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HomeMy WebLinkAbout02-0416No.( 8) COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO April 16, 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 PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, APRIL 16, 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 2, 2002 were approved. FROM THE MAYOR NO. 1 APPOINTMENT OF MEMBER TO THE BUFFALO URBAN RENEWAL AGENCY Pursuant to Section 639 of the General Municipal Law, I hereby appoint Donald 0. Allen, 232 Sycamore, Buffalo, NY 14204 as a member of the City of Buffalo Urban Renewal Agency. Mr. Allen is the Commissioner of Community Services for the City of Buffalo. I hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Urban Renewal Agency. RECEIVED AND FILED NO. 2 APPOINTMENT OF MEMBER TO THE BUFFALO ARTS COMMISSION Pursuant to the powers vested in me in Chapter 6, Article 5, Section 6 -26 of the Code of the City of Buffalo, I hereby appoint the following member, who will serve at the pleasure of the Mayor, to the Buffalo Arts Commission: Louis M. Ricci, Ph.D. 515 Ashland Avenue Buffalo, 14222 Dr. Louis Ricci was president of Erie Community College from 1985 -1997. He was the vice - president of the North Campus from 1980 -1985 and prior to that served as the coordinator of the Humanities Dept. where he was a philosophy instructor. In 1977 he established an associate degree in a Labor Studies and administered the department. Dr. Ricci's community involvement has included membership on the Private Industry Council, the Board of Ethics of the Niagara Frontier Transit Authority, the Columbus Hospital Foundation and the Foundation Board of the Erie County Sheriffs Dept. He also served as vice -chair of the United Way Education Division in 1993 and was a member of a steering committee for United Cerebral Palsy. Dr. Ricci has been recently appointed to the National Board of Young Audiences. Dr. Ricci received his masters degree in 1967 and in 1970, his doctorate in philosophy from SUNY at Buffalo. He earned his BA from McGill University in Montreal in 1963. 1 hereby certify that the above named individual is fully qualified to serve as a M.1 mbers of the Buffalo Arts Commission. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE DIVISION OF COLLECTIONS Professional Service, and in 1997 the Hispanic Women's League Award for Dedicated Service. She is a member of the executive committees of the Hispanic Network, Hispanic Women's League and WNY Hispanics and Friends Civic Assn. Dr. Paterson received her Ph.D. in Bilingual Education and her Ed.M in Elementary /Spanish /Bilingual Education from the State University of NY at Buffalo. She received her B.F.A. from the Massachusetts College of Art. I hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Board of Ethics. I had previously submitted Gary Mucci as a candidate to fill the vacancy on the Ethics Board. However, by charter, candidates must first be recommended by the Nominating Committee. Mr. Mucci's appointment was made under the assumption that the nominating committee had recommended him for appointment. I apologize for any REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE DIVISION OF COLLECTIONS FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 4 MONTHLY REPORT FROM THE DIVISION OF CITIZEN SERVICES (MAYOR'S COMPLAINT HOT LINE) MARCH, 2002 Dear Members of Buffalo's Common Council: Attached is the monthly report from the Division of Citizen Services for March 2002. Total calls remained at the same level as February, reinforcing trends of reduction in garbage and rodent complaints, when compared to last year. Of concern, however, was a significant increase in the number of stolen totes, 39 to 145 and broken totes, 42 to 139. Many of the stolen tote calls, listed the high winds as the possible culpit in their tote's disappearance. The high winds may have also been a factor in breaking some of the totes. Regardless, those two categories will be closely monitored in April for an patterns other than Mother Nature. Historically, April starts a six month period of calls nearly doubling over the first three months of the year. Reasons for the increases have been the April User Fee bills; the start o bulk trash pick -ups and increased reporting of unkept homes and lots. As always, the division will highlight for the Council, any problem areas that require special attention. REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY PLANNING BOARD NO. 5 GRISANTI 1792 NIAGARA ST. CONVERT TAVERN INTO A DAYCARE ITEM NO. 101, C.C.P. 3/19/02 The City Planning Board at its regular meeting held Tuesday, April 9, 2002, considered. the matter captioned above pursuant to Section 511 -68 of the Buffalo Code, Niagara River Coastal Review District. The applicant seeks to convert a former tavern into a daycare with office space and an apartment on the second floor. Under SEQR the retail store is considered. an unlisted action requiring uncoordinated review. The Planning Board voted to recommend approval of proposed daycare. RECEIVED AND FILED NO. 3 APPOINTMENT OF MEMBER TO THE BUFFALO BOARD OF ETHICS Pursuant to the powers vested in me by Section 12 -19, Article 11, Chapter 12 of the Buffalo Code, I hereby appoint Eleanor Paterson, Ph.D., residing at 530 Norwood Avenue, Buffalo, New York 14222, as a member of the Board of Ethics for a term expiring September 4, 2003. Dr. Paterson is filling the unexpired term of Lourdes Iglesias, who has resigned. Eleanor Paterson, Ph.D. 530 Norwood Avenue Buffalo, 14222 At the present time, Dr. Paterson is Director of the Bilingual Program at Erie Community College City Campus, a position she has held since 1989. She has served as a Project Director of EOP /ESL Summer Institute Grant in 1998 and as a Project Facilitator for the Hispanic Americans, National Endowment for the Humanities, Buffalo Conversations on American Pluralism and Identity grant at ECC from 1995 -96. In addition to serving as a project director and liaison for other numerous programs in the field of education, she has received many awards and honors for her work. In 1998, Dr. Paterson received the Chancellor's Award for Excellence in NO. 6 J. FRITZ- 2808 BAILEY AVE. USED VEHICLE SALES ITEM NO. 86, C.C.P. 4/2/02 The City Planning Board at its regular meeting held Tuesday, April 9, 2002, considered. the matter captioned above pursuant to Section 511 -65 of the Buffalo Code, Kensington Bailey Business District. The applicant seeks to expand the vehicle repair and collision shop at 2808 Bailey Ave. with the addition of a used vehicle sales operation. The applicant indicated that only 5 vehicles would be available for sale any given time and that only retail ready vehicles would be placed in the display area. Under SEQR the proposed used vehicle sales is considered and unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed used vehicle sales operation. RECEIVED AND FILED NO. 7 S. MALLIARIS- 461 ELMWOOD AVE. OUTDOOR PATIO ITEM NO. 88, C.C.P. 4/2/02 The City Planning Board at its regular meeting held Tuesday, April 9, 2002, considered. the matter captioned above pursuant to Section 511 -56 of the Buffalo Code, Elmwood Ave. Business District. The applicant seeks to add an outdoor patio to an existing eating and drinking restaurant and bar at 451 Elmwood Avenue. The outdoor patio will be added in the parking lot attached to the restaurant. Under SEQR the proposed restaurant is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed outdoor patio expansion conditioned on the following: 1. No outside music 2. No outside trash receptacles 3. Closing at 11 P.M. nitely RECEIVED AND FILED NO. 8 M. DOLE 236 DELAWARE AVE. SIDEWALK CAFE ITEM NO. 48, C.C.P. 4/2/2002 The City Planning Board at its regular meeting held Tuesday, April 9. 2002, considered the matter captioned above pursuant to Section 413 -59 of the Buffalo Code, Sidewalk cafes. The applicant seeks encroach the right -of -way with a 10fx801 sidewalk caf6 at 236 Delaware Avenue. Under SEQR the proposed sidewalk caf6 is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed sidewalk caf6 with the following conditions: 1. No outside music. 2. No outside trash receptacles. 3. Closing of the patio at 11 PM Sunday through Thursday and 1 AM Friday and Saturday. RECEIVED AND FILED NO. 9 M.GADEMSKY 478 -484 ELMWOOD AVE. ADD TAKE -OUT USE TO RESTAURANT ITEM NO. 87, C.C.P. 4/2/02 The City Planning Board at its regular meeting held Tuesday, April 9, 2002, considered. the matter captioned above pursuant to Section 511 -56 of the Buffalo Code, Elmwood Ave. Business District. The applicant seeks to convert a vacant sit -in restaurant into a sit -in and take -out restaurant at 484 Elmwood Avenue. Under SEQR the proposed restaurant is considered. an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed restaurant. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 10 PROPOSED LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND BUFFALO & ERE COUNTY PUBLIC LIBRARY Attached for your review is a proposed lease agreement between the City of Buffalo and the Buffalo & Erie County Public Library that has been prepared by the Corporation Counsel City of Buffalo and the County Attorney's Office. Some of the general terms of the lease are as follows: 1 . This is a five year lease agreement to commence on January 1, 2002 and end December 31, 2007 2. There shall be no rent charged by the City of Buffalo 3.The Buffalo & Erie County Public Library shall be responsible for all costs of maintaining except that the City of Buffalo shall be responsible for Capital Improvements 4.The Buffalo & Erie County Public Library shall be responsible for utilities based upon square footage between library purposes and other purposes 5.The Buffalo & Erie County Public Library will provide General Liability Insurance subject to the approval of the Corporation Counsel for the City of Buffalo. Should Your Honorable Body approve the terms and conditions set forth in the proposed lease, I am recommending that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL NO. 11 RESPONSE -403 SWEET AVENUE ITEM #15, C.C.P. 3/19/02 The above referenced item is a request to transfer title of 403 Sweet Avenue to Mr. Robert Collins who lives at and owns the home at 228 Sobieski, behind 403 Sweet Avenue. Mr. Collins also owns 405 Sweet Avenue. We have received a request from Ms. Jacqueline Rushton, on behalf of the Common Councils Community Development Committee, to provide information about any real estate appraisals that may have been conducted for 403 Sweet Avenue. The City of Buffalo acquired the property at 403 Sweet Avenue through tax foreclosure in June of 1999. There are no appraisals on file. However, the Division of Real Estate has investigated the sale of vacant lots in the area, recent sale prices range from six cents (.06) to twenty -four cents (.24) per square foot. If you need any additional information, please contact the Division of Real Estate. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 12 RESULTS OF NEGOTIATIONS 1 LIBERTY, 144.60 N KENSINGTON, 86.76' NL, IRREGULAR REAR LOT SIZE: 332'X 1221 ASSESSED VALUATION: $12,100 113 FEDERAL, 5381 N SHAWNEE LOT SIZE: 27'X 1221 ASSESSED VALUATION: 2,900 115 FEDERAL, 565.50' N SHAWNEE LOT SIZE: 30'X 1221 ASSESSED VALUATION: 3 The Office of Strategic Planning, Division of Real Estate has received a request to purchase the above properties from Mr. James F. Doherty of Laidlaw Transit, Inc., 301 Cayuga Road, Suite 200, Cheektowaga, New York 14225. Laidlaw Transit Inc. operates a bus company at 51 Federal and intends to use the subject properties for additional employee parking. 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 purchaser. An independent appraisal of the property was conducted by Patricia Swan, appraiser, of Arrow Appraisal, 2875 Union Road, Cheektowaga, New York 14227. She has estimated the value of the three (3) lots at seventeen thousand six hundred dollars ($17,600) or thirty -seven cents (.37) a square foot. The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that the purchaser has agreed and is prepared to pay seventeen thousand six hundred dollars ($17,600) for the three (3) parcels, thirty -seven cents (.37) a square foot. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of 1 Liberty, 113 and 115 Federal to Laidlaw Transit, Inc. in the amount of seventeen thousand six hundred Dollars ($17,600). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated April 8, 2002, be received and filed; and That the offer from James F. Doherty of Laidlaw Transit, Inc., doing business at 301 Cayuga Road, Cheektowaga, New York, in the sum of seventeen thousand and six hundred dollars ($17,600. 00) for the purchase of I Liberty, 113 Federal and 115 Federal, be and they hereby are accepted; and That the appraisals requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -13 NOES -0 NO. 13 RESULTS OF NEGOTIATIONS 121 POTOMAC, EAST CORNER OF DEWITT VACANT LOT: 321 X 931 ASSESSED VALUATION: $3,400 The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 121 Potomac Avenue from Mr. Brian Bonvissuto, 80 Sterling Avenue, Buffalo, New York 14216. Mr. Bonvissuto owns and is in the process of relocating his business to 244 -250 Dewitt Avenue, which is directly across the street from 121 Potomac. He also owns 123 Potomac and intends to combine 121 Potomac with 123 Potomac and use as a parking lot in conjunction with his business. 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 purchaser. An independent appraisal of the property was conducted by Nathaniel Benston, appraiser, of R.W. Bronstein Corporation, 3666 Main Street, Williamsville, New York 14226. He has estimated the value of the parcel to be four hundred dollars ($400), thirteen cents per square foot. The Division of Real Estate has investigated the sales of similar properties in the area. Sales range from fifteen cents (.15) to thirty -three cents (.33) a square foot. The result of our negotiations is that Ms. Bonvissuto has agreed and is prepared to pay one thousand dollars ($1,000), thirty -four cents (.34) per square foot for this parcel. He has agreed to pay for the taxes, user fee, sewer and water bills due, since this property was acquired from New York State Department of Housing and Urban Development (HUD) and is not tax exempt. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 121 Potomac to Mr. Brian Bonvissuto in the amount of one thousand dollars ($1,COO). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated April 8, 2002, be received and filed, and That the offer from Brian Bonvissuto, residing at 80 Sterling Avenue, in the sum of one thousand dollars ($1,000.00) for the purchase of 121 Potomac Avenue, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -13 NOES -0 NO. 14 RESULTS OF NEGOTIATIONS 220 PLYMOUTH, 100, NY OF YORK VACANT LOT: 30'X 90' ASSESSED VALUATION: $3,000 The office of Strategic Planning, Division of Real Estate, has received a request to purchase 220 Plymouth Avenue from Mr. Nels M. Johnson and Mrs. Anastasia Johnson, 491 Ashland Avenue, Buffalo, New York 14222. Mr. and Mrs. Johnson own a two family dwelling at 224 Plymouth Avenue, which adjoins 220 Plymouth Avenue. They intend to use the property for extra yard space. 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 Mr. Paul Oswald, appraiser, of Kirchmeyer & Associates, Inc., 2875 Union Road, Buffalo, New York 14227. He has estimated the value of the parcel to be two hundred twenty -five dollars ($22S), eight cents (.08) per square foot. The Division of Real Estate has investigated the sales of similar properties in the area. Sales prices range from seventeen cents (.17) to forty -one cents (.41) per square foot. The results of our negotiations are that Mr. and Mrs. Johnson have agreed and are prepared to pay eight hundred dollars ($800), thirty cents (.30) per square foot for this parcel. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 220 Plymouth Avenue to Mr. and Mrs. Nels Johnson in the amount of eight hundred Dollars ($800). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated April 9, 2002, be received and filed; and That the offer from Mr. Nels M. Johnson and Mrs. Anastasia Johnson, residing at 49 1 Ashland Avenue, in the sum of eight hundred dollars ($800.00) for the purchase of 220 Plymouth Avenue, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -13 NOES -0 NO. 15 RESULTS OF NEGOTIATIONS 854 WEST, 157.29 N ALBANY VACANT LOT: 36'X 220' ASSESSED VALUATION: $6,200 The Office of Strategic Planning, Division of Real Estate has received a request to purchase the above property from Mr. David F. Kazmierczak and Mrs. Melody L. Kazmierczak, 858 West Avenue, Buffalo, New York 14213. Mr. and Mrs. Kazmierczak would like to purchase the adjoining property in order to build a garacle and have extra yard space. 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 William Kushman of Kushman Appraisal Service, Inc., P.O. Box 828, Buffalo, New York 14231. He has estimated the value of the parcel to be five hundred dollars ($500), six cents (.06) per square foot. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales prices range! from fifteen cents (.15) to thirty -three cents (.33) per square foot. The results of our negotiations are that Mr. and Mrs. Kazmierczak have agreed and are prepared to pay one thousand two dollars ($1,200), fifteen cents per square foot for this parcel. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 854 West Avenue to Mr. and Mrs. David Kazmierczak in the amount of one thousand two hundred dollars ($1,200). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated April 8, 2002, be received and filed; and That the offer from Mr. David F. Kazmierczak and Mrs. Melody L. Kazinierczak, residing at 858 West Avenue, in the sum of one thousand and two hundred dollars (1,200.00) for the purchase of 854 West Avenue, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -13 NOES -0 NO. 16 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 182 GOODYEAR (CITY OWNED VACANT LOT SIZE 30' X 97') The Office of Strategic Planning has surveyed the city -owned vacant lot at 182 Goodyear, Buffalo, New York 14211, parcel is 30' x 97' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Dale Panasiewicz, residing at 185 Titus 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. Dale Panasiewicz on the condition that the property is cleaned and improved within (6) months and maintained in a sanitary manner. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning dated April 9, 2002, be received and filed; and That the city -owned property commonly known as 182 Goodyear, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Dale Panasiewicz, residing at 185 Titus Avenue, for the amount of One Dollar ($ 1. 00) and no more, and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -13 NOES -0 NO. 17 TRANSFER OF TITLE, HOMESTEAD PROGRAM 221 SOBIESKI (CITY OWNED VACANT LOT SIZE 30'X 99') The Office of Strategic Planning has surveyed the city -owned vacant lot at 221 Sobieski, Buffalo, New York 14211, parcel is 30' x 99' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Saleh Abdulla, residing at 225 Sobieski, 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 t transferred to Mr. Saleh Abdulla on the condition that the property is cleaned and improved within (6) months and maintained in a sanitary manner. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning dated April 9, 2002, be received and filed; and That the city -owned property commonly known as 221 Sobieski, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Saleh Abdulla, residing at 225 Sobieski, for the amount of One Dollar ($1.00) and no more, and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -13 NOES -0 NO. 18 TRANSFER OF TITLE, HOMESTEAD PROGRAM 262 STANTON (CITY OWNED VACANT LOT SIZE 30'X 105') The Office of Strategic Planning has surveyed the city -owned vacant lot at 262 Stanton, Buffalo, New York 14211, parcel is 30' x 105' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Ms. Toni McClure, residing at 268 Stanton, indicated she will clean, improve and maintain the lot in the event she! obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no proper 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 t transferred to Ms. Toni McClure on the condition that the property is cleaned and improved within (6) months and maintained in a sanitary manner. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning dated April 9, 2002, be received and filed; and That the city -owned property commonly known as 262 Stanton, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Ms. Toni McClure, residing at 268 Stanton, for the amount of One Dollar ($1.00) and no more, and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -13 NOES -0 NO. 19 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 325 WOLTZ (CITY OWNED VACANT LOT SIZE 30' X 108') The Office of Strategic Planning has surveyed the city -owned vacant lot at 325 Woltz, Buffalo, New York 14211, parcel is 30' x 108' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Ms. Ernestine Mallory, residing at 329 Woltz, indicated she will clean, improve and maintain the lot in the event she obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend the city -owned vacant lot to be designated as a Homestead Property and be transferred to Ms. Ernestine Mallory on the condition that the property is cleaned and improved within (6) months and maintained in a sanitary manner. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning dated April 9, 2002, be received and filed; and That the city -owned property commonly known as 325 Woltz, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Ms. Ernestine Mallory, residing at 329 Woltz, for the amount of One Dollar ($1.00) and no more, and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -13 NOES -0 FROM THE COMPTROLLER NO. 20 Additional Information on Federal Financial Assistance 6/30/01 This is to advise that a copy of the single audit of Federal, state and local financial assistance programs received by the City of Buffalo for the fiscal year ending June 30, 2001 has been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor and the Budget Office. Pursuant to amendments of Section 35 of the General Municipal Law, which took effect January 1, 1989, Your Honorable Body may, in its discretion, provide to the State Comptroller and file with the City Clerk a written response to the findings and recommendations in this report no later than ninety days after its receipt, or July 9, 2002). REFERRED TO THE COMMITTEE ON FINANCE, THE BUFFALO URBAN RENEWAL AGENCY AND THE BOARD OF EDUCATION NO. 21 Updated Cash Flow with actuals through March 1, 2002 for City and Board of Education Attached are the cash flows that reflect January and February actuals and subsequent projections through 6/30/02 for both the City of Buffalo and Board of Education. You may recall, in a collaborative effort last January we presented the cash flows to the rating agencies that reflected the best estimates and expectations as to the size and timing of both revenues and expenditures at that time. Now, I am submitting on behalf of the Budget office and the School district, January and February actuals accompanied by a comparative analysis of the actuals vs. the projections along with the corresponding variances. In addition, I want to issue a strong warning as to the deterioration of our combined cash position as a result of new estimates from the Board and the City. Our ending cash position for May, 2002, has deteriorated from a projected positive $4.8 million to a projected negative $8.7 million. The Board of Education's original estimates presented in January went from a negative $41.7 million for the end of May, 02 to a new estimate of negative $49.6 million, an increase of $7.9 million. The City's original estimates presented for the same period went from a positive $3.2 million to a negative $2.5 million for a swing of $5.7 million Although the negative ending cash amount at 6/30/02 appears to increase by only $3.4 million compared to the original estimate, I believe the overall cash situation to be extremely fragile and call upon the Administration and Board to continue to take steps to improve our cash position. Adding to that, the State must also accelerate revenues budgeted in the current fiscal year for both the City and Board, especially the $19.2 million of " Spin - Up " aid. The following is a representation of actual cash receipts and disbursements for the aforementioned months: JANUARY, 2002 CITY As it relates to the City of Buffalo actuals on a cash basis for January, total revenues exceeded projections by more than $ 7.6 million and expenditures came in less than projected by $942,000 for an aggregate positive cash effect of $8.5 million. Although Property Tax revenues were down from the estimate by approximately S2.6 million, Sales Tax was up $584,000, Other Income was up $6.1 million and Due From Other Funds was up $3.6 million. On the expenditure side, actual disbursements for Salary were $235,000 less than projection and Non - Salary disbursements were $707,000 less than the projection including savings on Interfund Cash Loans. BOARD In January, the Board of Education also experienced a modest positive cash effect comparing actuals vs. projections. On the revenue side, a significant positive variance occurred with the Basic Education Aid category where the actual amount received was $3.729 million greater than the projection. This increase is quite probably attributable to the receipt of a portion of the $5.8 of additional Emergency aid promised by the State. In State Categorical Aid, the amount received was $1.1 million less than projected and Miscellaneous State /Federal Aid was off $847,000 from the projection. However, the Board still had revenues in excess of the projection of $1.9 million. On the expenditure side for the Board in January, Salary and Non - Salary disbursements were modestly less than the projection ($79,000). Overall, on a combined basis, the City and Board finished January with an Ending Cash and Investments amount approximately $10.5 million greater than the projection. FEBRUARY, 2002 CITY In February, the City revenue projections were off somewhat due to fluctuations in the timing of the receipts. Other Income, although down $4.0 million from the projection, is still over $2.0 million higher than projected for the two -month period. In Due from Other Funds, the amount is down $897,000 from the projection. However, when comparing two months of actuals, that amount is $2.6 million over the projection. On the other hand, Sales Tax for February outperformed the estimate by $323,000. The aggregate revenue variance was $4.8 million less than the projection. On the expenditure side for February, the City experienced savings in Salaries by spending g S734,000 less than the projection. However, Non - Salary disbursements exceeded projections by more than S3.6 million dollars. This definitely needs to be monitored as we continue into the last quarter of the fiscal year. It should be noted that in spite of the results from February, the City is still ahead of the two -month projection by nearly $ 1,000,000. BOARD The Board of Education for February experienced total revenues in excess of the projection by $ 1.2 million dollars. Although Categorical Aid was down $4.7 million from the projection, the Board received $1.9 million more in Education Basic Aid and $3.9 million more in Miscellaneous State /Federal aid, making up for that shortfall. On the expenditure side, the Board was not immune from disbursements being in excess of projections. Salaries were $1.7 million higher and Non - Salary was $413,000 higher than anticipated. Like the City, oversight over spending must continue to be a priority. When taken in the aggregate, the Board was still $1.1 million ahead of its projection for January and February. As previously mentioned, based upon the adjusted Cash Flows you will notice that we become cash negative by the end of May by approximately $8.8 million as compared to a positive $4.8 million from the original projection. At June 30, 2002, our combined negative ending cash grows from $4.0 million to a negative $7.4 million. This situation must be addressed. If the State does not accelerate our budgeted $19.2 million of "Spin -Up" Aid for June of this fiscal year, we (the City and the Board) will have to adopt measures that may require the deferment of Non - Salary expenditures to insure both a positive cash flow and repayment our RANS due 6/27/02. In another and extremely critical matter, I want to bring to your attention the Board of Education's State Basic Education Aid estimate for June, 200 -1. Enclosed is a copy of the correspondence from the State Education department stating the General Aid payment due to the Board is $17.897 million as compared to the school district estimate of $39.9 million. Without the benefit of March actuals, I would recommend that appropriate Board personnel clarify this discrepancy with the State Education department and confirm the actual amounts expected to be received. My immediate impression is that this may be merely a timing, issue. I am confident that once March and April actuals are received and reviewed, along with the Board's revised estimates, a clearer understanding of their Basic Aid will be forthcoming. I must emphasize that it is incumbent upon the City and the Board to do whatever is necessary to accelerate receivables, take stronger measures in monitoring non - mandated spending, and more importantly, review their budgets to determine if, in fact, they have achieved their anticipated deficit reduction goals. For your convenience, I am providing the separated and combined City and Board cash flows. Also attached is the reciprocal correspondence between my office and the Board of Education updating their projections through June 30, 2002. Let me remind you that this information compares to the Cash flows that were presented to the rating agencies in January. Once my office receives and evaluates all data for March actuals, I will submit the updated information that will represent actual cash receipts and disbursements for nine months of the fiscal year. Included will be revised estimates for both the City and Board through 6/30/02. 1 trust that this information is helpful in interpreting the current cash position facing the City and the Board of Education for the period July 1, 2001 - March 1, 2002. REFERRED TO THE COMMITTEE ON BUDGET NO. 22 Bond Resolution $2.5M: Main Street Urban Renewal Plan #152 CCP April 2,2002 The above mentioned bond resolution was included in the 2002 Capital Budget as per an amendment dated July 3, 2002, a copy of which is attached to this document. A request for a bond resolution was received from the Office of Strategic Planning on March 20, 2002, also attached. A bond resolution was prepared and submitted to the Council on April 2, 2002. In the process of researching this item, it has become clear to this office that there are some misunderstandings concerning this item. This bond resolution does not affect the Comptroller's imposed debt limit as it is not scheduled to be sold at this time. Only items scheduled to be sold affect the debt limit. This item will increase the authorized but unissued debt. The debt sale currently scheduled for May 15, 2002 will not include this item. Bond resolutions require a 50 -day "seasoning" period to allow for public comment. This resolution would not be legal to sell before May 15, 2002. All Capital Budget items expire on December 31 of the year in which they were authorized. This resolution was requested by Strategic Planning to prevent this item from expiring on December 31, 2002. Should the Council approve this item, it would expire ten years after it was approved. All bond resolutions have a ten -year life. This item may be sold in the next scheduled bond sale after May 15, 2002. The list of resolutions to be sold for any bond sale is assembled by the Office of Strategic Planning. This list is subject to a limit the Comptroller places on the amount of debt he reasonably believes the City can afford to sell. The Office of Strategic Planning has not yet assembled the list for any sale after May 15 nor has the Comptroller set a date for any bond sales beyond May, his office being concerned with the bond sale scheduled for May 15, 2002. REFERRED TO THE COMMITTEE ON FINANCE NO. 23 Certificate of Necessity Transfer of Funds Planning for Capital Projects Public Works We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $75,000 be transferred and reappropriated from the Planning for Capital Projects account, as set forth below: From: 30000106 - 445 100 Planning for Capital Projects $ 75,000 To: 33756706 - 445500 Reconstruction of Fuhrmann Blvd. (Design) $ 75,000 RECEIVED AND FILED NO. 24 Certificate of Necessity Increased Appropriation Department of Police 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 $82,000 in the estimate for the fiscal year beginning July 1, 2001 is necessary in Appropriation Allotments for the Department of Police - Various Functions as detailed below, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriations will be met from an increase of $82,000 in the General City Revenue account Org & Obj # 10200030 - 364000 - Deposit of Unclaimed Property not otherwise appropriated for any other purpose. The details of the requirements are set forth below: To: 12001005 - 467000- Miscellaneous Supplies $ 2,000 12023005 - 461105- Building Maintenance, Janitorial Supplies $ 3,000 12021005 - 461001- Office Supplies $ 2,000 12021005 - 461002- Contract Vendor Supplies $ 5,000 12021005 - 461400- Postage $ 2,000 12021006 - 432002 - Medical Services $63,000 12 021006 - 443 3 0 1 - Machinery and Equipment Repairs $ 3,000 12,021006 - 490000 -Other Services $ 2,000 Total $82,000 RECEIVED AND FILED FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION No. 25 Certiorari Proceedings Fiscal years 2000 -01, 2001 -02 2002 -03 Wyman Gordon Energy Products This is to advise that the owner, Wyman Gordon Energy Products, has instituted certiorari proceedings on 60 Grider Street, and 747 and 777 Northland, Buffalo, New York, regarding the assessments for the fiscal years 2000 -01, 2001 -02 and 2002 -03. This Department reviewed the assessments and the owner expressed a willingness to settle these proceedings. The final assessments for each fiscal year were as follows: 60 Grider Street $900,000 747 Northland $57,900 777 Northland $260,000 The owner is agreeable to a settlement under which the proceeding for 2000 -01 would be withdrawn, The 2001 -02 assessment on 60 Grider Street would be reduced from $900,000 to $600,000. This property is for sale asking $600,000. The, taxes on $900,000 for 2001 -02 were $33,745.64. The taxes on $600,000 would have been $22,497.10, a reduction of $11,248.54. The 2001 -02 assessment on 777 Northland would be reduced from $260,000 to $200,000. The taxes on $260,000 for 2001 -02 were $9,748.76, The taxes on $200,000 would have been $7,499.04, a reduction of $1,124.86. The assessment on 747 Northland would remain unchanged. The taxes are presently unpaid, so no refund would be necessary Based upon a review of the current market value of the property, I feel this settlement would be in the best interest of the City. I therefore recommend this settlement, in which the Department of Law concurs. This proposed settlement is subject to approval by Your Honorable Body. I hereby request that the Corporation Counsel be authorized to settle the 2001 -02 and 2002 -03 certiorari proceedings on 60 Grider Street, Buffalo, New York, by reducing the assessment from $900,000 to $600,000, and that the 2001 -02 and 2002 -03 assessments on 777 Northland be reduced from $260,000 to $200,000. Mrs LoTempio Moved: That the above communication from the Department of Assessment dated April 11, 2002, be received and filed; and That the Corporation Counsel be authorized to settle the 2001 -02 and 2002 -03 certiorari proceedings on 60 Grider Street, Buffalo, New York, by reducing the assessment from $900,000 to $600,000, and that the 2001 -02 and 2002 -03 assessments on 777 Northland be reduced from $260,000 to $200,000. Passed. AYES -13- NOES -0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS No. 26 Notification Serial # 9396 Install No Standing on Colvin Avenue Extension, east side between Delaware Park Ring Road and Crandall Drive NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY Colvin Avenue Extension, east side between Delaware Park Ring Road and Crandall Drive PROHIBITED PERIOD At all times This action is being taken at the request of the Buffalo Zoo to provide greater ease and safety in the maintenance of this section of road and of the adjacent sidewalk. Notification Serial #9397 No Standing - Repeal on Carroll Street, north side between Louisiana Street and Chicago Street NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY Carroll Street, north side between Louisiana Street and a point 456' east of the east curbline of Chicago Street PROHIBITED PERIOD - DAILY At All Times This action is being taken in order to accommodate on- street parking adjacent to the Adelphia service center along Carroll Street. Notification Serial #9398 Install No Standing on Carroll Street, north side between Louisiana Street and Chicago Street NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY Carroll Street, north side between Louisiana Street and Chicago Street PROHIBITED PERIOD At All Times This action is being taken in order to accommodate on- street parking adjacent to the Adelphia service center along Carroll Street. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 27 Report of Bids Delaware Park Lake Water Augmentation System Improvements I hereby submit to Your Honorable Body the following bids which were received and publicly opened on April 3, 2002 for the Delaware Park Lake Water Augmentation System Improvements. The following bids were received: Contractor 1) Kandey Company Inc. 19 Ransier Drive Total Bid $47,387.00 (Low) West Seneca, New York 14224 2) Moody and Associates: $60,000.00 22 Wincamon Drive Fairport, New York 14450 1 hereby certify that the lowest responsible bidder for the above project is Kandey Company Inc., and respectfully recommend that your Honorable Body order the work and the cost thereof to be charged to the Division of Engineering Capital Project Account 35310806 -445 100 in the amount of $52,125.70 (Base Bid $47,387.00 + 10% unit price increase of $4,738.70). The engineers estimate for this work is $50,000.00. The above is certified to be a true and correct statement of the bids received. Under the General Municipal Law any of the bidders may withdraw his bid if the award of this contract is not made by June 3, 2002 Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio Moved - That the above communication from the Commissioner of Public Works, Parks and Streets dated April 9, 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 Delaware Park Lake Water Augmentation System Improvements, to Kandy Company, Inc., the lowest responsible bidder, in the amount of $52,125.70 (Base Bid $47,3 87. 00 + 10% unit price increase $4,73 8.70). Funds for the project are available in Division of Engineering Capital Project Account 353108064,45100. Passed. AYES -13- NOES -0 NO. 28 REPORT OF BIDS EMERSON PLAYGROUND FOOTBALL FIELD FENCE, BLEACHERS & GOALPOSTS As authorized by Your Honorable Body Item No. 32 C.C.P. 7/10/01, 1 asked for and received the following bids for Emerson Playground Football Field Fence, Bleachers &. Goalposts which were opened and publicly read on April 4, 2002: Contractor Base Bid New York State Fence, Inc. $35,800 858 Manitou Road Hilton, New York 14468 Gleason's Nursery $40, 198 4780 Sheridan Drive Williamsville, New York 14221 Diamond Fence, Inc. $43,000 5295 BayView Road Hamburg, New York 14075 Titan Development, Inc. $44,775 8534 Seaman Road Gasport, New York 14067 City Fence, Inc. $47,383 6047 Transit Road East Amherst, New York 14051 Designer's Estimate $35,000 1 hearby certify the foregoing is a true and correct statement of all bids received and that New York State Fence, Inc. is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order the work by New York State Fence, Inc., 858 Manitou Road, Hilton, New York 14468 for the low bid amount of $35,800. Funds for this work are available in MUNIS 36400706. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 4, 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 Emerson Playground Football Field Fence, Bleachers & Goalposts to New York State Fence, Inc., the lowest responsible bidder, in the amount of $35,800. Funds for the project are available in NRJNIS 36400706. Passed. AYES -13- NOES -0 No. 29 Report of Bids Stachowski Park Ballfield Conversion As authorized by Your Honorable Body Item No. 32 C.C.P. 7/10/01, 1 asked for and received the following bids for Stachowski Park Ballfield Conversion which were opened and publicly read on April 9, 2002: Contractor Base Bid Gleascn's Nursery, Inc. 4780 Sheridan Drive Williamsville, New York 14221 $45,890.00 Thomann Asphalt Paving 56 Gunnville Road Lancaster, New York 14086, $49,000.00 Sicar, Inc. 1128 Jamison Road Elma, New York 14059 $50,885.00 Ackerman Mechanical Services, Inc. 401 Lang Boulevard Grand Island, New York 14072 $58,423.00 Buffalo Creek, Inc. 11800 Route 20A Wales Center, New York 14169 $58,500.00 Scott Lawn Yard 5552 Townline Road Sanborn, New York 14132 $59,950.00 Visone Construction Inc. 79 Sheldon Avenue Buffalo, New York 14043 $64,800.00 Titan Development, Inc. 8534 Seaman Road Gasport, New York 14067 $69,975.00 Birch Grove Landscaping P.O. Box 117 East Aurora, New York 14052 $79,700.00 Designer's Estimate $65,000.00 1 hereby certify the foregoing is a true and correct statement of all bids received and that Gleason's Nursery, Inc. is the lowest responsible bidder in accordance with the plans and specifications. This project will convert an existing basebE.11 diamond into an enclosed slow pitch softball diamond. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to order the work by Gleason's Nursery, Inc., 4780 Sheridan Drive, Williamsville, New York 14221 for the low bid amount of $45,890.00 Funds for this work are available in MUNIS 36400706 Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 9, 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 Stachowski Park Ballfield Conversion to Gleason's Nursery, Inc., the lowest responsible bidder, in the amount of $45,890.00. Funds for the project are available in MUNIS 36400706. Passed. AYES -13- NOES -0 No. 30 Change in Contract 118 E. Utica Street Phase III Renovations HVAC Work I hereby submit to Your Honorable Body the following changes for 118 E. Utica Street, Phase III Renovations, HVAC Work, Argy & Sons, C #92010490. 1. Modify bowling lanes. Deduct $4,564.00 The foregoing change results in a net decrease in the contract of Four Thousand Five Hundred Sixty Four and 00/100 Dollars ($4,564.00). Summary: Current Contract Amount $ 117,101.00 Amount of This Change Order ( #1) Deduct 4,564.00 Revised Contract Amount 112,537.00 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 8, 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 Argy & Sons, a decrease in the amount of $4,564.00, as more fully described in the above communication, for work relating to 118 E. Utica Street, Phase III Renovations, HVAC Work, C #92010490. Funds for this project are to be credited to CPF .3 0230206 445 100- Division of Buildings. Passed AYES -13- NOES -0 No. 31 Change in Contract City Hall Common Council Chambers Phase 2 Restoration Flooring I hereby submit to Your Honorable Body the following changes for the City Hall Common Council Chambers, Phase 2 Restoration, Flooring, Picone Construction, C #92010417. 1. Credit to omit refinishing floor below spectator seating Deduct 7,275.00 The foregoing change results in a net decrease in the contract of Seven Thousand Two Hundred Seventy Five and 00/100 Dollars ($7,275.00). Summary: Current Contract Amount $ 46, 700.00 Amount of This Change Order ( #1) Deduct 7,275.00 Revised Contract Amount 39, 425.00 Costs have been reviewed by the Consulting Architect (Hamilton, Houston, Lownie, Architects) 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 35320906 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 2, 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 Argy & Sons, a decrease in the amount of $7,275.00, as more fully described in the above communication, for work relating to City Hall Common Council Chambers, Phase 2 Restoration, Flooring, C 992010417. Funds for this project are to be credited to CPF 35320906 445 100 - Division of Buildings. Passed AYES -13- NOES -0 No. 32 1292 Hertel Ave Expand Existing Sidewalk Cafe No. 166, C.C.P. 07/11/00 Ms. Susan Semeraro, owner of Romeo's Cafe, located at 1292 Hertel Avenue, has requested permission to expand an existing sidewalk cafe (CCP# 156 of 07 -11 -00) to include additional City right -of -way on Hertel Avenue and Crestwood Avenue. The Hertel Avenue addition would measure approximately 20' in length and extend eight feet (6) from the building; face and the Crestwood Avenue addition would measure approximately 10' in length and also extend 8' from the building face. 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 #156 of 07- 11 -00) are met: REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD No. 33 Elmwood Avenue at North Street; Information Kiosk Within Right of Way Ms. Nancy Pollina, on behalf of Forever Elmwood, and in conjunction with the University of Buffalo's School of Architecture and Planning, has applied for permission to install an information kiosk within City right of way at the northwest comer of Elmwood Avenue and North Street. The information kiosk would be located partially on private property and be designed and primarily installed by UB Architecture students. The kiosk would be irregular in shape but occupy a space approximately 15' long by 6' Aide and be constructed of 1 1/2" steel pipe and concrete. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413 -67 (Encroachment regulations) 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 approved by the Planning Board and Your Honorable Body the Commissioner will issue a "Mere License" for installation of said encroachment provided. the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary including a building permit from Room 301 City Hall. 2. That the information kiosk be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. That no portion of the information kiosk be installed within I F of the west curbline of Elmwood Avenue. 4. That the applicant be responsible for maintenance of the information kiosk as long as it remains within City right of way. 5. That, in the event that the Commissioner of Public Works, Parks, and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, said commissioner may order the immediate removal of the encroachment as described in Chapter 413 -67 (F) of the City Ordinances. 6. That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use or removal of said information kiosk. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, THE CORPORATION COUNSEL AND THE ART COMMISSION NO. 34 Permission to Enter into Agreement CSX Railroad and N.Y. State Thruway Authority Reconstruction of Michigan Ave. Bridge over Exchange St. /CSX Rail P.I.N, 6764.66 Our department has advertised for and will open bids for Reconstruction of the Michigan Ave. Bridge over Exchange St. and CSX Railroad on 4/18/02. In order to facilitate construction of this project it is necessary for the City of Buffalo to enter into agreements and pay associated costs for work on the project which impacts facilities owned by CSX Railroad and the N.Y. State Thruway Authority ( NYSTA). Therefore, permission is requested from Your Honorable Body for the Commissioner of Public Works to enter into all necessary agreements and pay all associated costs related to CSX Railroad and NYSTA - facilities to be effected by reconstruction of the Michigan Ave. Bridge over Exchange St. and CSX Railroad. This is a federal aid highway project with 94% of costs reimbursed to the City. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 11, 2002 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to enter into agreements and pay all associated costs for work on the project which impacts facilities owned by CSX Railroad and the N.Y. State Thruway Authority (P4YSTA) for Reconstruction of the Michigan Avenue Bridge over Exchange Street. With the condition that a report of the final actual cost to the City be filed with the Council. Passed., AYES - 13 - NOES — 0 No. 36 #27 CCP, April 2, 2002; "R. Jowsey- INFO Sanitation Cans & Workers" In the above - referenced item, Deputy Commissioner Paul V, Sullivan talked to Mrs. Jowsey in person at her residence at 20 Fleming Street. He made sure that her garbage was picked up and that the bar was replaced on her tote. When we receive a list of bars that are missing or broken from the totes, we fax them to Jim Pierakos who has a private contractor replace the bars. All of the bars on the totes are being changed city wide. RECEIVED AND FILED NO. 36 102 Theodore Street Reapply for Permission to Install Sidewalk Cafe I tem No. 166, C.C.P.06/26/01 Mr. Jimmie Hill, owner of Jimmies Bar and Grille, located at 102 Theodore Street, has reapplied for permission to install a sideway cafe located partially within City right of way at said address. Mr. Hill originally applied for a sidewalk cafe in April, 2001, but was denied permission by the Common Council (C.C.P. #155 of 6/26/01). The Department of Public Works, Parks and Streets has again reviewed this application pursuant to Chapter 411, 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 50 feet in length or extend more than 7 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 located within City right of way 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) cons Lruction 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 LEGIS4ATION AND THE CITY PLANNING BOARD No. 37 Windstorm Damage / Repairs; LaSalle Park 66 CCP of 4/2/02 This is in response to concerns raised by Your Honorable Body regarding conditions at LaSalle Park. Our department is in receipt of various complaints regarding the damage to LaSalle Park including those documented by the LaSalle Park Garden Committee. Please be advised that since Monday 4/8/02 our department has been making repairs and performing clean up operations at the park. This work has included filling of sinkholes, tree removal, clean up of debris and preparation of repair estimates for the damaged roadway Sections. We anticipate having the roadway repairs completed and sink holes filled in the near future so that the park and roadway can be open for use by the public. In addition, we will be placing concrete jersey barriers at the boat launch area to restrict assess and will maintain clean up /maintenance operations as staffing allows. We are also pursuing planning, design and hopefully replacement of the seawall with the Army Corp of Engineers. REFERRED TO THE SPECIAL COMMITTEE ON WATERWAYS No. 38 Certificate of Appointment Appointment Effective: April 8, 2002 in the Department of Public Works, Parks & Streets Division of Water to the Position of Water Distribution Superintendent Provisional Promotion at the: Intermediate Starting Salary of: $48,848.00 Frank Mangione, Jr. 221 Roesch Avenue Buffalo, New York 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 39 Certificate of Appointment Appointment Effective: January 14, 2002 in the Department of Public Works, Parks and Streets) Division of Streets to the Position of Dispatcher Permanent Promotion at the: Intermediate Starting Salary of: $30,923 John E. Ort 23 Hansen Avenue Buffalo, New York REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 40 FIRE ALARM SYSTEMS ITEM NO. 147, C.C.P. 4/2/2002 1 am in receip -1 of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. Please be advised that the Department of Permit and Inspection Services has no objections to the repeal of Section 103 -26, Fire Alarm Systems, of the Ordinances of the City of Buffalo. As of this writing The Electrical Inspectors assigned to the Department of Permit and Inspection Services will be enforcing the latest edition of the National Electrical Code. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 41 C. FISHER -V. FERRARACCIO -INFO. - INSPECTION 313 WESTON ST ITEM NO. 40, C.C.P. 12/11/2001 1 am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. Building Inspector Vincent Ferraraccio on November 29, 2001 performed a re- inspection of 313 Weston Street. Inspector Ferraraccio reported that the areas surrounding the store were in fact cleaner that when first inspected on November 19, 2001. As a result of your most recent inquiry, Inspector Ferraraccio was dispatched to the site on April 3, 2002. As a result of that inspection the owner of the property was issued a City of Buffalo Ordinance Violation Summons and is being fined for having debris and trash on the Eggert Road side of the building. Please be advised that there have been a total of forty -one (4 1) "911 " call made referencing this property from 3/14/97 to present, Twenty (21) of these calls have been made in the past year. Please be advised that the Department of Permit and Inspection Services will monitor the situation at this property. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 42 DOWNTOWN SPECIAL DISTRICT PROPOSED VENDING SITE MAP 2002 -2003 Pursuant to Article VIII, Chapter 316, Sections 41 -50 of the City of Buffalo Ordinances, please be advised that I am submitting the attached map of proposed vending sites for the Downtown Special District year 2002 -2003 from Buffalo Place Inc. REFERRED TO THE COMMITTEE ON FINANCE AND THE BUFFALO PLACE NO. 43 "P. SOLE - AQUEDUCT CONST. -8 WHITNEY PLACE" ITEM # 30, C.C.P. 3/05/02 In response to item #30, C.C.P., March 6, 2002, the Department of Permit & Inspection Services, Division of Licenses has the following response: The Department's Division of Licenses will monitor work yet to be performed at 8 Whitney Place by Aqueduct Construction. As indicated in the communication from Supervisor of Licenses Patrick Sole Jr., Aqueduct Construction has until April 1, 2002 to complete mutually agreed upon work and until May 1, 2002 to complete roofing repairs. This Department will report to your honorable body as to the final result of this complaint. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 44 CITY OF BUFFALO PARK FEES #143, CCP APRIL 2,2002 1 would be happy to attend a meeting on this matter, as would the Budget Director. I think it is important to remember that we are attempting to recover the costs borne by the Parks Division relating to these events as part of our plan to close the current year and future years' budget gaps. We have attempted to set fees at a level that is in line with other cities and with the work our employees do. I trust this answers your question. REFERRED TO THE COMMITTEE ON BUDGET NO. 45 REPORT OF AUDIT - DEPT OF ADMINISTRATION AND FINANCE - DEMOLITIONS #25, CCP APRIL 2,2002 1 have read the audit and have several comments: First, the demolition function is not managed by the Department of Administration and Finance, but by the Department of Public Works, Parks and Streets. I believe that Commissioner Giambra is responding separately to this item as well. Second, while I am aware that the goal of the audit was to compare the "'internal" and "external" costs of demolitions, and while the audit does present some conclusions in this regard, it is not possible to understand from the information in the audit how the writers actually arrived at their conclusions. As I mentioned in Council Budget Committee, the fact that there was no "exit" conference prevented us from making this point before the audit was published. Commissioner Giambra and I have already met with City Auditor Beliotti and have asked him for his working documents. I hope that those will be forthcoming, as it is those documents that will allow us to look more closely at the costs, to make sure that we are managing the best we can, to make sure that we are comparing the demolition of like structures, etc. I think it is important to remember that the structures we may be demolishing at present may be different from those structures we were demolishing two years ago. To the extent that the demolitions are of larger buildings the costs will differ. I trust this answers your question. REFERRED TO THE COMMITTEE ON BUDGET NO. 46 CREATING TASK FORCE - EXPLORING JOINT EFFORTS - RESOLVE FISCAL CRISIS - BUFFALO /LACKAWANNA #151, CCP APRIL 2,2002 The Masiello administration is willing to participate in any discussion concerning ways in which any or all of the region's municipalities can work together for their common good. REFERRED TO THE SPECIAL COMMITTEE ON REGIONAL GOVERNANCE NO. 47 INV. POSSIBILITY - ONE TIME AMNESTY FROM PENALTIES DUE #144, CCP APRIL 2,2002 1 am completely against the idea of an amnesty relating to penalties on any payments. The overall effect of any amnesty programs that has been undertaken in other municipalities has been to reduce revenue, not to increase it. Even discussing the possibility of amnesty causes a drop in payments to the City, as people wait to see whether they will benefit. There are many people who pay on a current basis, and many who pay the interest and penalties, that would rind the idea of an amnesty Unfair. The granting of amnesty on unpaid taxes is currently not allowed under New York State Law. I would ask your Honorable Body to end the discussion of an amnesty program. I have attached materials from other cities that support my position. REFERRED TO THE COMMITTEE ON FINANCE NO. 48 LEASE REQ. SPACE AT SHEEHAN MEM. HOSPITAL COB SUBSTANCE ABUSE SERVICES #12, CCP APRIL 2,2002 1 respectfully request that your Honorable Body table this item and refrain from further action on it until the release of the Mayor's Recommended Budget for 2002 -2003. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF COMMUNITY SERVICES NO. 49 THE CODE OF CONDUCT PROGRAM Action Requested of the Council: The Department of Community Services applied for and received a fully executed contract for a grant of $35,000 from the New York State Department of Criminal Justice Services (DDCJS)) to fund the Code of Conduct Program. The Mayor has approved the program and has signed the contract supporting our efforts. The program focuses on juvenile delinquency prevention strategies. The Department of Community requests the following two actions from the Council: 1. Please g rant the Department of Community Services permission to accept the contract and, 2. Please approve our request for an inter -fund loan for $35,000.00 to operate the program until reimbursements are received from the State Department of Criminal Justice Services. We expect the city to be 100% reimbursement for any expenses incurred operating the program during the contract year. Program Description: The Code of Conduct Program, is a youth violence prevention program that targets seven to 15 year -olds who have been identified by the probation office as potential repeat offenders. The goals of the program include education, assisting the youth in recognizing accountability for their own actions, and help stop their further penetration into the criminal justice system. The program will target 120 youthful offenders and their families per year. Buffalo Police and Erie County officers and the City of Buffalo Program Director of Youth Counseling Services conduct the program seminars. Long Term Cost to the City: The program will operate from April 1, 2002 to March 31, 2003. It will be fully refunded by the Department of Criminal Justice Services for the full cost of $35,000.00. There is no match component for this grant Mrs. LoTempio moved. That the above communication from the Commissioner of Community Services dated April 9, 2002, be received and filed; and That the Mayor be, and he hereby is authorized on behalf of the City to execute a contract for a grant of $35,000 from the New York State Department of Criminal Justice Services to fund the Code of Conduct Program. Authorized the Comptroller to provide an interfund cash loan totaling $35,000, until such reimbursement is secured from the State Department of Criminal Justice Services. PASSED AYES -13 NOES -0 NO. 50 COMMUNITY DEVELOPMENT COMMITTEE REQUEST OF APRIL 3, 2002 WORKFORCE INVESTMENT BOARD AND YOUTH OPPORTUNITY PROGRAM The Community Development Committee of the Common Council has requested information relating to the Workforce Investment Board (WIB) and the Youth Opportunity (YO) Program (copy of April 3, 2002 letter attached). Included was a request for: more detailed information on program placements, applications of programs funded through YO, and an explanation of in -kind services listed in YO contract information, and a request that the WIB Board be invited to a Community Development Committee meeting. In response to this request, a letter was forwarded April 4, 2002 to the staff of WIB (copy attached) asking that the WIB, as the procurement and reporting arm for the local workforce development system respond to these items. Attached are the materials, including a cover summary, received from the WIB in response to this request. The remaining item requested by the Community Development Committee was for an update on the status of the JFK Center. The Youth Opportunity Program is leasing space from the City at the JFK to provide YO services to youth. The Youth Opportunity program has renovated the space it is leasing to make it ADA compliant (i.e., elevator installed, bathrooms redesigned) and to construct and upgrade to code classroom, computer lab and public spaces. The YO site at the JFK Center is now functioning. Program staff is housed at the Center and many YO services including orientations, skill testing, job readiness and life skill workshops, education classes, counseling, placement, and recreation activities are taking place at the Center. The YO Center at JFK is open Monday through Friday from 9:00 a.m. to 9:00 p.m. and Saturday from 12 noon to 8:00 p.m. Attached is a summary of the renovations made to the Youth Opportunity Program space at the JFK Center. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 51 ANNUAL AUDIT FYE MAY 31, 2001 Pursuant to the charter and ordinances of the City of Buffalo, Article IV- City Development Agencies, Section 6 -23, we are hereby submitting a copy of the Buffalo Economic Renaissance Corporation Audit for the fiscal year ending May 31, 2001. Please be advised that the BERC Board of Directors approved the Audit at its meeting of February 27, 2002. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 52 NYS EMPIRE ZONE #74 & #38 REVISION TO 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 #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 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. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 53 SHIFT OF OPERATION INTO AN EMPIRE ZONE NPC ITEM NO. 163, C.C.P 04/02/02 The Oden Corporation /Niagara Pump Corporation has operated a facility at 225 Great Arrow in the City of Buffalo since 1982 and has grown to employ 40 people in the City of Buffalo. Two (2) employees reside in the City of Buffalo and thirty -eight (38) reside outside of the City of Buffalo. Buffalo Economic Renaissance Corporation staff has had regular contact with executives of Oden Corporation /NPC over the past three years to identify suitable buildings and or real estate to accommodate Oden's growth and productivity needs. Recently Oden /NPC completed another exhaustive search of suitable sites within the City of Buffalo, including a comprehensive cost analysis of renovating a soon to be vacant downtown Distribution and Warehousing facility. The cost of rehabbing the existing City of Buffalo facility was almost twice the cost of acquiring and renovating the Tcnawanda facility. Throughout all contacts with Oden /NPC, the company has displayed a genuine willingness to consider viable City of Buffalo properties and thoroughly evaluate the business implications. Recently Oden /NPC identified a building on Fire Tower in Tonawanda, New York, which meets their growth needs and operational requirements. When compared to available options in the City of Buffalo the Tonawanda facility is much more cost effective. Therefore, since Oden /NPC has made a good faith effort to consider available options in the City of Buffalo and has worked diligently with Buffalo Economic Renaissance Corporation staff, I recommend that this resolution be acted upon favorably by the Common Council of the City of Buffalo RECEIVED AND FILED FROM THE CITY CLERK NO. 54 DISPOSITION OF RECORDS Attached please find the following disposition of records from the following departments: PUBLIC WORKS, PARKS & STREETS HUMAN RESOURCES COMMON COUNCIL COMMUNITY DEVELOPMENT AUDIT & CONTROL GENERAL SERVICES HUMAN SERVICES RECEIVED AND FILED NO. 55 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 617 Main St Downtown Restaurant Patrick Kelleher 830 Abbott Doc's Pizza Mark Carney 382 Abbott Hooleys Chris Mikienis 241 Ashley David Weber David Weber RECEIVED AND FILED NO. 56 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: X Public Works, Streets & Parks x Police x Fire X Community Services REVEIVED AND FILED. NO. 57 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: X City Planning Board RECEIVED AND FILED NO. 58 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 9, 2002 in the Department of Community Services, Division of Contract Administration to the Position of Lifeguard, Seasonal, Non - Competitive at the Flat Starting Salary of $ 6.25 p /HR Elizabeth Honan, 32 Covington, Buffalo 14216 Rebecca Wilson, 58 Dundee, Buffalo 14220 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/HR William Alessi, 721 Busti, Buffalo 14213 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 at the flat starting salary of $5.15/hr Thomas Mary, 54 Arkansas, Buffalo 14213 James Creahan, 96 Sheandoah, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment Effective April 8,2002 in the Department of Public Works, Parks, Streets Division of Parks to the Position of Laborer 11, Seasonal, Non Competitive at the Flat Starting Salary of $ 8.15 Boswell Kerwin, 54 Humber, Buffalo 14215 Gonzalez Joseph, 65 Beatrice, Buffalo 14207 Nott, Philip, 54 Clifford, Buffalo , 14210 Truitt, William, 23 Montcalm, Buffalo 14214 VanderEmpten, Kevin, 86 Mayer, Buffalo 14207 CERTIFICATE OF APPOINTMENT Appointment Effective: April 8, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer 11, Seasonal Non - Competitive at the Flat Starting Salary of $ 8.15/hr Christopher Zgoda, 101 Ullman, Buffalo, NY 14207 William Buyers, 121 Delsan Court, Buffalo, NY 14216 Miguel Colon, 634 Plymoubh, Buffalo, NY 14213 Robert W. Davis, Jr., 198 Swan Street, Buffalo, NY 14204 Jeffrey Daminski, 45 Geary Street, Buffalo, NY 14210 Peter Rose, 49 Shoreham Blvd., Buffalo, NY 14216 Michael Lombardo, 141 Shenandoah, Buffalo, NY 14220 Adrian Washington, 53 Oberlin, Buffalo, NY 14211 Bart Stachoski, 400 Willett Avenue, Buffalo, NY 14206 NO. 59 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) . CERTIFICATE OF APPOINTMENT Appointment Effective April 8, 2002 in the Department of Community Services, Division of Contract Administration to the Position of Attendant, Temporary As Required at the Flat Starting Salary of $ 6.00 p/h Lucy Tuzzolino, 36 Commonwealth, Buffalo 14216 Sarah Haas, 11 Deer, Buffalo, NY 14207 Laura Carr, 106 Chadduck, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment Effective: April 1, 2002, in the Department of Community Services, Division of Contract Administration to the Position of Attendant, Temporary As Required at the Flat Starting Salary of $ 6.00 p/h Alonzo Barnes, 511 Cambridge, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment Effective: April 9, 2002 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary Appointment at the Flat Starting Salary of $ 10.25/hr John A. Loughran, 215 Marine Drive, Apt. 7A, Buffalo 14202 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 60 W. BOOKBINDER - CONCERNS ECIDA PROJECTS Honorable James W. Pitts 1 wish to express my deep concern on the E.C.I.D.A. projects now being considered. Do we need more golf courses in the suburbs ? South Shore Country Club would be substantially harmed and would. be hard pressed to compete with the proposed Golf courses. As a family business, like a lot of other business's we have to fighting order to survive. The number of golfers at our course has diminished from 35,000 just three years ago go down to 30,000 rounds last year. As you can well imagine and understand we are feeling the pinch of what we believe is an economic squeeze. We believe in fair play prompted by a level playing field. We ask for no tax brakes or monies . As an individual and a business person I'm sure you would object to this unfair competition. The E.C.I.D.A needs to understand the math. South Shore during it's busiest times tries to put seven foursomes through each hour. How many hours and how many days can you realistically expect to get out of a season.? How much would you try to charge to cover the cost of a $6,000,000 + mortgage in a five month season. At what interest rate and how many years Did you come up with a $80.00 green fee. Who covers the cost then? Did that cover the cost of the cart What we need is more well paid jobs. Most golf course's employ approximately three individuals who make more than $30,000 per year. Every other employee is seasonal. Thank You REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE ERIE COUNTY INDUSTRIALDEVELOPMENT ASSOCIATION NO. 61 R. DONOVAN- REVISED PLAN REDUCING COUNCIL SIZE Here is a copy of the proposal on reducing the Council size and redistricting the districts. The Independence Party City of Buffalo Committee in the past few years has grown into a larger committee with ideas for better government. Our NYS platform reads that we support smaller more efficient government. Which is why our city committee is proposing a plan to reduce the Council size. Many Politicians have come to our political party seeking our endorsements one time or another. Our committee has said: Well if these candidates and incumbents ask for our endorsement than they should at least be receptive to our ideas for redistricting the City of Buffalo and reducing its Council size and district numbers. Our committee has discussed ideas involving the Niagara District, its Hispanic representation in city politics. We have decided to create a Waterfront District that could represent the Hispanic Community. We propose that portions of Ellicott & Fillmore Districts form a review district named after Americas most decorated War Hero and native to the Fillmore District Col. Matthew Urban. Also the now Masten District be called the Martin Luther King District. We suggested that the Council At Large positions be dissolved and the Council President position be restructured. Our committee believes our plan will save the City of Buffalo close to I million dollars. We propose a plan of 7 districts with a floating Council President. How -would this work? With each district roughly representing 43,000 people under this plan for 7 districts Seven Council people would serve one term as Council President over a 4 -year term in office. The new 4 -year term as Councilperson would give each person on the Common Council a 7 month service period as Council President once over this time period. No longer will the taxpayers pay one person $85,000 a year and pay staff wages and office space and utilities to maintain this political position. The Floating President position will force every district councilperson to listen to one another about their district's problems because they all will be a deciding vote when the get their turn as Council President. Council Members, the County Executive is knocking on the door of this city to dissolve it we suggest this Council should act fast on this proposal because The IP proposal saves 111 ore tax dollars than anything we've heard yet. So hear is our plan for Redistricting. No Council At Large positions & a Floating Council President and remove two districts. We will dissolve University, Ellicott and Fillmore Districts. Our Plan will give chance to 3 white, 3 Black and I Hispanic district to bring some sense of equality on the council. Here are the plans starting with the South District. 1) South district gains Lovejoy District ED "s #1 & #12. South looses no ED's 2) Lovejoy district will give up all districts north of Broadway. The south boundary will be the Buffalo River. The west boundary will be Louisiana Street staring at the Buffalo River than head north to the Penn Central RR. At this intersection head northeast along the Penn central RR till it crosses Bailey Ave. Than North Lip Bailey Ave. to Broadway. Than east on Broadway to the City line. The east boundary would be from Broadway along the city line to the Buffalo River. Lovejoy gains ED's of Fillmore # 00,1,8,(1/2 of 10, 16,27 & 30), 11 15,17,21,22,') 1,33,37,40,41. Lovejoy looses ED's of : 1,4,10,12,14,16,17,20,21,2' ),24,27,29,30,3 1,32 & 33. 3) Waterfront /Theater District West Boundary is the Niagara River. The east boundary- heading north starts along Lovejoys west boundary at Louisiana St. and the Buffalo River north to the NYS Thruway. Follow the Thruway west --.o Michigan Ave. Michigan north to Goodell St. Goodell west to Main St.,Pvlain north to Richmond. Richmond north to West Delevan, Delevan to the Niagara River. Waterfront /Theater District is mostly the old Niagara District, I uses none from the old Niagara District. It galins ED's: Fillmore 24,(1/2 of 16 & 27,28 & 29. Ellicott: 7,8,9,10,11,12,1'), 14,16,17,19,21,22,35,41,42. 4) North District west boundary is the Niagara River. The North Boundary is the City line. The South Boundary starts at West Delevan Ave. at the Niagara River runs east to Richmond. The East boundary starts at Richmond and W. Delevan. North on Richmond to Forest. Forest west to Elmwood, north up Elmwood to Nottingham. Follow up Nottingham to Amherst. Amherst east to Colvin. Colvin north to the city line. North district looses ED's; #2,7,19,26. Gains ED's; Delaware 2,3,4,7,21,27,31 & 33).Niagara. 3,6,8,11,12. 5) Col. Matthew Urban District South Boundary is Lovejoy districts north boundary. West boundary is along from Michigan and the NYS Thruway north LIP Michigan to the NYS 33) . North Boundary is Michigan & the NYS 33 north to Sycamore St., heading west on Sycamore St. to Genesee St. Genesee east to the city line. This District is a combination of the following ED's. Lovejoy ED's #24,27,29,31,32, 33. Ellicott ED's # 1,(1/2 of 16) ,18,20,2428,31,34.37,38,39,40. FillmoreED's #2,3,5,6,7,9,(1 /2of 10,13,30)12,14,18,19, 23, 25,26, 32, 34,35, 36, 38. 6) Martin Luther King District District South Boundary Is the Col. Matthew Urban District's north boundary West Boundary is the Waterfronts east boundary North Boundary is Delaware District's South Boundary, which is Richmond and East Delevan east on Delevan to Fillmore Fillmore north to the Kensington Expressway, follows the Kensington east to the city line. The MLK district is comprised of the following ED's. Masten looses ED's 15,16,17,18,24,28,29,30, 31. Masten Gains ED's: Lovejoy # 4,10,14,16,17,21,23,30. University: #4 4.,5,6,8,10 „(1 /2 of 20), 23,30. Ellicott ; #2, 3,4,6,15,25,26,27, 29,30,33. 7) Delaware District South Boundary is Masten District's north boundary. North Boundary is the city line at Colvin Ave. east along to the intersecting city line. West Boundary is the North Districts east boundary East Boundary is the city line from the North south to Kensington Ave. Delaware looses ED's # 1- 3,(1/2 of 4),5,7,11, 17,20,21,25,27- 29,30,3) Delaware gains ED's Masten # 15,16,17,18, 224, 28,29,30, 31,3)8 University ED's #1,2,3,7,9,11,13,15 - 19,(1/2 of 20),21,22,24,26 - 29,31,32,33,34. The Independence Party will state this idea is economically sound and fiscally conservative, Its Floating Council President encourages unity across the district fines. It may save close to a million dollars by removing the current position of the Council President and the three Council At Large positions. Seven Districts with a city with 295,000 people left is roughly 4 -2 to 44 thousand people in each district are a very fiscal proposal. We would request that the council except this concept as one of the proposals is for redistricting under the name of the Independence Party Buffalo Committee and that this proposal goes before the Redistricting Board. Also that this proposal be on the referendum ballot this fall so the voters can decide which proposal is best. Also I will ask the Common Council and the Redistricting Board that if this proposal were not chosen I would like in writing the fiscal savings in comparison of out - proposal to the one chosen. Council Pres.James Pitts REFERRED TO THE SPECIAL COMMITTEE ON REAPPORTIONMENT NO. 62 A. DORN- RESPONSE F. REDD GREATER BFLO SAV BANK -DEBT TO COB Mr. Nowak sent me item 174 and 175 from the Council's April 2 rud meeting and requested that I submit my comments or recommendations to the Council. In response I have enclosed a copy of my letter to Councilman Fisher. I would also be pleased to meet with the Community Development Committee if they so desire. Thank you for requesting my response. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 63 ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY ECI D A /PAYMENT IN LIEU OF TAX ( "PILOT ") AGREEMENTS ON PROJECTS IN THE CITY OF BUFFALO Dear Sir /Madam: In response to your April 4, 2002 inquiry, the following are ECIDA's comments to the "List of Unpaid P.I.L.O.T.S. as of March 11, 2002 ": Prudential Associates: Prudential Associates remains in bankruptcy. The mortgagees had previously obtained leave of the bankruptcy court to foreclose the second and third mortgages on the building. After significant procedural wrangling, the first mortgage was paid of f and the second and third mortgages have been acquired by Guaranty Associates LLC, a limited liability company wholly owned by Hodgson, Russ LLP. On April 12, 2002, Guaranty Associates, LLP will bring a motion asking the court for summary judgment in the foreclosure action. If this is granted, the mortgages will be foreclosed, the interest of the IDA, Prudential Associates and any junior lien holders will be cut off and, assuming no one else bids at the foreclosure sale, title to the property will vest in Guaranty Associates, LLP, thereby returning it to the tax rolls. The PILOT arrearages, which are not alien on the property, are a contractual obligation of Prudential Associates. To the extent the City and the County filed proofs of claim in the bankruptcy, the prepetition PILOT payments will be treated as unsecured claims and will be paid only to the extent there is money in the bankrupt estate to pay them. Since I expect the only asset of the estate is the building and since I expect there will not be any excess proceeds from the foreclosure sale, it is probably unlikely that there will be money to pay them. The Corporation Counsel and the County Attorney will need to monitor the bankruptcy, which I expect will be converted to a liquidation if the foreclosure proceeds to sale. 2. Commitment 2000 (Father Sam's): Commitment 2000 is in bankruptcy. It has proposed a reorganization plan which would provide for the payment of the pre - petition delinquencies in full over time. No date has been set yet for confirmation of the plan. It is my understanding that post - petition PILOT arrearages would be paid as administrative claims at the time the plan is confirmed. Jeff Reed of the Corporation Counsel's is monitoring this for -the City. 3. SRK Broadway: Although the PILOT Agreement is between the IDA and SRK Broadway Associates Limited Partnership the PILOT payments were being made by KMart under its lease with SRK Broadway. KMart has filed for bankruptcy protection and any claims against KMart for payment of pre - petition arrearages would have to be handled through the bankruptcy (by the City filing a proof of claim.) Under the terms of the PILOT Agreement, the City also has the direct right to enforce the Agreement against SRK Broadway Associates Limited Partnership. Please let me know if you require anything further at this time. Very truly yours, ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY REFERRED TO THE COMMITTEE ON FINANCE NO. 64 CONSTRUCTION CONTRACT MONITORING AND COMPLIANCE SERVICES MONTHLY REPORT JANUARY & FEBRUARY 2002 Beviar & Associates Inc. INTRODUCTION The Joint Schools Construction Board (JSCB) retained the services of Bevlar & Associates, Inc. (Bevlar) to consult with and to assist it in developing, implementing and monitoring the JSCB's Workforce and Business Diversification Plan with respect to contractors, consultants, suppliers and others performing services for the District Wide Technology (E -Rate) Project (Phases I & 11), which relates to the upgrading of computer and telecommunications technology for the City of Buffalo School District. In addition to the foregoing, the agreement calls for Bevlar to gather information relative to the MIWBE goals set forth for the architects selected for the JSCB's Capital Program and prepare a report. One of the requirements of the agreement is the preparation of a monthly report Bevlar was brought on board after Phase I had been bid and contracts let. After reviewing the contracts and subcontracts in Phase 1, we had concerns that some of the Majority Contractors would not meet the MM/BE goals as set forth by the JSCB. We expressed our concerns to Doug Francis, the JSCB's Executive Director, whom informed us that at the time Ronco Communications & Electronics ( Ronco) bid on the project, there were no goals included in the bid documents. Therefore, Ronco and its subcontractor, Frey Electric, Inc., were not required to meet any goals. Ronco and Frey will not be included in our reports. INFORMATION Bevlar began collecting information immediately in order to prepare its monthly reports. The data that has been gathered to date and that which will be gathered in the future come from a variety of sources. Daily monitoring of the various job sites is the major source of the information. Interaction with the contractors at the job sites, attending the "Weekly job progress meetings, working closely with the JSCB's Executive Director, offering and receiving input at the JSCB's MM/BE Diversity Task Force meetings and coordinating the assimilation of contractor information through Thomas & Associates; have all contributed to the information needed to file the monthly reports. REPORT The tables and the District Wide Technology Project -Phase I spreadsheet contained in this report reflect the activity of those contractors working on Phase I of the E -Rate project during the months of January and February. Also included are spreadsheets depicting the information gathered on the architects awarded contracts for the JSCB's Capital Program. The tables contain audited information (information that. has been substantiated by certified payrolls). The JSCB stipulated in its documents that contractors must have their Monthly Employment Utilization Reports in by the 5 th of the month following the month the activity occurred. The receipt of the information is the basis of our reports. Bevlar has data from its daily monitoring reports, which is unaudited for the month of March; therefore, it is not included in this report. However, from the March daily monitoring reports, Ferguson Electric, the only contractor that has been active, continues to exceed the goals set for minority and women workforce participation (minority - 38 %, women - 6 %). Even though Bevlar is not reporting on the unaudited data, our daily monitoring reports allow us to keep abreast of the contractors' participation and give us the ability to detect problems immediately. . MIWBE CONCERNS The District Wide Technology Project -Phase I spreadsheet depicts our areas of concern with respect to MM/BE participation. There are three prime contractors that are required to adhere to the goals of the project. After reviewing the pertinent information that was submitted, the following areas of concern were identified. Miller Enterprises, Inc. We were informed Miller was given a waiver from the MM/BE goals, which is evidenced by a letter the owner of the company wrote January 29, 2002 to the JSCB's Executive Director requesting said waiver and approved February 6, 2002. In lieu of being required to meet the goals, Miller has committed to increasing its workforce goals to compensate. Miller has issued a purchase order to a WBE for photo work on the project that represents approximately 2.5% participation toward the WBE goal of 5 %, which leaves the company short of achieving the required goal. Ferguson Electric Co., Inc. Ferguson presents a critical concern with respect to its MM/BE participation because the subcontracts or purchase orders it has issued are for material supplies. The JSCB's bid documents made it very clear that any contractor utilizing a minority or woman firm for material supplies, in order to meet its MM/BE requirements, would only be allowed to count that portion of the supplies contract or purchase order that the MM/BE firm marks up over the actual cost of the materials. In order for Bevlar to calculate the dollar amount that Ferguson can claim from the purchase of the materials from its two suppliers, the purchase orders and the actual invoices for the materials must be provided by the MM/BE. Whatever the amount of the markup that will be allowed to count toward Ferguson's MM/BE requirements, it will not be enough to comply with the JSCB's goals. The issue has been discussed with Ferguson, the JSCB Executive Director and in the JSCB Diversity Task Force meetings. Ferguson's representative stated that there were no minority electrical firms around that they could subcontract a portion of the work to. The firm requested help in identifying a minority company and Bevlar is in the process of providing a solution. A minority firm has been identified and will be introduced to the parties needing to be at the table to formulate a workable relationship between Ferguson and the minority firm. The minority firm has certain issues that must be addressed in order for it to participate effectively on the project. This contractor has met all of its requirements. CONCLUSION Overall, the minority and women workforce goals are being achieved. However, more assistance is needed in the area of MM/BE participation. Bevlar will continue to monitor the contractors for compliance and assist in making recommendations. Work on Phase II of the E -Rate project is scheduled to begin during the month of April. Our future reports will reflect the progress of both phases. REFERRED To THE MINORITY BUSINEE ENTERPRISE COMMITTEE NO. 65 J. ARMBRUSTER- CONCERNS LAIDLAW FACILITY & VAR TRAFFIC SIGNALS WALDEN AVE AND WOOD AVE Please file the enclosed correspondence for discussion at the next Common Council Meeting on 4/16/2002. Dear Councilman Fontana, I reside at 17 Saint Mary's Road in the Lovejoy district. I spoke with you several years ago about the problems with Laidlaw buses using our street as an access route to their Walden Ave facility. You provided me with a copy of a letter instructing Laidlaw not to use our street unless it was to pickup or drop off students. I recently had a few days off from work & witnessed several buses using our street. I did not see a single bus pickup or discharge passengers. The majority of the damage -to the grass median on our street is being caused by these buses trying to avoid parked cars. Also, many Laidlaw employees park along our street because of the difficulty of getting in & out of the parking lot ... & several of them drive across the median to head their vehicle in the opposite direction, rather than driving to the provided turning areas. I'd appreciate it if you could look into this matter & remind Laidlaw of your previous letter. Also, I was wondering if you could look into possibly changing the traffic signal at the intersection of Walden Ave & Saint Mary's Rd to a fully functional signal rather than one that flashes. Everyday there are literally 1 00's of vehicles entering & exiting the Laidlaw facility, not to mention patrons of the carwash & Lays potato chip warehouse also located on the property. I think this change would do a lot to reduce the traffic congestion that occurs in the mornings & afternoons. This signal could be timed appropriately & programmed to go into flash mode in off peak hours. Speaking of traffic signals ... there is a fully functional signal at the intersection of Walden Ave & Wood Ave. This intersection is two blocks to the west of Saint Mary's Rd. Wood Ave, on the north side of Walden, is less than a block long & is a dead end, on the south side of Walden, it runs approximately one block to West Shore Dr. This street & very lightly traveled & I personally can't see what would justify a fully functioning signal at this location. I was told that this was done as a perk to a previous Councilman who lived on Wood Ave ... I have no idea if that is true or not. I would suggest that this signal be changed to flash or eliminated entirely. I hope that you will take my suggestions under consideration. If you have any questions, feel free to e-mail me or if you prefer, give me a call. My work number is 847 -3134 & my home number is 894 -5822. Thanks for your time. Sincerely, James M. Armbruster NYSDOT REFERRED TO THE COMMITTEE ON LEGISLATION THE COMMISSIONER OF PUBLIC WORKS AND LAIDLAW NO. 66 B. GRANT - CONCERNS DOG PROBLEMS -504 NORFOLK Dear Mr. Michaux III: Please file the enclosed correspondence with the Buffalo Common Council for the next full council meeting to be held Tuesday, April 16, 2002. Thank you for your attention to this matter. If you have any questions, please feel free to contact my office. To: Whom it may concern Re: unleashed dogs Date: April 8, 2002 From: Mia Shelton 495 Norfolk Avenue Buffalo N.Y. 14215 (716) 837 -8383 I'm writing in regards to a problem I've been having on my street for over two years. At first I kept talking to the owners of the dogs every time the dogs got out and nothing was ever done. I called animal control a couple of times last summer and still nothing was done. I called the police on February 16, 2002 because the dogs were out again but the police never came. An hour later the owner of the dogs arrived home and brought the dogs in the house. In early March the dogs chased my son back in the house on his way to school. That's when I called the citizen complaint line, Betty Jean Grant, and the police precinct to have this matter taken care of before someone is mauled to death out there. A lady name Kelly McCarthy called me back and said she would handle the situation. I guess it's still not being handled properly because April 6, 2002 the dogs were out again. I arrived home around 7:30pm to see two rottweillers and one pit bull running loose in the street. I got in the driveway of 504 Norfolk where the dogs live and blew my horn waiting for someone to come out. No one ever did so I went in the house to call the police. When I came back out the dogs had chased the lady from 494 Norfolk back in her car. Finally a girl came out of 504 Norfolk and called the dogs back in the house. I could see while I was in their driveway that they had broke out of the fence. Obviously they don't have the proper fencing to hold these dogs. Something needs to be done before someone is hurt or even killed out there. I called 911 around 7:40p.m. A car never came. Around 7:53 p.m. an animal control truck did show up and left in less than a minute. I'm not sure if nothing is being done because the owner of the dogs work for animal control. I do know this problem definitely needs to be addressed! The police and the city of Buffalo will be liable if something happens to any one out there because they have been well informed of the problem. Please contact me about this problem as soon as possible. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 67 L. JACKSON - KENSINGTON BAILEY AREA PLANNING COMMITTEE Dear Mr. Michaux III: Please file the enclosed correspondence with the Buffalo Common Council for the next full council meeting to be held Tuesday, April 16, 2002. Thank you for your attention to this matter. If you have any questions, please feel free to contact my office. Dear Ms. Krawczyk: Regarding your letter dated March 11, 2002, concerning the Department's decision not to renew its contract with Kensington - Bailey Area Planning Committee, Inc.; we also find the decision to be regrettable. It is, however, the determination of the Board of Directors that relocation of the Senior Services Program should be complete, with no hours of operation on Tuesdays and Thursdays at KBCC. There are other programs at the Center, and community groups, that win be utilizing the office currently occupied by the Senior Services staff. If after 4 months, you would like to resume your contract with us, we will make every attempt to accommodate the Senior Services Program. At this time, we are requesting that the staff remove all of the furniture, filing cabinets, etc. belonging to Senior Services, as well as turn 'in their office keys, when they make the transition on March 28, 2002. In addition, effective Monday, April 1, 2002, the name(s) on the cellular service phone contract will be representative of the Senior Services Program. We are happy to inform you that attendance *in the Nutrition Program has increased in recent weeks. We regret any inconvenience this may cause you or the Senior Services staff. Please feel free to contact me if you have any concerns or questions. REFERRED TO THE COMMITTEE ON FINACNCE THE COMMISSIONER OF COMMUNITY SERVICES NO. 68 B. GRANT - ILLEGAL FLYER 99 CUSTER Dear Mr. & Mrs. Jacob: I have enclosed a flyer that was posted on numerous utility poles in the University District. Not only are the flyers insulting, unsightly, and offensive, they are illegal. There is an ordinance that specifically prohibits this sort of advertising. Your address is listed as where the "Party for all ages7' was held. In these days of youth that are underage dying after attending affairs such as these, you may want to monitor your property more closely. I will be sending an inspector out to 99 Custer as well as sending a copy of this flyer to law enforcement agencies. I await your phone call. REFERRED TO THE COMMITTEE ON LEGISIATION, THE CORPORATION COUNSEL AND THE COMMISSIONER OF POLICE NO. 69 D. MALONE- ROOSEVELT PARK STEERING COMM Please late file the enclosed correspondence or Tuesday, April 16, 2002, Full Council Meeting. Thank you for your attention to this matter, if you have any questions, please feel free to contact my office. Sincerely, Dear Mr. Giambra and Staff, Thank you for meeting with us on March 26th. I certainly enjoyed having the opportunity to meet 44you. I'm writing to confirm the meeting discussion we had at Councilperson Grant's office. We have a commitment from yow- office that the Toilet facilities will be restored this year along with all the doors, locks and room /facia. Your office understood that to bring in money to continue the Parks upkeep we discussed having the kitchen facilities. You were planning on vying to get that done within your budget W this year but you were going to have someone confirm the site cost and conditions before committing to that. In the meeting it was brought up by your staff that the only money spent in the park for 20 years has been for Mr. Wilson's Football league and Bob Evans sports camp (that never came to be) and that neither of these individuals have anything more than mailing addresses in the City of Buffalo. This type of individual spending has not and is not benefiting the community. The Community has had the clean up program which the former Parks Deputy Commissioner came out to in 2000 and started this committee. The Community puts up with the bad behavior of the people: the City gives permits to. 'Ibis group will be responsible for Roosevelt Park being self sufficient. We came up with a way, by including the kitchen to fund the Park. We have teen patient with the City response to our request; but this is not the time -to back down. Ibis year it should be someone else that will wait another yew. We need that Kitchen facility in place this year and I thank you ft vying to make that happen Thank you for your commitment to Roosevelt Park and working with the steering committee. Yom office /employees direction and opinions were certainly valuable. Looking forward to additional thoughts on the topics we discussed to be fruitful on Sat April 20d, 2002 at Roosevelt Park at the meeting with Mr. Nowicki. I hope we will have other opportunities to mod again and talk. REFERRD TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS NO. 70 D. MOODY - CONCERNS - LISBON AVE Please file the enclosed correspondence with the Buffalo Common Council for the next full council meeting to be held Tuesday, April 16, 2002. Thank you for your attention to this matter. If you have any questions, please feel free to contact my office. Sincerely, attached REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF POLICE, THE CORPORATION COUNSEL AND THE COMMISSIONER OF PERMITS NO. 71 T. HIGGINS- RESIGNATION MEMBER —COMM ON CITIZENS RIGHTS & COMMUNITY RELATIONS I regret to inform you, that due to my wife Shirley's poor health, I must resign my position as a member of the Commission on citizen's Right's and Community Relations. This letter is not something that I looked forward to sending, since I enjoyed working on the commission with a great group of dedicated people. When you asked me to serve on the board I felt honored by the confidence that you placed in me, and now, I feel like I am letting you down. When Shirley's health improves and I have more time I would be happy to serve you and the City in any capacity that you deem necessary. I wish you and your family Gods Blessing, and the best of health and happiness. RECEIVED AND FILED NO. 72 J. MORRIS & O- OPPOSE ROTATING CLOSURE OF FIREHOUSES /ONE MAN PATROL CARS We strongly oppose the proposed rotating closure of firehouses, and the adoption of one -man police patrol cars - both of which put lives unnecessarily at risk. Any savings realized by these measures will be more than offset by such increased risk, and by the decrease in the ability of firefighters and police to successfully confront, control and defuse dangerous situations. Drastic reductions in police manpower at the precinct level have already extended response times for all but the most serious incidents, and predators are well aware of this. The one -man car will only embolden those engaged in drug activity, robbery, property crimes, and prostitution. It will also encourage those responsible for quality -of -life incidents to act with impunity. We are genuinely afraid for our neighbors, and our neighborhoods, if this proposal is adopted. The organizations endorsing this proposal will continue to research, develop and present proposals and position papers that address our communities' concerns. priorities and aspirations. For additional information, please contact any of the individuals named below. The Newburgh Coalition, Iron Island Preservation Society of Lovejoy, Inc. Eastside Pride and Community Action organizations are requesting that the attached be put on the agenda for the next Common Council meeting. The full Council meeting will be held Tuesday, April 16, 2002. Please feel free to contact us with any questions at 892 - 3084/897 -4522. RECEIVED AND FILED NO. 73 I. MORRIS & O- PROPOSAL FOR REORGANIZATION OF BUFFALO COMMON COUNCIL As long -time activists and advocates for embattled East Side communities, The Newburgh Coalition, The Iron Island Preservation Society of Lovejoy, Eastside PRIDE, and Community Action have a common interest in civic reforms that will halt and reverse our city's decline. We believe that a necessary first step is to reorganize the Common Council. Toward that end, we have designed the following proposal, which we request be presented to the Common Council, and to the Reorganization Committee. We propose that, A) the Common Council be reduced from 13 to 7 seats: 5 District Council seats and 2 At- Large; B) that the Council President's position be restructured, by reducing the President's remuneration with respect to the rest of the Council from 53.8% more to 15% more, and by eliminating one of four full -time staff positions; and C) that Council members not be paid extra stipends for heading committees. Reducing the Common Council as we propose would save the city $4.8 million dollars over 5 years. The restructuring of the Council President's position would save an additional $255,000 over 5 years. In addition to recouping the cost of stipends, the city would realize a reduction in travel expenses and parking fees, office space and supplies, utilities and incidental expenses. These savings should be redirected toward fire and police protection and other necessary services that directly benefit Buffalo residents. Further, we advocate five new Council Districts that would mirror Buffalo's existing Police Districts, eliminating the risk of further gerrymandering of neighborhoods. We urge that any plan retain at least two At -Large seats. Many of us have not received adequate support from our District Council members, and have had to turn to our At -Large members for assistance with urgent community issues. Our research shows that more successful cities have structured or restructured their Councils along these lines. For example, Rochester - with a population of 220,000 - has nine part -time Council members, five of whom are At- Large. Each member has one part -time staff person. Many of these cities also schedule their regular Council meetings in the evening, to facilitate public participation. We strongly suggest that Buffalo follow suit, to make meetings convenient for working people to attend. Further, we urge that the archaic practice of "featherbedding" family, friends, and ex- office holders in city jobs be eliminated. A city contemplating cuts in basic services cannot afford to maintain this vestige of old -time machine politics. If cuts must be made, cut fat - not muscle. We advance this proposal with the conviction that it is possible to reduce Buffalo's budget gap without depriving its citizens of an acceptable level of protection and quality of life. We believe that our proposal for reorganization of the Common Council offers a realistic and workable solution to two of the city's most urgent dilemmas. It is, however, only the first step in what will necessarily be a prolonged and difficult process - getting Buffalo back on track. The organizations endorsing this proposal will continue to research, develop and present proposals and position papers that address our communities' concerns, priorities and aspirations. REFERRED TO THE SPECIAL COMMITTEE ON REAPPORTIONMENT NO. 74 RESIGNATION CHAIRMAN APPRAISAL REVIEW BOARD Effective today I am resigning from my position as Chairman of the Appraisal Review Board. As you know my firm is very active in development projects throughout the City. For this reason I am stepping off the board to prevent any appearance of conflict in my representation of private interests doing business with your administration. RECEIVED AND FILED NO.75 MARCON ERECTORS SITE SITE #915173 RECORD OF DECISION MARCH 2002 Introdution The New York State Department of Environmental Conversation (NYSDEC), in cooperation with the New York State Department of Health (NYSDOH) is pleased to inform you that remediation of hazardous waste at the Marcon Erectors site located at 1 Howell Street, in the City of Buffalo, New York is complete and that a remedy has been selected. This remedy is described in a document called a Record of Decision (ROD). The ROD selects "No Further Action" since the hazardous waste was removed in work performed by NYSDEC in 2001. Background The property was the American Buffalo Robe Factory in the late 1800's into the early 1900's. In the early 1900's, until the 1970's the facility distributed gasoline and petroleum products. From this period until 1982 the facility housed a roofing contractor and finally through to the present the site has been Marcon Erectors, a re- manufacturer of industrial and commercial window and doors. Petroleum handling operations at the site resulted in residual sludge which remained in three aboveground storage tanks (AST). When the sludge was tested it was found to contained PCBs. In January 2001, NYSDEC completed a removal action that included the proper disposal of PCB contaminate sludge and the excavation and disposal of PCB contaminated soil. In the summer f 2001, NYSDEC conducted additional sampling which determined that PCB contamination had not impacted the surrounding area or the groundwater at the Marcon Erectors Site. The Department has determined that the clean up has addressed the environmental and human health impact issues resulting from hazardous PCB contamination at the site. To document this conclusion and explain in more detail the events leading to this conclusion, the NYSDEC issued a Proposed Remedial Action Plan (PRAP) in February 2002 which proposed that no further action was needed at the site. This conclusion was reached because the hazardous PCB waste has been removed and studies of the groundwater and area soils has shown that PCBs are not present at the site. However, petroleum contamination both on and off the site has been documented. The mere presence of petroleum products does not constitute a "hazardous waste" as defined by New York State regulations. In accordance with New York State Regulations and NYSDEC policy, the site has been referred to the Bureau of Spills Prevention and Response (Spills Unit) for further assessment, Public input and community acceptance is important to the Department. To achieve this goal and according to State regulations, a Public Meeting was held on March 16, 2002 to review the remedial efforts, present the Proposed Remedial Action Plan, and obtain comments about the proposed plan. After all public comments were considered, a Responsiveness Summary was prepared to describe the State's answers and to address any remarks received during the meeting or comment period. The Department did not receive any new or additional information during the comment period or at the public meeting that would change the No Further Action proposal. Therefore, the Plan has been documented by the State Record of Decision (ROD) dated March 2002. The Department maintains a Registry of sites where hazardous waste disposal has occurred. This site is currently listed in the Registry because of the former presence of PCB containing hazardous wastes. Because of the removal action, the site no longer contains hazardous waste. Therefore, the NYSDE:C is anticipating removal of the Marcon Erectors Site from the Registry of Inactive Hazardous Waste Sites pending citizen input and participation. In the future, although the site may be removed from the Registry, the Spills Unit will continue to list the site on their database. This will inform potential purchasers of the property of any petroleum related problems as long as they exist at the site. Because the contact list used for this mailing was developed from the phone directory, the Department urges you to share this Fact Sheet with you neighbors who may not have telephones or who have unlisted numbers. In addition, if you would like more information about this project, you are invited to review site related documents, by appointment only, at our Buffalo Office, 270 Michigan Avenue, Buffalo, N.Y. For an appointment to review documents, or if you have any questions or concerns regarding the remediation or other environmental aspects of the site, please contact Mr. Maurice Moore at (716) 851 -7220; or call, toll free, 1- 800 - 342 -9296 and leaving your name, address and request. For health related concerns regarding this feel free to contact the New York State Department of Health's Mr. Cameron O'Connor, Public Specialist, at (716) 847 -4385, RECEIVED AND FILED NO. 76 HAZARDOUS WASTE DISPOSAL SITE 858 EAST FERRY STREET State Investigates Extent of Contamination Near the 858 East Ferry Street Hazardous Waste Disposal Site (# 9 -15 -176) The vacant lot located at 858 East Ferry Street, in the City of Buffalo, was the subject of a 1997 -98 Brownfield investigation by the City. That investigation found a layer of contaminated white ash. The ash was determined to b hazardous waste due to high concentrations of lead. 'This layer of ash was found buried just beneath the surface, in the western and central portions the property. In 1999, the NYSDEC issued a Record of Decision which chose a remedy consisting of the removal of the contaminated ash to an approve landfill, covering the site with clean soil, and placing deed restrictions on the property to allow only commercial or industrial development. Before implementing the remedy, it was necessary to investigate the neighboring property to the west to determine the extent of the contaminate ash. The neighboring property, currently occupied by the TNT Auto used c lot, was once the site of the Heymann lead smelting facility. It is suspected that the smelting facility was the likely source of the hazardous waste and that more of the ash would be found buried there. In August 2001, the NYSDEC collected samples of soil and ash material from the TNT Auto lot and other properties located further West. The test results for the samples collected are detailed in a February 2002 report and outlined in this Update. A total of 28 test pits were dug across the TNT Auto lot and properties to the west of the used car lot, on the opposite side of Dutton Avenue. In 10 other locations, in paved parking areas where a test pit would have been disruptive, soil borings were completed. A total of 138 samples of soil and fill were tested for metal contamination. The test pits and borings showed that the TNT Auto property has undergone extensive land filling over the years, in some places the current ground surface is up to twelve feet higher than what existed when Scajaquada Creek passed through the area as an open stream. In the 1920's the creek was enclosed in a concrete tunnel which runs east to west through the middle of the TNT property. Much of the landfilling apparently occurred on the north side of this tunnel. The August 2001 investigation found that the volume of hazardous waste ash is significantly larger than expected, extending westward from the 858 East Ferry Street site beneath the northern half of the TNT Auto property and to the properties further west. The lead smelting facility which once existed on the TNT Auto property was evidently built over the top of a pre- existing deposit of ash, presumably from municipal incinerator. A fence was erected across the front of the 858 East Ferry site last year. In addition, existing fences limit access to the other areas of concern. A copy of the site investigation report is available for your inspection at the public repositories listed below. The NYSDEC's 1999 Record of Decision for the 858 East Ferry Street site called for the excavation and off -site disposal of the lead- contaminated hazardous waste, at a cost of approximately $1.3 million. The recent investigation has determined that the volume of hazardous waste is much larger than previously suspected. Given the larger volume of hazardous waste present, the NYSDEC believes that a re- evaluation of cleanup alternatives is warranted, for addressing the 858 East Ferry Street site and the off -site areas. However, a detailed engineering analysis of remedial alternatives will not be possible until such time as State Superfund resources become available. In the meantime, the Buffalo office of the NYSDEC will be securing the funds needed for a limited amount of additional testing of properties located west of the 858 East Ferry Street site. NYSDEC will continue to issue fact sheets like these as work proceeds later this year. The NYSDEC has placed site documents for you to read, in the locations listed below. NYSDEC's Buffalo Office 270 Michigan Avenue Buffalo, N.Y. call (7,16) 851 -7220 for an appointment East Delevan Branch Library 1187 East Delevan Buffalo, New York REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 77 CONCERN HEALTH INSURANCE Again this year HMO's have increased their premiums. Most employers offer group coverage under either a single or family plan. That's fine if you are either single or have children. However, there is another group of subscribers, which is the two - person family. Most HMO's do have a "tier" that covers "subscriber plus one other" at a cost that is comparable to two "single" rates, which is about one -third less than the "family" rate. This two - person coverage covers the single parent with one child or an employee and his /her spouse with no children or grown children. My husband and I have never had children. Yet throughout our marriage he has had to be covered under the family plan at a cost of one -third more than the cost of subscriber plus one other, which has been as much as $1700. 00 per year more. My husband's employer, who does pay a big part of the premium, checked into this " "tier" only to be informed that if they carried this coverage, it would greatly increase their family rate. Why should that be? A single person is not penalized by paying for anyone but himself, and a family is not expected to pay for another family's coverage. Why, then, should a childless couple be forced to subsidize other people's children's health coverage expenses? In the case of the older employee whose children are grown and must now carry their own coverage, HMO's are, in fact, reaping double coverage premiums as these parents must still pay for family coverage. To me, this is nothing short of blatant discrimination against the two - person family. I strongly feel it should be mandated that even, HMO and employer (who does offer any coverage) must offer the three tiers without inflating any tier unfairly. By adding this tier it would re g atly decrease the expenses that cities, towns, counties and states, as well as all businesses that provide coverage for their employees, now incur. f am hoping that you will read this at a council meeting and that the members will help put a stop to this unfair practice by petitioning our lawmakers to mandate the three tiers of coverage. The city could save a lot of money and ease our budget crunch too. I thank you for your time. REFERRED TO THE SPECIAL COMMITTE ON HEALTH CARE TASK FORCE No. 78 Info- Dominion Telecom Inc Req temp auth Operate Telergy Telecom Network in COB As you know, Dominion Telecom, Inc. ( "Dominion ") is bidding on certain assets held by the bankruptcy estate of Telergy, including telecommunications infrastructure within the City of Buffalo operated pursuant to a "Right of Way Franchise Agreement" ( "Agreement ") dated August 10, 1999. In the event that Dominion is the successful bidder, I am writing, on behalf of Dominion, to request temporary authority to operate Telergy's existing telecommunications network within the City of Buffalo ( "City ") under the terms of the Agreement until such time as the Agreement is assigned to Dominion. Grant of temporary authority will permit Dominion to lawfully operate and provide the network during the pendency of the assignment process and will ensure that service to customers is neither disrupted nor delayed. For your information, Dominion is a Virginia Corporation that holds a Certificate of Public: Convenience and Necessity to operate as a facilities -based common carrier and reseller of telephone services, including local exchange services, from the State of New York Department of Public Service (Case No. 01 -C- 0721). Dominion also holds certificates of public convenience and necessity in eight other states, and has more than 4,000 route miles of lit network and has secured more than 14,000 total miles, which is currently under development. In certificating Dominion, the New York Public Service Commission determined that Dominion possesses the necessary financial, managerial and technical expertise to provide local exchange services and other telecommunications services throughout the State of New York. Dominion will be using the facilities in question to provide long haul, private line, point to -point optical bandwidth services (i.e., large capacity circuits typically used by competitive local exchange carriers, wireless companies, other carriers, and information service providers). Dominion intends to provide telecommunications services to primarily local and interexchange carriers, wireless, data, applications and Internet service providers and large and medium -sized business customers. Dominion recognizes that Common Council approval is necessary to assign the Agreement and agrees to take all reasonable steps to address any concerns of the Common Council. During the term of temporary authority, Dominion agrees to abide by the terms of the Agreement, and, without limitation to the following, Dominion agrees to indemnify the City and to hold it harmless from claims of injury to persons or damage to property occasioned by reason of any conduct by Dominion or its agents pursuant to the temporary authority. Dominion further agrees to obtain and maintain at all times during the term of temporary authority comprehensive general liability insurance for the benefit of the City by adding the City as an additional named insured under its public liability policy providing coverage's of at least $2 million aggregate /$1 million personal injury and $4 million excess aggregate /$4 million per occurrence. Once you have had the opportunity to review this request please call me at (202) 9559606 -to discuss how you would like us to proceed. REFERRED TO THE COMMITTEE ON TELECOMMUNICATIONS, TELECOMMUNICATIONS OFFICE AND CORPORATION COUNSEL NO. 79 Downtown Buffalo Public Parking The letter you received from Exchange Street Parking Associates, LLC dated March 19, 2002 has come to the attention of members of the Buffalo Civic Auto Ramps, Inc. Directors. The BCAR Board members feel it is important to address factual inaccuracies contained in that letter. Like most other cities, Buffalo has a downtown public parking program. Unlike most other cities, Buffalo does not subsidize its parking ramps or parking lots in the downtown area. The Buffalo program was developed approximately 50 years ago when DCAR was created by the private sector to work in partnership with the City government to build and operate City owned parking ramps in downtown. Private parking operators have co- existed with the public program throughout those 50 years and there is no reason to believe that co existence cannot continue. The City owned downtown parking ramps have been constructed, and in some cases renovated, with funds derived from the sale of City general obligation bonds. Not one dollar has ever come from the City General Fund to pay that bond debt or the operating expenses of these facilities. Parking revenues alone have been the source of payment of those obligations and the City General Fund has been the recipient of several million dollars over the past almost 50 years from excess revenues generated from parking fees in these facilities. The shuttle program, which is conducted through Buffalo Place, has been subsidized by the City the past few years. That program was established as a temporary measure to address the critical shortage of parking in the downtown core which the proposed expansion of the Augspurger Ramp and the Adam Ramp would alleviate. The City Ramps are substantially full every Monday through Friday and there are waiting lists for monthly parking in those facilities. The Convention Center is in dire need of additional parking convenient to that facility. It is losing trade shows and other business due to the lack of adequate available parking convenient to the Center. The downtown public parking program which has been conducted these past 50 years through the teamwork of the public and private sectors is based upon the realization that adequate and convenient parking at affordable rates is essential to economic development and vitality in downtown. Relatively inexpensive public parking is viewed as a service essential to a vibrant down -:own economy. Most cities, including Rochester and Syracuse, do subsidize their downtown public parking programs with substantial contributions from their General Fund. Buffalo does not.. A complete and accurate understanding of the public sector -- private sector partnership which operates Buffalo's downtown public parking program is essential to an informed analysis of the reasons behind the proposed expansion of the Augspurger and Adam Ramps. BCAR would welcome the opportunity to provide you and other Council members with more detailed information concerning the program and its objectives. RECEIVED AND FILED NO. 80 THE NEW POLITICAL UNIVERSE Please file these articles with the Council for discussion at the next Council Meeting. If you have any questions, please do not hesitate to contact my office at (716) 851 - 5145. COPY AVAILABLE IN THE CITY CLERKS OFFICE TO VIEW. RECEIVED ND FILED NO. 81 INFO NEIGHBORHOOD EMPOWERMENT Please file the enclosed document with the City Council for the next Council meeting, April 16, 2002. COPY AVAILABLE IN THE CITY CLERKS OFFICE TO VIEW. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 82 BUFFALO VETS LITTLE LEAGUE REQ COMPLETIOON OF WORK KEVIN ROBERSON PARK Please file the enclosed correspondence from the Buffalo Vets Football League for the next Common Council meeting on April 16, 2002. Thank you for your attention to this matter. If you have any questions or comments please do not hesitate to contact me at 851 -5145. The Buffalo Vets Little League Football Organization would like to thank you for the work that was started in October of 2001 in our home of Manhattan Park recently renamed Kevin Roberson Park. Unfortunately, the work that was started has not been completed. Our Park Oversight Committee would like to meet with you to discuss a timeline on the park renovations. We would also like Masten District Councilmember Antoine Thompson to attend this meeting. Our football season begins on July 15 of this year and we need the following repairs for a fruitful football season: The playing field refurbished and conversion of the playing field from 80 to 100 yards which would involve moving the East, West and North side of the fence. Relocation of the basketball court near the playground. Please contact either Ken Whigham at 866 -1789 or Greg Hughes at 832 -7223 for an available time. Once again thank you for your continued support to the organization and the 250 children we serve. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMIISSIONER OF PUBLIC WOKS NO. 83 BY LAWS IF COB URBAN RENEWAL AGENCY Please file the enclosed By -Laws of the City of Buffalo Urban Renewal Agency for the next Common Council meeting on April 16, 2002. Thank you for your attention to this matter. If you have any questions or comments please do not hesitate to contact me at 851 -5145. COPY AVAILABLE IN THE CITY CLERKS OFFICE TO READ RECEIVED AND FILED NO. 84 JEFFERSON COMMERCIAL STRIP Our meeting of last week was extremely significant. First, it allowed us to outline a Modest strategy for involving all the major stakeholders in and around the Jefferson commercial strip. Second, it reinforced and underscored the importance of community resources bolstering the efforts and plans initiated by our elected officials. The steps and projects that you have adopted to implement improvement in the Masten District have proven quite invigorating. They represent promise and a hope for a community that has seen little of either prior to you and your predecessor. Your unique experience and educational background gives you and edge in the area of community planning and business development. It is very refreshing to have a African American official come into the office with "skills" verses assuming that the position itself validates some inherent vocation. I spoke to Joe Giambra after our meeting and followed up with a letter outlining our initial October meeting request. I am waiting to receive a time line from his office that indicates the start date for the improvements or subsequent meetings. As a special note: I was informed at the last minute that my son was leaving for New York the day of the Rochester trip which made it impossible to leave the morning of. Nevertheless, please keep me informed if I could be of any assistance in advancing the plans and strategies that you envision for the Masten District. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS NO. 85 858 East Ferry Street, Site #915175 Buffalo (C), Eric County You may recall that last April 2001, the NYSDEC outlined its plans to investigate the extent of hazardous waste previously found buried beneath the vacant lot located at 858 East Ferry Street. In August 2001, soil and waste samples were collected from properties located immediately west of the subject site, focusing primarily on the lot owned by TNT Auto, located at 856 East Ferry. The findings of that investigation are in the enclosed report. A copy of the report has already been provided to the owner of the TNT Auto property, as well as the owners of the other properties sampled. The Investigation found that the Volume of ash, classified as hazardous waste, Is significantly larger than expected, extending westward from the 858 East Ferry Street site beneath the northern half of the TNT Auto property and to the properties further west. The lead smelting facility which once existed on the site of TNT Auto property was evidently built over the top of a pre- existing deposit of ash, presumably from a municipal incinerator. The NYSDEC's 1999 Record of Decision for the 858 East Ferry Street site called for the excavation and off -site disposal of the lead- contaminated hazardous waste, at a cost of $1.3) million. Given the larger volume of hazardous waste, the NYSDEC believes that re- evaluation of remedial alternatives is necessary, for addressing the hazardous waste in both the 858 East Ferry Street site and off -site areas. However, a detailed analysis of remedial alternatives and site remediation will delayed until such time as funding becomes available. In the meantime, the NYSDEC Region 9 office is attempting to Secure additional limited funds necessary for gathering supplemental information regarding the westward extent of the ash wastes. This office will keep you informed of the additional investigation work as we proceed. A fact sheet, outlining the results of the findings of the most recent investigation is expected to be distributed to the public shortly. If you have any questions, please call me at (716) 85 1 -7220. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 86 M LEE INNER CITY FOOTBALL LEAUE My name is Myrlene Lee and I am writing you on the behalf of Inner City Football League. Inner City Little Loop Football League, a non - profit organization, run wholly by volunteer parents and dedicated others who commit numerous hours during the (off- season) December through June and (in- season) months of July to November, is headed by Erie County Junior Football League (ECJFL). Inner City Little Loop Football League has been nurturing and teaching inner -city kid's sportsmanship through team sports since 1992. We are striving to "Make a Difference" in our communities by promoting and sponsoring little loop football and cheerleading for youths ages 6 through 15. We try to encourage sportsmanship as well as physical fitness, build character and offer an alternative to the streets. My organization is scheduled to have a field house built at Glenny Park commencing in May 2002. After the snowstorm of December 2001, Glenny Park was used for snow storage. I haven't seen any other park where football is played being used as a snow storage area. As of today, only half of the snow has melted. Once the snow melts, I'm sure that extensive damage has been done to the field, At this rate it will be May or June before the snow melts and I'm afraid that the field won't be ready for the children in July. I spoke to Ron Imprick, who is our manager for this project and there is nothing that he can do. It is my understanding that there is FEMA aid available to help with the cost of repairing damages caused by the storm in public parks. I'm hoping that you can take a ride to Glenny Park located on Fillmore Avenue and see for yourself this horrific sight. Mayor, please help me and my staff rectify this problem so that we can continue to help the youth of the City of Buffalo. I may be reached at 893 -0782. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE DIRECTOR OF STRATEGIC PLANNING AND THE COMPTROLLER NO. 87 735 HUMBOLDT PARKWAY MASTEN CAO BUILDING This office has looked into the possibility of a $500,000 capital budget amendment to do the necessary lead and asbestos abatement, and other improvements necessary to reopen the Masten CA building at 735 Humboldt. Community Services Commissioner Donald Allen has advised me that all of the programs that were housed at 735 Humboldt have been successfully relocated to other facilities, and that the relocations can be permanent. He does not see any need to reopen 735 Humboldt. In addition, Administration and Finance Commissioner, Eva Hassett, has indicated that the Comptroller's office is reporting that the City's debt contracting margin may be in the negative, indicating that we may be over our constitutional limit. We, therefore, have almost no ability to issue any further debt at this point Based on both Commissioner's opinions, I cannot recommend the investment of $500,000 into the building, and I will suggest that the building be offered for public sale. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMPTROLLER AND THE CORPORATION COUNSEL NO. 88 CONCERN BROADWAY GARAGE On 4/9/02 at approximately 1:00 am several pieces of wood fell from the ceiling of the Broadway Garage. The wood ranged in lengths from 3 to 5 feet; there were also nails in them. Fortunately, no one was injured because all our employees assigned to the night shift were on the road. On 4/9/02 it was raining, lately every time it rains part of the roof falls in. This is the second occurrence of wood falling from the ceiling within the past month. AFSCME Local 264 does realize that New York State Dept of Labor has written up the roof. We are also aware that the City has been given an extension on the repair or replacement of the roof. Our concern is that due to the winter storm in December of 2001, the structure of the roof has further deteriorated. We feel the roof needs to be re- inspected and it's safety reevaluated. It appears we are playing Russian roulette with the safety of our members and any individual who enters the Broadway Garage AFSCME Local 264 is requesting that New York State, Department of Labor, Health and Safety office visit the Broadway Garage again and evaluate the roof in the immediate future. Please advise as to this request. REFERRED TO THE COMMITTEE ON BUDGET AND THE COMMISSIONER OF PUBLIC WORKS NO. 89 CONCERNS EMPLOYMENT STATUS DISPATCHER (WATER) I am writing in regard to my employment status with the City of Buffalo's Water Department. Due to recent information given to me by supervisor, regarding my employment as Dispatcher, I have reason to believe that I may be terminated. I am contacting you not only as my Councilmember, but, as the Chair of the Council's Civil Service Committee. Enclosed you will find a Memo from Joseph N. Giambra, Commissioner of Public Works, to the Civil Service Commission, Stating that I need to be terminated. Unfortunately, I have not been officially contacted about this by anyone. All I am aware of at this time is the memo. I have every reason to be concerned about this situation and am requesting a meeting with you at your office to discuss it further. Additionally, I would like to appear before the Civil Service Committee so I can address the Committee, as well as the Civil Service Commission, Thank you very much for your time and I await a call from your office regarding the appointment with you. REFERRED TO THE COMMITTEE ON CIVIL SERVICE PETITIONS No. 90 C. CHENG, OWNER, USE 217 NORTH STREET - CHANGE OF USE FOR RESTAURANT. (HRG. 4/23) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. No. 91 D. SCHEID, AGENT, USE 660 OHIO FOR FILLING BUILDING FOR ADHESIVES W /BULK STORAGE FACILITY. (HRG. 4/23) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. No. 92 R. ALLOY JR., USE 300 ELMWOOD FOR EXPANSION /ADDITION TO BUSINESS. (HRG. 4/23) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. Regular Committees Civil Service (Marc A. Coppola, Chairperson) No. 93 Appointment Typist (Max) (Law) (Item No. 53- C.C.P. Apr. 2, 2002) That Communication 53, Apr. 2, 2002 be received and filed and the temporary appointment of Linda S. Kowalski stated above at the maximum salary of $26,505 effective on July 23, 2001 is hereby approved. PASSED AYES -13- NOES -0 No. 94 Notices of Appts. -Temp. /Prov. /Penn. (C. Clk.) (CCP #62 -Apr. 2, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 95 C. Fisher -M. Keane -# of Fire Dept. Members Who Live Outside City (CCP #68 -Apr. 2, 02) That the above item be and the same hereby is received and filed. ADOPTED Finance (Betty Jean Grant, Chairperson) NO. 96 R. LoTempio- Update City Debt Figures Discussed at 1/10 Budget Mtg (CCP #86 -Jan. 22, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 97 Addl. Info -Fed. Financial Assistance (Compt.) (CCP #17 -Mar. 5,02) That the above item be and the same hereby is received and filed. ADOPTED No. 98 Report of Bids - Street Tree Planting - Spring 2002 Group #595 (Item No. 35, C.C.P., Apr. 2, 2001) That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Street Tree Planting - Spring 2002, Group #595, to Gleason's Nursery, Inc., the lowest responsible bidder, in the amount of $58,533.20 ($53,212.00 Base Bid + $5,321.20 10% unit price increase = Total Award $58,533.20). Funds for the project are available in Capital Project Account #35310106 - 445100. Passed. AYES -13- NOES -0 No. 99 C. Fisher -Rev. W. Wilson -Req. Takeover -JFK Ctr. Operations /Prog. (CCP #76 -Nov. 13, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 100 C. Fisher -Rev. W. Wilson -Req. Takeover -JFK Ctr. Oper. /Prog. (PW) (CCP #15 -Nov. 27, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 101 Lease - Space at Sheehan Memorial Hosp. (Item No. 12, C.C.P., Apr. 2, 2002) Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 102 Renew Lease - Fruitbelt Homeowners & Tenants Council, Inc. - 326 -328 High Street (Item No. 13, C. C.P., Apr. 2, 2002) Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 103 Audited Fin. State. -Bflo. Water Bd. Yrs. Ended 6/30/01 & 2000 -Ind. Aud. (Compt.) (CCP #18 -Mar. 5,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 104 Audited Fin. State. -Bflo. Mun. Finance Auth. -Yrs. Ended 6/30/01 & 2000, etc. (Compt.) (CCP #20 -Mar. 5, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 105 Audited Fin. State. -Bflo. Water Bd. & Bflo. Mun. Water Fin. Auth. (PW) (CCP #3 I -Apr. 2, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 106 Follow Up on Permits & Licenses Audit (Compt.) (CCP #22 -Mar. 5,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 107 Follow Up on Permits & Licenses Audit (Permits /Insp.) (CCP #57 -Mar. 19,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 108 Rpt. Of Audit -Fire DePt.- Payments Pursuant to Gen. Mun. Law 207 -a(2) (Compt.) (CCP #23 -Mar. 5, 02) That the above item be and the same hereby is received and filed - ADOPTED NO. 109 Review /Resp. -Rept. Of Audit -Fire Pyrnts. To Gen. Mun. Law 207 -a(2) (HR) (CCP #65 -Mar. 19,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 110 P. Hotung - Req. City of Buffalo Purchase Main Place Parking Facility (Item No. 74, C.C.P., Apr. 2, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 111 L. Jackson -Req. Minutes - Kensington Bailey Area Planning Comm. ( #56,11/27) (CCP #94 -Dec. 26, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 112 Response Inq. Masten Pk. Field House (PW) ( #93,12/26)( #53,10/30), (CCP #58 -Jan. 8, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 113 Use of 3300 Bailey Ave. - Satellite COP Station /Sts. Safety Bldg. (Strat. Plan.) (CCP #22 -Apr. 2, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 114 Use of 3300 Bailey Ave. - Satellite COP Site (Assess /Tax) (CCP #30 -Apr. 2, 02) That the above item be and the same hereby is received and filed. ADOPTED Legislation (Richard A. Fontana, Chairman) NO. 115 J. Fritz, Jr., Petition to Use 2808 Bailey Avenue - Change Use to Add Used Car Sales (Item No. 86, C.C.P., Apr. 2, 2002) That after the public hearing before the Committee on Legislation on April 9, 2002, the petition of J. Fritz, Jr., owner, for permission to use 2808 Bailey Avenue for used car sales be, and hereby is approved with a five (5) car limit. Passed. AYES -13- NOES -0 NO. 116 M. Gademsky, Petition to use 478 Elmwood a /k /a 484 Elmwood to Remodel Existing Restaurant (Item No. 87, C.C.P., Apr. 2, 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 9, 2002, the petition of M. Gademsky, owner, for permission to use 478 Elmwood a /k/a 484 Elmwood Avenue to remodel the existing restaurant be, and hereby is approved. Passed. AYES -13- NOES -0 No. 117 S. Malliaris, Petition to Use 451 Elmwood Avenue - Patio (Item No. 88, C.C.P., Apr. 2, 2002) That after the public hearing before the Committee on Legislation on April 9, 2002, the petition of S. Malliarls, owner, for permission to use 451 Elmwood Avenue for a patio be, and hereby is approved with the following conditions: I . That the restaurant closes by 11:00p.m. during the week and 1:OOa.m, on the weekend. 2. That there be no music on the patio. 3. That there be no trash receptacles on the patio. Passed. AYES -13- NOES -0 NO. 118 A. Grisanti, Petition to Use 1792 Niagara Street aJk /a 1800 Niagara Street for a Commercial Day Care, etc. (Item No. 10 1 C. C. P., Mar. 19, 2002) That after the public hearing before the Committee on Legislation on TV11 arch 26, 2002, the petition of A. Grisanti, agent, for permission to use 1792 Niagara Street a /k/a 1800 Niagara Street for a commercial day care, offices and one (1) apartment be, and hereby is approved. Passed. AYES -13- NOES -0 NO. 119 G. Wooley, Petition to use 711 City Line - South Scrap Metal Staging Area (Item No. 113, C. C.P., July 24, 200 1) (Item No. 109, C.C.P., Jan. 22, 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 September 17, 200 1, the petition of G. Wooley, agent, for permission to use 711 City Line South for a Scrap Metal Staging Area be, and hereby is approved. Passed. AYES -13- NOES -0 No. 120 Appt.- Member - Emerg. Med. Svs. Bd. (Mayor) (CCP# I -Apr. 2, 02) That the above item be and the same hereby is referred to the Mayor. ADOPTED No. 121 Reappt.- Members -Bfio. Arts Comm. (Mayor) (CCP #2 -Apr. 2, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 122 Traffic Signal Warrant Studies - Kensington /Poultney & Jeff. /Dodge (PW) (CCP #37 -July 10, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 123 1 Rozanski & O -Supp. Main St. Be Designed as a Three -Lane Street (CC #89 -Apr. 2, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 124 Sidewalk Cafe - 236 Delaware Avenue (Item No. 4 8, C. C. P., Apr. 2, 2002) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Matthew Dole, owner of the Quote Bar., located at 236 Delaware Avenue, to install a sidewalk cafe, which would encroach city right -of -way at said address, subject to the following conditions: 1.That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 2.That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the sidewalk cafe does not exceed eighty feet (80') in length or extend more than ten feet (10') from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5.That the sidewalk cafe be completely removed from City right -of -way from November 15 to April I each year. 6.That the applicant be assessed the annual fee of one dollar and thirty cents ($1.30) per square foot of City right -of -way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7.That the applicant supply the Department of Public Works, Parks and Streets with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. 8. That the sidewalk caf6 close at 11:00 p.m. during the week and 1:00 a.m. on the weekend. 9. That there be no music on the sidewalk caf6. 10.That there be no trash receptacles on the sidewalk caf6. Passed. AYES -13- NOES -0 No. 125 Billiard Parlor - 655 Genesee Street (Item No. 3 8, C. C.P., Feb. 19, 2002) That pursuant to Chapter 92 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Billiard Parlor License to Lisa Hairston, d /b /a Genesee Billiard, located at 655 Genesee Street. Passed. AYES -13- NOES -0 No. 126 Used Car Dealer License - 360 Dingens (Item No. 56, C.C.P., Jan. 22, 2002) (Item No. 97, C. C.P., Feb. 19, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 127 Porter Avenue, Plymouth Avenue, Kleinhans Music Hall - Community Transit Sites (Item No. 3 1 C.C.P., Feb. 19, 2002) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to the Pennsylvania /Plymouth Revitalization Project (FIPRP) and the Symphony Circle Steering Committee (SCSC), to install three Community Transit Sites (Bus Shelters), which would encroach within City right -of -way at existing Niagara Frontier Transportation Authority bus stops, subject to the following conditions 1 That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 2. That the Community Transit Sites be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3.That the Community Transit Sites be installed a minimum of two feet (2') from the curbline. 4.That the main public sidewalk, a minimum of four feet (4) wide, be unaffected by installation. 5.That the applicant, PPRP and SCSC, provide the City of Buffalo with a written maintenance plan, with the establishment of an endowment fund for day -to -day and long term maintenance needs for all three sites, including removal of litter from the proposed planters. 6. That in the event the Commissioner of Public Works, Parks and Streets determines the encroachments must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City of Buffalo, said Commissioner may order the immediate removal of the encroachments as described in Chapter 413 -67(F) of the City Ordinances. Passed. AYES -13- NOES -0 No. 128 Symp. Circle Str. Comm. -Var. Encroach. - Porter, Penn., & Plymouth (Strat. PI.) (CCP #7 -Mar. 19, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 129 SEQR - Modern Group,LLC Permit Modification - 266 Hopkins Street (Item No. 56, C.C.P., Feb. 19, 2002) That the City of Buffalo does hereby act as SEQR Lead Agency for review of this permit application at 266 Hopkins Street. Passed. AYES -13- NOES -0 Community Development (Antoine M. Thompson, Chairman) NO. 130 Land Use Agreement- Landon /Jefferson /Riley Street (Hrg. 4/16) (CCP# 10 - 04/02/02) That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON COMMUNITY DEVELOPMENT. Antoine Thompson, Chairman 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 the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mrs. Martino , the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances — Maryann Demarco, BERC Mrs. LoTempio now moved that the hearing be closed. Seconded by Mrs. Martino CARRIED. Mr. Thompson Moved. WHEREAS, the Buffalo Urban Renewal Agency has duly designated ARP JEFFERSON AVENUE & RILEY STREET LLC and /or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required b— Section 507, Subdivision 2(d) of the "General Municipal Law" and WHEREAS, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency -, and NOW, THEREFORE, BE IT RESOLVED 1. That ARP Jefferson Avenue & Riley Street LLC and /or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for 1267,1269,1271,1277, 1285 Jefferson, 19,21,23,27,29,31,39 & 41 Landon, 350,352, 354, 358, 360,364, 366, 370, 372 & 382 Riley. 2. That the Mayor, the Chairman, Vice - Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement to ARP Jefferson Avenue & Riley Street LLC and /or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein PASSED AYES -13- NOES -0 NO. 131 Shift of Operation Into an Empire Zone NPC (Hrg. 4/16) (CCP4 163- 04/02/02) That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON COMMUNITY DEVELOPMENT. Antoine Thompson, Chairman 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. the item is properly On a motion by Mrs. LoTempio, seconded by Ms. Grant before the Common Council, and the hearing is opened. CARRIED. Appearances — Thomas Scofield, Attny N PC Mrs. LoTempio now moved that the hearing be closed. Seconded by Mrs. Grant CARRIED. Shift of Operation into an Empire Zone (Item No. 163, C.C.P., Apr. 2, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thompson Moved: That the City of Buffalo consents to the relocation of the Oden Corporation /Niagara Pump Corporation from the City of Buffalo to the Town of Tonawanda Empire Zone. PASSED AYES -13- NOES -0 NO. 132 J. LaFalce -Req. Examine Scope /Effectiveness of HUD Funding (CP) (CCP #31 -Sept. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 133 A. Thompson -HUD Funding (CCP #87 -Mar. 5,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 134 BURA /Consolidated Plan Process /Application (Strat. Plan) (CCP #5 -Nov. 27, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 135 BURA /Consolidated Plan Process /Application (Strat. Plan) (# 12,11 /1 23) (CCP# 118 -Feb. 5, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 136 FY2001 Consolidated Plan (Strat. PI.) (CCP #19 -Oct. 2, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 137 YEAR 27 -2001 CONSOLIDATED ACTION PLAN RESPONSE (STRAT PLAN) That the above item be and the same hereby is received and filed. ADOPTED NO. 138 Developable Land in the City of Buffalo (Item No. 171, C.C.P., Jan. 22, 2002) That the Office of Strategic Planning prepare a report that identifies areas for light industrial office park development within the City of Buffalo; and That the report include land currently available, land under consideration for development and all future plans for sparsely populated areas of our city; and That the report be filed with the City Clerk of the Common Council. Adopted. NO. 139 Identifying Areas for Light Industrial Office Park Development (Strat. Plan.) (CCP #10 -Feb. 5, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 140 Identifying Areas for Light Industrial Office Park Development (Strat. Plan.) (CCP #9 -Mar. 5, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 141 Env. Review Task Force: Progress Rpt. (Env. Mgmt.) (CCP #4 -Mar. 19, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 142 A. Thompson -NYS Dept. of Env. Cons. -NYS Toxic Release Inventory ( #73,2/19) (CCP# 119 -Mar. 5, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 143 Friends of Bflo. River - Sediment Remed. Proj. Public Outreach Campaign, etc. (CCP #66 -Mar. 5, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 144 Increasing Home Ownership Through Loan Guarantees (Item No. 134, C.C.P., Feb. 19, 2002) (Item No. 13 5 C. C.P., Mar. 19, 2002) Mr. Thompson moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 145 Increasing Home Ownership Through Loan Guarantees ( #8, 3/5) (St. Plan.) (CCP #136 -Mar. 19,02) Mr. Thompson moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 146 B. Grant -RFP -Sec. Floor Add. -E. Saunders Unity Bldg. -2777 Bailey (CCP #83 -Mar. 6,02) That the above item be and the same hereby is received and filed. ADOPTED Special Committees POLICE REORGANIZATION & OVERSIGHT COMMITTEE (Dominic J. Bonifacio, Jr., Chairman) NO. 147 M. Hernandez -Req, Neighborhood Part. Central Police Campus (CCP #94 -May 29, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 148 Feasibility Study -M. Hernendez -Req. Neigh. Part. (Pot) (CCP #66 -June 12, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 149 B. Grant -T. Francis - Incident - Dartmouth Ave.- 6/17/01 (CCP #78 -July 10, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 150 B. Grant, Unsafe Conditions -Elmer Avenue (CCP #66 -Sept. 18, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 151 B. Grant, Unsafe Conditions -Elmer Avenue (Pol.) (CCP #38 -Oct. 16, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 152 A. Thompson -B. Benson & O- Concerns -Ada Place (CCP #53 -Dec. 11, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 153 C. Fisher -P. Harris - Problems Wakefield & Holden Sts (CCP #75 -Jan. 22, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 154 C. Fisher -P. Harris - Problems Wakefield & Holden Sts. (Pol.) (CCP #34 -Feb. 5, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 166 C. Fisher - Wakefield Ave. Blk. Club -Req. Assist. Drug Prob. -Wake/ Hold. (CCP #62 -Feb. 5, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 156 C. Fisher - Wakefield Ave. Blk. Club -Req. Asst. -Drug Prob. -Wake/ Hold. (Pol) (CCP #33 -Feb. 19, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 157 C. Fisher -P. Harris - Problems - Wakefield /Holden Sts. (Permits /Insp.) (CCP #3 7 -Feb. 19, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 158 B. Grant -B. McGee - Incidents at Aldi's Store -Main St. (CCP #87 -Mar. 19, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 159 B. Grant -B. McGee - Incidents at Aldi's Store -Main St. (Pol) (CCP #5 I -Apr. 2, 02) That the above item be and the same hereby is received and filed. ADOPTED MINORITY BUSINESS ENTERPRISE COMMITTEE (CHARLEY H. FISHER, III, CHAIRMAN) NO. 160 A. THOMPSON -LEGAL NOTICES (CCP #96 -MAR. 19,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 161 D. FRANCIS -JT. SCH. CONST. BD. -A. THOMPSON -LEGAL ADS -PART. RATES (CCP #84 -MAR. 19,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 162 C. FISHER -R. RICHARDSON- SUMMARY- BERC'S SM. BUS. MATCH. INV. FUND (CCP #71 APR. 2, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 163 M. KNIBBS -BACK STOP - COMPLAINT -BERC LOANS -BIG VS. SM. BUS. (BERC) (CCP #68 -APR. 3, 02) That the above item be and the same hereby is received and filed. ADOPTED BUDGET COMMITTEE (ROSEMARIE LOTEMPIO, CHAIRPERSON) NO. 164 FIRE CO. ROTATION, RESP. TIME SURVEY /MANPOWER RPTS. -FEB. 2002, ETC. (FIRE) (CCP #41 -MAR. 19,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 165 FIRE CO. ROTATION -2/02 (CCP #42 -MAR. 19,02) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 166 BY. MESSERS. BONIFACIO AND ALL COUNCOLMEMBERS OPPOSE KALEIDA HEALTH'S DECISION TO CLOSE THE UPPER WEST SIDE FAMILY CENTER Whereas: Kaleida Health announced its decision to close the Upper West Side Family Center effective July 1, 2002; and Whereas: The Upper West Side Family Center serves thousands of West Side residents, many of which are poor and uninsured, and Whereas: Health clinics are affordable alternatives to hospitals and help save health care providers money by reducing the number of hospital visits -and costs associated; and Whereas- Kaleida Health intends to accommodate Upper West Side Family Center patients at the Niagara Family Health Center on Niagara Street, however most of these patients do not own cars and will be extremely inconvenienced by such a plan; and Whereas: Kaleida's decision to close the Upper West Side Family Centerwill have a detrimental effect on the accessibility and availability of health care for thousands of West Side residents, therefore alternatives to its closing must be discussed; and Whereas: The public should be entitled an opportunity to be heard before such a drastic decision be carried out; and Now, Therefore Be It Resolved: That the Common Council opposes Kaleida Health's decision to close the upper West Side Family Center; and Be It Further Resolved: That the Common Council meet with representatives of Kaleida Health management and the University at Buffalo's Department of Family Medicine to better understand Kaleida's decision and to discuss possible alternatives in the best interest of health care and service- and Be It Further Resolved. That copies of this resolution be sent to both the Erie County and New York State Departments of Health; and Be It Finally Resolved: That the Common Council shall conduct a public meeting in the community to hear the concerns of those most affected. REFERRED TO THE HEALTH CARE TASK FORCE, KALEIDA AND UNIVERSITY OF BUFFALO NO. 167 BY: MR. BONIFACIO PERMISSION TO HANG BANNER ON NIAGARA STREET Whereas: Holy Angels Parish is sponsoring its annual "Tombola" on July 19, 2002 through July 21, 2002; and Whereas: To commemorate this very popular event, Holy Angels requests permission to hang a banner across Niagara Street between Perla- Prospect Park and Columbus Park during the third week of June through the fourth week of July; and Now, Therefore Be It Resolved: That the Common Council shall authorize the City of Buffalo to permit Holy Angels Parish to hang a banner on City of Buffalo light poles on Niagara Street between Perla- Prospect Park and Columbus Park in compliance with all conditions set forth by the Department of Public Works and the City of Buffalo. PASSED AYES -13 NOES -0 NO. 168 BY: MR. COPPOLA AND MR. FONTANA RESUME CITY OF BUFFALO ADJUDICATION OF TRAFFIC VIOLATIONS Whereas: Since the early 1900's motor vehicle traffic offenses in New York State have been handled by local jurisdictions through the State Unified Court System; and Whereas: This tradition was broken in 1970 when the State set up an Administrative: Adjudication of Traffic Violations Program under the NYS Department of Motor Vehicles (DMV) to handle traffic violations in New York City; and Whereas: The success of the program in New York City led to its expansion to Rochester, Buffalo and the Western portion of Suffolk County in 1973; and Whereas: In 1998, a report of audit was filed by the Buffalo Comptroller (C.C.P. #28, July 21, 1998) with a cover letter that recommended severing the City of Buffalo's "relationship with the DMV" and resuming "handling the adjudication of traffic offenses in -house with either the Division of Administration and /or the Division of Parking Enforcement assuming the function "; and Whereas: This proposal was referred to the Finance Committee, the Corporation Counsel and the Commissioner of Administration and Finance, but reportedly lost momentum when State DMV officials refused to help refine the proposal by supplying accurate, reconciled financial figures; and Whereas: It was alleged at the time that the DMV was charging high administrative costs to the City for a function that could remain in -house if the City were to take over the adjudication of traffic violations in City Divisions that were already operating efficiently; and Whereas: In addition, it was found that New York State keeps the funds generated b, the y Program in an interest bearing account, pays no interest to the City, and keeps the City's share of the revenues for an inordinately long time; and Whereas: In a time of severe financial crisis for Buffalo, it is imperative that the initiative to resume traffic violation adjudication by the City be reviewed for its merits and potential benefits, and acted on with all due speed if it proves feasible; Now, Therefore, Be It Resolved That: This Common Council requests the Commissioner of Administration and Finance and the Corporation Counsel to renew their efforts to quickly find the data necessary to come to a decision on resuming traffic violation adjudication by the City of Buffalo; and Be It Further Resolved That: This Council requests Governor Pataki and Raymond Martinez, the NYS Commissioner of Motor Vehicles, to direct DMV officials to contact Corporation Counsel Michael Risman as soon as possible to cooperate in helping the City study this issue: and Be It Finally Resolved That: The City Clerk be directed to send certified copies of this resolution to Governor Pataki, to Commissioner Martinez, to Assembly Speaker Sheldon Silver, to the Clerk of the Assembly, to Senate Majority Leader Joseph Bruno, to the Secretary of the Senate and to the members of the Western New York Legislative delegation. ADOPT LAST TWO RESOLVES THE REMAINDER TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 169 BY: MR. COPPOLA AND MRS. LOTEMPIO ORDINANCE AMENDMENT CHAPTER 309 - PARKS AND OTHER OPEN SPACES The Common Council of the City of Buffalo does hereby ordain as follows: That Section 309 -28 of Chapter 309 of the Code of the City of Buffalo be amended to read as follows: § 309 -28. Fees. The fees to be charged and collected by the Commissioner of Parks for the use of golf courses and other recreational facilities under his jurisdiction are hereby fixed as provided ill Chapter 175, Fees. For park events that do not generate a profit, the Commissioner shall have the qq1 bprity to classify the type of event and determine which fee, if any, should be charged. The Commissioner may waive the fee for the use of the bandshell if the event satisfies one or more of the following criteria: A. For park event: (1) It is nonreligious and staged within a park or playground, including Niagara Square. (2) It provides a legitimate public benefit and is free to the general public. (3) It is initiated by the Mayor's office or other city department or agency. (4) It is cosponsored by the Mayor's office or other city department or agency. B. For nonpark event: (1) It is held as part of a daytime school event. (2) It does not create overtime costs for the city. (3) The Common Council has waived other fees for the event. It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel NOTE: Matter underlined is new. PASSED AYES -13 NOES -0 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. 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 pen -nit any person not employed by such licensee to loiter in or about the parking lot of such licensee. APPROVED AS TO FORM Corporation Counsel NOTE: Matter in brackets to be deleted REFERRED TO THE COMMITTEE ON LEGISLATION NO. 171 BY: MR. FRANCZYK SUPPORT NINE - MEMBER COMMON COUNCIL WHEREAS: The Common Council is required to reapportion the city based on population shifts reflected in the decennial census; and, WHEREAS: Population has hemorrhaged out of the city at a catastrophic rate in the past decade with no end in sight; and, WHEREAS: The city lost a further 3S,000 people, or 11 percent of its population since 1990 according to federal census numbers and, WHEREAS: Buffalo has lost nearly half its population in the past five decades and faces a crippling financial crisis; and, WHEREAS: Since the population of Buffalo has elected to "vote with its feet," government must adapt to current realities or become a part of the problem rather than an agent of real, positive change with a legislative body more in line with other cities of its size; and, WHEREAS: Nine Council Members is a sufficient number to serve a shrinking City Of 292,000 people, reflecting that half as many people need half as many politicians; and, WHEREAS: At least one plan submitted to the Common Council by some members of the Hispanic community calls for a nine - member district Common Council; and, WHEREAS: The imperative in federal and state law is that each legislative district reflect "one person- one vote," and, WHEREAS: Although the Council boundaries of the proposed Hispanic plan may be subject to modification, the proposal of nine council districts is a progressive one and can easily meet legal guidelines and good government; and, WHEREAS: The United States Supreme Court has ruled that no reapportionment plan can primarily be based on race, but a nine - district plan can be crafted to fairly reflect Buffalo's demographics in the following fashion: four clear minority majority districts, (Masten, Ellicott, University and Fillmore) four non - minority or majority districts (North, Delaware ' South and Lovejoy) and one "swing" district with nearly equal populations of Hispanic, Caucasian and African Americans (Niagara); and, WHEREAS: The Erie County Legislature, representing nearly a million people, elects its leadership from among its district representatives, a form of governance that can easily be adopted by the Buffalo Common Council and neither house of the state legislature has "At- Large" representation; and, WHEREAS: Representation beyond a nine - district council is an unnecessary redundancy with each district representative attending to both district issues and city -wide concerns; NOW THEREFORE BE IT RESOLVED: That the Common Council supports and approves for referendum nine district Council seats for a total of nine Council Members to represent the City of Buffalo until the next decennial reapportionment; and BE IT FURTHER RESOLVED: That the Common Council solicit whatever input it deems necessary to fix and approve the specific boundaries of each of the nine wards and directs the law department to draw up the local law to submit the plan before the voters. REFERRED TO THE SPECIAL COMMITTEE ON REAPPORTIONMENT NO. 172 BY: MR. GOLOMBEK MEMORIALIZE THE NEW YORK STATE LEGISLATURE TO EQUALIZE ALCOHOLIC BEVERAGE LICENSE FEES FOR THE CITY OF BUFFALO. Whereas: One of the factors that the New York State Liquor Authority uses in determining the appropriate license fee for businesses that serve alcoholic beverages is the population of municipality where the business will be located (NY State ABC Laws § 66 -4), and Whereas: Pursuant to the current law establishments in the City of Buffalo must pay a License Fee that is nearly double the amount that similar establishments located in the surrounding suburbs pay, and Whereas: Suburban businesses that are located in the immediate metropolitan area of Buffalo draw from the same population base as their City of Buffalo counterparts. Therefore, the nearly doubling of the fees charged to City of Buffalo businesses creates an unfair advantage for those suburban businesses that in many cases are located just across the street from their City of Buffalo competition, and Whereas: This unfair advantage is further exacerbated by the higher per capita income of the residents in communities surrounding most suburban establishments. This demographic clearly gives those businesses the opportunity to charge more for their product while at the same time they are paying less for their license, and Whereas: A new proposal by New York State Governor Pataki would double the Alcoholic Beverage Service Licensing Fees. This would significantly compound the unfair advantage and could push businesses out of the City of Buffalo to locations as close as across the street from where they are currently located, further stripping the City of it's tax base. Now, Therefore, Be It Resolved: That as this Honorable Body works towards the stabilization and improvement of the City of Buffalo it will continue to ask that any legislation, from any level of government, that encourages flight from the city be removed or amended, and Be It Further Resolved: That this Common Council does hereby memorialize the New York State Legislature to immediately affect legislation that will reduce the Licensing Fees associated with the service of alcoholic beverages charged to City of Buffalo businesses. To be fair the fees should be equal to those charged to similar businesses located in the surrounding suburbs. This important action will remove the unfair business disadvantage that City of Buffalo businesses face and will also remove an incentive to move a business out of the City of Buffalo, and Be It Further Resolved: That the City Clerk forwards certified copies of this resolution to Governor George E. Pataki and every member of the Western New York Delegation of the New York State Legislature. ADOPTED NO. 173 BY: MRS. GRANT TRANSFER OF FUNDS PLANNING FOR CAPITAL PROJECTS PUBLIC WORKS That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $75,000 be and the same is hereby transferred from Planning for Capital Projects account and said sum is hereby reappropriated as set forth below: From: 30000106 - 445 100 Planning for Capital Projects $75,000 To: 33 756706 - 445500 Reconstruction of Fuhrmann Blvd. (Design) $75,000 PASSED AYES -13 NOES -0 NO. 174 BY: MRS. GRANT INCREASED APPROPRIATION DEPARTMENT OF POLICE That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments Department of Police - Various Functions as detailed below, be and the same hereby are increased in the sum of $82,000. That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: From: 10200030 - 364000 - Department of Police General City Revenue - Deposit of Unclaimed Property $82,000 To meet the increased appropriation as set forth below:To: 12001005 - 467000- Miscellaneous Supplies $ 2 12023005 - 461105- Building Maintenance, Janitorial Supplies $ 3 12021005 - 461001- Office Supplies $ 2 12021005 - 461002- Contract Vendor Supplies $ 5,000 12021005 - 461400- Postage $ 2,000 12021006 - 432002 - Medical Services $63 12021006 - 443301 - Machinery and Equipment Repairs $ 3,000 12021006 - 480000 -Other Services $ 2 Total $82,000 PASSED AYES -13 NOES -0 NO. 176 BY: MRS. LOTEMPIO REQUEST TO REVIEW COL. WARD WATER SYSTEM PROPOSALS Whereas: The City of Buffalo's contract with American Water Services will be expiring in approximately five months and the Buffalo Common Council will begin its budget deliberations on May 1, 2002; and Whereas: An outside consultant has been hired to compare proposals which already have been submitted to the City by several entities interested in operating our water system; and Whereas: During a time in which we are trying to close a budget gap, coupled with entering into new budget deliberations, there is a critical need for the Council to be kept abreast of any and all negotiations which have a major impact on the city's fiscal condition; and Whereas: While recent news articles have featured the topic of our City currently examining various proposals, this Council has yet to review such documents; Now therefore Be It Resolved That: This Common Council request that Public Works Commissioner, Joseph Giambra and /or Eva Hassett, Administration and Finance Commissioner, to submit a copy of the RFP along with any and all copies of proposals submitted by entities interested in operating the City's Water system for review. Rosemarie LoTempio REFERRED TO THE SPECIAL COMITTEE ON BUDGET, COMMISSIONER OF PUBLIC WORKS, AND COMMISSIONER OF ADMINISTRATION AND FINANCE. NO. 176 BY: MRS. LOTEMPIO REQUEST FOR UPDATED LAKEVIEW HOPE VI REVITALIZATION PLAN REPORT Whereas: The original Revitalization Plan for the Lakeview Homes was approved by the Buffalo Common Council in July, 1998 and was comprised of three steps known as Part A Phase 1, Part A Phase 11, and Part B; and Whereas: The original plan previously submitted to the Common Council called for the demolition of only 100 existing units in Lakeview; and Whereas: In August, 2000, the Buffalo Municipal Housing Authority submitted another "revised" HOPE VI Revitalization Plan for Lakeview Homes to the Common Council, requiring the demolition of all the existing 666 units in Lakeview, a change reported to have been requested by the United States Department of Housing and Urban Development, and concurred with by the State of New York; and Whereas: The Common Council approved the revisions to Phases 11 and III of the Revitalization Plan in November 2000; and Whereas: The Common Council requested that the Buffalo Municipal Housing Authority keep the Council apprised on the ongoing progress, and any changes pertaining to the Lakeview Hope VI project. Now, Therefore, Be It Resolved That: This Common Council requests that the Commissioner of the Buffalo Municipal Housing Authority immediately submit a written report to the Common Council, updating the Council on all activities both ongoing and completed, including all financial obligations both received or anticipated; and Be It Further Resolved That: The report should also include any proposed changes that are not part of the original Revitalization Plan and the name of the current developer on the Lakeview Hope VI project; and Be It Finally Resolved That: The Common Council requests that the Lakeview Hope VI Report Update be filed with the Common Council no later than 2:00 PM, Thursday, April 25, 2002. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE BUFFALO MUNICIPAL HOUISING AUTHORITY NO. 177 BY: MRS. LOTEMPIO STATUS OF THE ADELPHIA COMMUNICATIONS DOWNTOWN BUILDING Whereas: According to recent news reports, Adelphia Communications Corporation is facing a serious financial crisis and has suffered a ratings cut by the Standard & Poor's Agency; and Whereas: Adelphia Communications' value dropped more than 45% in the first week after news of their debt was released, and the Company is reportedly considering liquidating some assets to raise capital; and Whereas: The City of Buffalo is especially concerned with the financial status of Adelphia because they have entered into an agreement with Adelphia Communications for a multistory office tower to be located along Buffalo's waterfront. Construction on this building is scheduled to begin in the summer of 2002; and Whereas: Although representatives from Adelphia have stated that construction remains on track, and that almost all of the employees needed in the new building have been hired and are working from other locations, there is widespread concern that the plans for the office building may be in jeopardy; and Whereas: The multistory Adelphia Communications Office Building, seen as an anchor for downtown Buffalo's future development, has already received public support by means of $50 million in grants from NYS coupled with incentives and tax breaks from the City of Buffalo and Erie County; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo does hereby request that Adelphia Communications Corporation file a response as to the status of the Adelphia waterfront project, any changes in the project anticipated due to the current financial situation, and the anticipated construction timeline; and Be It Further Resolved: That this Honorable Body does hereby request that Adelphia Communications file with this Council a copy of their Annual Report, which, according to the April 4, 2002, Buffalo News, is expected to be released shortly; and Be It Finally Resolved: That Adelphia Communications is to file the above requested information with the Buffalo Common Council, 1308 City Hall, Buffalo, NY, 14202, no later than 2:00 p.m., on Thursday, April 25, 2002. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND ADELPHIA. NO. 178 BY: MRS. LOTEMPIO, MRS. MARTINO NEGOTIATE SALE 2219 SOUTH PARK AVENUE, 14220 Whereas: The City of Buffalo is the owner of 2219 South Park Avenue, 1,4220 which premise primary tenant is the South Buffalo Charter School and; Whereas: The South Buffalo Charter School, is an education corporation incorporated by the Board of Regents of the State of New York and; Whereas: The South Buffalo Charter School is currently leasing space within the former Public School No.29, located at 2219 South Park Avenue, 14220 for grades k - 5 th ; and; 'Whereas: The South Buffalo Charter School is providing a quality alternative educational opportunity for the community and; Whereas: The SBCS has expressed a desire to purchase this property to allow for expansion of their current grade levels, to enhance their programs, and to further their commitment to the community and; Whereas: The South District Councilmember will hold a community meeting to gather valuable input regarding the SBCA's proposed continued use and purchase of this property. Also, addressing satisfactory means to accommodate other existing organizations in the building. Now, Therefore, Be It Resolved: That this Common Council authorize the Office of Strategic Planning, the Law Department, and the Division of Real Estate to negotiate the sale of 2219 South Park Avenue, in accordance with Art. 27, Sect. 27 -4., 27 -5 and, to report results of negotiations back to this Common Council for final approval. REFERRED TO THE COMMITTEE ON FINANCE, DIRECTOR OF STRATEGIC PLANNING, DIRECTOR OF REAL ESTATE AND CORPORATION COUNSEL. NO. 179 BY: MRS. MARTINO PERMISSION TO HANG BANNER Whereas The Bread of -Life Church, located at 1638 South Park Avenue, will be sponsoring a Chicken Barbeque" on Sunday, May 19, 2002 and Whereas: This is the 6th annual Barbeque and is a major fundraiser for the Bread of Life Church Christi -an Academy. This will help offset the costs associated with running the elementary school, and Whereas: To announce this event. the Bread of Life Church is seeking permission to hang a banner across South Park Avenue in front of the church office from April 20, 2002 to May 20, 100' ?, and Now, Therefore. Be It Resolve That the Common Council of the City of Buffalo grants permission to the Bread of Life Church to hang a banner announcing their Chicken Barbeque" to be held on Sunday May 19, 2002 Be It Further Resolved That said banner will hang across South Park Avenue in front of the church office, located at 1638 South Park Avenue from April 20, 2002 through May 20, 2002 Be It Finally Resolved: That said banner meet all the requirements set forth by the Department of Public Works and the Corporations Counsel, and that no existing laws are violated. PASSED AYES -13 NOES -0 NO. 180 BY: MR. PITTS SHARING THE ADDITIONAL ONE PERCENT SALES TAX Whereas: The County of Erie continues to collect the additional one percent (1 %) sales and use tax in Erie County and steadfastly refuses to share the proceeds with the City; and Whereas: The State of New York allows this to occur every year, though tile City of Buffalo is in desperate need of those funds; and Whereas: When the County was in need of assistance, the City agreed to allow this additional tax, believing it was a temporary measure; and Whereas: Now the additional tax is a mainstay of the County's budget and. there is no sign of it going away, let alone being shared with the City; and Whereas: For too long, the City has been contributing to this tax and our cries for help have been ignored; and Whereas: If the County of Erie refuses to hear the City of Buffalo's cries for help, then we must turn to the State for the assistance we desperately need:; Now Therefore Be It Resolved: That the Common Council of the City of Buffalo does hereby request that the Corporation Counsel investigate the possibility of bringing a legal action against the County of Erie and the State of New York to either compel revenue sharing of the additional one one Erie County sales and use tax or to eliminate the tax altogether. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET AND CORPORATION COUNSEL. NO. 181 BY: MR. THOMPSON PUBLIC HEARING NEW YORK STATE EMPIRE ZONE REVISION ZONE #74 S— #38) WHEREAS, New York State requires an authorizing resolution from your Honorable Body prior to submission of any New York State Empire Zone Revisions. WHEREAS, the Boundary Revision will assist those companies who are expanding in Buffalo. NCW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO: 1. That this Common Council will conduct a Public Hearing regarding the New York State Empire Zone Boundary Revision before the Full Council April 30, 2001 at 2:00 p.m. in the Common Council Chambers; and 2. That the City Clerk is hereby directed to publish a notice similar to the attached and marked 'Notice of Hearing' in the Buffalo News and the City Record no later than the 21 st of April, 2002. ADOPTED NO. 182 BY: MR. THOMPSON REPEAL OF THE ROCKEFELLER DRUG LAWS Whereas: In 1973 New York State enacted some of the toughest anti -drug laws in the nation under Governor Nelson Rockefeller; and Whereas: Under the Rockefeller Drug laws judges were stripped of their discretionary sentencing powers and implemented mandatory minimum sentencing; and Whereas: The Rockefeller Drug Laws are mandated to impose a prison term of no less than 15 years to life for anyone convicted of selling two ounces or possessing four ounces of a narcotic substance; and Whereas: The intent of the Rockefeller Drug Laws was supposed to target middle and high level criminals who are the true masterminds in the drug trade but minors, females, addicts and persons of color have been disproportionately affected the hardest; and Whereas: New York State Governor Pataki has commuted the sentences of at least 5 individuals serving 15 years to life sentences for possession of controlled substances and is currently reviewing the Rockefeller Drug Laws; Now Therefore Be It Resolved: That the City of Buffalo Common Council Support New York State in reforming the Rockefeller Drug Laws. REFEREED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION, COMMISSIONER OF POLICE, AND CORPORATION COUNSEL. NO. 183 BY: MR. THOMPSON UPDATE ON STATE OF ADELPHIA AND NEW OPERATION CENTER Whereas: $50 million dollars in grants from the state and incentive and tax breaks from the city and county has been offered for a $100 million New Operation Center for Adelphia Communications to break ground this summer; and Whereas: Sudden financial trouble has been reported at Adelphia. It has been reported that Adelphia has a possible debt of $2.3 billion, a decline in shares of 46 percent since March 27, a lowering in credit rating and possible lawsuits from shareholders; and Whereas: It has been speculated that Adelphia is considering reducing itself into a smaller operation, selling to a larger company or selling the Buffalo cable system. In either case, the status of the proposed Operations center is in question; and Whereas: The City of Buffalo has faith in Adelphia to turn around its financial woes, an update on the status of the new Operations Center can possibly calm speculation and rumors; Now Therefore Be It Resolved: That Adelphia Communications issue this Common Council of the City of Buffalo an update on the status of the Operation Center and attend the next Community Development Committee on April 24, 2002 at 10:00 am. ADOPTED 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 Pastor Beathley By Councilmember Pitts & City Clerk Michaux ADOPTED. UNFINISHED BUSINESS NO. 185 REAL EST.- CONDEMN EXPJAUGSPURGER RAMP -43 W. HURON (484,12/26)(462,12 /1 1)( #22,11/13)(HRG. 12/11) (CCP4 115 -3/19) Mr. Davis made a motion to lay on the table. Seconded by Mr. Fisher ADOPTED NO. 186 'REAL EST.- CONDEMN EXP./AUGSPURGER RAMP -352 PEARL ( 985,12/ 126)( #63,12 /11)(423,11 /13)(HR -. 12/11) (CCP# 117 -3/19) Mr. Davis made a motion to lay on the table. Seconded by Mr. Fisher ADOPTED NO. 187 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, IP floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, April 23, 2002 at 9:30 o'clock A.M. Committee on Finance Tuesday, April 23, 2002 at 10:00 o'clock A.M, following Civil Service Committee on Legislation Tuesday, April 23, 2002 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, April 24, 2002 at 10:00 o'clock A.M. Committee on Claims Wednesday, April 24, 2002 at 1:00 o'clock P.M. (Contact Law Dept. for Agenda) Committee on Education Wednesday, April 24, 2002 at 2:00 o'clock P.M. Special Committees Budget Committee Wednesday, April 17, 2002 at 930 o'clock A.M. Regular Budget Meeting; Wednesday, April 17, 2002 at 11:00 o'clock A.M. on a presentation by Cornell University; and Thursday, April 18, 2002 at 10: 00 o'clock A.M. in Room 1417 City Hall. Regional Governance Thursday, April 18, 2002 at 11:30 o'clock A.M. in Room 1417 City Hall. Police Reorganization /Oversight Monday, April 22, 2002 at 10:00 o'clock A.M. in Room 1417 City Hall on "Joint Crime Fighting Initiatives ". Kensington Heights Redev. Comm. Friday, April 26, 2002 at 10:00 o'clock A.M. in Room 1417 City Hall. Other Announcements: Citizen's Commission on Reapportionment: Tuesday, April 16, 2002 - Autuninwood Senior Center, 1800 Clinton St. Wednesday, April 17, 2002 - McKinley High School, 1500 Elmwood Ave. Thursday, April 18, 2002 - Delavan /Crider Comm. Ctr., 877 E. Delavan Ave. All hearings will be held from 6:00 PM to 8:00 PM For Further Information, Contact George K. Arthur, Commission Chairman, at 896 -6188. (Public Disclaimer): All meetinas are subiect to chanae 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. 188 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 4:38 pm CHARLES L. MICHAUX, III CITY CLERK