Buffalo revised the boundaries of Zone #38 to include those businesses and projects with pending investments that were originally included in the application for the City's second zone. That revision overlapped acreage in the 2 "' zone. Therefore we are undergoing a boundary revision in Zone #74 to delete land which had been previously desi2nated in Zone 438. Prior to the approval of the 2 ,d Zone in the City of Buffalo, we had received over 200 requests from businesses expressing expansion plans to be included in the Empire Zone. We have informed those businesses that upon approval of the 2 "' Empire Zone we would consider prospective requests that fit the following criteria: 1. Non - Retail New jobs 5 minimum New investment $100,000 minimum 2. Retention Annual Sales $500,000 minimum Existing jobs 5 minimum 3. Redevelopment Areas Private sector developers will be limited to three addresses in which investment will occur in the next 12 months. 4. Council Districts 10 acres allocated to each council district. (9) Council districts The attached map and company listing portray a boundary revision that will assist business development based upon the above criteria. The City of Buffalo Common Council has approved this plan unanimously. The last public action, which is a Public hearing and an attachment of the local law is scheduled for April 30, 2002. The regulatory effective date would officially be thirty (30) days after the last action. BERC looks forward to your continued cooperation and the expeditious processing of this revision request. RECEIVED AND FILED NO. 71 (NYS EMPIRE ZONE) "REVISION TO 2 ND EMPIRE ZONE BOUNDARY DESCRIPTION" On February 4, 1994, this Honorable Body approved a Local Law creating an Economic Development Zone (hereinafter referred to as (Zone) On January 9, 2002, the City of Buffalo was awarded a second Economic Development Zone, now known as the Empire Zone, by the State of New York Due to recent developments and a change in circumstances, the Buffalo Economic Renaissance Corporation believe that it is in the best interest of the City of Buffalo to approve a revision to the boundaries of the 2nd Zone. It is therefore respectfully requested that the attached resolution be approved. LAID ON THE TABLE No. 73 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Public Works, Streets & Parks Police Fire Permit and Inspection Services RECEIVED AND FILED. No. 74 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: Buffalo Sewer Authority City Planning Board RECEIVED AND FILED. No. 76 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 22, 2002 In the Department of Public Works, Parks and Streets Division of Engineering To the Position of Bridge Operating Engineer Non - Competitive at the Flat Starting Salary of $8.15/hr. John Leverett 166 Y2 Potomac Ave. Buffalo, NY 14213 Certificate of Appointment Appointment Effective: April 24,2002 in the Department of Public Works, Parks Streets Division of Parks to the Position of Fee Collector Seasonal Appointment at the Flat Starting Salary of: $5.15 John Brady 160 Norwalk Buffalo 14216 Certificate of Appointment Appointment Effective: April 15,2002 in the Department of Public Works, Parks Streets Division of Parks to the Position of Fee Collector Seasonal Appointment at the: Flat Starting Salary of: $5.15 Kelly Haug 22 Weiyand Buffalo 14210 Certificate of Appointment Appointment Effective: April 22, 2002 In the Department of Public Works, Parks and Streets Division of Engineering To the Position of Laborer II Seasonal Non - Competitive at the Flat Starting Salary of $6.92/hr Kyle Murphy399 Voorhees Buffalo, NY 14216 Darryl Balance 161 Briscoe Buffalo, NY 14211 Mashi Booth 373 E. Utica Street Buffalo, NY 14208 Nicholas Derfert 103 Pontiac Street Buffalo, NY 14206 Kevin Hall 2002 Delaware Avenue Apt. 5 Buffalo, NY 14216 Alleric Gary 47 Norwood Avenue Buffalo, NY 14222 Gerald J. Brinkworth 47 Marine Drive Buffalo, NY 14202 Position of Seasonal Laborer II David Paul 44 Pavonia Street Buffalo, NY 14207 Joseph Smietana 238 South Ogden Buffalo, NY 14206 Edward Williams 21 Allen Street Buffalo, NY 14202 Brian Yost 3 Tennessee Street Buffalo, NY 14204 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 76 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 15, 2002 in the Department of Police to the Position of Crossing Guard Temporary Non - Competitive at the: Minimum Starting Salary of: $ 7.09 Guerin, Patricia A. 16 Heussy Ave. Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 77 BUFFALO CIVIC AA AUTO RAMPS BCAR- COMMENTS SALE OF MAIN RAMP Attached is a Buffalo Civic Auto Ramps, Inc. position paper putting forth the case against selling the Main Place Ramp. Thank You. THE CASE AGAINST SELLING MAIN PLACE RAMP The City is apparently still considering the sale of the parking ramp under the Main Place Mall as a part of its 2002 -2003 budget package. This proposed sale would be a mistake for several important reasons, discussed below. It would have a negative impact on ramp users, the City and downtown businesses and visitors. Main Place ramp is not operated as an isolated facility, but rather as a part of a coordinated system of downtown ramps and other parking facilities. Parking ramps are expensive facilities to build, with costs typically running at $12,000 to $20,000 per space. Consequently, the construction costs are bonded and paid off over many years. At current parking rates, a typical ramp does not produce enough revenue to cover debt service in its first ten to fifteen years. In latter years, as the related serial bonds are paid down, net ramp revenues exceed debt service and become available to finance new facilities or renovate older facilities. Main Place ramp, after many years as a net cash loser with losses made up by the people parking in other City facilities, is now in the period where it throws, off excess cash. The City downtown parking system is one of the great assets working positively for downtown. It provides convenient, reasonably priced parking which is the lifeblood for downtown office buildings. Parking rates in Buffalo have not been increased since 1988 and in fact have declined substantially during that period. Yet the parking system pays all of its related bonded debt and contributes modestly to the City coffers every year. The only negative in this picture is that the demand for convenient downtown parking has exceeded supply for the past FROM THE CITY CLERK No. 72 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 492 Pearl 492 Pearl David Forness 1435 Main Megan - Franklin David Forness 51 W. Chippewa DJB Management Patrick Kelleher 220 Franklin 220 Franklin Maric Turgeon 3112 Main 3112 Main Patrick kelleher 325 Fuhrmann 325 Fuhrmann Patrick Kelleher 2022 Seneca Dottie's Pub Dorothy Knapp 561 -565 Delaware Colter Bay Grill Patrick Kelleher 125 Main Buff St C.C.House Club Benjamin Zuffranieri 382 Abbott Hooleys Christopher Mikienis 492 Elmwood Ace Rangers Nick Kotrides RECEIVED AND FILED No. 73 Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Public Works, Streets & Parks Police Fire Permit and Inspection Services RECEIVED AND FILED. No. 74 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: Buffalo Sewer Authority City Planning Board RECEIVED AND FILED. No. 76 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 22, 2002 In the Department of Public Works, Parks and Streets Division of Engineering To the Position of Bridge Operating Engineer Non - Competitive at the Flat Starting Salary of $8.15/hr. John Leverett 166 Y2 Potomac Ave. Buffalo, NY 14213 Certificate of Appointment Appointment Effective: April 24,2002 in the Department of Public Works, Parks Streets Division of Parks to the Position of Fee Collector Seasonal Appointment at the Flat Starting Salary of: $5.15 John Brady 160 Norwalk Buffalo 14216 Certificate of Appointment Appointment Effective: April 15,2002 in the Department of Public Works, Parks Streets Division of Parks to the Position of Fee Collector Seasonal Appointment at the: Flat Starting Salary of: $5.15 Kelly Haug 22 Weiyand Buffalo 14210 Certificate of Appointment Appointment Effective: April 22, 2002 In the Department of Public Works, Parks and Streets Division of Engineering To the Position of Laborer II Seasonal Non - Competitive at the Flat Starting Salary of $6.92/hr Kyle Murphy399 Voorhees Buffalo, NY 14216 Darryl Balance 161 Briscoe Buffalo, NY 14211 Mashi Booth 373 E. Utica Street Buffalo, NY 14208 Nicholas Derfert 103 Pontiac Street Buffalo, NY 14206 Kevin Hall 2002 Delaware Avenue Apt. 5 Buffalo, NY 14216 Alleric Gary 47 Norwood Avenue Buffalo, NY 14222 Gerald J. Brinkworth 47 Marine Drive Buffalo, NY 14202 Position of Seasonal Laborer II David Paul 44 Pavonia Street Buffalo, NY 14207 Joseph Smietana 238 South Ogden Buffalo, NY 14206 Edward Williams 21 Allen Street Buffalo, NY 14202 Brian Yost 3 Tennessee Street Buffalo, NY 14204 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 76 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 15, 2002 in the Department of Police to the Position of Crossing Guard Temporary Non - Competitive at the: Minimum Starting Salary of: $ 7.09 Guerin, Patricia A. 16 Heussy Ave. Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 77 BUFFALO CIVIC AA AUTO RAMPS BCAR- COMMENTS SALE OF MAIN RAMP Attached is a Buffalo Civic Auto Ramps, Inc. position paper putting forth the case against selling the Main Place Ramp. Thank You. THE CASE AGAINST SELLING MAIN PLACE RAMP The City is apparently still considering the sale of the parking ramp under the Main Place Mall as a part of its 2002 -2003 budget package. This proposed sale would be a mistake for several important reasons, discussed below. It would have a negative impact on ramp users, the City and downtown businesses and visitors. Main Place ramp is not operated as an isolated facility, but rather as a part of a coordinated system of downtown ramps and other parking facilities. Parking ramps are expensive facilities to build, with costs typically running at $12,000 to $20,000 per space. Consequently, the construction costs are bonded and paid off over many years. At current parking rates, a typical ramp does not produce enough revenue to cover debt service in its first ten to fifteen years. In latter years, as the related serial bonds are paid down, net ramp revenues exceed debt service and become available to finance new facilities or renovate older facilities. Main Place ramp, after many years as a net cash loser with losses made up by the people parking in other City facilities, is now in the period where it throws, off excess cash. The City downtown parking system is one of the great assets working positively for downtown. It provides convenient, reasonably priced parking which is the lifeblood for downtown office buildings. Parking rates in Buffalo have not been increased since 1988 and in fact have declined substantially during that period. Yet the parking system pays all of its related bonded debt and contributes modestly to the City coffers every year. The only negative in this picture is that the demand for convenient downtown parking has exceeded supply for the past several years. Prospective tenants will not relocated downtown without convenient, reasonably priced parking. To supply this need, the parking system has planned a major expansion of two existing facilities, costing approximately $23,000,000. This expansion as planned will be funded totally by parking fees, including fees from the now profitable Main Place ramp. If this ramp is sold off (and at far less than its value to the City as noted below), then the needed expansion of convenient parking will be derailed or parking rates will have to rise to make up the difference. Either result win negatively impact an already fragile downtown economy. Some economic facts are in order here. The net operating income of the Main Place ramp has been above $750,000 annually for the past several years, and can be expected to increase modestly into the future. The Main Place ramp will continue to contribute to the parking system until 2019 when it will automatically revert to the then owners of the Main Place mall and tower. This represents a stream of income of at least $13,000,000 to be received by the City through 2019. Using a discount rate of 7% (very reasonable since the City can probably borrow at well less than 60/6), this represents a present value of over $7.5 million. Thus, the first question regarding this proposed sale is the offered price of $5.5 million. Why should the City sell the ramp for this price when the present value of the ramp's future revenues to the City far exceeds this amount? The sale proceeds would offer minor relief to a major City budget gap for the 2002 -2003 fiscal year. How much minor relief? The debt relating to the ramp will be approximately $4.02 million on June 30, 2002. This debt, which will have to be provided for if the ramp is sold, will reduce the net proceeds to $1.5 million, not enough to make a significant impact on the City's budget woe's. Additionally, this would be a classic "one shot" - not repeatable in subsequent years. This would delay and possible kill the parking system expansion currently slated. It would boost parking prices in a downtown which competes with suburban office complexes where parking is provided essentially free to office tenants. Like it or not, this is the real world we live in. Buffalo is an automobile City where you can drive essentially anywhere in the metro area in 20 minutes. By and large, commuters elect to drive to work, and if office tenants cannot provide convenient, moderately priced parking for their employees, they win move elsewhere. Downtown office tenancy will continue to stagnate or decline, the City's tax bases will continue to shrink, and the downward fiscal cycle the City is in will continue. Buffalo's parking system is one of the jewels in the City's crown. The City has never invested one dollar in the parking system, and is not expected to do so in the future. Yet the system's rates are very modest and the condition of the facilities is first class. Why should we begin the disassembly of one of the few examples of successful, long term planning (and one that is also self supporting), for the sake of a minor "one shot" bandaid. Please consider the City's future as well as its present and reject this proposal. REFERRED TO THE COMMITTEE ON FINANCE NO. 78 ITEMS TO BE FILED BY THE COMMITTEE ON COMMUNITY DEVELOPMENT Please file the attached letter that was received by the Community Development Committee from the Barbara Bistani, 307 Lakefront Blvd., Buffalo, NY 14202 concerning the Buffalo Riverwalk. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 79 C. FISHER J. STROMECKI — SUMMARY OF REPAIRS /PRICES MAIN PLACE MALL PKG RAMP Dear Mr. Michaux: I hereby submit for filing copies of a letter from Mr. James Stromecki, the Vice President of Stroriciecki Engineers. He is listing a summary of repairs and the prices for the Main Place Mall Parking Ramp. Sincerely, REFERRED TO THE COMMITTEE ON FINANCE NO. 80 P FOSTER CONCERN MENTAL HEALTH FACILITY KENSINGTON WARWICK I hereby submit for filing copies of a letter from the Colfax Avenue Block Club. Mr. Patrick Foster, who is the President of the Block Club, is expressing their concerns regarding the plans for the Mental Health Facility at Kensington and Warwick Avenue. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 81 C. FISHER P. SMITH -DRAFT GENERIC ENV IMPACT STATEMENT I hereby submit for filing copies of a letter from the Peter J. Smith. Mr. Smith has prepared information on the "Draft Generic Environmental Impact Statement" for the City of Rochester New York has prepared information on the "Draft Generic Environmental Impact Statement" for the City of Rochester New York. Attachment available for review in the City clerk's office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 82 C. FISHER ROCHESTER NY ZONING REVISION PROJKECT I hereby submit for filing copies of a memo regarding the Rochester. NY Zoning Revision Project. "I 7bis map is the first zoning code revision in 27 years that will ensure that Rochester meets its citizen's needs well into the future. Sincerely, Charley H. Fisher III Council Member at Large Attachments (4) REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 83 C FISHER COMMENTS TASK FORCE TO REDUCE VIOLENCE Dear Mr. Michaux: I hereby submit for filing copies of a letter from the Task Force to Reduce Violence. The Task Force is informing everyone about their purpose. Sincerely, Charley H. Fisher III Council Member at Large Attachments (4) To Members and Friends of the Task Force to Reduce Violence: The Task Force to Reduce Violence was created in 1992, when the incidence of violence was increasing dramatically in the Rochester community. Few if any organized efforts were in place to reduce and hopefully prevent violence and to deal with its effects. Since 1992, both the public and private sectors have responded in multi- faceted ways to the changing face of violence and the need for pro- active, preventative strategies. During this time, the Task Force -- relying entirely upon volunteers -- has developed programs, provided information, been a source of referrals, hosted public discussions, and acted as an expediter and link in coordinating resources. The Task Force has worked closely with the Rochester Police Department, the Monroe County Sheriffs Office, related governmental organizations, groups such as Center for Dispute Settlement and neighborhood organizations, city and county schools, Families and Friends of Murdered Children and Victims of Violence, faith -based organizations, and many other diverse groups and individuals. To better serve the changing needs of the community, the Task Force is becoming a membership organization. Bylaws were adopted in 2001. An interim Coordinating Committee has been created to prepare a budget, articulate an action plan, prepare for the first annual meeting, and hold elections. To facilitate this, the Task Force has moved into its new office at 34 Meigs Street. Members of the Task Force participate in a community -based response to violence and activity to prevent violence. They may attend monthly meetings and forums; they help shape collaboration among organizations and individual citizens; they receive a monthly newsletter and calendar of events; and they can take advantage of publications of other organiz4tions distributed by the Task Force. By sharing information and concerns of their local groups and neighborhoods, they contribute to creative solutions and useful dialogue. In sum, members know that they do not have to deal with their problems in isolation, which reinforces the values of community. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION NO. 84 C FISHER- CONSTRUCTION CONTRACT MONITORING AND COMPLIANCE SERVICES MONTHLY REPORT Dear Mr. Michaux: I hereby submit for filing copies of a report from Belvar Associates. The article submitted is the Construction Contract Monitoring and Compliance Services Monthly Report for March 2002. Sincerely, 'Charley H. Fisher Council Member at Large Attachments (4) Attachment available for review in the City Clerk's Office REFERRED TO THE MINOPRITY BUSINESS ENTERPRISE COMMITTEE NO. 85 S. FITZMAURICE- EXPANSION OF AUGSPURGER PARKING RAMP I represent Marine Buffalo Associates, L.P., the owner of One HSBC Center. I request that this correspondence be filed with and distributed to the members of the Common Council. As owners of the largest office tower in Western New York, Marine Buffalo Associates backs the expansion of the Augspurger Parking Ramp for the following reasons: 1. Like it or not, the preference of office workers in this geographic area is to be able to drive their own vehicle to work and park conveniently nearby. Time after time this preference is brought up when the success of our suburban office complexes is discussed. Downtown Buffalo is handicapped by not having similar amenities. The expansion of the Augspurger Ramp will address this situation in the Chippewa /Main Street Area. 2. A significant amount of faith and capital has been invested in Buffalo by the owners of properties such as Key Tower. Convenient and reasonably priced parking is essential to the success of these investments. 3. It's essential that any development in our community contribute to the surrounding area with the intended use. In addition, the architectural integrity should be such that it 'Is a positive influence. The expansion is designed so that the structure will not look like a parking ramp. The first two floors will be street friendly, providing for retail and office space. The existing structure and surface parking lot on the expansion site are at best an eyesore. The little used Church of Scientology structure does not appear to have a visible architectural significance, nor does it appear to be well maintained. The planned expansion would be a Significant improvement. Marine Buffalo Associates respectfully submits these comments and requests that you take them into consideration in your decision - making process. RECEIVED AND FILED NO. 86 K. PIAZZA -REQ REMOVE FREE PKG FOR DISABLED Please file this Rem for inclusion on the agenda of the next meeting of the Buffalo Common Council Sincerely, REFERRED TO THE COMMITTEE ON LEGISLATION NO. 87 B. GRANT HOUSING VIOLATIONS CASES UNIVERSITY DISTRICT Please file the following item with the Buffalo Common Council for the next full council meeting to be held Tuesday, April 30, 2002. We are asking the Common Council to investigate to see why it is taking so long to resolve many of the housing violation cases in the University District. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 88 M. HASTREITER-COM M ENT-REAPPORTION M ENT COMM. PUBLIC HEARING Dear Chairperson Arthur, If you would have been at the Reapportionment Commission Public Hearing at Autumnwood Senior Center on April 16, 2002, you would have put a stop to the way the meeting was headed. It was a complete love -in for the Lovejoy Councilperson by the people who get paid to run the various community centers and senior centers. Only a few people brought up the reapportionment and they made sense, however, all the others thanked the councilperson for all he has done for them. Of course, he has done nothing for the Lovejoy neighborhood, so our representation was drowned out by the others. One of the speakers even brought up the past election, which was completely out of order, making an insulting remark aimed in my direction. I believe that a meeting should be held in the Lovejoy neighborhood itself so that our residents can be heard. They will never be heard in Kaisertown where money is being poured in at the expense of the Iron Island and other northern neighborhoods. I am of the belief that there should be 5 councilpersons following the Police Districts and if a 6' Police District is formed, as in the original redistricting plan, a sixth councilperson should be added. I also believe that there should be 2 council -at -large seats due to the fact that if a district councilperson does not do the job of representing the electorate, the people will have someone else to turn to. This is referring to the poor representation for the past 20 years by the elected Lovejoy council people. I was looking forward to seeing you at the meeting and now, if for nothing else, to keep tighter reins on what was happening. I and others at my table were completely disgusted with the proceedings and were upset when we left due to the slanted and improper positions taken by the majority of speakers . REFERRED TO THE SPECIAL COMMITTEE ON REAPPORTIONMENT NO. 89 C. HELMINIAK -REQ PARKING BOTH SIDES DEMPSTER ST Mr. Fontana, My name is Casimer Helminiak. My friends call me Cas. You can call me Cas. I reside @ 93 Dempster St. I want to know what we would have to do to get parking on both sides of the street after 4:00 P.M. just like they have for example on Longnecker St.. Parking on this street is getting out of hand and having parking on both sides would make life so easier. Would you please let me know how to persue in this matter. My home phone number is 893 -8797. Feel free to call or email at your earliest convenience. Best Regards, Casimer Helminiak "Cas!' REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS NO. 90 R. KLEINREQ APPROVAL -PLAN BD DECISION CAR WASH EXPANSION 1264 MAIN April:23,2002 City Of Buffalo Common Council 65 Niagara Square Buffalo, New York 14202 Dear Common Council, Delta Sonic Car Wash Systems, Inc. with offices at 570 Delaware Ave. Buffalo, NY appeals the negative decision of the Planning Board in our request to expand our Car Wash facility located at 12,54 Main St. We have proposed to expand our existing operation of a Car wash, Gasoline service station, Detail shop, and Oil Lube to the current Mid City Office Supply building. Delta Sonic. Car Wash Systems application to the Plan Board was denied because it failed to meet the zoning requirements of the Transit Station Area District. The proposed Service station is not a permitted use in the district, the floor area ratio of 1: 1 could not be provided, and the 0' front yard set -back was also not provided. The City Of Buffalo Zoning code Section 511 -79.0 Subsection F, allows applicant to appeal the decision rendered on April 23,2002 by the Planning Board. Delta Sonic Car Wash Systems, Inc. has operated at the 1264 Main St. address for many years, providing Quality Car Wash, Gasoline, Detailing and Oil Lube services to the Buffalo community. We are proposing this expansion so as to insure our continual success and viability at this location. We are committed to improving the quality of services and appeal to this section of Main St. Our proposed development will be architecturally pleasing and provide a much safer and smoother traffic flow for vehicular traffic, while allowing safer pedestrian access to the food mart. Our current plan has evolved through much input from the Plan Board, the Planning Staff, and from concerned residents. We have provided ornamental fencing along front and side property lines, provided a solid 7' brick fence around drive -thru to buffer sound, agreed to design the Barker Street driveway as an entrance only, Lowered the Main sign from 20'tol4', and agreed to providing a greater amount of landscaping along Main St. Our most recent application includes the addition of an 8' sound absorbing fence at the car wash rear lot line and eliminates our request for the restaurant drive -thru operation. We respectfully ask that the Common Council of the City of Buffalo look with favor on our application. Very truly yours, DELTA -SONIC CARWASH SYSTEMS, INC. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 91 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION -STATE ANNOUNCES PLAN FOR BUFFALO OUTER HARBOR BROWNFIELD SITE The Record of Decision for the Buffalo Outer Harbor Brownfield Site documents the State's selected remedial action for the site. The Record of Decision 'is available for you to review at the document repositories listed below. The Record of Decision Summarizes site investigations, cleanup alternatives evaluated by the State, and comments received from the public about the selected cleanup alternative. NYSDEC Region 9 Office 270 Michigan Ave Buffalo, NY 14203 NYSDEC Central Office 625 Broadway 1 1th Floor Albany, NY 12233 JP Dudley Branch Library 2010 South Park (at VVhiffield) Buffalo, N.Y. Fact Sheet The New York State Department of Environmental Conservation ( NYSDEC), in cooperation with the New York State Department of Health (NYSDOH), is pleased to inform you that a Record of Decision (ROD) detailing a remedial plan for the Buffalo Outer Harbor Brownfield Site has been issued. The ROD dated March 26, 2002, summarizes the investigations, cleanup alternative„ evaluated by the State and responses to comments received regarding the remedial plan. With the issuance of the ROD, the Niagara Frontier Transportation Authority, (NFTA), as the site owner, can apply to the NYSDEC for grant assistance under the 1996 Clean Water /Clean Air Bond Act to remediate and develop the Phase 1 green belt portion of the site. Once remediated, the green belt will help to ensure continuing public access to the Lake Erie waterfront. Under the Environmental Restoration (Brownfields) Program, the State provides grant to municipalities to reimburse up to 75 percent of eligible costs for sit investigation and remediation. About the Phase 1 preen belt remediation: For Phase I of the Buffalo Outer Harbor Site, a waterfront green belt will t established. A minimum one foot thick soil cover would be placed over a 7 to 100 feet wide strip adjacent to Lake Erie. The cover would be graded, conform with site development plans and be of a soil quality able to support vegetation. A geotextile fabric or other material would be installed between the soil cover and the existing surface soils to stabilize and serve as demarcation between the cover material and contaminated surface soil Phase 1 would also include stabilization of the shoreline, including bulk, renovation, to prevent erosion of contaminated fill material and to protect tl soil cover. Phase 1 is expected to cost about $2,700,000. REFERRED TO THE WATERWAYS TASK FORCE NO. 92 T. NELSON - LAKEVIEW HOPE VI UPDATE PROJECT DIRECTIONS, INC. PROPERTY DEVELOPMENT AND PROJECT MANAGEMENT SERVICES Ms. Sharon M. West Executive Director Buffalo Municipal Housing Authority 300 Perry Street Buffalo, NY 14204 Dear Honorable Members of the Common Council and BMHA Executive Director Ms. West: Enclosed please find the April 24, 2002 Lakeview HOPE VI Update Report (LVH6 RP 4.24.02 COB) submitted in response to Senior Legislative Assistant Jacqueline E. Rushton's letter dated April 17, 2002 regarding Item #176. April 16, 2002, "Req. for Updated Lakeview HOPE VI Revit. Plan. Rpt." Please feel free to contact me if additional information is required. Sincerely, Todd A. Nelson Project Directions Inc. HOPE VI Coordinator for BMHA REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 93 M. OVERDORF -OPP CLOSE FIRE CO SENECA/EMSLIE AND /OR GANSON ST Dear Rich, I have just received information from the fire department that there are plans to close fire companies at Seneca & Emslie and /or Ganson Street. We are vehemently opposed to any such move. The Valley /Old First Ward areas would be left without protection. The housing stock, all wood frame, is some of the oldest in the city. It is our hope that as our representative you will take the lead and stop any such plans. If need be a very vocal community meeting scan be be convened. Please let me know what steps we need to take to protect our community. Warmest regards, REFERRED TO THE COMMITTEE ON BUDGET NO. 94 M SCHMAND- COMMENTS MAIN PLACE PKG FACILITY Dear Ms. Castro: in response to the Common Councils request regarding "P. Hotung -Req, COB Purchase Main Place Pkg. Facility" (item #74, C.C.P. April 2, 2002), please be advised that Buffalo Place does not have any recommendation. Sincerely, REFERRED TO THE COMMITTEE ON FINANCE A. THOMPSON -J. PETERS INCLUSION COMM JT SCHOOL CONSTRUCTION BOARD Please file with the Council for upcoming meeting Dear Mr. Michaux: Please file the enclosed document with the City Council for the Council Meeting scheduled for Tuesday April 30, 2002 in Council Chambers. If you have any questions, please do not hesitate to contact in y office at (716) 851 -5145. REFERRED TO THE COMMITTEE ON EDUCATION NO. 96 G. TONER -REQ WITHDRAWL OF APPROVAL 346 HOPKINS City of Buffalo Common Council / Division of Planning Dear Sirs: Please note that I have petitioned and was approved to add a used car dealership to an address that I was leasing, 346 Hopkins St, Buffalo, N.Y. 14220, 1 am no longer going to lease that property, the Landlord, Bernard Jakowbik Is moving too slow to meet. the city requirements of drainage, until then I am only allowed 5 cars and I cannot fully conduct business with that restriction. I therefore withdraw my request for approval. RECEIVED AND FILED NO. 97 J TOOKE- INFORMATION REAPPORTIONMENT The process of redistricting is rooted in community exploration of how to organize itself with representation based on 'communities of interest' so that a 'community of interest' - be it based on ethnicity, elements of similar demographic characteristics or a sociological identification - can represent itself and be empowered as a district. The recent process we've seen in countywide redistricting as well as the initial discussion surrounding the City redistricting has instead been based on a financial argument. Basing the redistricting process predominantly on a financial argument, I believe, is flawed since it flies in the face of the spirit of redistricting - the spirit that says communities should be organized to empower its citizenry by structuring its representative districts in such fashion to represent its 'communities of interest' as districts or to combine smaller yet similar 'communities of interest' together as a district. Focusing predominantly on the cost of our representation is further flawed, I believe, since it would lead to poor representation and decreased empowerment of our citizenry as well as the disenfranchisement of those smaller 'communities of interest' that would get lost in the redistricting argument of cost efficiency. Our discussion of City redistricting should not begin with a dollar amount to see the number of representatives we can afford, but rather should begin with the exploration of our 'communities of interest' within our City to lead us to a determination of the appropriate number of representatives that we need to adequately represent the neighborhood communities within our City. Such a bottom -up approach would then lead us to better representation and empowerment of our citizenry. Only through such a bottom -up approach to redistricting can we attain the best formation of our districts and the appropriate composition of our City Council to best represent our people. Only through such a bottom -up approach can we come to a fair and equitable determination of whether our City Council should be comprised of more representatives, of less representatives or the same number of representatives. It is with these thoughts in mind that I share my proposal for a district defined as a progressive 'community of interest', large enough I believe to warrant itself as a 'community of interest' to be represented as a single council district. I've come to this conclusion through an understanding and experience of the community in which I live - in the neighborhoods which share these characteristics that define it: a district that is of progressive - influence, of gay and lesbian - influence, of young and active families participating in their neighborhoods, and of a progressively- thinking community which is rich in diversity as well as an attitude of tolerance in that very diversity. As I have come to know this I community of interest' through my experience of it and my living within it, I have also found it supported by my study of the 2000 census data. I present this to you, the City Council and the Citizens Advisory Commission on Reapportionment in the hope that it will inspire our citizenry to explore our City's redistricting in such a bottom -up approach founded in the exploration and representation of the various communities of interest' within our City REFERRED TO THE SPECIAL COMMITTEE ON REAPPORTIONMENT NO. 98 M. YABLIN- COMMENTS REAPPORTIONMENT COMM PUBLIC HEARING To Commission Members: NO. 96 I do have the regret for not speaking ones mind with what is going on with the Councilman and Councilman at large. I do understand that population does fluctuates and demographics change. I am some what in agreement that for the purpose of fairness and equalization the boundaries lines due have to change. However the census is not very accurate either. I know this from first hand experience. I went from house to house and to apartment dwellings to take certain information from residents. There were the ones that refused to answer these questions, some of the houses no longer exists, some have moved away, some have past on, some were away at college etc. These are the reason why I feel the census is not accurate. Maybe combine the data from the census to the voter registration and delete any duplications, add the necessary data were applicable. This way I believe you would have an accurate study of the population and demographics at hand. In retrospect in changing the boundries it has good intentions. However keep the Councilman that are on board same with the Councilman at large. This as more and more political issues and is a power play to get ahead to climb tip the political ladder with no regards to the districts or neighborhoods. My question is what makes up the neighborhoods makes up the city. With out the neighborhoods there would be no city and you would not have any type of councilman. I also know you will not be able to please everyone either. If the boundaries get changed keep in mind then the neighbor hood would change along with the school districts would have to change, busing students to schools would change, fire and police precincts would also have to change as well. This is known as the snowball or dominos effect on our economy as well. These issues are all ready at risk. If the councilman and councilman at large take a cut in pay could they stay on board as they are. If you take the councilman that is for the people by the people and what they have accomplish in retrospect of there districts or territory leave them in that position. There is a saying if it works do not fix it. I strongly feel Richard Fontana as done amazing job in the Lovejpoy -South Buffalo area. He brought new business in, cleaned up the area with the resources we have, build a new community center on Clinton street, rebuild up the community center on Seneca Street and we are making a strong come back for what has been forgotten for a long time. We have a councilman who shows up at our block club meetings, he is our life line to city hall and he informs us of what is going on. Councilman Richard Fontana is in the middle of negotiation and dispute with CTS in trying to keep them out of our neighborhood. I strongly feel Mr. Richard Fontana is for the people by the people and for our neighborhoods so lets keep him were he is at in spite of the boundaries being change. Just give him more territory if the merger has to be. Let the people speak ' at election time who they want as the councilman for the territory in question. Put the boundary and the councilman together on the ballots to vote for. These are my reasons in question for the whys and why nots. You should take this very seriously and not with a grain. o salt either. Thank you for listening and hearing what I had to say. I hope you red this and respond to this with a letter. Sincerely a Citizen of Buffalo REFERRED TO THE SPECIAL COMMITTEE ON REAPPORTIONMENT PETITIONS NO. 99 D. JUN, OWNER, USE 3112 MAIN ST. FOR EXTENSION OF EXISTING PATIO PERMIT. (HRG. 5/7) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 100 M. OLAWAIYE, OWNER, USE 3211 BAILEY FOR CHURCH /HUMAN SERVICES FACILITY. (HRG. 5/7) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 101 K. PEINKOFER, AGENT, USE 488 FRANKLIN FOR A RESTAURANT /OUTDOOR PATIO. (HRG. 5/7) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 102 A. CLEMONS & O- OBJECT TO SELL 735 HUMBOLDT PKWY. ATTACHED PLEASE FIND A PETITION OF INDIVIDUALS WHO ARE OBJECTING TO THE SALE OF 735 HUMBOLDT PKWY. TO ANY PRIVATE ENTERPRISE. COPY AVAILABLE IN CITY CLERK'S OFFICE. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. REGULAR COMMITTEES CLAIMS COMMITTEE REPORT NO. 103 COMPROMISE AND SETTLEMENT OF ACTIONS FOR PERSONAL INJURY That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled: A 1. Brenda P. Chandler Vs. City of Buffalo $900.00 A 2. Pearlie M. Hodges, Adrninistratrix of the Estate of Jessie Hodges Vs. City of Buffalo $65,000.00 A 3. James A. Respress Vs. City of Bflo $500.00 A 4. Jan D. Young Vs. City of Buffalo $95,000.00 A 5. Clara ONeal Vs. City of Buffalo $ 2,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (4802:04) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed AYES -13. NOES -0. NO. 104 PROPERTY DAMAGE That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B 1 Charles Bernoski, 55 Chadduck Avenue 14207 Claim for damage to a 2000 Dodge Caravan on 10 -25 -01 at 55 Chadduck Avenue. A large dead branch fell from the tree damaging the vehicle. The trees on Chadduck 'had been previously reported as being hazardous. $440.15 B 2. Buffalo Vets Little League Football, 137 Manhattan Avenue 14214 Claim for damage to equipment owned by the football league which was stored in the shelter house at Manhattan Park during the winter of 2000 -200 1. The water shutoff at the curb does not turn off all the way and there is leaking in the shelter house throughout the winter months. Because of the cold a pipe burst and ice formed in the storeroom damaging the equipment. $ 1,000.00 B 3. Martha Carter, 578 Wilson Street 14211 Claim for damage to two gates and posts at 578 Wilson Street on 9- 12 -01. A City crew was demolishing the adjacent property and inadvertently damaged the gates and posts. $500.00 B 4. Sharon Catuzza, 70 Cloverleaf Avenue, Lackawanna New York 14218 (') Claim for damage to a 2001 Ford Taurus on 1 -6 -02. While driving on Bailey near Dingens claimant ran over a large piece of asphalt that had become dislodged from the street. This had previously been part of a water street cut which was never correctly leveled by the City about two years ago. $213.45 B 5. Anthony J. Chmura, 10 1 Rice Road, Elma New York 14059 Claim for a pair of eyeglasses which were broken. Mr. Chmura, a City employee while operating Broom #812 in the fine of duty on Notingham a tree branch grazed the side of the broom resulting in the eyeglasses falling to the ground and they were swept up by the mechanical broom. Pursuant to Section 16 -8 of the City Ordinances he is entitled to reimbursement. $ 200.50 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed AYES -13. NOES -0. (') Mr. Fontana voted in the negative on Item B -4 Only. NO. 106 PROPERTY DAMAGE B 6. John Girdlestone, 57 Schutrum Street, 14212 This is a claim for items which were stolen from claimant's vehicle a 1987 Ford Thunderbird while it was in the care, custody and control of the City at the Dart Street Impound Garage in November 2001, The vehicle was broken into and a CD player, amp equalizer and motion sensor were stolen. Garage personnel have confirmed that vandals broke into the building through a hole in the back wall. The Corporation Counsel recommends payment in the amount of $1,400.00 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs. Martino Moved: The approval of the claim of John Girdlestone in the amount of $ 1,400.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years or (480,204) Current Fiscal Year, payable to the respective claimants and plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and deliver), to the Corporation Counsel of proper releases and closing papers. Passed AYES- BONIFACIO, COPPOLA, DAVIS, FISHER, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, PITTS, THOMPSON -12. NOES - FONTANA -1. NO. 106 PROPERTY DAMAGE That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B 7. Stanley J. & Mildred Glowny, 42 Lynnette Court, Cheektowaga New York 14227 Claim for damage to the house at 50 Liddell Street. The City demolition crew was taking down the adjacent house at 52 Liddell and accidentally hit the Glowny house at 50 Liddell damaging the roof and gutter. $702.00 B 8. Anneliese Harper, 110 Miller Avenue, 14212 United Frontier Mutual Insurance Company, 1481 Harlem Road, 14206 Claim for damage to the house at 110 Miller Street by City demolition crews demolishing the adjacent structure. The truck which hauls away the debris accidentally backed into the house putting a hole in the side of it. The Corporation Counsel recommends payment in the total amount of $ 921.70 Payable as follows: United Frontier Mutual Insurance Company $ 671.70 Anneliese Harper (deductible) $ 250.00 B 9. Kristie James, 21 Willink Avenue, 14210 Claim for damage to a garage at 21 Willink Avenue. Large branches from City owned trees in Cazenovia Golf Course fell and damaged the roof and door. The trees had been previously placed on a trimming list. $550.00 B 10. Edward Lukaszek, Jr., 18 Leamington Place, 14210 Claim for damage to a 1991 Oldsmobile Royale on 3 -10 -02 at 18 Leamington Place. A large tree limb from a City owned tree fell on the vehicle causing the damage. The trees on Leamington Place had previously been reported as being hazardous to the City. $807.680 B 11. Thomas McDonald, 230 Thompson Street, 14207 Claim for damage to a Chevrolet Step Van and work equipment which were inside the van. At 230 Thompson Street a large city tree fell and crushed the back of the van causing substantial damage. The Forestry Department had inspected the tree this past summer and it was marked for removal. $2,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (4802,04) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed AYES -13. NOES -0. NO. 107 PROPERTY DAMAGE B 12. Michael R. O'Dell, 7193 Lakeside Road, Ontario New York 14519 Claim for damage to a 1987 Nissan in December 2001. While the vehicle was in the care, custody and control of the City at the Dart Street Impound Garage the vehicle was broken into and damaged. This has all been confirmed by Garage personnel. The Corporation Counsel recommends payment in the amount of $728.50 B 13. Ontario Auto Sales LLC, 6093 South Transit Road, Lockport New York 14094 Claim for losses incurred as a result of a vehicle being sold at City auction. Ontario Auto Sales was holding a lien of ($5,451.96) on a 1995 Dodge Intrepid. Inadvertently they were never notified by the City that the vehicle was going to be auctioned. The Corporation Counsel recommends payment in the amount of $3,000.00 That the above items be, and the same hereby are, returned to the Common Council without recommendation. Mrs. Martino moved: The approval of the claim of Michael R. O'Dell in the amount of $728.50 AND The approval of the claim of Ontario Auto Sales, LLC in the amount of $ 3,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years or (4802C4) Current Fiscal Year, payable to the respective claimants and plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed AYES -13. NOES_0. NO. 108 PROPERTY DAMAGE That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B 14. Norman Racki, 58 Euclid Place, 14210 Claim for a tire that was damaged on the South Park Bridge between Katherine and VanRensselaer as a result of hitting a previously reported defect in the street. He drove over a sharp piece of steel protruding from a hump in the road blowing out his tire. $ 70.45 B 15.1-eroy Rawls, 1 10 Lombard Street, 14212 Claim for claimant's insurance deductible . The vehicle was damaged in the total amount of ($2,308.60). A branch from a City owned tree at 110 Lombard Street fell on Mr. Rawls' vehicle. The tree had previously been reported to the City as being hazardous. $500.00 B 16.Ronald & Veronica Slomba, 60 Britt Avenue, 14220 Claim for damage to a house and vehicle, a 1998 Ford Escort at 60 Britt Street. A City owned tree fell on the house and vehicle causing damages. Mr. Slomba is seeking reimbursement of both his homeowners and vehicle insurance deductibles and ($48.06) for car rental. The tree had previously been inspected by the City. $498.06 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed AYES -13. NOES -0. NO. 109 PROPERTY DAMAGE B 17.John F. Smith, 80 Edson Avenue, 14210 Claim for expenses incurred as a result of Mr. Smith purchasing a vehicle a 1990 Mercury at the City auction. When he took the vehicle to the DMV they impounded 'it because it had an incorrect vehicle identification number. His costs were associated with getting the vehicle ready for inspection and also the price he paid the City for the vehicle. The Corporation Counsel recommends payment in the amount of $812.80 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Recommended by the Committee on Claims Mrs. Martino moved: The approval of the claim of John F. Smith in the amount of $ 812.80 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years or (4802(g) Current Fiscal Year, payable to the respective claimants and plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed AYES -13. NOES -0. NO. 110 PROPERTY DAMAGE That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B 18. State Farm Fire & Casualty Company A /S /O George & Marjorie Tutuska, 101 State Farm Place, P.O. Box 8000, Ballston Spa, New York 12020 Claim for damage to the house at 77 St. Johns Parkside. New sidewalks were recently installed and roots from the large tree had been cut to accommodate this project. By cutting the tree roots the trees' stability was compromised and it fell on the house. 10,478.55 B 19. Lynn A. Waldorf, 125 Sheffield Avenue, 14220 Claim for damage to a 1987 Dodge Daytona on 9 -11 -01 in Cazenovia Park. A large branch from a City owned tree fell on the front of the vehicle while she was driving through the park. $ 250.00 B 20. State Farm Fire & Casualty Company A /S /O Doreen Wampler, 100 State Farm Place, P.O. Box 8000, Ballston Spa New York 12020 Claim for damage to the house at 180 Ladner Street on. A large tree fell damaging the roof, gutters, siding and electrical lines. The tree had previously been reported as being hazardous. $ 2,675.60 B 21. GAB Robins North America, Inc. A /S /O Stephanie N. Williams, 349 West Commercial Street, Suite 2000, East Rochester New York 14445 Claim for damage to a 1994 Ford Tempo which occurred at 317 Moselle Street. A large piece of cement came up from a street cut and damaged the tire, rim and undercarriage of the vehicle. The street cut had been made for a water -sewer cutoff for the demolition of a City property about three year previous. It was never properly returned to the original asphalt pavement by the City. $909.82 B 22. Rosetta J. Wilson, 64 Peace Street, 14211 Claim for damage to a 1995 Hyundi Sonata which occurred at 64 Peace Street. A blue recycling bin was thrown back onto the lawn and inadvertently struck the vehicle damaging the fender and scratching the finish. $587.30 B 23. Louis C. Young, 321 Purdy Street, 14208 Claim for damage to a garage and 2000 Chevrolet Monte Carlo at 3 10 Purdy Street. The City demolition crew was demolishing the adjacent house. In doing so, a large piece of equipment inadvertently hit the garage causing substantial damage. Damage has been confirmed by the demolition crew. The Corporation Counsel recommends payment of ($705.89) for the vehicle and replacement of the garage for ($6,800) for a total amount of $ 7,505.89 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (4802(4) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed AYES -13. NOES -0. NO. 111 MISCELLANEOUS INVOICE That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: C 1. Arc & Comm Claim for payment of prior fiscal year Invoices #9359 and #9369 for services rendered to the Fire Department at the Fire Training Center. A broken telephone wire to the telephone block was repaired and the surge protector that was blown was removed. A new surge protector was installed and miscellaneous parts required to complete the job were the services rendered. $197.50 C 2. Comtel Claim for payment of prior fiscal year Invoices #25114 of 11- 30 -98, #28044 of 8 -1 -99, 929683 of 11 -17 -99 and #31935 of 5 -1 -00 for services rendered to the Treasury Department. $ 508.00 C 3. Creditors Interchange, Inc. Claim for payment of prior fiscal year Invoices #54320DEC00, #54320FEB01, #54320MAR01, #54320APR01, #54320MAY01 and #54320JUNE01 for services rendered to the Collections Division for the collection of garbage fees. $ 30,566,62 C 4. Health Care Plan Claim for payment of four (4) prior fiscal year invoices for services rendered to City Water Department employee Thomas Cegielski in April 1999 and Street Sanitation employee Mark Breen in April 2000. These employees were injured in the fine of duty and the Compensation Department never received these invoices. Both employees have returned to work. $ 197.53 C 5. Stuart M. Pohl, Esq., Arbitrator - Mediator Claim for payment of a prior fiscal year invoice. It represents payment of the City's share in the cost of an arbitrator in the matter of P.O. Gerald Belton #G96 -29. The arbitration occurred in 1999 but Mr. Pohl never billed the City until recently. $ 325.00 C 6. Safety -Kleen Systems, Inc. Claim for payment of prior fiscal year Invoice # 13 73 7883 of 9 -7 -00 for services rendered to PM/ Engineering for thirty (30) gallons of solvent. $ 300.10 C 7. Schuele Paint Company, Inc. Claim for payment of a prior fiscal year balance due on Invoice #65682 for services rendered to the Fire Department. An item was incorrectly paid on an order at ($1.25) instead of ($2.26). There is a balance due the vendor on Purchase Order # 12107677 due to the error. $ 48.48 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Nor Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. Passed AYES -13. NOES -0. NO. 112 MISCELLANEOUS PRESCRIPTION CO -PAY REIMBURSEMENT That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: D 1. through 67. The following claims have been filed by retirees of Local #650 who retired with Traditional Blue Cross /Blue Shield coverage. Pursuant to the settlement of PERB Case No. A98 -494, these people are entitled to 80% reimbursement of their co -pay for prescriptions for the period of time from November 4, 1998 thru December 31, 2001. This was a grievance as a result of Blue Cross /Blue Shield discontinuing the 80% co -pay reimbursement under their major medical contract. They are entitled to the amounts opposite their names. The Corporation Counsel recommends payment in the total amount of $ 26,818.42 List In City Clerk's Office. That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and deliver), to the Corporation Counsel of the proper releases where such releases are indicated. Passed AYES -13. NOES -0. NO. 113 MISCELLANEOUS MEDICAL IN LIEU REIMBURSEMENT That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claim be paid: E 1 Stanley Radwan, 6847 Sand Hill Road, Akron New York 14001 This is a claim for a medical in lieu payment of a retired Buffalo Police Officer who retired in 1987 and did not receive his medical in lieu check in June 2001. He was incorrectly omitted from the fist for payment by The Department of Human Resources. He is entitled to a medical in lieu check for twelve months. This has been verified by Mary R. O'Shei, Assistant Benefits Manager. $ 480.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and deliver to the Corporation Counsel of the proper releases where such releases are indicated. Passed AYES -13. NOES -0. NO. 114 REPORT TO THE CLAIMS COMMITTEE F 1. Teresa Barczykowski, 50 St. Mary's Road 14211 $2,665.00 Item No. 85, C.C.P., 2 -5 -02 (Recommitted) F 2. Theodore Stronka, 55 Alice Avenue 14215 $700.00 Item No. 91, C.C.P., 5 -29 -01 Item No. 85, C.C.P., 2 -5 -02 (Recommitted) These two claims are being placed on the Agenda for discussion at the request of two Councilmembers. Both claimants allege that tree roots have infiltrated their sewer lines and have caused them expenses to alleviate the problem. The City's policy regarding tree roots is as follows: While the main lines are owned and maintained by the City or Sewer Authority, the laterals or service fines are the responsibility of the property owner. In the ordinances of the City of Buffalo, Chapter IV, Section 15, it states: "it shall be the duty of such owner or occupant to keep in repair the water, sewer and gas service pipes serving his premises ". The ideal way to insure for this is to have a well constructed and impervious or non - penetrable line. Tree roots, which are a problem that can arise effecting line damage, cannot penetrate a solid object. They will be deflected off or around it. Older lines, especially the antiquated clay type, are the most susceptible to penetration and damage. Replacement of these lines with PVC piping would alleviate or prevent the problem. Temporary repairs through methods such as roto rooting are just that, temporary. Also, with regards to tree roots, the fact that a tree: is growing close to a resident's sewer fine, does not necessarily prove that they are invading that particular line. Tree roots extend laterally by a distance of one to one and a half times the height of the tree, and some have been observed extending a distance of three hundred (300) feet from the base of the tree. That the above items be, and the same hereby are, Denied. ADOPTED. AYES- BONIFACIO, COPPOLA, DAVIS, FISHER, FRANCZYK, GOLOMBEK, GRAY, LOTEMPIO, MARTINO, PITTS & THOMPSON-11. NOES- FONTANA, GRANT -2. NO. 115 REPORT TO THE CLAIMS COMMITTEE F 3. Reva W. Betha, 25 Blaine Avenue, 14208 Item No. 97, C.C.P., 3 -19 -02 This claim is being placed on the Agenda for discussion at the request of Councilmember Thompson. It is a claim for damage to a tire and hubcap after hitting a broken curb box at 84 Fernhill on 9 -6 -01. The Department of Law's investigation into the matter reveals that the Buffalo Sewer Authority is liable for this claim. On April 15, 2002 at letter was sent to the Buffalo Sewer Authority requesting that the claim in the amount of ($125.55) be paid by the Authority. That the above item be, and the same hereby is Received and Filed. Adopted NO. 116 REPORT TO THE CLAIMS COMMITTEE F 4. Sal Colangelo, 1187 Moll, North Tonawanda New York 14120 This claim is being placed on the Agenda for discussion at the request of Councilmember Martino. Claimant is a City employee working in the Fire Prevention Bureau. On 1 -5 -01 his vehicle was towed from the Parking Lot of Starbucks Coffee on Delaware Avenue. He had received permission from the day shift personnel to leave the vehicle there. The shift changed and the new employees, not recogni -7hg the vehicle had Riverside Towing tow the vehicle. The claim is for the City to reimburse him for the cost of the tow. The Department of Law denied the claim and suggested he take the matter up with the property owner of 235 Delaware Avenue or Riverside Towing. His claim is in the amount of ($107.73). That the above item be, and the same hereby is Denied. Adopted AYES- BONIFACIO, COPPOLA, DAVIS, FISHER, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, PITTS, THOMPSON -12. NOES - FONTANA -1. NO. 117 REPORT TO THE CLAIMS COMMITTEE That, upon the recommendation of the Common Council Claims Committee, the following claim be paid: F 5. Edward E. Smith, 107 Kimberly Avenue, 14220 This claim is being placed on the Agenda for discussion at the request of Councilmember Martino. Mi. Smith, a City employee, was working in the Delaware Park Casino on 2 -12 -01 when the City truck parked outside was broken into and several of his personal tools were stolen. His claim for the cost of these tools is in the amount of ($655.75). The Department of Law previously denied his claim based on Section 16 -8 of the City Ordinances. $ 655.75 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES -13. NOES -0. NO. 118 REPORT TO THE CLAIMS COMMITTEE F 6. Joanne W. Wood, 8 Oregon Place #2,14207 This claim was tabled at the Claims Committee Meeting of June 5, 2001 and tabled at the Claims Committee Meetings of July 17, 2001, October 23, 2001 and January 29, 2002 and is being placed on the Agenda for discussion. On 10 -22 -00 Ms. Wood fell over a broken telespar on Hertel Avenue. The Department of Law took her statement at a 50 -h Hearing on 4- 12 -01. She is still uncertain how much her medicals will come to relating to her injuries. Her claim is still under review by the Department of Law. The report from John D. Bidell, Sr. Traffic Engineer dated 10- 15-01 states that on 10 -3 1 -00 a City Sign Crew installed a new telespar into an existing sign base opposite #301 Hertel Avenue. On 3 -12 -01 the Sign Shop was notified that a "No Standing Anytime" sign was "down" west of streetlight #330 on Hertel Avenue. A Sign Crew was dispatched there on 343 -01. They found (and removed) the sign but were unable to find the location of the sign base. As best his office can determine, the location in question is on Hertel Avenue, opposite streetlight #301. It did (and does) contain a City sign. The sign is mounted on a telespar with its base embedded in the surrounding concrete sidewalk. The sign was "removed" by unknown sources (car accident, plowed over the snowplow truck). The sign stub (base without a telespar post) was reported to the Traffic Office on the afternoon of 4 -16 -01 and repaired the morning of 4- 17 -01. On 10 -23 -01 and 1 -29 -02 this office mailed Ms. Wood a medical authorization form to allow the City to obtain and review her medical records with a request to sign the form, love it notarized and return to this office. As of this date the medical authorization form has not been returned. That the above item be, and the same hereby is, Denied. ADOPTED NO. 119 REPORT TO THE CLAIMS COMMITTEE F 7. Joanne Workman, 100 Shirley Ave., 14215 Item No. 94, C.C.P., May 1, 2001 Item No. 118, C.C.P., June 12, 2001 (Recommitted) Tabled at Claims Committee Meeting of July 17, 2001 Tabled at Claims Committee Meeting of October 23, 2001 Item No. 88, C.C.P. February 5, 2002 (Recommitted) The claim is for damage to the driveway apron at 100 Shirley Avenue by a snow plow on 11- 22 -00. Through the Department of Public Works we have arranged to have the damaged rectified. Claimant is said to be satisfied by the repair results. That the above item be, and the same hereby, is received and filed. ADOPTED. CIVIL SERVICE (MARC A. COPPOLA, CHAIRPERSON) NO. 120 APPOINTMENT WATER DISTRIBUTION SUPT. (INTER) (PW) (ITEM NO. 38- C.C.P. APR. 16, 2002) That Communication 38, Apr. 16, 2002 be received and filed and the provisional promotion of Frank Mangione, Jr. stated above at the intermediate salary of $48,848 effective on April 8, 2002 is hereby approved. PASSED AYES -13. NOES -0. NO. 121 APPOINTMENT DISPATCHER (INTER) (CORR. COPY) (PW) (ITEM NO. 39 -CCP APR. 16, 2002) That Communication 39, Apr. 16, 2002 be received and filed and the permanent promotion of John E. Ort stated above at the intermediate salary of $30,923 effective on January 14, 2002 is hereby approved. PASSED. AYES -13. NOES -0. NO. 122 NOTICES OF APPTS.- TEMP /PROV /PERM. (C. CLK.) (CCP #59 -APR. 16,02) That the above item be and the same hereby is received and filed. ADOPTED Finance (Betty Jean Grant, Chairperson) No. 123 Delinquent ECIDA & City PILOT Agreements (Assess. /Tax.) That the above item be and the same hereby is received and filed. ADOPTED No. 124 K. Fiala- ECIDA- Payment in Lieu of Tax Agreements on Projects in COB (CCP #63 -Apr. 16, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 125 Bond Resolution - $2,500,000 Bonds - Main Street Urban Renewal Plan (Item No. 152, C.C.P., Apr. 2, 2002) That the Bond Resolution as contained in Item No. 152, C.C.P., April 2, 2002, be and the same hereby is approved. Passed AYES -13- NOES -0 No. 126 Bond Res. - $2,500,000 Main St. Urb. Ren, Plan (Compt.) (CCP #22 -Apr. 16, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 127 Tax Exemption for 521 Winslow Ave.183, 9/4) (CCP #I 13 -Oct. 16, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 128 Tax Exemption for 521 Winslow Ave. ( #33, 9/18) (Assess /Tax) (CCP# 114 -Oct. 16, 0 1) That the above item be and the same hereby is received and filed. ADOPTED No. 129 Renew Lease - Fruitbelt Homeowners & Tenants Council, Inc. - 326 -328 High Street (Item No. 13, C.C.P., Apr. 2, 2002) (Item No. 102, C.C.P„ Apr. 16, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant Moved: That the Executive Director of Strategic Planning be, and he hereby is authorized to renew the lease between the City and the Fruitbelt Homeowners & Tenants Council, Inc., for use of city -owned property located at 326 - 328 High Street, for an additional five (5) year period to commence on May 1, 2002 and expire April 3 0, 2007, under the same terms and conditions as the Previous lease. That the Corporation Counsel be, and he hereby is authorized to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. Passed. AYES -13- NOES -0 No. 130 Children's Hospital Parking Ramp (CCP# 15 1 -Mar. 5, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 131 Children's Hospital Parking Ramp (Pkg. Bd.) (CCP #3 -Apr. 2, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 132 Comm. -J. Giambra -Inq. Pymt.- Snowplowing -C. McClendon -Scott Lawn /Yard (CP) (CCP #19 -Mar. 19,02) That the above item be and the same hereby is received and filed. ADOPTED No. 133 B. Grant -L. Jackson - Kensington - Bailey Planning Comm. (CCP #67 -Apr. 16,02) That the above item be and the same hereby is received and filed. ADOPTED No. 134 B. Grant -D. Malone- Roosevelt Park Steering Comm. (CCP #69 -Apr. 16,02) That the above item be and the same hereby is received and filed. ADOPTED No. 135 Monthly Rpt. -March 2002 (Cit. Svs.) (CCP#4 -Apr. 16, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 136 Downtown Spec. Dist. - Prop. Vending Site Map 2002 -03 (Permits /Insp.) (CCP#42 Apr. 16,2002) That the above item be and the same hereby is received and filed. ADOPTED Legislation (Richard A. Fontana, Chairman) No. 137 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) That the above item be, and the same hereby is, returned to the Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. No. 138 R. Alloy, Jr., Petition to use 300 Elmwood Avenue for Expansion /Addition to Business (Item No. 92, C.C.P., Apr. 16, 2002) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana Moved. That after the public hearing before the Committee on Legislation on April 23, 2002, the petition of R. Alloy, Jr., for permission to use 300 Elmwood Avenue for expansion and addition to business be, and hereby is approved subject to conditions as set by the City Planning Board. Including a modification of the Planning Boards determination as it pertains to signage for one ear. The petitioner may utilize the signage as originally planned by the petitioner during that period. Passed. AYES -13- NOES -0 No. 139 Appointment of Member to the Buffalo Arts Commission (Item No. 2, C. C. P., Apr, 16, 2002) That the appointment of Louis M. Ricci, Ph.D., residing at 515 Ashland Avenue as a member of the Buffalo Arts Commission, be and it hereby is approved. Passed. AYES -13- NOES -0 No. 140 Appointment of Member to the Buffalo Board of Ethics (Item No. 3, C.C.P., Apr. 16, 2002) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana Moved: That the appointment of Eleanor Paterson, Ph.D., residing at 530 Norwood Avenue as a member of the Board of Ethics for a term expiring September 4, 2003, be and it hereby is approved. Passed. AYES -13- NOES -0 No. 141 Ordinance Amendment - Chapter 307 - Parking and Parking Lots (Item No. 170, C. C.P., Apr. 16, 2002) That the above mentioned item be and the same is hereby received and filed. Adopted No. 142 Used Car Dealer License - 360 Dingens (Item No. 56, C.C.P., Jan. 22, 2002) (Item No. 126, C.C.P., Apr. 16, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana Moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Permit &Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to John Ward, d /b /a Novacor Ltd., located at 360 Dingens. Subject to a 5 car limit for display and an appropriate use permit for the property. Passed. AYES -13- NOES -0 No. 143 Used Car Dealer -346 Hopkins (Permits /Insp.) (CCP #54 -Apr. 2, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 144 Used Car Dealer -Max Vehicles (Permits /Insp.) (CCP#43 -Feb. 19,02) That the above item be and the same hereby is received and filed. ADOPTED No. 145 R. Fontana -P. Sole -Max # Vehicles -Used Car Dealers (CCP #63 -Mar. 5,02) That the above item be and the same hereby is received and filed. ADOPTED No. 146 Sidewalk Cafe - 102 Theodore Street (Item No. 36, C.C.P., Apr. 16, 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 Jimmie Hill, owner of Jimmies Bar and Grille, located at 102 Theodore Street to install a sidewalk cafe, which would encroach city right -of -way at said address, subject to the following conditions: I . That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3.That the sidewalk cafe does not exceed twenty feet (20') in length or extend more than seven feet (7) 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 on the sidewalk caf6. 9. That the sidewalk caf6 closes at 9 -00 p.m. on weekdays. 10. That there be no outside trash receptacles on the sidewalk caf6. 11. That after one year, the sidewalk caf6 shall be reviewed by this Common Council and the Commissioner of Public Works, Parks and Streets. Passed. AYES -13- NOES -0 No. 147 Bailey Avenue, Seneca & Elk Streets - Pipeline within Right -of -Way (Item No. 23, C.C.P., Feb. 5, 2002) (Item No. 113, C.C.P., Mar. 5, 2002) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Keith Bartling of Exxon Mobil Line Company, to install 6" steel pipeline, which would cross city right -of -way at the locations as listed in the above communication, subject to the following conditions: I . That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 2. That the pipeline be installed a minimum of ten feet (10') below grade. 3. That the applicant supply the Department of Public Works, Parks and Streets with a set of "as built" drawings upon completion of the project depicting the exact location of the pipeline. 4. That the applicant be an active member of Dig Safely New York as required by New York State Law (Code 753). 5. That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said pipeline. 6. That the applicant shall pay a one -time fee of $ Passed. AYES -13- NOES -0 No. 148 Pipeline Within ROW - Bailey Ave. (Fire) (CCP#43 -Mar. 5, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 149 Pipeline Within ROW - Bailey Ave. (PW) (CCP#47 -Apr, 2, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 150 Fire Alarm Systems (Item No. 147, C.CR, Apr. 2, 2002) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. No. 151 Fire Alarm Systems (Permits /Insp.) (CCP#40 -Apr. 16,02) That the above item be and the same hereby is received and filed. ADOPTED No. 152 B. Grant4llegal Flyer -99 Custer (CCP #68 -Apr. 16,02) That the above item be and the same hereby is referred to the Special Committee on Police Reorganization. ADOPTED COMMUNITY DEVELOPMENT (ANTOINE M. THOMPSON, CHAIRMAN) NO. 153 TRANSFER OF PROPERTIES TO BUFFALO MUNICIPAL HOUSING AUTHORITY HOPE VI AREA (ITEM NO. 14, C. C.P., MAR. 19, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio moved: That the Office of Strategic Planning, Division of Real Estate be, and hereby is authorized to transfer the properties as listed on the inventory list attached to the above communication, to the Buffalo Municipal Housing Authority upon the terms and conditions as listed in the above communication. That the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. PASSED AYES -13 NOES -0 NO. 164 V. MINGGIE -RES. ADV. BD.- CONCEMS- RESIDENT'S HEALTH - BMIFIA (CP) (CCP #28 -APR. 2,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 155 HOUSING PROGRAMS (ITEM NO. 86, C.C.P., MAR. 5, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thompson moved: That the above mentioned item be and the same is hereby received and filed. Adopted. NO. 156 P. SOLE - AQUEDUCT CONST. -8 WHITNEY PLACE (CP) (CCP #30 -MAR. 5, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 157 P, SOLE - AQUEDUCT CONST. -8 WHITNEY PLACE (PERMITS /INSP.) (CCP#43 -APR. 16,02) That the above item be and the same hereby is received and filed. ADOPTED EDUCATION (CHARLEY H. FISHER, III, CHAIRMAN) NO. 158 C. FISHER -J. SINGLETARY -BD. OF ED.- RANDELL CLAY INQ. (CCP #72 -APR. 2,02) That the above item be and the same hereby is received and filed. ADOPTED POLICE REORGANIZATION & OVERSIGHT COMMITTEE (DOMINIC J. BONIFACIO, JR., CHAIRMAN) NO. 159 JOINT CRIME FIGHTING INITIATIVES (ITEM NO. 173, C. C.P., MAR. 19, 2002) That the City of Buffalo requests additional assistance from County, State and Federal law enforcement agencies for crime fighting initiatives. ADOPTED REGIONAL GOVERNANCE COMMITTEE (ANTOINE M. THOMPSON, CHAIRMAN) NO. 160 A. DEBENEDETTI, E.C. LEG. SHARING ADDL. 1% SALES TAX (CCP #80 -MAR. 21, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 161 C. PEOPLES, E.C. LEG. SHARING ADDL. 1% SALES TAX (CCP #91 -MAR. 21, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 162 A PLAN FOR SHARING GROWTH OF 8 TH PENNY OF SALES TAX (EX. FIN. RES.) (CCP #155 -MAR. 15,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 163 DISCH. LEG. COMM. #177 CCP 2/22/00 -SET HRG. SHARING OF 1% SALES TAX (WG. 3/21) (CCP# 197 -MAR. 21, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 164 R. LOTEMPIO -SALES TAX MTG. -4/9/0 1 - EMERSON SCH. OF HOSP. (CCP #97 -APR. 17,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 165 R. LOTEMPIO- CHART- SALES TAX (#89,4/3) (CCP #183 -MAY 1, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 166 SALES TAX (ITEM NO. 209, C. C.P., MAR. 20,200 1) (ITEM NO. 182, C.C.P., MAY 1, 2001) That based on the large budget surpluses that Erie County has recorded in recent years in addition to the additional boost provided to the County through the tobacco settlement etc., now is the time for the County to at the very least share its grow -.h revenue received as a result of the additional 1% in sales tax with the cities, towns, villages and schools within Erie County. ADOPTED NO. 167 R. LOTEMPIO- CHART -L% ERIE COUNTY SALES TAX (CCP #99 -MAY 1, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 168 BFIONIAGARA, PART.-"WHO DOES WHAT ?" COMM. -FIN. RPT. -1/01 (CCP #76 -MAR. 6,02) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 169 BY: MR. DAVIS REQUEST ADDITIONAL FUNDING FROM THE NEW YORK STATE LOTTERY FOR EDUCATIONAL PURPOSES Whereas: The New York State Lottery has been a profitable venture, generating a tremendous amount of revenue for the State of New York; and Whereas: With expected increases coming from both the insatiable appetite of the citizenry for games of chance and an ever - expanding diversity of new ways to play the lottery being offered, the Lottery will continue to be a financial "golden egg" for the State; and Whereas: The original intent behind the implementation of the Lottery was to provide a supplemental source of funding for the public school systems across the New York State; and Whereas: The amount of funding distributed to public schools from the State's general fund has actually decreased from 35.3% to 31.8% with Lottery revenue taking on the characteristic of a "fiscal crutch" that allows New York State to do other things with money intended to invest in the education of our children; and Whereas: While the Lottery distributed approximately $31 million to the Buffalo Public System in 2001 -2002, unfortunately this supplement is not enough to alleviate the projected $42 million budget gap in 2002 -2003; and Whereas: If the State of New York were to restore its contribution to the public school system back to the original level of 35 %, much needed revenue could avoid cuts in services; Now, Therefore, Be It Resolved: That this Common Council requests that the New York State Lottery increase its distribution to the Buffalo Public School System in order to achieve the previous level of financial support; and Be It Further Resolved: That the Director of the New York State Lottery be requested to file a response to this resolution; and Be it Finally Resolved: That the City Clerk be directed to send certified copies of this resolution to the Governor of the State of New York, the Western New York delegation of the New York State Legislature, the Director of the New York State Lottery, the Superintendent of the Buffalo Public School System and the Buffalo Board of Education. THE FIRST RESOLVE TO THE COMMITTEE ON EDUCATION THE REMAINDER ADOPTED NO. 170 BY: MR. DAVIS ORDINANCE AMENDMENT CHAPTER 307 - PARKING AND PARKING LOTS The Common Council of the City of Buffalo does hereby ordain as follows: That Section 307 -28 of Chapter 307 of the Code of the City of Buffalo be amended to read as follows: § 307 - -28. Attendants. A. Every parking lot shall have at least one (1) parking attendant upon the premises at all times during the hours of operation as posted, except that no attendant is required of a parking lot serving weekly or monthly customers only and the same is specified on its application or if [ever entrance to] the lot is mechanically controlled, i.e., automated may machines. B. Attendants must remain on duty until thirty (30) minutes after special events have concluded. The term "special events" is defined as any athletic or entertainment function where the public is invited. C. Each licensee shall use his best endeavors to employ honest, courteous and competent attendants. D. It shall be unlawful for any licensee under this Article to permit any person not employed by such licensee to loiter in or about the parking lot of such licensee. It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation C6uns6l NOTE: Matter in brackets to be deleted; matter underlined is new PASSED AYES -13 NOES -0 NO. 171 BY: BRIAN DAVIS, ELLICOTT DISTRICT COUNCILMEMBER WATERFRONT REDEVELOPMENT PROJECT NYR -36 AREA "A" EASEMENT FOR BOAT DOCKS ADJACENT TO 60 WATERFRONT CIRCLE 60 WATERFRONT CIRCLE, LLC WHEREAS, The Buffalo Urban Renewal is required to grant easements on the land bordering and under water for the construction of boat docks and related Facilities; and WHEREAS, Urban Renewal Plan for the Waterfront Redevelopment Project NYR -3 5 which was approved by the Common Council October 22, 1963, includes certain waters adjacent to Parcel 8 within the boundaries of said Urban Renewal Plan; and WHEREAS, Map Cover 2432 was subsequently filed in the Erie County Clerk's Office, which only depicts the uplands of Area "A ", thus leaving the land under the water which is within the boundary of the aforesaid Urban Renewal Plan, in title to the City of Buffalo. NOW, THEREFORE, BE IT RESOLVED: 1 . THAT, the Mayor of the City of Buffalo is hereby authorized to grant a non - exclusive assignable casement for the construction of not to exceed six (6) boat docks to the City of Buffalo Urban Renewal Agency subject to the riparian rights of owners of the uplands bordering the premises and to rights of the public to use the waters of Erie Basin. 2. The issuance of said easement shall also be subject to the written approval and appropriate permits from the U. S. Army Corps of Engineers, the New York State Department of Environmental Conservation and the City of Buffalo Department of Public Works. These approvals have already been received. REFERRED TO THE TASK FORCE ON WATERWAYS NO. 172 BY: MR. GOLOMBEK PERMISSION FOR REDISCOVER AMHERST TO HANG BANNER Whereas: On Saturday, June 22, 2002, the Grant - Amherst Block Watchers will be holding the fifth annual Rediscover Amherst Street event, this festival celebrates the rich history of this area as well as focusing on those businesses that continue to strive in the area, and Whereas: To publicize the event, the organization has requested permission to display a banner across Amherst Street, approximately from 399 Amherst St, to 400 Amherst Avenue, and Whereas: The period the banner would be on display would be from, May 25 , 2002 through June 22,d 2002. Now, Therefore, Be It Resolved: Pursuant to the conditions set forth by the Commissioner of Public Works, the organizers of Rediscover Amherst are granted permission to hang a banner on Elmwood Avenue from May 25 th, 2002 through June 22nd 2002. PASSED AYES -13 NOES -0 NO. 173 BY: MRS. GRANT INCREASED APPROPRIATION SOLID WASTE ENTERPRISE FUND That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Solid Waste - Auditing Services be and the same hereby is increased in the sum of $145,000. That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: 52510015 - 340000 Solid Waste - Charges for Services $145,000 To meet the increased appropriation as set forth below: 52002606 - Solid Waste - Refuse & Recycling 43200 1 - Auditing Services $1459000 PASSED AYES -13 NOES -0 NO. 174 BY: MRS. LOTEMPIO: ORDINANCE AMENDMENT SECTION 137 - CODE ENFORCEMENT The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 137 -7 of Chapter 137 of the Code of the City of Buffalo tie amended to read as follows: Fine Initial Additional Maximum FINE CLASS B $30.00 $30.00 $30.00 $90.00 Refrigerator or similar container- dismantling required, Chapter 365 -1 It is hereby certified, pursuant to Section 3 -19 of the Charter of the City of Buffalo, that the immediate passage of the foregoing ordinance is necessary. Approved as to Form Corporation Counsel Note: matter underlined is new. PASSED AYES -13 NOES -0 NO. 176 BY: MRS. LOTEMPIO ORDINANCE AMENDMENT CHAPTER 366 - REFRIGERATORS The Common Council of the City of Buffalo does hereby ordain as follows: That Section 365 -1 of Chapter 365 of the Code of the City of Buffalo be amended to read as follows: § 365 -1. Dismantling required. No person, firm or corporation shall leave outside of any building or dwelling, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator, freezing unit, chest or any other container of a similar kind and size, equipped with tight- fitting door or doors and door locking or latching devices, unless such door or doors or such door locking or latching devices, or both, have first been removed therefrom in such a manner that said icebox, refrigerator, freezing unit, chest or container would thereby become so dismantled as to be harmless to children who might otherwise become locked or trapped therein. Failure to comply with this section shall constitute a violation of this section and shall be punishable by a Class B fine in the amount of $30.00. This shall be in addition to Any o her penalty_ provided in the Code of the City of Buffalo or in any other law. It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel, PASSED AYES -13 NOES -0 NOTE: Matter underlined is new. NO. 176 BY: MRS. LOTEMPIO CITY OF BUFFALO LOCAL LAW NO. (2002) INTRODUCTORY NO.4 (2002) A LOCAL LAW amending Article 6 of the Charter of the City of Buffalo in relation to the boundaries of empire zones. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Copy available for review in the City Clerk's Office LAID ON THE TABLE NO. 177 BY MR. PITTS CAR FREE EARTH DAY FOR BUFFALO -- APRIL 22, 2002 Whereas: All over the world, "Earth Day" is celebrated to remind us of our delicate connections and relationship to the planet; and Whereas: Organizations such as, Alternative Transportation for Buffalo, Citizen's Regional Transit Corporation, Greater Buffalo Niagara Regional Transit Council, Bicycle /Pedestrian Sub Committee, NFTA, The Wellness Institute, Walk the Walk Program and Zippy Delivery- Bicycle Couriers have all joined together to declare Earth Day, Monday, April 22, 2002, a "Car Free Day" for the City of Buffalo; and Whereas: All commuters are being asked to leave their cars at home and walk, bicycle, roller blade and /or take the bus and Metro to work, school and a.11 around the City of Buffalo; and Whereas: Car Free Earth Day encourages people to walk, bicycle and take public transportation, to support sustainable alternatives to our environmentally damaging automobile- centered transportation system; and Whereas: Car Free Earth Day also pays tribute to the cause of clean air and a healthy planet - our fresh air, water, our plants and trees, green grass and early flowers in bloom; and Whereas: Modeled on similar events in Rochester, NY and St. Louis, MO, walkers meet at a pre- arranged time and place and follow a route within the City of buffalo that includes at least one stop at a locally -owned restaurant, diner, ice cream parlor, or coffee house; and Whereas: In honor of World Car -Free Day, residents of the City of Buffalo are invited to join in a Rally and outing themed "Walk the Walk: Conversation on Foot ", on the steps of City Hall, Monday, April 22, 2002 at 5 PM. Walkers will stroll through downtown Buffalo's residential neighborhoods, ending the stroll at Spot Coffee, located on Chippewa Street and Delaware Avenue; Now, Therefore, Be It Resolved That: The Buffalo Common Council joins with the organizers of "Car Free Earth Day" in support of sustainable alternatives to our environmentally damaged automobile- centered transportation system by celebrating Monday, April 22, 2002 as "Car Free Earth Day" in the City of Buffalo; and Be It Further Resolved That: This Honorable Body gives special recognition to walkers, bicycle and public Transit commuters who make every day a "Car Free Earth Day" in the City of Buffalo. ADOPTED NO. 178 BY: MR. PITTS CURRENT FISCAL CRISIS IN THE CITY OF BUFFALO Whereas: For many months, City officials have been working tirelessly to close the City of Buffalo's 6.9 million dollar projected budget gap for this fiscal year and deal with a budget gap that could approach $22 million when the 2002 -2003 fiscal year begins on July 1, 2002; and Whereas: In an effort to balance the City Budget, the Common Council and the Administration have implemented a hiring and spending freeze, laid. off dozens of employees, closed companies on a rotating basis, increased the garbage user fee, and explored cost saving measures with all City Unions; and Whereas: The Board of Education, to cover its multi - million dollar deficit has laid off teachers and school personnel, consolidated classrooms, and are prepared to close several school buildings at the end of the 2002 school year; and Whereas: For the 18 th consecutive year, New York State has failed to pass a budget by the April 1st deadline, forcing the Buffalo Board of Education and City of Buffalo to formulate a budget with abstract numbers; and Whereas: At this time, Wall Street Agencies have preserved the present credit rating for the City, but have assigned a "negative outlook" to Buffalo's finances. Without additional financial support from New York State, the City of Buffalo faces the possibility of a lower credit rating and the loss of quality of life services for it's citizens; and Whereas: Proposed services to be cut include: street and pothole repairs, street sanitation services, Police and Fire Personnel, and all financial assistance to the City's Cultural and Human Based Organizations; Now, Therefore, Be It Resolved: That this Honorable Body does hereby request that the WNY Delegation, Governor Pataki, Assemblymember Silver, and Senator Volker appear before the Common Council on Thursday, May 9, 2002, at 9:30am, in the Council Chamber, at a Council's Budget Process Meeting to discuss any and all financial assistance available to the City of Buffalo during this most serious budget crisis; and Be It Further Resolved: That the Common Council of the City of Buffalo does hereby request that certified copies of this resolution be sent to the WNY Delegation; the State Governor, George Pataki; Speaker of the Assembly, Sheldon Silver; and Senator Dale Volker. ADOPTED NO. 179 BY: MR. PITTS TRANSFER 341 DELAWARE AVE. FROM CITY OF BUFFALO TO BURA Whereas: The City of Buffalo acquired the former Asbury Delaware Methodist Church at 341 Delaware Avenue in order to save, protect, and restore this Historic Landmark; and Whereas: The City of Buffalo and the Buffalo Urban Renewal Agency (BURA) have been negotiating with a redeveloper - Righteous Babe Records, Inc. for the restoration of the Church; and Whereas: In order to designate Righteous Babe Records, Inc. as the redeveloper, the City of Buffalo needs to transfer title to the Buffalo Urban Renewal Agency, and Whereas: BURA will prepare the necessary Redevelopment Agreements to allow Righteous Babe Records, Inc. to begin acquisition and redevelopment of the Church; Now, Therefore, Be It Resolved: 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 Be it further resolved: That the Corporation Counsel prepare the necessary documents for the transfer of title and the Mayor be authorized to execute the transaction. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 180 BY: ANTOINE M. THOMPSON (NYS EMPIRE ZONE #74 REVISION TO BOUNDARY DESCRIPTION) WHEREAS, Local Law No. 5 (1994) adding section 281 of article 14 of he chapter of the City of Buffalo in relation to establishing an economic development zone, was signed by Anthony M. Masiello. Mayor of the City of Buffalo; and WHEREAS, the Local Law was filed with the Secretary of State on February 28. 1994 and then verified by the Mayor on March 2. 1994; and WHEREAS, subpart 2 of aforesaid Local Law defined the boundaries of the area to be designated Economic Development Zone 43 8; and WHEREAS, on July 27, 1994, the City of Buffalo was awarded a New York State Economic Development Zone 438 designation: and WHEREAS. Local Law No. 3 (200 1) re- designated the boundaries of Economic Development zone 4 38 as an Empire Zone and amended the boundaries of such zones as permitted by law and WHEREAS, January 9, 2002 The City of Buffalo was awarded a second New York State Economic Development Zone #74, now known as Empire Zone: and WHEREAS, subpart 4 of aforesaid Local Law defined the boundaries of the area to be designated Economic Development Zone, (Empire Zone) 974; and WHEREAS, Local Law No. 3 (200 1) designated the Empire Zone as an amended addition to the boundaries of such zones as perm itted by law and WHEREAS, to take advantage of this year's construction season. it has been proposed to amend the boundaries of Zone #74 to include additional businesses and WHEREAS, this action will benefit the City of Buffalo and further demonstrate the Council's commitment to Economic Development in the City of Buffalo. NOW. THEREFORE, be it resolved: 1. That the City of Buffalo request a boundary revision from the New York State Department of Economic Development to: a. The City of Buffalo would like to add a total of 354 acres of land to the Empire Zone for the attached additions. (See attachment A (map of existing and additions to zone #74 and attachment B -table of additional acreage requests) b. The City of Buffalo would like to delete a total of 258 acres of land from the Empire Zone. 90% of this acreage has previously been designated in Zone #38 in May 27, 2001 boundary revision. (See attachment A -map of existing zone with additions and deletions). C. The City of Buffalo would like to landbank a total of 164 acres to be designated as future development arises. 2. That, if the boundary revision is approved by the New York State Department of Economic Development, that Article 6, Section 6 -14 of the Charter of the City of Buffalo be hereby amended as per the attached. LAID ON THE TABLE NO. 181 BY: MR. THOMPSON EARLY RETIREMENT INCENTIVE FOR BUFFALO POLICE AND FIREFIGHTERS Whereas: Public Employees who are members of Tier I, reflect those individuals who joined the public retirement system before July 1, 1973; and Whereas: These members do not have to contribute into their retirement and are afforded the most generous benefits received by members of the states four Tier system. Significantly, Tier I members may retire at age 55 and receive their full pension benefits as long as such members had maintained membership in the retirement system for a period of at least 20 years; and Whereas: The calculated pension factor is reduced by 5% for every year less than 20 years in the system that a member possessed at the time of retirement not to exceed 50 %; and Whereas: Public employees who are members of Tier II reflect those Individuals who had joined the retirement system from July 1, 1973 through July 26, 1976. These members are also not required to contribute into their retirement plans; and Whereas: Tier II members may retire and receive full benefits once the member has attained the age of 62. Alternatively, Tier II members may retire at age 55 and receive full benefits as long as Such member has maintained membership in the retirement system for a period of a least 30 years; and Whereas: In the event that a member retires prior to age 62 and has less than 30 years in the retirement system, he will receive a pension that has been reduced by the pension factor based upon the members age at retirement. Therefore in the event of early retirement by a Tier II member, the affected members pension factor would be reduced by 5% for every year of service that is less than the full 20 years in New York State; and Whereas: The provision of Tier I status to all members of the City of Buffalo Police and Fire Departments, would allow current members to retire at an earlier age, and would therefore likely promote earlier retirement for certain members; Now Therefore Be It Resolved That: The City of Buffalo Memorializes the New York State Legislature to grant Tier 1 status to all sworn members of the City of Buffalo Police and all City of Buffalo Fire Fighters. ADOPTED NO. 182 BY: MR. THOMPSON REFUNDING THE NEW YORK STATE HAZARDOUS WASTE DISPOSAL SITE REMEDIAL PROGRAM KNOWN AS THE "SUPERFUND" Whereas: The New York State Hazardous Waste Disposal Site Remedial Program, was created in the early 1980s to find, investigate, and clean up the worst toxic sites that pose a significant threat to public health or the environment in New York State; and Whereas: The Superfund, was originally funded by the $1.1 billion Environmental Quality Bond Act of 1986, with additional money coming from taxpayers and industry fees; and Whereas: The Superfund ran out of money on March 31, 2001, causing hundreds of investigations and cleanup projects to go unfinished on more than 800 toxic sites, leaving thousands of people threatened by leaking toxic dumps; and Whereas: There are 150 known toxic sites in Erie County, 20 State Superfund sites in Western New York, and 80 percent of the 1,000+ hazardous waste sites on the New York State Registry have not been fully cleaned up because of a failure to refinance the Superfund program; and VVhereas: The longer we wait to refinance the Superfund program, with the resources necessary to clean and restore hazardous sites effectively, the greater the public health threat. The Superfund must be replenished to protect and preserve our State's resources and the quality of our environment; and Whereas: The Superfund program was successful at returning contaminated property to economically productive uses. Sixty -six percent of the sites, where clean ups were completed were put to an industrial or commercial use; Now Therefore Be It Resolved That: The Common Council of the City of Buffalo, Memorializes the New York State Legislature and Governor to replenish the New York State Hazardous Waste Disposal Site Remedial Program also know as the "Superfund; and Be It Further Resolved That: Although, current legislation calls for pre - disposal conditions for Superfund sites, there has been some debate to weaken the clean -up standards. Although few sites are ever actually cleaned up to pre - disposal conditions, at a minimum, standards should eliminate or mitigate all threats to public health and the environment. In addition, deed restrictions and fences should be in place when contamination is left in the ground. And maintenance of the "polluters pay" principle that currently governs the program must be maintained. This, principle has resulted in a significant amount of the cleanup costs being assumed by responsible parties, and should be maintained to avoid costs to be passed onto taxpayers; and Be It Finally Resolved That: Copies of this resolution be sent to the Western New York Legislative Delegation, The Governor of New York State, the New York State Department of Environmental Conservation, the Environmental Management Commission, the Citizens Environmental Coalition, the New York Public Interest Group (NYPIRG), Citizens Campaign for the Environment, the Environmental Conservation committee Chair, Thomas DiNapoli, Speaker of the Assembly, Sheldon Silver and State Senate Majority Leader Joseph Bruno. /G1910129:491 NO. 183 BY: MESSRS. THOMPSON AND FISHER & MRS. GRANT RENAME BUFFALO VOCATION TECHNICAL CENTER (BVTC) Whereas: The Buffalo Vocational Technical Center, a 2 year Health Professions and Related Sciences Training Center, located at 820 Northhampton St., was formerly known as East High School; and Whereas: The BVTC had its beginnings in East High School from the East High School Improvement Program in 1970, which in 1971 through the leadership of William Bennett and Wilbur Trammell, applied for VEA funds for the conversion of East High School from a comprehensive to vocational curriculum; and Whereas: Through vocational and Model Cities funding, fully equipped and staffed courses in graphics, electronics, blueprinting, Fashion Illustration, Design, cinematography and commercial photography were offered; and Whereas: Due to desegregation rulings and lobbying efforts on behalf of East High school, Judge Curtin mandated the conversion of East High from a comprehensive High School to the skills center curriculum in 1977; and Whereas: The Phasing out of East High students began in 1976 and in 1981 when Buffalo Vocational Technical Center opened, all 23 career programs had been instituted; and Whereas: BVTC, will eventually be transformed from a Vocational Training Center back to a comprehensive High School consequently requiring the need for a name change; and Whereas: The proper rehabilitation of BVTC is key, It will be in good faith, geographically correct and nostalgic to return the name of BVTC to East High School; Now Therefore Be It Resolved That: Upon the transition of the Buffalo Vocational Training Center to a comprehensive high school, the new name of the facility shall be known as East High School. REFERRED TO THE COMMITTEE ON EDUCATION, THE BOARD OF EDUCATION AND THE SUPERINTENDENT OF SCHOOLS NO. 184 BY MR. THOMPSON FELICITATIONS /IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Buffalo Club of the National Association of Negro Business and Professional Womens Club By CouncilmemberPitts, Michaux III Felicitation for Friends of Bethel AME Church 79the Anniversary By Councilmember Pitts, Michaux III Felicitation for True Bethel Church /Christipn Academy committee By Councilmember Pitts Michaux III Felicitation for Reverend Harris, Richelle Massey- Harris By Councilmember Pitts, Michaux III ADOPTED. UNFINISHED BUSINESS NO. 185 REAL EST.- CONDEMN EXP /AUGSPURGER RARNP -43 W. HURON 115,3/19)(# 84,12/26)( #62,12/11)( #22,11/13) (HRG. 1 -2/ 11) (CCP #185 -4/16/02) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Bonifacio CARRIED Mrs. LoTempio now moved approval of the above item, Seconded by Mr. Coppola PASSED AYES- BONIFACIO, COPPOLA, DAVIS, FONTANA, GOLOMBEK, GRANT, LOTEMPIO, MARTINO, PITTS, THOMPSON —10. NOES- FISHER, FRANCZYK, GRAY - 3 NO. 186 REAL EST.- CONDEMN EXP /AUGSPURGER RAMP -352 PEARL (# 117,3/19)( 485,12/26)( #63,12/11)( #23,11/13) (HRG. 12/11) (CCP #186 -4/16/02) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Davis CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Mr. Thompson PASSED AYES- BONIFACIO, COPPOLA, DAVIS, FONTANA,FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO, MARTINO, PITTS, THOMPSON 11 . NOES- FISHER, GRAY -2 NO. 187 LL INTRO #3 - (2002) -AMEND ART. EIGHTEEN - CREATE BFLO. CREATIVITY & CIVIC, SOL. COMM. (CCP # 159 -4/2/02) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Fontana CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Mr. Davis PASSED AYES- 13 NOES- 0 NO. 188 NYS EMPIRE ZONE #74 & #38 REVISION TO BOUNDARY DESCRIPTION ( #52 -4/16/02) (HRG. 4/30) (CCP #3 -4/18/02) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Bonifacio CARRIED A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of Same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mr. Bonifacio item is properly before the Common Council and the hearing is opened. CARRIED Appearances - None Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Davis CARRIED. Mrs. LoTempio now made a motion to lay on the table Seconded by Mr. Davis LAID ON THE TABLE NO. 189 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 1 h floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, May 7, 2002 at 9:30 o'clock A.M. Committee on Finance Tuesday, May 7, 2002 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, May7, 2002atl:00o'clockA. M. Committee on Legislation Tuesday, May 7, 2002 at 2:00 o'clock P.M. Special Committees (Public Disclaimer): All meetings are sub - ject 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 190 RECESS On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 4:00 pm CHARLES L. MICHAUX, III CITY CLERK BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #4 OFFICE OF THE MAYOR -201 CITY HALL APRIL 25, 2002 Present:; Anthony M. Masiello, Mayor; Maurice Garner, Deputy Comptroller -; James W. Pitts -3 Absent: None. The Journal of the last meeting was approved. NO. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of April 2002 amounting to $14,485.69 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -3. Noes -0. NO. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of April 2002 amounting to $14,980.00 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -3. Noes -0. NO. 3 On motion by Mr. Pitts, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11: 10 a.m. SPECIAL SESSION 04/18/2002 NO. 1 CALL FOR SPECIAL SESSION CITY OF BUFFALO Mr. Charles L. Michaux, III City Clerk 1308 City Hall Buffalo, New York Dear Mr. Michaux: PRESIDENT OF THE COMMONCOUNCIL April 17, 2002 Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Seven Councilmembers, dated April 17, 2002 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on, April 18, 2002, at I P.M., for the following purposes: To receive and take appropriate action on: All Items Relating To 1. Empire Zone Revision to Boundary Description 2. Approval of Buffalo Savings Bank Banking District Yours very truly, James W. Pitts President of the Council RECEIVED AND FILED OFFICE OF THE CITY CLERK CHARLES L. MliCHAUX III, CIVIC City Clerk Records Management Officer Registrar of Vital Statistics ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 851 -5431 FAX: 851 -4845 GERALD A. CHWALINSKI Deputy City Clerk MARRIAGE: OFFICERS April 17, 2002 TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of seven Councilmembers, dated April 17, 2002, JAMES W. PITTS, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on April 18, 2002 at I P.M. for the following purpose: To receive and take appropriate action on all items relating to 1. Empire Zone Revision to Boundary Description (52, CCP 4/16/02) 2. Approval of Buffalo Savings Bank Banking District Yours very truly, Charles Michaux III City Clerk April 17, 2002 Hon. James W. Pitts President Common Council 1315 City hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 30 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on 1. Empire Zone Revision to Boundary Description We request that this Special Meeting be held on April 18, 2002 at 1:00 P.M. Rosemarie LoTempio Mary Martino Richard Fontana Joseph Golombek Antoine Thompson Betty Jean Grant Beverly Gray Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: DOMINIC BONIFACIO BRIAN DAVIS RICHARD FONTANA JOSEPH GOLOMBEK BEVERLY GRAY MARY MARTINO MARC COPPOLA CHARLEY FISHER III DAVID FRANCZYK BETTY JEAN GRANT ROSEMARIE LOTEMPIO ANTOINE THOMPSON hereby agrees that twenty -four (24) hours' notice be waived of the time and purpose of the Special Meeting of the Common Council duly to be held Thursday, April 18 2002 at 1: 00 P M. Rosemarie Lotempio Mary Martino Richard Fontana Joseph Golombek Antoine Thompson Betty Jean Grant Beverly Gray David Franczyk Domonic Bonifacio Charley Fisher III Brian Davis Marc Coppola STATE OREFERRED TO THE COMMITTEE ON FINANCE NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 17th day of April 2002, before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Gerald Chwalinski Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/02 NO. 2 DISCHARGE COMMITTEE ON COMMUNITY DEVELOPMENT - EMPIRE ZONE REVISION TO BOUNDARY (ITEM 52 CCP 4/16/02) Whereas: The above item is currently in the Committee on Community Development 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 Committee on Community Development from further consideration of this item, and said item is now before the Council. Seconded by Mr. Fisher ADOPTED. NO. 3 NYS EMPIRE ZONE #74 & #38 REVISION TO BOUNDARY DESCRIPTION CCP# 52 4/16/02 On February 4, 1994, this Honorable Body approved a Local Law creating an Economic Development Zone (hereinafter referred to as (Zone). On January 9, 2002, the City of Buffalo was awarded a second Economic Development Zone, now known as the Empire Zone #74, by the State of New York. Subpart 4 of aforesaid Local Law defined the boundaries of the areas of Zone #74. Subsequent to the designation of the Zone, certain areas adjacent to the Zone have been proposed for major economic J development activities. Due to recent developments, the Buffalo Economic Renaissance Corporation believe that it is in the best interest of the City of Buffalo to approve a revision to the boundaries of Zone #74 and possibly Zone #38. It is therefore respectfully requested that the attached resolution be approved. EMPIRE ZONE #74 & #38 (REVISION TO BOUNDARY DESCRIPTION WHEREAS, Local Law No. 5 (1994), adding section 281 of article 14 of the charter of the City of Buffalo in relation to establishing an economic, development zone, was signed by Anthony M. Masiello, Mayor of the City of Buffalo; and WHEREAS, the Local Law was filed with the Secretary of State on February 28, 1994 and then verified by the Mayor on March 2, 1994; and WHEREAS, subpart 2 of aforesaid Local Law defined the boundaries of the area to be designated Economic Development Zone #38; and WHEREAS, on July 27, 1994, the City of Buffalo was awarded a New York State Economic Development Zone #38 designation; and WHEREAS, Local Law No. 3 (2001) re- designated the boundaries of Economic development zone #38 as an empire zone and amended the boundaries of such zones as permitted by law; and WHEREAS, subpart 4 of aforesaid Local Law defined the boundaries of the area to be designated Economic Development Zone #74; and WHEREAS, on January 9, 2002 the City of Buffalo was awarded a second New York State Economic Development Zone #74, now known as Empire Zone; and WHEREAS, Local law No. 3 (2001) designated the Economic Development Zone #74 as an amended addition to the boundaries of such zones as permitted by law; and WHEREAS, to take advantage of this year's construction season, it has been proposed to amend the boundaries of Zone #74 and possibly Zone #38 to include additional businesses; and WHEREAS, this action will benefit the City and further demonstrate the Council's commitment to economic development in the City. NOW, THEREFORE, be it resolved: 1. That the City of Buffalo request a boundary revision from the New York State Department of Economic Development to add and delete a total of acres to be determined Council for Approval in Zone #74 and possibly zone 438. 2. That, if the boundary revision is approved by the New York State Department of Economic Development, that Article 6, Section 6 -14 of the Charter of the City of Buffalo be hereby amended as per the attach LAID ON THE TABLE NO.4 BY: JAMES W. PITTS SUPPORT THE ESTABLISHMENT OF A BANKING DEVELOPMENT DISTRICT Whereas Section 96 -d, of the New York State Banking Law, provides for New York State to designate a Banking Development District (BDD). The purpose is to encourage the establishment of full service bank branches in geographic locations where there is a demonstrated need for banking services; and Whereas: The Banking Development District (BDD) will be able to offer incentives to institutions through property tax relief, with the potential of offering municipal deposits at reduced rates; and Whereas: Banks locating within a BDD may be entitled to a partial property tax exemption, starting with a 50% exemption in the branch's first full year of operation, and decreasing by 5 %'in the subsequent years; and Whereas: A local government depositing public funds at a branch within the BDD earn interest on those monies at a rate which approximates the bank's posted two -year Certificate of Deposit rate; and Whereas The Greater Buffalo Savings Bank (GBSBO may be eligible for a grant from New York State to determine the need for a BDD; and Whereas: To begin the process, a local government must vote to approve the submission of a BDD application to the New York State Banking Department; and Whereas: The GBSB Development Corporation has organized the Greater Buffalo Savings Bank and desires to headquarter the bank in the banking development district; And Whereas: In order for this to occur the City of Buffalo must approve a resolution and submit an application for the creation of a Banking Development District. Now, Therefore, Be It Resolved: That the Common Council is still reviewing and supports the establishment of a Banking Development District within the City of Buffalo; and Be It Further Resolved: That the Common Council supports the submission of an application by the Greater Buffalo Saving Bank to create a Banking Development District; and Be It Finally Resolved: That the Common Council President appoint a Special Committee to recommend the boundaries for a Banking Development District. The Committee will work with the Buffalo Economic Renaissance Corporation to establish a program. ADOPTED NO. 5 ADJOURNMENT At 2 P.M., Mrs. LoTempio moved to Adjourn. Seconded by Mr. Thompson ADOPTED.