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Home My WebLink About02-0402ss0328No. 7 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO April 4, 2002 SPECIAL SESSION MARCH 28, 2002 MAYOR Hon. Anthony M. Masiello COMPTROLLER Anthony Nanula COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE Richard A. Fontana MAJORITY LEADER Rosemarie Lo Tempio COUNCILMEMBERS -AT -LARGE Beverly Gray Charlie A. Fisher III Rosemarie LoTempio DISTRICT COUNCIL MEMBERS MARC A. COPPOLA - DELAWARE BRIAN C. DAVIS - ELLICOTT DAVID A. FRANCZYK - FILLMORE RICHARD A. FONTANA - LOVEJOY ANTOINE M. THOMPSON - MASTEN DOMINIC BONIFACIO - NIAGARA JOSEPH GOLOMBEK JR. - NORTH MARY M. MARTINO - SOUTH BETTY JEAN GRANT - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Marc Coppola, Chairman, Charley H. Fisher III, Joseph Golombek Jr., Mary Martino, Antoine Thompson- Members CLAIMS COMMITTEE: Mary M. Martino, Chairman, Marc A. Coppola, Brian C. Davis, Richard Fontana, Betty Jean Grant - Members COMMUNITY DEVELOPMENT COMMITTEE: Antoine Thompson, Interim Chairman, Dominic J. Bonifacio Jr. Brian C. Davis, Joseph Golombek Jr., Beverly Gray, Rosemarie LoTempio- Members FINANCE COMMITTEE: Betty Jean Grant, Chairman, Marc Coppola, Brian C. Davis, Charley H. Fisher III, David A. Franczyk, Mary Martino - Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, Joseph Golombek Jr., Betty Jean Grant, Rosemarie LoTempio, Members RULES COMMITTEE: James W. Pitts, Chairman Charley H. Fisher III, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Charley H. Fisher III, Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, David A. Franczyk, Beverly Gray, Antoine Thompson; Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty Jean Grant, Joseph Golombek Jr.; Members BUDGET COMMITTEE: Rosemarie LoTempio, Chairman, Richard Fontana, Mary M. Martino, James W. Pitts ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr., Charley H. Fisher III, Joseph Golombek Jr. POLICE REORGANIZATION COMMITTEE: Dominic J. Bonifacio Jr., Chairman, Brian C. Davis, Richard Fontana, David A. Franczyk, Mary Martino, Charley Fisher III. CORPORATION COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, APRIL 2, 2002 AT 2:00 P.M. PRESENT - Fontana, President Pro Tempore and Council Members Bonifacio, Brown, Coppola, Ellington, Fisher, Golombek Grant, Gray, LoTempio, Martino, and Williams - 12 ABSENT - James W. Pitts President of the Council -1 On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on March 19, 2002 were approved. FROM THE MAYOR NO. 1 Appointment of Member to the Emergency Medical Services Board Pursuant to the powers vested in me in Chapter 6 of the Code of the City of Buffalo, I hereby appoint the following member to the Emergency Medical Services Board: APPOINTMENT; Michael L. D'Orazio 54 Parktrail Lane Cheektowaga, 14227 Mr. D'Orazio was recently named Deputy Fire Commissioner for the City of Buffalo. Mr. D'Orazio has held several positions with the Buffalo Fire Department since his employment in 1984, most recently as a Lieutenant, a position he has held since 1994. Prior to his employment with the City of Buffalo he was employed as a Firefighter and an Emergency Medical Technician for the Niagara Frontier Transportation Authority. Mr. D'Orazio holds a Bachelor of Science Degree in Media Communications from Medaille College. He has had extensive professional education training with FEMA, U. S. EPA, Int'Assn. of Fire Fighters and the NYS Municipal Training Council. Mr. D'Orazio's term will commence immediately and expire June 30, 2004. He is filling the unexpired term of City of Buffalo Fire Commissioner Calvin Worthy. I hereby certify that the above named individual is fully qualified to serve as a member of the Emergency Medical Services Board. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE DIVISION OF COLLECTIONS NO. 2 Re- Appointment of Members 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 re- appoint the following members, who will serve at the pleasure of the Mayor, to the Buffalo Arts Commission: Barbra A. Kavanaugh 286 Baynes St. Buffalo, 14213 Alexander A. Drapanas, D.D.S. 277 Linwood Ave. Buffalo, 14209 Judy C. Beecher 28 Oakland Place Buffalo, 14222 Donald J. Siuta One Linwood Ave Buffalo, 14209 Brigitte Barrell 165 Summer St. Buffalo, 14222 D. Bruce Johnstone 284 Rivermist Ave. Buffalo, 14202 Olga Aleksiewicz Lownie 67 Lexington Ave. Buffalo, 14222 Margaret Roblin 29 Colonial Circle Buffalo, 14222 1 hereby certify that the above named individuals are fully qualified to serve as a members of the Buffalo Arts Commission. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE DIVISION OF COLLECTIONS FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BOARD OF PARKING NO. 3 Children's Hospital Parking Ramp Item No. 15 1. C, C. P. 03/05/02 Per the above stated item, the closing or re- locating of Children's Hospital would negatively impact the revenues at the city owned parking ramp. The following is the actual debt service that has to be paid thru 2012 Original Reconstruction Debt Debt Total PROCEEDINGS March 2003 132,419 154,328 2004 132,419 155,053 2005 132,419 155,353 2006 132,419 155,418 2007 132,419 155,028 2008 132,419 154,278 2009 132,419 153,278 2010 151,903 2011 155,143 2012 152,793 If the hospital closed or re- located, the ramp would then be solely used by the surrounding businesses, and /or residents. I suggest that revenues and operating cost would not cover debt service. I believe the solution to this dilemma lies in the fact that the City of Buffalo owns three (3) hospital parking ramps at the following locations: I . Children's Hospital 2. Buffalo General Hospital 3. Millard Fillmore at Gates Circle The debt service at the Buffalo General ramp was retired and fully paid off in 2000. The debt service at the ramp at Millard Fillmore Gates has one (1) year remaining ($168,640) and will then be retired and paid in full in 2003. It appears to me that any decision Kaleida Health makes impacts all three (3) of the hospitals that the city has built parking ramps to support. It would further appear that any Kaleida decision will negatively impact one (1) of the ramps and positively impact the other two (2). In conclusion, I believe that the three (3) hospital ramps be treated collectively and that any surpluses from the operation of the two successful ramps, help defray the losses at the negatively impacted ramp. REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY PLANNING BOARD NO. 4 Pearl Street Grill 72 -76 Pearl St. Walkway encroachments Item No. 28, C.C.P. 2/5/2002 The City Planning Board at its regular meeting held Tuesday, March, 26, 2002, considered the matter captioned above pursuant to Section 413 -67 of the Buffalo Code, Encroachment Regulations. The applicant seeks to encroach the right -of -way on the Seneca Street side of the building located at 72 -72 Pearl Street with the construction of one 18t floor walkway and one second floor overhang. The first floor walkway which will measure 74 feet in length will be used to access from the main building to an outdoor 1 st floor patio at the rear of the building. The second floor overhang which measures approximately 40 feet in length will provide additional seating for the proposed second floor outdoor patio. Under SEQR the proposed encroachment is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve both encroachments with a maximum of 41 width, from the building, on the Seneca Street side and conditioned with the installation of a shield, attached to the second floor overhang, that will catch objects that may fall and all other conditions set by the Buffalo Preservation Board and the Department of Public Works. RECEIVED AND FILED NO. 5 P.Johnson 892 Elmwood Ave. Accessory ground sign Item No. 93, C.C.P. 3/05/2002 The City Planning Board at its regular meeting held Tuesday, March 26, 2002 considered the matter captioned above pursuant to Section 387 -19 and 511 -56 of the Buffalo Code, Application for billboard, ground or pole sign permits and Elmwood Business District, respectively. The applicant seeks to erect an illuminated 2.5' x4' ground "ID" sign which measures 5' in total height located at 892 Elmwood Avenue. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed accessory ground sign. RECEIVED AND FILED NO. 6 Ellicott Development Co. W. Mohawk St. Use of Street and right -of -way Item No. 36, C.C.P. 3/19/2002 The City Planning Board at its regular meeting held Wednesday, March 26, 2002, considered the matter 286,747 287,472 287,772 287,837 287,447 286,697 285,697 151,903 155,143 152,793 captioned above pursuant to Section 413 -67 of the Buffalo Code, Encroachment Regulations. The applicant is asking the City of Buffalo for permission to use a portion of W. Mohawk Street from Pearl to just west of the pedestrian mall on Main Street for private parking for the adjacent housing development. The Planning Board recommends approval, of the use of the street and right -of -way, conditioned that only a "mere license" be issued and that the City have the right to reclaim the street and right -of -way if there is a public use for it and that a landscaping element be incorporated into the parking layout at the east end of W. Mohawk Street. RECEIVED AND FILED NO. 7 Refuge Temple Educational Center 420 Carlton St. Human Service Facility Item No. 102, C.C.P. 3/19/2002 The City Planning Board at its regular meeting held Wednesday, March 26, 2002, considered the matter captioned above pursuant to Section 511 -136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to use the property located at 420 Carlton Street as a human service facility for people in need of supervision. Under SEQR the proposed Human Service Facility is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to communicate to the Common Council a finding of no concentration of similar uses within mile of the proposed site. RECEIVED AND FILED NO. 8 Refuge Temple Educational Center 422 Carlton St. Human Service Facility Item No. 141 C.C.P. 3/19/2002 The City Planning Board at its regular meeting held Wednesday, March 26, 2002, considered the matter captioned above pursuant to Section 511 -136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to use the property located at 422 Carlton Street as a human service facility for people in need of supervision. Under SEQR the proposed Human Service Facility is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to communicate to the Common Council a finding of no concentration of similar uses within ' -it mile of the proposed site, with the exception of the same operation next door, at 420 Carlton Street. RECEIVED AND FILED NO. 9 Ibraham Memon 31 Stone Street New Cemetery Item No. 104, C.C.P. 3/19/2002 The City Planning Board at its regular meeting held Tuesday, March 26, 2002 considered the matter captioned above pursuant to Section 317.1 of the Buffalo Code, Referable Matters to the City Planning Board. The applicant seeks use a portion of a 5.5 acre site for a cemetery which will be located at 31 Stone Avenue. The Planning Board voted to recommend approval of the proposed cemetery conditioned on adherence of all State, and local laws regulating cemeteries and that landscaped screening be provided along Stone and Bailey Avenues. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE OFFICE OF STRATEGIC PLANNING NO. 10 APPROVAL OF CONTRACT FOR SALE OF LAND LANDON /JEFFERSON /RILEY STREET The City of Buffalo Urban Renewal Agency duly designated AR -P Jefferson Avenue & Riley Street LLC and /or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel. The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded herewith are the following documents 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement 4. Proposed Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible REFERRED TO COMMITTEE ON COMMUNITY DEVELOPMENT NO. 11 Determination & Findings - Acquisition 370 & 372 Riley through Eminent Domain Procedure Law Attached for Your Honorable Body's review and adoption is a synopsis of Determination and Findings of the City of Buffalo regarding the acquisition of 370 and 372 Riley Street. The Determination and Findings have been prepared by legal counsel, in accordance with Eminent Domain Procedure Law (EDPL) Section 204. After adoption by the Common Council, the Office of Strategic Planning will publish the Determination and Findings for two (2) consecutive days in the Buffalo News. Also, in accordance with EDPL Section 204, the Determination and Findings must be published in the City Record for two (2) consecutive days. Therefore, I am recommending that Your Honorable Body adopt the attached Determination and Findings and authorize the Office of Strategic Planning on behalf of the Common Council to publish the required notice of Determination and Findings and that the City Clerk publish the required notice in the City Record for two (2) consecutive days. Mrs. LoTempio moved: That the communication from the Department of Strategic Planning, dated March 28, 2002be received and filed; and That the Common Council does hereby adopt the Determination and Findings related to the acquisition of 370 and 372 Riley and does hereby authorize the Office of Strategic Planning to publish the Notice of Determination and Findings in the Buffalo News and authorize the City Clerk to publish the notice in the City Record as required by law. ADOPT NO. 12 Lease Request - Space at Sheehan Memorial Hospital For City of Buffalo Substance Abuse Services The Office of Strategic Planning, Division of Real Estate, has received a request from the Division of Substance Abuse Services to negotiate a lease for space on the 2nd floor of Sheehan Memorial Hospital under the same terms and conditions as their former lease; with the following changes: I , The new lease agreement is for twenty -seven hundred (2,700) square feet of space on the second floor clinic area. The old lease was for one thousand (1,000) square feet on the 1 st floor. 2, The new lease will be for Sixteen Thousand Eight Hundred Dollars ($16,800.00) annually to be paid in twelve (12) monthly installments of One Thousand Four Hundred Dollars ($1,400.00) per month or Six Dollars and Twenty -Two Cents ($6.22) per square foot. 3. The term of the lease may be extended for two additional one -year renewal periods under the same terms and conditions, except that they annual rent during the first renewal shall be Seventeen Thousand Three Hundred Dollars ($17,300.00) payable in twelve (12) equally monthly installments of One Thousand Four Hundred Forty -Two Dollars ($1,442.00) each, and the annual rental during the second renewal term shall be Seven Thousand Eight Hundred Twenty Dollars ($17,820.00) payable in equal monthly installments of One Thousand Four Hundred Eighty -Five Dollars ($1,485.00) each. Attached for your review is a copy of the former lease between the City of Buffalo and Sheehan Memorial Hospital. I am recommending that Your Honorable Body approve a new lease agreement between the City of Buffalo, Substance Abuse Services and Sheehan Memorial Hospital upon the above terms and conditions. I am also requesting that Your Honorable Body authorize the Corporation Counsel to prepare said lease agreement and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AN] THE COMPTROLLER NO. 13 Renew lease Agreement between the City of Buffalo and the Fruitbelt Homeowners & Tenants Council, Inc. for Use of 326 -328 High Street Item No. 38, C.C.P. 11/27/97 Pursuant to Item No. 38, C.C.P. 11/27/99, Your Honorable Body authorized a five (5) year lease agreement between the City of Buffalo and the Fruitbelt Homeowners & Tenants Council, Inc. for use of 326 -328 High Street. This agreement was for the period of May 1, 1997 through April 30, 2002. This office has received a letter from the Fruitbelt Homeowners & Tenants Council, Inc. requesting to renew their lease agreement for an additional five (5) year period under the same terms and conditions as their present lease. The lease renewal shall commence on May 1, 2002 and expire on April 30, 2007. All other terms and payments shall remain the same. Attached is a copy of the agreement for review. This office recommends that Your Honorable Body renew their present lease agreement for an additional five - (5) year period to commence on May 1, 2002 and expire on April 30, 2007. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said agreement and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 14 Rescind Sale 1446 Main Street Former Precinct #6 Geneva B. Scruggs Item No. 16, C.C.P. 6/29/98 In the above referenced item Your Honorable Body authorized the sale of 1446 Main Street (former Precinct No. 6) to Geneva B. Scruggs Intermediate Care Facility, in the amount of Eleven Thousand Five Hundred Dollars ($11,500.00). Geneva B. Scruggs Intermediate Care Facility deposited Two Thousand Three Hundred Dollars ($2,300.00) down payment and were allowed early occupancy into the property. Due to financial difficulties Geneva B. Scruggs Intermediate Care Facility was unable to dose on the title and requested to lease the facility. In Item No. 124, C.C.P. 9/18/01 Your Honorable Body authorized an interim lease with Geneva B. Scruggs for Five Hundred Dollars ($500.00) per month, since they were already occupying the property under an early occupancy agreement with the City. A lease agreement was forwarded to Geneva B. Scruggs in December 2001. The lease was never signed and returned to the City after several requests by the Division of Real Estate. The Division of Real Estate has received a letter from Alan Donatelli, Attorney for Geneva B. Scruggs, stating that his client does not wish to enter into a lease and no longer occupies the premises. The Division of Real Estate has secured and inspected the building. We have found records and furniture left behind in the building. We have also found the boiler for the heating system has been taken apart and inoperable. Therefore, we are recommending that the Common Council rescind the sale, that the Two Thousand Three Hundred Dollars ($2,300.00) down payment be rescinded and that the property be returned to inventory for sale. Mrs. LoTempio moved: That the communication from the Department of Strategic Planning, dated March 20, 2002, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of 1446 Main Street (former Precinct No. 6) at a cost of $2,300.00 down payment and that the property be returned to inventory for sale. Passed AYES - 12 - NOES — 0 No. 15 Results of Negotiations 100 Spruce, 149'N Sycamore Vacant Lot: 24' x 140' Assessed Valuation: $1,000 The Office of Strategic Planning, Division of Real Estate, has received a request to purchase from Mr. Gregory D. Mott, 104 Spruce Street, Buffalo, New York 14204. He owns and resides at a one family new build home at 104 Spruce Street, which is adjoining to 100 Spruce Street. He intends 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 purchaser. An independent appraisal of the property was conducted by Paul Wolf, Jr. of Wolf Appraisal Service, Inc., 152 Warren Street, Kenmore, New York 14217. He has estimated the value of the parcel to be Eight Hundred Dollars ($800.), Twenty -Four Cents (.24) a square foot. The Division of Real Estate has investigated the sales of similar properties in the area. Sales prices range from Twenty -Five Cents (.25) to Forty Cents (.40) a square foot. The results of our negotiations is that Mr. Gregory Mott has agreed and is prepared to pay One Thousand Dollars ($1,000.), Thirty Cents (.30) a square foot for this parcel. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 100 Spruce Street to Mr. Gregory D. Mott in the amount of One Thousand Dollars ($1,000). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the communication from the Department of Strategic Planning, dated March 27, 2002, be received and filed; and That the sale of 100 Spruce Street to Mr. Gregory D. Mott in the amount of S1,000.00 be and is hereby approved and that the Corporation Counsel is hereby authorized to prepare the necessary documents and that the Mayor be authorized to execute the same. Passed AYES -12- NOES -0 No. 16 Transfer of Title, Urban Homestead Program 51 Ada (City Owned - vacant lot, 20'x 63') The Office of Strategic Planning has surveyed the city -owned vacant lot at 51 Ada Place, Buffalo, New York 14208. parcel is 20'x 63' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mrs. Clara O'Neal residing at 49 Ada Place indicated she will clean, improve and maintain the lot in the event she obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend the city -owned vacant lot to be designated as a Homestead Property and b transferred to Mrs. Clara O'Neal on the condition that the property is cleaned and improved within (6) month and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 17 Transfer of Title, Urban Homestead Program 169 Fifteenth (City Owned - vacant lot, 26'x irregular') The Office of Strategic Planning has surveyed the city -owned vacant lot at 169 Fifteenth Street, Buffalo New York 14213, parcel is 25'x irregular in dimension; and it has been determined that this parcel I inappropriate for either the construction of new housing or needed for public purposes. Ms. Torlin Reed residing at 167 Fifteenth Street indicated she will clean, improve and maintain the lot in the event she obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend the city -owned vacant lot to be designated as a Homestead Property and b transferred to Ms. Torlin Reed on the condition that the property is cleaned and improved within (6) month and maintained in a sanitary manner. Mrs. LoTempio Moved: That the above communication from the Office of Strategic Planning dated February 27, 2002, be received and filed; and That the city -owned vacant lot at 169 Fifteenth Street, be designated as a Homestead Property, and that the Mayor be, and he hereby is authorized to transfer said property to Ms. Torlin Reed, residing at 167 Fifteenth Street, for the amount of One Dollar ($1.00) and no more, and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. Passed. AYES - 12 - NOES — 0 NO. 18 Transfer of Title, Urban Homestead Program 122 St. Louis (City Owned - vacant lot, 30'x 103') The Office of Strategic Planning has surveyed the city -owned vacant lot at 122 St. Louis Avenue Buffalo, New York 14211, parcel is 30' x 103' in dimension; and it has been determined that this parcel 1 inappropriate for either the construction of new housing or needed for public purposes. Mr. William T. Connelly residing at 126 St. Louis Avenue indicated that he will clean, improve an maintain the lot in the event that 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 that the city -owned vacant lot to be designated as a Homestead Property and be transferred to Mr. William T. Connelly 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 March 27, 2002, be received and filed; and That the city -owned vacant lot at 122 St. Louis Avenue, be designated as a Homestead Property, and that the Mayor be, and he hereby is authorized to transfer said property to Mr. William T. Connelly, residing at 126 St. Louis Avenue, for the amount of One Dollar ($1.00) and no more, and all costs of transfer, on the condition the property is cleaned and improved within six (6) months and maintained in a sanitary manner. Passed. AYES -12- NOES -0 No. 19 Transfer of Title, Urban Homestead Program 136 Stevens (City Owned - vacant lot, 3 V x 100') The Office of Strategic Planning has surveyed the city -owned vacant lot at 136 Stevens Street, Buffalo New York 14215, parcel is 31'x 100' in dimension; and it has been determined that this parcel I inappropriate for either the construction of new housing or needed for public purposes. Ms. Delwanda A. Garland and Mr. Joel A. Dean, Sr. residing at 138 Stevens Street indicated they will clean, improve and maintain the lot in the event they obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteaders. We, therefore, recommend the city -owned vacant lot to be designated as a Homestead Property and b transferred to Ms. Delwanda A. Garland and Mr. Joel A. Dean, Sr. on the condition that the property is cleaner( and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 20 Transfer of Title, Urban Homestead Program 257 Sobieski (City Owned - vacant lot, 30' x 99 99 ) The Office of Strategic Planning has surveyed the city -owned vacant lot at 257 Sobieski Street, Buffalo New York 1,4211, 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. Syed Shafaullah Qadri residing at 261 Sobieski Street indicated he will clean, improve, and maintain the lot in the event he obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend the city -owned vacant lot to be designated as a Homestead Property and b transferred to Mr. Syed Shafaullah Qadri 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 February 27, 2002, be received and filed; and That the city -owned vacant lot at 257 Sobieski Street, be designated as a Homestead Property, and that the Mayor be, and he hereby is authorized to transfer said property to Mr. Syed Shafaullah Qadri, residing at 261 Sobieski Street, for the amount of One Dollar ($1.00) and no more, and all costs of transfer, on the condition the property is cleaned and improved within six (6) months and maintained in a sanitary manner. Passed. AYES -12- NOES -0 No. 21 Transfer of Title, Urban Homestead Program 282 Woltz (City Owned - vacant lot, 30'x 118') The Office of Strategic Planning has surveyed the city -owned vacant lot at 282 Woltz Avenue, Buffalo New York 1,4211, parcel is 30' x 118' 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. Jime M. Agee residing at 284 Woltz Avenue indicated she will clean, improve and maintain the lot in the event she obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend the city -owned vacant lot to be designated as a Homestead Property and be transferred to Ms. Jinie M. Agee on the condition that the property is cleaned and improved within (6) month and maintained in a sanitary manner. Mrs. LoTempio Moved: That the above communication from the Office of Strategic Planning dated February 27, 2002, be received and filed; and That the city -owned vacant lot at 282 Woltz Avenue, be designated as a Homestead Property, and that the Mayor be, and he hereby is authorized to transfer said property to Ms. Jinie M. Agee, residing at 284 Woltz Avenue, for the amount of One Dollar ($1.00) and no more, and all costs of transfer, on the condition the property is cleaned and improved within six (6) months and maintained in a sanitary manner. Passed. AYES -I2- NOES -0 NO. 22 RESPONSE - USE OF 3300 BAILEY AVENUE FOR A SATELLITE C.O.P. STATION AND STREETS SAFETY BUILDING ITEM NO. 161, C.C.P. 3/19/02 The above referenced item was referred to the Office of Strategic Planning, Division of Real Estate, for a response. Councilmember Grant has submitted a resolution requesting that the city owned properly located 3300 Bailey Avenue be converted into a C.O. P. Station and streets safety building that will be manned by volunteers. The Councilmember has indicated that this is a highly populated area where youth congregate in the evening, and therefore be utilized as a place where these groups can meet, collaborate and work together to address the concerns of the business owners and shoppers in the surrounding area. This property was turned over to the Division of Real Estate on 814/2000 through In -Rem 156, Serial 130. AJI of the utilities were off at the time this office took possession so we have no idea on whether or not the mechanics are in working order. The property minimally needs cosmetic work and probably a new front door and windows. The Division of Real Estate has had three (3) inquiries to purchase this property in the past year. Two of the three files have been closed due to insufficient proof of finances to be able to purchase and renovate the building. We are waiting to receive a response from the third party to determine whether or not they are a qualified buyer. However, this office will defer to the opinion of the Buffalo Police Department whether or not it is feasible to turn this building into a C.O.P. Station. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMPTROLLER NO. 23 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION PARKING VIOLATIONS BUREAU 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 $40,000, in the estimates for the fiscal year beginning July 1, 2001 is necessary in Appropriation Allotments - Towing & Storage Operations - Other Services, 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 $40,000 in the General Fund City Revenue account 10140015-341104 Towing & Storage Fees (PVB) not otherwise appropriated for any other purpose. The detail of the requirement is set forth below: To: 11412006 - 480000 - Towing & Storage Operations - Other Services $40,000 Dated: Buffalo, NY, March 12, 2002 RECEIVED AND FILED NO. 24 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS GENERAL CITY CHARGES We, Anthony M. Masiello, Mayor and Anthony Nanula, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $167,300 be transferred and reappropriated from the General City Charges, as set forth below: The amounts to be transferred represent monies from the Reserve for Capital Improvements and will be used for Pool Reconstruction. From: 172210007 - Capital Reserves 470001- Capital Improvements $167,300 To: 117523008 - Interfund Transfers Out 489130 - Interfund Transfers Capital Projects $167,300 From: 17523008 - Interfund Transfers Out 489130 - Interfund Transfers Capital Projects $167,300 To: 30012406 - Capital Project fund 445100 - Pool Reconstruction $167,300 TOTAL Certificate of Necessity Dated: Buffalo, NY, March 19,2002 RECEIVED AND FILED NO. 25 REPORT OF AUDIT DEPARTMENT OF ADMINISTRATION AND FINANCE DEMOLITIONS In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Performance Audit Report of Demolitions costs for the City of Buffalo. Recommendations: Discontinue the experiment in cost savings. The demolition crew should be eliminated and the equipment rentals / lease should be ended or sold. There may be reassignments of personnel based on management's decisions. Summation The City needs to continue to look at cost saving experiments such as this unit on an ongoing basis. The difficulties of replicating what is a competitive business environment are numerous. Their experience is difficult to replicate, and they pay for their own inefficiencies. Decisions are not made to lose money, so there is little to be gained by re- examining the expectations in the original proposal. However, the assumption that capital funds could always be used is flawed. It is a common operations and maintenance function. Demolitions remain an important strategic planning initiative in the City of Buffalo. Clearance of areas and rebuilding as part of an economic development plan would change that. This conclusion might be different if the savings were really there at a level to offset the fixed element, but it is off by more than 100 %. The budget for this function includes the following elements, which will be eliminated in part by the elimination of this internal function. Salaries, overtime etc 376,734 Tires, tubes, gas & oil 26,025 Refuse disposal, maintenance, repairs, rentals 352,900 Equipment & vehicles 154,000 REFERRED TO THE COMMITTEE ON BUDGET, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE DEPARTMENT OF PERMITS AND INSPECTIONS NO. 26 UPDATED REVIEW OF CASH FLOW JULY 1, 2001 TO FEBRUARY 28, 2002 In an effort to keep the Council apprised, I am submitting this letter between my office and the school district in regards to the cash flow actuals for the period July 1, 2001 to February 28, 2002. Attached are Board of Education cash flows depicting " Actuals " for the period July 1, 2001 February 28, 2002. Please take the opportunity to review the information and compare it to your original projections that were submitted to the rating agencies in January, and then provide me with the necessary revised cash flow estimates or modifications for the balance of the fiscal year. Upon examination of the actuals for January and February, you may note that "Basic Education Aid " receipts came in about $5.6 million higher than your projection. Is this the result of the additional $5.8 million promised from the state? Also, "Miscellaneous State and Federal Aid " income estimates fluctuated between "Categorical Aid " estimates in varying amounts. It appears that total income for both months was about $3.1 million above the projections submitted to the ratings agencies in January. On the expenditure side, for the same period, it appears that " Salary " estimates were greater than projected by $1.6 million with most of the increase coming from February, 2002. 1 would recommend that you examine your estimates to determine if " Salary" spending will continue at that level or was there an unanticipated payroll expense. Needless to say, it has to be evaluated. "Non - Salary " expenditures appear to be relatively consistent with the projection although coming in approximately $386,000 higher than projected. Obviously, we need to remain diligent in monitoring any fluctuations in the cash flow and to adjust for any situations that may adversely affect our ability to meet our cash obligations. As we approach the last quarter of the fiscal year, it becomes increasingly important that you verify your "Basic Education Aid" amounts through June 30, 2002, since I have to begin reserving funds for the repayment of our Revenue Anticipations Notes. REFERRED TO THE COMMITTEE ON BUDGET, THE BOARD OF EDUCATION AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE FROM THE PRESIDENT OF THE COUNCIL NO. 27 R. JOWSEY- SANITATION CANS & WORKERS Dear Mr Pitts: Thank you for your timely reply to my problem. However, my garbage still hasn't been picked up! Today is Thursday, the neighborhood will be putting out garbage for the Friday pickup. So no further requests need be made. I do have a few comments on this matter. (1) 1 tried at all levels to have this problem taken care of. I dealt politely to the sanitation workers on the day of, to come back around. They promised, and no showed! My wife called the "Sanitation line, the Mayor's complaint line, (each several times) and received lip service. I contacted your office also. You yourself tried, and got the same result. (2) I'm 49 years old and lived all my life in this city as you have, What's happened? I read in the paper about fines which will be levied on residents concerning their garbage for various violations, and yet the city can't keep their end. (3) 1 feel sorry for our political leaders who are trying to sell this city, figure they have programs in place for the people they serve, (hot lines etc) and nothing works. Too many people had a hand in this complaint and yet it has failed. This was a simple complaint /request! (4) From my perspective it looks like gross lack of communication, lower level workers calling the shots, disrespect for others, including yourself and your office! Do we have a renegade Streets Dept? Are they going to show you, me and the city that nobody tells them what to do? (5) 1 know you have bigger headaches with the city than my simple problem. But if this simple problem can't be handled with all these safeguards in place, then the city is in trouble. (6) Thank you for hearing me out. I just feel that if your request goes unheeded, then a "Joe Blow" like myself hasn't a prayer of being heard. Except on election day! Regretfully yours; Richard Jowsey REFERRED TO THE COMMITTEE ON STREETS SERVICES AND THE COMMISSIONER OF PUBLIC WORKS PARKS AND STREETS NO. 28 V. MINGGIE- RESIDENT ADVISORY BD- CONCERNS RESIDENTS HEALTH BMHA Dear Ms. West, It, has come to our attention that there will no longer 'be maintenance on weekends. We understand there have been cutbacks. This smells of a trend to the absentee landlord. What are the Elderly and t11 suppose to do when there are backups in toilets and bathtubs. This is not only a Health Issue. but a safety problem. Is there an emergency recourse for the handicapped to call for services to aide those with respiratory or Immune deficiency problems Does not place these people on an emergency service list? Should we be addressing this to you or the County Health Department? We' re sure that if someone becomes ill, BMHA will underwrite health care that is not covered by medicare or medicaid. We are sure your Budget you adhere to so closely must have Emergency Funds for this matter. If funds are lacking, perhaps this would be addressed to the Mayor, Executive Glambra or the Office of the Governor of New York State. Our residents health is most important and not to be compared to any Budget that has been underwritten by you. Their health is under your care. We're sure you will find some means to address this issue. If we have been given the wrong information dealing with matter we would appreciate being reinformed, to disspell the fear of encompassing 48 hours of duress and unsanitary conditions. Sincerely, Van Minggie -- Chairman REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE BUFFALO MUNICIPAL HOUSING AUTHORITY FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 29 DELINQUENT ECIDA AND CITY PILOT AGREEMENTS Attached is a listing of delinquent ECIDA and City PILOT accounts as of March 11, 200,2. The company name, address of the property covered by the agreement, year of the unpaid billing and the unpaid amounts are listed separately. We are requesting the ECIDA, the City of Buffalo Department of Law and the City of Buffalo Collection Division to pursue collection of these delinquent agreements. REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE ERIE COUNTY INDUSTRIAL DEVELOPMENT CORPORATION NO. 30 USE 3300 BAILEY SATELLITE COP SITE ITEM #161, C.C.P. 03/19/02 The above item has been referred to this department for comment. The parcel assessed as 3300 Bailey was acquired by the City of Buffalo through an Erie County Foreclosure, Rem 156,Serial #60. The parcel is assessed at $41,000 and based on its ownership by the City is exempt from city and county taxes. There are no current or arrear city taxes owing. According to our departmental records the building is classified as a one story mixed use structure of approximately 2,000 square feet. If the City retains ownership and the building continues to be used for qualifying exempt purposes, its status as exempt from city and county property taxes should continue. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 31 AUDITED FINANCIAL STATEMENTS BUFFALO WATER BOARD AND BUFFALO MUNICIPAL WATER FINANCE AUTHORITY C. C. P. 18 3/ 5/ 0 2 The Audited Financial Statements of the Buffalo Water Board and the Buffalo Municipal Water Finance Authority have been reviewed by representatives of each agency. The audits have been found to be correct, and have been accepted. REFERRED TO THE COMMITTEE ON FINANCE NO. 32 REPORT OF BIDS CAZENOVIA PARK BACKSTOP REPLACEMENT I have previously requested and received permission to take bids for the above project, Item 32, CCP 7/10/01. 1 advertised on March 12, 2002, and have received the following bids for the construction of the Cazenovia Park backstop replacement, which were publicly opened and read on March 26, 2002. Contractor Base Bid Titan Development $70,297 8534 Seaman Road Gasport, New York 14067 Gleason's Nursery $84,588 4780 Sheridan Drive Williamsville, New York 14221 Designer's Estimate $55,000 1 hearby certify the foregoing is a true and correct statement of the bids received and that Titan Development, 8534 Seaman Road, Gasport, New York 14067 is the lowest responsible bidder in accordance with the plans and specifications. Utilizing the unit prices included in the contract we are deducting the purchase and installation of six bleachers and six asphalt pads for a total cost o: $19,650.00. Therefore the adjusted contract amount is $50,647.00. 1 request that Your Honorable Body authorize the Commissioner of Public Works Parks and Streets to order the work on the basis of the low bid. Funds for this work are available in Bond Fund Account No. 36400306. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 27, 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 Cazenovia Park Backstop Replacement, to Titan Development, the lowest responsible bidder, in the amount of $50,647. Funds for the project are available in Bond Fund Account No. 36400306. PASSED AYES -12 NOES -0 NO. 33 REPORT OF BIDS PAINTING OF STREETLIGHT STANDARDS 2002 -03 GROUP 596 This is to advise your Honorable Body that I have advertised and received bids on 3/27/02 for the painting of streetlight standards 2002 -03, Group 596. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material, which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering, into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase E & M Star Painting, 12 Doe Haven, $100,894.00 $110,983.40 Lancaster, NY T & T Contracting & Painting S -5839 Rosewood Terrace, Lake View, NY$118,049.00 $129,853.90 Professional Independent Contractors no bid 6869 Boston Cross Rd., Boston, NY I hereby certify that the lowest responsible bidder for the above project is E & M Star Painting, Inc. I respectfully recommend that your Honorable Body order the work done, the cost thereof to be charged to Account 30032106 -445 100 in the amount of $100,894.00 plus approved unit prices not to exceed $10,089.40 for the total encumbrance of $110,983.40. The engineers estimate for this work is $100,000.00. Attached is a list of proposed streets where standards will be painted. The attached is certified to be a true and correct statement of the two (2) bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by May 15.1 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 March 28, 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 Painting of Streetlight Standards 2002 -03, Group 596, to E & M Star Painting Inc., the lowest responsible bidder, in the amount of $110,983.40. Funds for the project are available in Account 30032106 -445 100. PASSED AYES -12 NOES -0 NO. 34 REPORT OF BIDS REPAIR TO STFEET CUTS - 2002 GROUP 9585 This is to advise your Honorable Body that I have advertised and received bids on 3/20/02 for Repair to Street Cuts 2002 - Group #585. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material, which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid The following bids were received: Base Bid Unit Price Increase C. Destro Development $71,684.50 $78,852.95 Birssch Grove Landscaping $88,900.00 $97,790.00 Sicilia Construction $94,301.50 $103,731.65 P & J Construction $99,730.00 $109,703.00 ABP Concrete $104,730.50 $115,203.55 1 hereby certify that the lowest responsible bidder for the above project is C. Destro Development with a base bid of $71,684.50. 1 respectfully recommend that your Honorable Body authorize a contract award the amount of ($71,684.50 base bid + 10% unit price increase $7,168.45 = total award $78,852.95). Fun for this work will be available in our Capital Account # 30032106. The engineer's estimate for this work $100,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 22, 2002, be received and filed: and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Repair to Street Cuts, Group 4585, to C. Destro Development, the lowest responsible bidder, in the amount of $71,684.50 base bid + 10% unit price increase $7,168.45 = total award $78,852.95. Funds for the project are available in our Capital Account #30032106. PASSED AYES -12 NOES -0 NO. 35 REPORT OF BIDS STREET TREE PLANTING - SPRING 2002 GR. #595 This is to advise your Honorable Body that I have advertised and received bids for Street Tree Planting Spring 2002, Gr. #595. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid UnitPrice Increase Gleason's Nursery, Inc. $53,212.00 $58,533.20 4780 Sheridan Dr., Williamsville, NY 14221 Scott Lawn Yard, Inc. $72,810 $78,138.20 5552 Tovmline Road, Sanborn, NY 14132 Beau Enterprises $89,138.00 $94,459.22 4250 Williams Road, Ransomville, NY 14131 1 hereby certify that the lowest responsible bidder for the above project is Gleason's Nursery, Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of S58,533.20 ($53,212.00 Base Bid + $5,321.20 10% unit price increase = Total Award $58,533.20 ). Funds for this work are in Capital Project Account #35310106-445100. The engineer's estimate for this work is $55,000. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by May 3, 2002. Individual bid submissions are available in our office for inspection and copies are available upon request. See attached list of locations. Additional locations can be added upon request. REFERRED TO THE COMMITTEE ON FINANCE NO. 36 CHANGE IN CONTRACT MACHNICA COMMUNITY CENTER CONSTRUCTION GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Machnica Community Center, Construction, General Construction, Summit Construction Group, C #91983800. 1. Credit for omitting planter walls on Clinton and Fredro Streets. Deduct $ 15,000.00 The foregoing change results in a net decrease in the contract of Fifteen Thousand and 00/100 Dollars ($15,000.00). Summary: Current Contract Amount $2,840,152.77 Amount of This Change Order ( #12) Deduct $ 15,000.00 Revised Contract Amount $2,825,152.77 Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini & Tries Architects, 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 35321106 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 March 19, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No - 12, to Machnica Community Center, Construction, General Construction, Summit Construction Group, C #91983800 a decrease in the amount of $15,000.00, as more fully described in the above communication, for work relating to Clinton and Fredro Streets. Funds for this project are to be credited to CPF 35321106 445 100 - Division of Buildings. PASSED AYES -12 NOES -0 NO. 37 CHANGE IN CONTRACT MACHNICA COMMUNITY CENTER CONSTRUCTION GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Machnica Community Center, Construction, General Construction, Summit Construction Group, C #91983800. 1. Additional costs for extending and constructing retaining wall per revised detail. Add $ 15,808.48 The foregoing change results in a net increase in the contract of Fifteen Thousand Eight Hundred Eight and 48/100 Dollars ($15,808.48). Summary: Current Contract Amount $2,825,152.77 Amount of This Change Order ( #13) Add $ 15,808.48 Revised Contract Amount $2,840,961.25 Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini & Tries Architects, PC) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 35321106 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 March 19, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 13, to Machnica Community Center, Construction, General Construction, Summit Construction Group, C #91983800 an increase in the amount of $15,808.48, as more fully described in the above communication, for work relating to extending and constructing retaining wall. Funds for this project are available in CPF 35321106 445100 - Division of Buildings. PASSED AYES -12 NOES -0 NO. 38 CHANGE IN CONTRACT MACHNICA COMMUNITY CENTER CONSTRUCTION GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Machnica Community Center, Construction, General Construction, Summit Construction Group, C #91983800. 1. Additional costs for changing ceiling grid height to accommodate ductwork revisions and installation of grid edge trim. Add $ 550.00 The foregoing change results in a net increase in the contract of Five Hundred Fifty and 00/100 Dollars ($550.00). Summary: Current Contract Amount $2,840,961.25 Amount of This Change Order ( #14) Add $ 550.00 Revised Contract Amount $2,841,511.25 Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini & Tries Architects, PC) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 35321106 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 March 19, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 14, to Machnica Community Center, Construction, General Construction, Summit Construction Group, C #91983800 an increase in the amount of $550.00, as more fully described in the above communication, for work relating to changing ceiling grid height and installation of grid edge trim. Funds for this project are available in CPF 35321106 445 100 - Division of Buildings. PASSED AYES -12 NOES -0 NO. 39 CHANGE IN CONTRACT MACHNICA COMMUNITY CENTER CONSTRUCTION GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Machnica Community Center, Construction, General Construction, Summit Construction Group, C #91983800. 1.Additional cost for the removal of an existing concrete slab found below the first flab encountered in the plumbing contractor's site work trench. Add $ 881.00 The foregoing change results in a net increase in the contract of Eight Hundred Eighty One and 00/100 Dollars ($881.00). Summary: Current Contract Amount $2,841,961.25 Amount of This Change Order ( #15) Add $881.00 Revised Contract Amount 1 842,392.25 Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini & Tries Architects, PC) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 35321106 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 March 19, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 15, to Machnica Community Center, Construction, General Construction, Summit Construction Group, C #91983800 an increase in the amount of $881.00, as more fully described in the above communication, for work relating to removal of an existing concrete slab. Funds for this project are available in CPF 35321106 445100 - Division of Buildings. PASSED AYES -12 NOES -0 NO. 40 CHANGE IN CONTRACT NORTH BUFFALO COMMUNITY CENTER CONSTRUCTION GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the North Buffalo Community Center, Construction, General Construction, Miller Enterprises, C #92010477. 1 . Drywall at chase walls Toilet Rooms #106, #107. Add $ 555.00 2. Provide cement under existing glazed block at Recreation Room #101. Add $ 531.00 3. Provide VCT /edge trim at existing steps in Recreation Room #101. Add $ 413.00 4. Provide 1/4" plywood above acoustic ceiling in Recreation Room #101. Add $ 253.00 5. Credit for not painting locker room floors. Deduct $ 400.00 The foregoing change results in a net increase in the contract of One Thousand Three Hundred Fifty Two and 00/100 Dollars ($1,352.00). Summary: Current Contract Amount $82,000.00 Amount of This Change Order ( #1) Add $ 1,352.00 Revised Contract Amount $83,352.00 Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini & Tries Architects, PC) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 36321906 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 March 19, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to North Buffalo Community Center, Construction, General Construction, Miller Enterprises, C #92010477, an increase in the amount of $1,352.00, as more fully described in the above communication, for work relating to the North Buffalo Community Center Construction contract. Funds for this project are available in CPF 36321906 445100Division of Buildings. PASSED AYES -12 NOES -0 NO. 41 CHANGE IN CONTRACT TOSH COLLINS COMMUNITY CENTER SENIOR AND TEEN CENTER GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Tosh Collins Community Center, Senior and Teen Center, General Construction, New Era Construction, Inc., C #92010293. 1. Provide and install new VCT flooring and base in gymnasium storage room. Add $ 1,802.00 2. Provide and install new ceramic tile floor at new urinal in men's locker room. Add $ 390.00 3. Provide and install new VCT flooring and base in lobby #137. Add $ 2,174.00 4. Install additional sidewalk at west entrance. Add $ 143.00 The foregoing change results in a net increase in the contract of Four Thousand Five Hundred Nine and 00/100 Dollars ($4,509.00). Summary: Current Contract Amount $1,346,024.00 Amount of This Change Order ( #10) Add $4,509.00 Revised Contract Amount $1,350,533.00 Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini & Tries Architects, PC) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 35320706 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 22, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 10, to Tosh Collins Community Center, Senior and Teen Center, General Construction, New Era Construction, Inc., C #92010293, an increase in the amount of $4,509.00, as more fully described in the above communication, for work relating to the Tosh Collins Community Center contract. Funds for this project are available in CPF 3 5320706 445 100- Division of Buildings. PASSED AYES-12 NOES-0 NO. 42 CHANGE IN CONTRACT TOSH COLLINS COMMUNITY CENTER SENIOR AND TEEN CENTER GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Tosh Collins Community Center, Senior and Teen Center, General Construction, New Era Construction, Inc., C #92010293. 1. Change in ceiling height to accommodate HVAC ductwork in passage #134. Add 523.00 2. Bulkhead in lobby at passage #134 to accommodate change in ceiling height. Add $311.00 The foregoing change results in a net increase in the contract of Eight Hundred Thirty Four and 00/100 Dollars ($834.00). Summary: Current Contract Amount $1,350,533.00 Amount of This Change Order ( #11) Add.$ 834.00 Revised Contract Amount $1,351,367.00 Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini & Tries Architects, PC) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 35320706445100 - 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 March 22, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 11, to Tosh Collins Community Center, Senior and Teen Center, General Construction, New Era Construction, Inc., C #92010293, an increase in the amount of $834.00, as more fully described in the above communication, for work relating to the Tosh Collins Community Center contract. Funds for this project are available in CPF 3,5320706 445100- Division of Buildings. PASSED AYES -12 NOES -0 NO. 43 CHANGE IN CONTRACT TOSH COLLINS COMMUNITY CENTER SENIOR AND TEEN CENTER GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Tosh Collins Community Center, Senior and Teen Center, General Construction, New Era Construction, Inc., C #92010293. 1 . Credit for not installing quarry tile base in kitchen/ serving area. Deduct $ 100.00 2. Credit for not cleaning ground faced concrete masonry units. Deduct $2,000.00 3. Credit for not replacing vanity counter top in women's toilet #111. Deduct $ 500.00 4. Credit for not painting conduit and piping in gymnasium ceiling. Deduct $ 300.00 The foregoing change results in a net decrease in the contract of Two Thousand Nine Hundred and 00/100 Dollars ($2,900.00). Summary: Current Contract Amount $1,361,367.00 Amount of This Change Order ( #12) Deduct $2,900.00 Revised Contract Amount $1,348,467.00 Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini & Tries Architects, 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 35320706 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved That the above communication from the Commissioner of Public Works, Parks and Streets dated March 22, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 12, to Tosh Collins Community Center, Senior and Teen Center, General Construction, New Era Construction, Inc., C 492010293, a net decrease in the amount of $2900.00, as more fully described in the above communication, for work relating to the Tosh Collins Community Center contract. Funds for this work are to be credited to CPF 3,5320706 445 100- Division of Buildings. PASSED AYES -12 NOES -0 NO. 44 INCREASE IN CONTRACT BURKES GREEN - ELECTRICAL (CONTRACT NO. 92010492) We are requesting permission of Your Honorable Body to increase the above Contract No. 92010492 with Goodwin Electric Corporation in the amount of $10,883.0 for a total contract amount of $35,328. This change order will allow the contractor to install underground electric service to the project. The price for the work has been found fair and reasonable our Consultant, Peter J. Smith & Company. Funds for this work are available in Bond Account 36400706. Summary Contract Amount $24,445 Change Order 10,883 New Contract Amount $35,328 Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 12, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue an increase in contract with Goodwin Electrical Corporation, Contract No. 92010492 in the amount of $10,883.00, as more fully described in the above communication, for work relating to Burkes Green - Electrical. Funds for this project are available in Bond Account 36400706. PASSED AYES -12 NOES -0 NO. 45 INCREASE IN CONTRACT BURKES GREEN - GENERAL (CONTRACT NO.92010482) We are requesting permission of Your Honorable Body to increase the above Contract No. 92010482 with Wilsandra Construction in the amount of $1,200 for a total contract amount of $64,000. This change order will allow the contractor to remove, level and reset additional large perimeter cap stones that became unstable after the start of construction. T price for the work has been found fair and reasonable by our Consultant, Peter J. Smith & Company. Fund for this work are available in Bond Account 36400706. Summary Contract Amount $62,800 Change Order 1,200 New Contract Amount $64,000 Mrs. LoTempio moved: That the above communication from the Commissioner Of Public Works, Parks and Streets dated March 12, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue an increase in contract with Wilsandra Construction, Contract No. 92010482 in the amount of $1,200.00, as more fully described in the above communication, for work relating to Burkes Green - General. Funds for this project are available in Bond Account 36400706. PASSED AYES -12 NOES -0 NO. 46 INOPERABLE FIRE HYDRANTS ITEM #163, C.C.P. 3/05/02 The referenced item was sent to this department for comment. At the current time, nineteen (19) hydrants in the Masten District are in need of repair. Our crews have focused on completing repairs that were most heavily damaged during the December storm. We have made sure that no area has multiple hydrants out of service in any block. Our "out of service" report is updated regularly and shared with the Fire Department. Out of service hydrants are clearly marked so that firefighters can immediately determine if a hydrant is inoperable. RECEIVED AND FILED NO. 47 PIPELINE WITHIN ROW- BAILEY AVE. ITEM #43, C.C.P. 3/05/02 This Department has reviewed the comments of the Commissioner of Fire relative to the installation of a pipeline within the right of way of Bailey Ave. We agree with the requirement established by the Fire Commissioner, and we have no objections to the installation provided that a permit is applied for by the installer from the City Engineer. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 48 236 DELAWARE AVENUE REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mr. Matthew Dole, owner of the Quote Bar, located at 236 Delaware Avenue, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure 80 feet in length and project '10 feet from the building face into City right of way. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said sidewalk cafe provided the following conditions are met: 1 . That the applicant obtain any and all other City of Buffalo permits necessary. 2.That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the sidewalk cafe does not exceed 80 feet in length or extend more than 10 feet from the building face. 4.That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right of way from November 15 to April I each year. 6. That the applicant be assessed the annual fee of $1.30 per square foot of City right of way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7.That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD. NO. 49 SOUTH PARK AVENUE LIFT BRIDGE OVER BUFFALO RIVER EMERGENCY BEARING REPLACEMENT BIN #2260650 PIN #5756.61 CCP #36 OF 10/5/99 This is to advise your Honorable Body that I have advertised and received public bids on March 20, 2002 for Counterweight Trunnion Bearing Replacement for the South Park Lift Bridge. The following bids were received: Contractor Total Bid Price 1 . Hohl Industrial Services, Inc. $611,089.00 2. A & L Inc. $639,000.00 1 hereby certify that the lowest responsible bidder for the above project is Hoh Industrial Services, Inc. in the amount of $641,644.00 (base bid of $611,089.00 plus 5% unit price increases $30,555.00 equals total encumbrance of $641,644.00). The engineer's estimate for this work 1: $621,000.00. 1 therefore recommend that your Honorable Body authorize a contract award to Hohl Industrial services in accordance with their low bid on March 20, 2002. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works dated March 21, 2002, be received and filed; and That the Commissioner of Public Works be, and he hereby is authorized to award a contract for Counterweight Trunnion Bearing Replacement for the South Park Lift Bridge, to Hohl Industrial Services, Inc., the lowest responsible bidder, in the amount of $641,644.00 (Base Bid $611,089.00 + 5% unit price increases $30,555.00 = Total Encumbrance of $641,644.00). PASSED AYES -12 NOES -0 NO. 50 TRADE -IN OF VARIOUS VEHICLES The Streets Division of this department currently has 10 surplus 1999 Universal Handling transfer trailers bearing departmental numbers S405 through and including S414. They also have two surplus 1989 Mack solid waste packers numbered S 1 10 and S 1 11. Buffalo Truck Center has offered to accept these vehicles as trade -ins toward parts and the repair of snow removal vehicles. We currently owe approximately $20,000 on each trailer, and Buffalo Truck is offering $22,000 for each. They are also offering $5,000 for each of the packers. Our Fleet Coordinator advises that the amounts being offered are fair and equitable. We are, therefore, requesting the Common Council's authorization to accept the offer from Buffalo Truck Center. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF POLICE NO. 51 B. GRANT - B. MCGEE - INCIDENT AT ALDI'S STORE -MAIN STREET: 487 CCP MARCH 19,2002 In response to B. Grant - B. McGee - Incident at Aldi's Store -Main Street; E- District has received 17 calls for service since December of 2001 to the Aldi Store located at 3060 Main Street. The majority of these calls were priority 4 or 5 which doesn't require an immediate response. I specifically investigated the 2 incidents that you referred to in your letter and the following is the result of this investigation. The problem with the incident oil February 25, was that security called the district house instead of 911. Apparently the desk person w6ted for a car crew to come into the station, instead of calling 911 themselves. In the future Aldi should call 911 direct. I have also informed the district that in the event someone calls the district instead of 911 that they should immediately direct the call to radio dispatch. The incident on March 4, 2002 customer trouble came into 911 at 1921 hi -s. It was dispatched at 1945 hrs 23 minutes after it was received. The officers responded immediately. The problem here does not lie with the officers, but because it was a busy night, 911 dispatch did not have a car available to send immediately. As a result the call (a priority 3) was held by dispatch until a car called back in service. In the future, I hope that these problems will be resolved and that our response time will improve. If you have any further questions in this regard, feel free to contact me at 85 1 -4527. Thank you. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION FROM THE CORPORATION COUNSEL NO. 52 DUNN TIRE PARK LEASE This is in response to your new proposal dated March 22, 2002 concerning the Dunn Tire Park lease. I have reviewed the proposal with my clients and have the following thoughts and comments: 1.The original term sheet envisions the Bisons keeping all of the revenue (i.e. approximately $1.1 million dollars) and the Bisons paying all operating expenses. The substance of your proposal appears to be that the Bisons will keep all revenue and the City would pay the majority of the maintenance expenses. 2. The Bisons want the City to pay for the costs of casualty insurance. Previously, the Bisons agreed that the insurance would be purchased by the City and the Bisons would reimburse the City. Casualty insurance is a routine operating expense of the stadium that the Bisons should pay for out of the additional revenue. 3. User fees are annual expenses of the stadium. The City of Buffalo would consider paying the cost of the garbage user fee. 4.The Compliance with Laws section must be clarified. I spoke with Marty Clifford about this. He stated that this was meant to cover a design change in the event a law was changed. I do not have a problem with this concept. However, the proposed language is too general and could be interpreted as covering routine maintenance. 5. On the issue of capital expenditures, the City must retain the right to direct how the County's capital funds would be used on the stadium it owns. 6. The City is not clear on your language concerning Excess Capital Repairs. 7. In the "Orderly Transition" paragraph, you need to clarify or itemize the equipment you are referring to. Any agreement that is reached will ultimately require Common Council approval. At a recent meeting, Councilmembers expressed to me their feeling that the original lease is very favorable for the Bisons. In your recent proposal, the Bisons are asking the City to allow it to keep all revenues and have the City pay the majority of annual maintenance expenses. In order to respond to the Council's issues, I need from you an itemization of what costs the Bisons will be assuming, if any, under your most recent proposal. If the Bisons wish to reach a new agreement, we must have one that is fair, balanced and will be able to be justified to the Common Council and the community. Very truly yours, Michael B. Risman Corporation Counsel REFERRED TO THE COMMITTEE ON FINANCE NO. 53 CERTIFICATE OF APPOINTMENT Appointment Effective: July 23, 2001 in the Department of Law to the Position of Typist, Temporary Appointment from Open Competitive List at the Starting Salary of $ 26,505 Linda S. Kowalski, 44 University, Buffalo, New York 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 54 USED CAR DEALER 346 HOPKINS Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 346 Hopkins and find that as to form it is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I rind it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Gary L Toner. The attached thereto for Gary L Toner d /b /a Turtles Automotive. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE BUFFALO SEWER AUTHORITY NO. 55 ANNUAL REPORT 2000 - 2001 -FY Dear Clerk's Office: Enclosed is the Buffalo Sewer Authority's Annual Report for the 2000 -2001 fiscal year. If you would like to update your information for, or be removed from, this mailing list, please e-mail: evelynPasa.ci.buff;a1 o.nv.us Thank you. Sincerely, BUFFALO SEWER AUTHORITY Anthony A Hazzan General Manager RECEIVED AND FILED FROM THE CITY CLERK NO. 56 MINUTES OF THE BOARD OF ETHICS Attached please find the minutes of the February 19, 2002 Board of Ethics meeting. City of Buffalo Board of Ethics Meeting February 19, 2002 Present: Douglas Coppola Charles L. Michaux, Ell Michael Risman Gary Mucci David Hayes, of Counsel Excused: Richard Sullivan James Magavern Charles Carr Guests: Kathleen O'Hara, Comm- Human Resources Brian Meyer, The Buffalo News The board opened its meeting by welcoming its newest member to the Board, Mr. Gary Mucci. Mr. Coppola just prior to the beginning of today's meeting swore in Mr. Mucci. Mr. Mucci— Sr. Partner with Saperston & Day P.C. will fill the unexplored term of Lourdes Iglesias, "ho has resigned. His term will expire September 4, 2003. Mr. Coppola then moved to accept the minutes of the January 15, 2002 meeting, seconded by Mr. Mucci. All were in favor. The board then moved to a letter received from North District Council Member Joseph Golombek, Jr. regarding his attendance at a Buffalo Sabres Game, tickets and dinner provided by Adelphia Cable. The board asked Mr. Hayes, Corporation Counsel to send Mr. Golombek a response stating that the board assumes that the value to the dinner and Sabres tickets he referred to in his correspondence did not exceed $100.00, the threshold under the Code of Ethics, section 12 -11 (A). If so, there is no conflict of interest, however should there be a difference the board asks that he advise otherwise. Mr. Risman noted that the spirit of the deal with Adelphia has already been approved and that Adelphia's intentions were to keep the Council and the public advised every step of the way on how the project is going. Mr. Risman also stated that he did not know that this could truly be viewed as an influence. That it should be viewed as more of an informational abatement. Again, Mr. Coppola suggested that a letter be sent to Council Member Golombek, Jr. as stated earlier and Mr. Michaux suggested that it be CC'ed to all Council Members. Items #4 - 6 were received and filed- 4.) Letter from David Hayes, Corp. Counsel RE: - PERB Decision /Bflo. Police Dept. 5.) Response to Mr. Kless - request for a copy of the Dec. 12, 2001 board minutes. 6.) Copy of a letter from Bruna Michaux, Sr. Tax Admin. - to Tax & Assessment Employees regarding Gifts & Financial Benefits section, Code of Ethics. All were in favor. The board then moved to the list of non - filers. On this date it was reported that 39 departmental personnel and 67 board members have still not filed their annual disclosure statement. Mr. Hayes noted that the next step would be to send letters to all of the non - filers giving them 10 days from date of letter to file. Should they fail to file by this date, hearings will then be arranged with a judicial hearing officer at which point the board hears from each individual as to why he /she have not filed. A factual finding is made at this hearing and is brought back to the board for final decision. The next meeting of the Board of Ethics was set for March 19, 2002 in room 1317 City Hall at 9:00 am sharp. Meeting adjourned. RECEIVED AND FILED NO. 57 DISPOSITION OF RECORDS Attached please find the following disposition of records from the following departments: LAW DEPARTMENT RECEIVED AND FILED NO. 58 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 451 Elmwood Ave Inc Nektar's Nektars 257 Franklin Street Buffalo Pub Concepts Buffalo Pub Concepts Inc (Mc ees 3151 Main street The Steer Peanut Gallery Tracy Street Productions Inc 71 -75 Chippewa St Zoobar Inc Zoobar Inc RECEIVED AND FILED NO. 59 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: XPublic Works, Streets & Parks- Raymond Canfield X Police- Kelly Joyce x Community Services- Joanne Barba x Permit and Inspection Services- Thomas Brodfuehrer RECEIVED AND FILED. NO. 60 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: X Buffalo Sewer Authority X City Planning Board RECEIVED AND FILED NO. 61 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 1, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II, Seasonal Non - Competitive at the F1 at Starting Salary of $8.15 Donald Palmer, 31 Philadelphia, Buffalo, NY 14207 Brian Poblocki, 245'Willett, Buffalo, NY 14206 Jerry Rainey, 228 Orange Street, Buffalo, NY 14204 Philip Pugh, 41 Dempster Street, Buffalo, NY 14206 Noel Meadows, 107 Appenheimer, Buffalo, NY 14214 Michael Renaldo, 86 Norwalk, Buffalo, NY 14216 Glenn Bender, 266 Lisbon, Buffalo, NY 14215 Kenneth Jacobs, 44 Seventh Street, Buffalo, NY 14201 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 Beutler Sue, 35 Melrose, Buffalo 14220 Cardin Evelyn, 41 Helen, Buffalo, NY 14213 Morey Joanne, 8 Taunton Place, Buffalo 14216 Radominski Stephen, 133 Weimar Buffalo 14206 Radominski Virginia, 133 Weimar, Buffalo 14206 Scanlon Stephen, 57 Mariemont, Buffalo 14220 Steele, Karen, 24 Eden St. , Buffalo, NY 14220 Daniel Wachowicz, 81 Barnard, Buffalo, NY 14206 Certificate of Appointment Appointment Effective: March 26, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II, Seasonal, Non - Competitive at the Flat Starting Salary of $ 8.15 Leamond Turner, 438 Richmond Avenue , Apt. 1, Buffalo, NY 14213 Certificate of Appointment Appointment Effective March 25, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II, Seasonal Non - Competitive at the Flat Starting Salary of $8.15 Anthony Nigro, 28 Wellington, Buffalo, NY 14216 Paul Podsiadlo, 282 Cumberland Avenue, Buffalo, NY 14220 Ronald Richter, 494 Colvin Avenue, Buffalo, NY 14216 Sylvester Robinson, 254 Orange Street, Buffalo, NY 14204 Joseph Slomba, 190 O'Connell, Buffalo, NY 14210 Edward Tooles, 59 Rose Street, Buffalo, NY 14204 Ernest Watson, 170 Reed Street, Buffalo, NY 14211 Jamell Moman, 134 Isabelle Street, Buffalo, NY 14207 Certificate of Appointment Appointment Effective March 21,2002 in the Department of Public Works, Parks, Streets, Division of Parks to the Position of Laborer II, Seasonal, Non competitive at the Flat Starting Salary of $ 8.15 ph Gerald Bettingen, 925 West Avenue, Buffalo 14213 William Cornell, 115 15th Street, Buffalo, NY 14215 Daniel Griffith, 608 Tonawanda, Buffalo 14207 Jason Stock, 46 Britt, Buffalo 14220 Certificate of Appointment Appointment Effective March 19, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II, Seasonal Non - Competitive at the Flat Starting Salary of $8.15/hr Mario DiBartolomeo, 467 Hinman Avenue, Buffalo, NY 14216 James Paul, 64 Pavonia Street, Buffalo, NY 14207 Certificate of Appointment Appointment Effective March 18, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II, Seasonal, Non - Competitive at the Flat Starting Salary of: $8.15/hr James LeGrand, 48 Glenwood, Buffalo, NY 14208 Anthony Moye, 600 Sycamore Street, Buffalo, NY 14214 Rory Newton, 64 Fox, Buffalo, NY 14212 David P. Zielinski, Jr. 224 Geary Street, Buffalo, NY 14210 Ernest Riley, Jr., 692 Northampton, Buffalo, NY 14211 Jeffrey Cornman, 122 Brinton, Buffalo, NY 14214 James Dempsey, 190 Melrose, Buffalo, NY 14210 Terry Freeman, 410 Clinton Street, Buffalo, NY 14204 Michael LaFrano, 332 Grant St., Apt. 2, Buffalo, NY 14213 Certificate of Appointment Appointment Effective: March 18,2002 in the Department of Public Works, Parks, Streets, Division Of Recreation to the Position of Lifeguard Seasonal Appointment at the Flat Starting Salary of $ 6.25/hr Christine Zwawa, 37 Junior Avenue, Buffalo 14210 Certificate of Appointment Appointment Effective: March 25, 2002 in the Department of 49- Stadium and Auditorium Seasonal, Non - Competitive at the Flat Starting Salary of $8.15 Eric Anderson, 94 Lombard Street, Buffalo, 14206 Pedro Marquez„ 517 Fourth Street, Buffalo, 14201 Robert McDow, 1 Maryner Tower, Apt. #702, Buffalo, 14201 Gary Moore, 230 Niagara St. Apt. 303, Buffalo, NY 14201 Steven Thompson, 160 Woltz Avenue, Buffalo, 14212 Roderick Cameron, 438 Richmond Avenue, Apt. #204, Buffalo, 14222 Certificate of Appointment Appointment Effective: March 21, 2002, in the Department of 49- Stadium and Auditorium, Division of 1 -Dunn Tire Park to the Position of Laborer II, Seasonal, Non - Competitive at the Flat Starting Salary of $ 8.15/hr Cynthia Anderson, 639 Grant St Apt #2, Buffalo, 14213 Mohammed Bahlamish, 389 Grider Street, Apt. #1, Buffalo, 14215 Wanda Barnes, 1942 South Park Ave, Buffalo, 14220 Joseph Gonzalez, 65 Beatrice Ave, Buffalo, 14207 Carrie Issacs, 33 Churchill Street, Buffalo, 14207 Darlene Swenton, 310 Newfield Street, Buffalo, 14207 NO. 62 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', \4aximum (as per contract requirements) . REIFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment Effective: March 18, 2002 in the Department of Community Services, Division of Contract Administration to the Position of Supervisor, Temporary As Required, at the Flat Starting Salary of $ 6.50 p /hr Jeffrey Bishop, 39 Meech, Buffalo 14208 Tariq Hakim, 1 Elton, Buffalo 14208 Jodi Miller, 167 Whitney, Buffalo 14201 CERTIFICATE OF APPOINTMENT Appointment Effective: March 27, 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 Darnell Haywood, 23 Cayuga, Buffalo 14211 CERTIFICATE OF APPOINTMENT Appointment Effective: March 26, 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 Andrew Golba, 240 Davey, Buffalo 14206 CERTIFICATE OF APPOINTMENT Appointment Effective: March 22, 2002 in the Department of Community Services, Division of Contract Administration to the Position of Attendant — Seasonal - Temporary at the Flat Starting Salary of: $ 6.00 p /hr Samara Abrams, 309 Elmwood #7, Buffalo 14222 Matthew DeBow, 359 Florida, Buffalo 14208 Daniel Johnson, 165 Brinkman, Buffalo 14211 Rudolph Laster, 296 Northland, Buffalo 14208 Jay Ringulet, 241 Greene, Buffalo 14206 Linda Hampton, 56 Capen, Buffalo 14214 CERTIFICATE OF APPOINTMENT Appointment Effective: March 18, 2002 in the Department of Community Services, Division of Contract Administration to the Position of Attendant, Temporary at the Flat Starting Salary of 6.00 p/h Brian P. G. Gordon I, 350 East North, Buffalo 14204 Laura Gomez, 200 Orlando, Buffalo 14210 Marcel Grant, 193 Jewett, Buffalo 14214 Majid Hakim, 1 Elton, Buffalo 14208 Eric Marshall, 1483 South Park, Buffalo 14220 Certificate of Appointment Appointment Effective April 1, 2002 in the Department of 49- Stadium and Auditorium, Division of I -Dunn Tire Park to the Position of Laborer II Temporary Appointment at the Flat Starting Salary of $10.25/hr Gerald Lewandowski, 173 Eden Street, Buffalo, 14220 James Delmont, 106 Hartwell Road, Buffalo, 14216 Matthew Kwietniewski, 141 Kenefick Avenue, Buffalo, 14220 John LoTempio, 57 Wilbury Place, Buffalo, 14216 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS No. 63 Kensington Expressway Safety & Operation Thank you for your March 12, 2002 letter regarding the safety and operational analysis of the Kensington Expressway. The study is currently in the data analyzation stage. Progress meetings are held monthly involving our consultant performing the study (Bergmann Associates), the Greater Buffalo- Niagara Regional Transportation Council (GBNRTC), and the New York State Department of Transportation (NYSDOT). These meetings currently help insure that data is exchanged in a timely manner, and that the study is progressing as planned. At this point, no draft report has been completed for this study. Local input will be a very valuable and important part of this study. Local municipalities will be invited to attend meetings to view and discuss the collected information, and to offer input regarding alternatives identified by the Study. While no formal meetings have been scheduled as yet, we anticipate these meetings with the local municipalities to be held later this spring or summer. Our consultant will work with the City of Buffalo and other involved municipalities to establish a contact person who will be notified of these meetings when the study has progressed to this point. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 64 DUNN TIRE PARK We have a copy of your letter dated March 26, 2002, to Mr. Dandes containing the City's partial response to the Bisons' proposed resolution of open issues dated March 22, 2002. In your letter, you asked for clarification of the items set forth in your letter as items 4, 6 and ',7. In the hope that clarification will enable the City provide a complete response with respect to the proposal, please note the following with respect to each of said numbered items: 4. Compliance With Laws. Code Repairs, as defined in the proposal, would be limited to improvements, alterations, replacements etc. made necessary solely by reason of the application of a law, code etc. requiring a physical change to the facility not made necessary by reason of a failure to maintain the facility or to perform ordinary repairs to it. Examples would include a change in applicable codes requiring modifications to handicapped access facilities, sprinkler systems, parking, facilities etc. Code Repairs are not intended to include repairs etc. made necessary by reason of a failure to maintain the facility e. g. deterioration of concrete walks ramps to the point of violation which would have complied with applicable code but for failure to properly maintain the same. 6. Excess Capital Repairs. Excess Capital Repairs, as defined in the proposal, would consist of those capital repairs that do not consist of capital repairs made necessary by reason of a change in laws (see above) or destruction, or those capital repairs funded by the County's $5,000,000 capital improvement fund. In other words, if a capital repair is needed but is not made necessary by reason of destruction or compliance with laws, the City will need to pay for the same if the same is not funded by the County's capital improvement fund. 7. Orderly Transition. The equipment to which the proposal is intended to refer is that equipment which is subject to the existing lease with the City, which I understand consists of all City equipment presently located at the facility (and, perhaps, some City equipment which used to be at the facility but which "grew legs "). The practice of City personnel "borrowing" equipment located at the facility and using it on other City projects disrupts the ability of the City and the Bisons to efficiently perform maintenance at the facility. Presumably, the foregoing should assist you in preparing a full response to the Bisons' proposal, which, of course, would aid all parties in further narrowing and ultimately resolving the remaining open issues. To that end, I would ask Mr. Cominsky by copy of this letter to him to contact his client to confirm the acceptability the Bisons' proposal by the County, which has not yet responded to the proposed resolution. I would remind you that but for limited exceptions the Bisons' proposed resolution of open issues contemplates an assumption by them of all risks associated with producing revenues at the facility and all risks associated with operating expenses incurred at the facility. Based on that proposal, which does include retention by the City of those limited obligations set forth in Mr. Dandes' letter to Mayor Masiello dated March 22, 2002, which was requested by the Mayor and to which we have yet to receive an itemized response, the retention by the Bisons of the approximately $1,100,000 in revenue currently paid to the City will place the Bisons into nothing more than a substantially "break- even" position. That absence of any material gain from the proposal, of course, is in keeping with our client's understanding and desire that any resolution of the open issues must be fair to all parties concerned, including the County. the City, Bisons fans and the community as a whole. As you know, the need for that kind of resolution, and our client's willingness to meet that need, was mutually agreed to and recognized by Mr. Dandes in his recent meeting with Council President Pitts. The Bisons will continue to work toward that kind of resolution. Once you have reviewed and considered the above, please call me to discuss (and hopefully resolve) any issues raised or left unresolved by the Bisons' proposal. Thank you for your assistance in this matter. REFERRED TO THE COMMITTEE ON FINANCE NO. 65 NANULA — COB INVENTORY RESCHEDULED DATE OF CITY INVENTORY OF COB OENED, LEASED VEHICLES In January 2002, your department was delayed, due to weather, in its efforts to conduct an inventory /review of all City of Buffalo owned or leased vehicles. Per date, I am unaware of a rescheduled date. I would like to encourage your off ice to reschedule the vehicle inventory as soon as possible. As you are aware, the Common Council will be reviewing the proposed budget for the 2002 -2003 fiscal year during May. It is imperative that we have as much information as possible as we determine any changes to each City Department's budgetary requests, requests that will include vehicle allocations. I understand that the fiscal crisis effecting the City of Buffalo, in addition to the many duties your office handles has kept your personnel very busy, but I do urge you to find the time to reschedule the inventory of the City's vehicles at your very earliest convenience. Please keep the Council informed of the pending date and file your findings with the Common Council, 1308 City Hall, Buffalo, NY 14202, immediately upon completion. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 66 B. BISTANY — CONCERNS — LASALLE PARK I hereby submit for filing copies of a letter from Barbara Bistany. Ms Bistany is writing to express her concerns regarding LaSalle Park following the March 9th and 10th 2002 storm. Copy available in City Clerks Office REFERRED TO THE WATERWAYS SUBCOMMITTEE, THE DIRECTOR OF STRATEGIC PLANNING AND THE COMMISSIONER OF PUBLIC WORKS No. 67 R. GIBSON — CONCERNS — FLOWER POT I hereby submit for filing copies of a letter from Rosa Gibson. Ms. Gibson is the President of the Community Action Information Center. She is asking the City to place back a structure that was Moved during a city project in her neighborhood. As part of the Community Action Information Center's neighborhood beautification project, we have a large flowerpot (weighing approx. 900 lbs.) on the comer of Best and Pershing Streets, Buffalo, NY 14208. During the winter one of the Streets and Sanitation Department's trucks managed to move that pot from its original location (in between the street and the sidewalk) to all the way up on the side walk. We can accept the fact that the City, due to its financial crisis, probably will not be able to replace the pot, which was also damaged when it was moved. However due of the size and weight of this pot, we do not have the manpower to move it back to its original location. Therefore, we are requesting that your department make good by moving -this pot back to where it was originally. Many thanks for your prompt attention to this matter. Please respond to our request in writing. REFERRED TO THE COMMITTEE ON STREETS SERVICES AND THE COMMISSIONER OF PUBLIC WORKS No. 68 M. keane - # OF FIRE DEPT MEMBERS WHO LIVE OUTSIDE OF CITY I hereby submit for filing copies of a letter from Margaret C. Keane. Ms. Keane is the Deputy Fire Commissioner for the City of Buffalo. She has provided the information requested by my office regarding how many members of the Buffalo Fire Department -Local 282 live outside of the city limits. As per your request, there are 831 members of the Buffalo Fire Department -Local 282 of which 367 live outside the City of Buffalo and 464 live within the city limits. If I can provide any further information, please do not hesitate to call. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 69 PEDESTRIAN SAFETY /STREET MAINTENANCE LEROY — FILLMORE AVE I hereby submit for filing copies of a letter from Council member- at- Large Charley H. Fisher, III regarding pedestrian safety and street maintenance in the Leroy - Fillmore Area. There are several community issues that have been noticed in the Leroy - Fillmore Area that need to be addressed by the City of Buffalo to ensure the safety of local residents. Upon taking a drive in the stated community, it is apparent that there has been some neglect in the maintenance of the streets and sidewalks. From Kensington Avenue to Fillmore Avenue to the Central Park Plaza and all of the streets in between, there is a myriad of problems regarding pedestrian and vehicle safety. This memo will concentrate on Leroy Avenue because it is a lifeline in this area, and even though it is actually a short street, it is the home to several entities. Leroy Avenue sits between the Central Park Plaza and Kensington Avenue. This street which is about a mile long, has a fire station., 2 schools, 1 playground, 1 drug store, 1 deli, a beauty salon, 3 churches, at least 33 community based organizations and several homes. This Street is a through fare for pedestrian children, disabled adults and senior citizens, not to mention bicycles and motor vehicles. Although there is so much traffic in this area, there are no speed limit signs posted. The lack of street maintenance in this entire area is immense. The curbs are less than I inch thick, creating an atmosphere where vehicles have no boundaries, and pedestrians have no comfort zone. The lack of curbing creates drainage problems and huge puddles on the sidewalks, which makes it difficult for wheelchair access (there is a facility in the y Central Park Plaza for disabled residents). There are no bike racks or lanes for bicycle traffic. On Holden Avenue, cars are parked on what should be the sidewalk because there is no clear boundary between street and sidewalk due to the weathered and worn curbs. The patches of dirt from the sidewalk area to the street, has remnants of green grass, which actually existed before the mud baths destroyed it. There is no reason that any area, in any part of this great City should not have sidewalks! The Central Park Plaza has a lot next to Fleet Bank that is litter with debris. There is also a field of trash in a huge lot on Pauline Street, even though right across the street are brand new homes and a few that are under construction. Brewster Street, off of Leroy Avenue has several abandoned homes with broken glass and at least 3 abandoned unregistered vehicles. On Jewett Avenue, there is an abandoned car haphazardly, diagonally parked in the middle of the street. One block over from Leroy Avenue, you will find Kensington Avenue from Grider to Filllmore, which is about 1 /2the length of Leroy. On this "race track" you will notice that there are no stop signs, red lights or speed limit signs once again. This is a danger to the students at Burguard High School, children visiting Dewey Park, Playground and swimming pool, as well as the patients from Erie County Medical Center and Geneva B. Scruggs Community Health Center. In light of the negatively addressed issues, I would like to reflect that there are some positive developments in the Leroy Area. School 61, has freshly painted crosswalks and there is a new stop light at the comer of Grider and Leroy. There is also the new neon green "Children crossing" sign close to the building. Once you go down Leroy Avenue, closer to Main St. the problems begin to faze out, taking you into a whole, New World. It is clear to see that there is disparity in the way that the streets are presented. In closing, I would like to invite the city workers to take a (hive in this area and see the problems for themselves. Everyone complains that the Eastside looks unmanaged and uncared for. Neighborhood preservation is not the sole responsibility of the residents in a particular community or the City departments. It is the duty of anyone who works or lives in the City of Buffalo. Residents can maintain their homes and yards, but the City of Buffalo, should maintain the streets through its many services. Beautification is not the issue here, but safety is. Although Rome was not built in a day, it was still a force to be reckoned with. just as the legacy of the City of Buffalo will be. REFERRED TO THE COMMITTEE ON STREETS SERVICES AND THE COMMISSIONER OF PUBLIC WORKS No. 70 F. REDD — GREATER BUFFALO SAVINGS BANK — DEBT TO CITY I hereby submit for filing copies of a letter from Franklin D. Redd, Jr. Mr. Redd is expressing his views on the Greater Buffalo Savings bank and their debt to the City of Buffalo. I believe Greater Buffalo Savings Bank CRA Report is due out as of3 /1 /2002. This will be the first report issued by the Bank since their inception. To date they operate in Tonawanda, Kenmore and Buffalo. Nothing on the East Side of Buffalo or the initial proposed headquarters located at the Old Braun Cadillac Site. They received significant support from Fannie Mae and a variety of public organizations for their proposed services to the east side of Buffalo. Without which the Baking Department might not have approved the charter to operate. They have a great debt to the east side of Buffalo for which they have not begun to repay Or service REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE DIRECTOR OF STRATEGIC PLANNING AND THE GREATER BUFFALO SAVINGS BANK NO. 71 R. RICHARDSON – SUMMARY – BERC'S SMALL BUSINESS MATCHING INVENTORY FUND I hereby submit for filing copies of a letter from Rodney 1. Richardson, Vice President MM/BE and Business Development. Mr. Richardson has provided a summary of BERC's Small Business Matching Investment Fund. For your information, I have enclosed a summary of BERC's Small Business Matching Investment Fund. The Fund, which began with $50,000 in the account, documents the businesses receiving the $1 for $1 matching fund, the location of the business assisted, the investment amount, a brief description of the use of the funds, the national objective met or to be met, and project status. The project status of the first four businesses on the list is completed; the next two businesses, Bella Ju and Grocery Delivery /Super Saver GDS, should be completed this week; the final three business were just approved and the round of paperwork to satisfy HUD requirements just begun. While we have assisted businesses located in various Live Zone neighborhood business districts throughout the city, you will note that 56% of the businesses assisted are located within the minority community, directly benefiting the community. The Live Zone Small Business Matching Investment Fund was established to support retention and growth of existing retail and service businesses and to attract new businesses into Buffalo's Live Zone neighborhood business districts. I have enclosed a copy of the program data sheet and one -page application, which I invite you to duplicate and share with Live Zone neighborhood business owners. If you would like more information, please feel free to contact Jeanine Baran, Neighborhood Business Specialist, at 842 -6923, extension 115. REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE NO. 72 J. SINGLETARY – RANDALL /CLAY INQUIRY I hereby submit for filing copies of a letter from James Singletary, Jr. Mr. Singletary is the Director of Personnel for the Board of Education. He is replying to a correspondence regarding the employment of Mr. Clay, a former employee of the Buffalo City School District. The purpose of this letter is to reply to your correspondence dated March 4, 2002 regarding Mr. Clay's termination of employment with the Buffalo City School District. As you clearly referenced the Hearing Officer Ann R. Pinzler's "Report and Recommendation," a disciplinary hearing was held on April 15 and 29, 1999. Mr. Clay having had union representation, legal counsel and due process pursuant to applicable state law was therefore terminated for misconduct and incompetence. Insomuch as this matter involved facts that go a few years back and that the Hearing Officer's report memorializes the said facts, I respectfully decline your invitation to appear before the City of Buffalo Common Council's Education Committee. REFERRED TO THE COMMTEE ON EDUCATION NO. 73 VAR. ITEMS WATERWAYS SUBCOMMITTEE I am filing the following attached items for review and consideration by the Common Council: 1. The agenda for a recent meeting between the US Army Corps of Engineers and citizens regarding conditions in LaSalle Park. 2. Approved minutes from the January 24, 2002 meeting of the Waterways Subcommittee. 3. Approved minutes from the February 21, 2002 meeting of the Waterways Subcommittee. This meeting has been requested for the purpose of identification and discussion of the following issues and problems concerning LaSalle Park, that have been greatly compounded following the tremendous windstorm which occurred on 3/9/02 and 3/10/02. Winds were clocked at over 60mph. The issues are as follows: I . The necessity to keep LaSalle Park closed until all repairs are completed. Approximately 350ft of chain link fence still remains down at the Colonel Ward Pumping Station. Buffalo Water Authority is aware. Security is compromised and poor. 3. IMMEDIATE ACTION is needed to correct serious liability and safety hazards that exist. They are as follows: "'Sixty five sinkholes ranging from depths of I ft to 9ft exist between the seawall and Riverwalk. "'Guardrail loose along the seawall in many sections. "'Two bolts at the base of the Harbor Entrance Light pulled out of concrete due to the undermining. "'Asphalt park roadway lifted and broken leaving large gaping holes. "'Large tree fallen across park roadway. "'Debris, tree roots, stones and gravel covering large sections of roadway. — Children's playground area is full of lake debris. "'Nineteen trees along seawall undermined with roots exposed. "'Metal guardrail located at former boat launch site torn completely off. Large tree trunks, branches, debris, and garbage is washed ashore in front of residential area and into Riverwalk. 4. No further projects initiated in LaSalle Park until the seawall (bulkhead) is reconstructed and stabilized. Our Committee is hopeful that the US. Army Corp of Engineers and other representatives present here today will make a dedicated effort in addressing the concerns identified and provide an immediate plan of action and a stepped up initiative to forge ahead with funding (Federal, State, County City) to complete the LaSalle Park Master Plan.. Additionally, our Committee is requesting a follow Lip meeting within a month if possible. Thank you for your attention and willingness to meet today. REFERRED TO THE WATERWAYS SUBCOMMITTEE, THE DIRECTOR OF STRATEGIC PLANNING, AND THE COMMISSIONER OF PUBLIC WORKS NO. 74 P. HOTUNG – REQ COB PURCHASE MAIN PLACE PKG FACILITY I hereby submit for filing copies of a letter from Patrick Hotong. Mr. Hotong is the General Manager of the Main Place Liberty Group. He is requesting that the City of Buffalo purchase the Main Place Parking Facility. Thank you for taking time on October 26, 2001 to meet with Tony Colucci and me to discuss the potential purchase of the City's remaining interest in the Main Place Parking Facility. Following up on our discussion, we have prepared a proposal in the form of a letter of intent for your consideration. That letter of intent is enclosed. Our offer to purchase the City's 17.5 -year interest in the operation of the Main Place Parking Facility is structured to benefit both our property and the City's interests. As you know, Main Place: Liberty Group currently does not control the parking facility beneath the Main Place Mall and adjacent Liberty and Main Place Tower office structures. Gaining access to Main Place Ramp will provide Main Place Liberty Group with the ability to couple first -rate office space with parking. From the City's perspective, sale of the Main Place Parking Facility has several advantages. First, the purchase price would retire the debt remaining from the 1988 facility upgrade. Remaining funds from the purchase price would be available for a new parking facility or the City's general operating fund. Second, sale of this facility to a private owner would return this parcel to the tax rolls, meaning the City would benefit from increased tax revenue from the parking facility alone. Third, hopefully, having parking as an available amenity for prospective new tenants would increase the revenue generated by Main Place Liberty Group, meaning that the tax assessments on the existing structures would increase as well. Fourth and finally, the City would avoid the cost needed to upgrade this facility in the future (some form of upgrade certainly will be required before the City's interest expires in 2019). Sale of the parking facility beneath Main Place Mall has benefit beyond dollars, however. We intend to enhance the cleanliness, security and efficiency of the existing ramp if this sale is consummated. In many ways, this ramp is our front door to the visiting public. The impression one gets by entering our properties from the parking ramp currently is not consistent with our street level entrances. As you know, we have invested several million dollars in our properties over the past 24 months. We would like the opportunity to invest in the ramp as well. The purchase price of $5.5 million was derived from figures initially provided by your administration. Assuming the parking facility generated approximately $675,1000 per year in operating profit over its remaining City -owned life (through June 30, 2019), and a ten percent discount rate, the purchase price is the present value of the City's interest in the ramp. As noted above, the purchase price does not include any deduction for future capital repairs or improvements. Though closing on this transaction is contemplated for the end of this year, we have the necessary funds available and are prepared to close at any time on 14 -days notice. We trust that you and your staff will give this offer serious consideration and look forward to discussing this subject with you at any time. In that regard, you should feel free to contact either Tony Colucci (direct dial: 854 -8671) or me. Once again, thank you for your time on October 26th and your consideration of this matter. REFERRED TO THE COMMITTEE ON FINANCE, THE DIRECTOR OF STRATEGIC PLANNING, BUFFALO PLACE AND THE COMPTROLLER No. 75 D. ALLEN — REQ ADMIN CERT PROGRAM PROCESS — CE /COB JT CERT BD I hereby submit for filing copies of a letter from Mr. Donald 0. Allen. Commissioner Allen is requesting that the administrative certification process for the County of Erie -City of Buffalo Joint Certification Board be re- located back to city side management here in City Hall. After several meetings with City of Buffalo officials, I am requesting that the administrative certification process for the County of Erie -City of Buffalo Joint Certification Board be re- located back to city side management here in City Hall - The City has found far too many instances of companies who have not been certified, or who have applied, been through the process, but never added to the list of County - City certified MM/BE businesses. This is a major concern since we are now involved with the Joint School Board construction project, Aldelphia, and other major projects. If the County is not willing to support this administrative change request, please accept this letter as an official notice that effective, Monday, April 1, 2002, the City will officially separate its certification process from the County, of Erie. Modesto Candelario currently serves on the County of Erie -City of Buffalo Joint Certification Board. I have instructed him to make the necessary changes Work the certification form, and to put into effect a newly appointed City of Buffalo Certification Board. If I do not hear a reply from your office within the next 10 business days, I will assume the County is not willing to accept this request, and the City will move accordingly to make the necessary changes - REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE NO. 76 A.KLEIN CONCERNS COB'S WATERFRONT I hereby submit for filing copies of a letter from Art Klein. Mr. Klien is expressing his concerns regarding the conditions of Buffalo's waterfront. This is further to our discussion at the Waterways Subcommittee meeting, this date, of the bulhead and adjacent areas in LaSalle Park. To qualify myself to speak on this, I retired as an Engineer Technician from the Corps of Engineers in 1990 and up to that time spent thirty years of my life working on virtually every inch of Buffalo Harbor and the adjacent waterways. I am extremely concerned at conditions of our water front and attend the SubCommittee meetings and hearings when time allows. We moved out of the City in 2000 but I retain property in North Buffalo and have not lost any of my concern for Buffalo and remain a member of the Olmstead Conservancy and I am on the Executive Committee of the Sierra Club, Niagara Group. This letter does not represent either group. On March 21, 2002 pursuant to the complaint of Ms Barbara Bistani, Chairman of the LaSalle Park Garden Committee, I investigated conditions landward along the bulkhead fronting LaSalle Park from Porter Avenue to the former Seaplane Ramp near the south terminus of the park. I discovered several sink holes and sunken earth adjacent to the concrete bulkhead in a great many areas. Some of the sink holes were over six feet deep and a couple were over six foot in diameter. I suspect that underlying cribbing or piling has failed and the original backfill is being evacuated by wave action. I found consistent pattern of accelerated slumping near vertical seams that the divide the bulhead. This might be traced to openings in the change -of- materials sectors of the bulkhead. Lower lake levels might contribute to the problem. But I have noted slumps and potholes along the same stretch since the early eighties. Until the backfill areas are stabilized I have no doubt that sizeable portions of the bulkhead could become unstable. I urge the City to investigate current conditions and backfill the potholes quickly. This situation constitutes a clear and present danger to the public. While I was at the site, in bone chilling cold and a gale force winds I encountered no less than six other people walking the path and even a bicyclist. Even blocking off the roadway would allow enough people to slip into the danger zone to surely result in a serious injury or death in the near future. I believe the park and the Colonel Ward Pumping station are threatened by this situation. If the area were subject to prolonged storm surges the bulkhead could totally fail and tumble Iakeward halting all navigation along the Black Rock Canal. I am equally sure that since the area is open to the violence of lake storms the damage along the shoreline would be very extensive before any effective repairs could be made. Sam Puglisi, a city engineer told me that they had already done a study on the bulkhead in 1993 but got no support to seek funding. You should seek -, it now. I urge the City to restore the public safety by filling the sinkholes. Admittedly this is treating the symptom but it could save some small child from extreme jeopardy. REFERRED TO THE WATERWAYS SUBCOMMITTEE No. 77 P. HAZZAN — INQUIRY — SCHILLER PARK I hereby submit for filing copies of a letter from Peter A. Hazzan. Mr. Hazzan is the Principal of Turner Carroll High School. He is inquiring about Schiller Park the new home field for the Turner Carroll Chargers. As per my conversations with you, it is my understanding that Turner /Carroll Chargers will have Schiller Park as their home field for the 2002 football season. Enclosed you will find a copy of our football schedule. When do you expect to have the score clock, bleachers, and lockers rooms in place? Will all of the above be ready for September, 2002. Please contact me as soon as possible to inform me of the status of Schiller Park as the T/C Chargers 2002 Home Field. I will need to reschedule home games if Schiller Park will not be ready. Thank you again for all you are doing for Turner/ Carroll. I look forward to hearing from you. RECEIVED AND FILED NO. 78 M.FENNEL — EXAMINE SCOPE /EFFECTIVENESS OF HUD FUNDING On behalf of Secretary Martinez, thank you for your letter of October 26, 200 1, concerning information requested by Representative John J. LaFalce in his letter to this Department dated July 18, 2001. A copy of Secretary Martinez's response to Representative LaFalce dated November 7, 2001, is enclosed for your information. Also enclosed is a copy of information related to HUD funds awarded to communities in the 29 1h Congressional District that was provided to Representative LaFalce, who has authorized HUD to release the information to you. I hope you will find the enclosed data informative and useful. Thank you for your interest in the Department's programs. Please let me know if I can be of further assistance. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 79 J. GOLOMBEK -CITY OF BUFFALO COMMON COUNCIL REDISTRICTING PLAN Available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON REAPPORTIONMENT NO. 80 B. MARTIN - COMMENTS CITY /ERIE COUNTY COVT 1 . There should be NO city owned vehicles. Let those who now own vehicles get a mileage allowance - or, better still, let them claim their unreimbursed miles on their income tax and let the federal government pay for it. The rest of us have to use our own cars. Many people get called in to work at odd hours. Not only do they not get mileage, they cannot claim the miles to or from work, only the miles actually used on the job. There is no reason why ALL our government people cannot use their own cars. 2.Tell the County Executive and the Mayor to get some people earning between $10,000 and $30,000 a year on their advisory boards. These are the people who are forced to set priorities daily and have a real grasp of what is important and what is not. These are the people who know how to control spending. 3. PLEASE DO NOT agree to a casino. It will not help the city. It will create more poverty and crime. It will not financially benefit us - only Alban, and the y Indians. 4. For next winter's snow storms: We have alternate parking for a reason. Plow the side the cars are not on. Then come back during the day when most cars are not there to plow the opposite side. Then enforce the alternate parking and finish plowing the second side. 5. 1 know there is a lot of controversy about the enforcement of the garbage codes. I do not agree with those who say "every chance the city gets to slap us with a new fee, they do it." This is not a new fee. It is a fine for not obeying the law. There is no reason to pay extra. The city cannot get extra cut of us IF we package the garbage correctly. I do have one problem with the enforcement, however. That is the fine for putting a non - recycle items in the recycle box. I find the instructions for recycle items very confusing. What will happen is that more will end up in the garbage instead of being recycled if we are not sure it can be recycled. That saddens me because there is already too much in the trash and garbage dumps. RECEIVED AND FILED NO. 81 W MCGUIRE- ESTABLISH JOINT LABOR MANAGEMENT COMMITTEES The members of AFSCME Locals 264, 650 and 2651 have a very personal and vested interest in the financial well -being of the City of Buffalo owing to our unique role not only as City employees, the role that City officials and the public generally see us in; but also as taxpayers, a less familiar but equally vital role. When you speak of cutting City services, it is our services that are being cut. When you layoff an employee, he or she is not simply a budget line on a ledger sheet, but our co- workers, neighbors and friends. We are the face of City government who work with the public everyday and bear the ire and frustrations of the citizens of the City of Buffalo. But, we are also taxpayers. Similar to other taxpayers in the City of Buffalo, we value the efficient operation of City government. We deplore waste and inefficiency. We too want our tax dollars to be spent wisely. As a union, we seek to be a part of the solution and not be viewed as part of the problem regarding the difficulties confronting our City. We have met with Mayor Masiello and will continue to work with his administration and commissioners. We have met with you and the members of the Common Council and will continue to work with all of you. We will work with anyone and everyone who has a viable option to correct the financial problems facing the City of Buffalo. Recently, we had the opportunity to hear from Richard Lipsitz, Jr. of Cornell University's School of Labor and Industrial Relations about the establishment of joint labor management committees and how they have helped to resolve problems similar to those that our City is experiencing by identifying cost savings and efficiencies. These structures have succeeded in an array of jurisdictions ranging from cities such as Fort Lauderdale, Florida; Portland, Maine and Indianapolis, Indiana to counties such as Hennepin County, Minnesota and Ulster County, New York to states such as Washington, Indiana and Ohio. The cost savings and efficiencies that they have produced and the manner in which labor and management worked to create them have been written about in such prestigious professional journals such as Public Personnel Management and Quality Cities and have been featured in Working Together which is the report of the U. S. Secretary of Labor's Task Force on Excellence in State and Local Government. These experiences illustrate how the considerable expertise and knowledge that public employees such as ourselves possess about the delivery of services and work processes is an invaluable resource that can and shall be extensively utilized. Should you wish to further pursue this matter with Mr. Lipsitz, by either inviting him to make a presentation before the City Council or meeting with him about these structures, we would also be interested in participating. We would also recommend inviting the Administration to any such presentation since, as the aforementioned experiences with employee involvement or labor management committees demonstrates, the success of these structures requires the cooperation of both the employer and the union. We look forward to hearing from you and forming a working relationship designed to solve the City's fiscal problems. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO. 82 UNION SHIP CANAL - FGEIS, COMMENTS It seems that any comments are fruitless. The die was cast before any public input was allowed about how to use this land. It would have been more sagacious to open up this project to a public forum and debate before it became a "fait accompli ". This concern has been echoed by the Buffalo Planning Board and the Buffalo Environmental Management Commission. 1 . The latest episode was the "emergency" demolition and the unrestrained destruction of animals and emerging habitat. The City has owned the site for many years. Yet it could not wait the short time until the EIS was completed. The report contains only a letter from the Department of Public Works authorizing the demolition. No data is included about accident reports, police reports, citizen complaints, and building condition inspections that would support the emergency demolition. Was the site monitored during the demolition? What environmental management procedures were used during the demolition? How much contaminated soil and debris was pushed into the Canal water? The site is part of the Seaway Trail, a national scenic highway. Scenic views have been destroyed. The replacement will be worse. Shortly after the destruction of the site, the News had an article about the number of dead deer found at Tifft Nature Preserve. The article failed to mention that probably many died because their habitat was destroyed and they had no place to live. 2.. Before the late 1800's this site was marsh and wetlands. See Tifft Farm Nature Preserve Design Study. It should be returned to that character. The Great Lakes watershed, Lake Erie in particular, faces indomitable environmental incursions. Here is an opportunity to improve Lake Erie's coast and water quality instead of adding to the problems. 3. Do Chicagoans have better vision than Buffalonians? " Olmsted's second period of park designing for Buffalo began in 1887. He especially welcomed the new opportunity, since the park commissioners were planning to build a park on the lake four miles south of the city center. He had wished to create a lakeshore park in the 1860's, but the almost universal response from Buffalonians was that they hated the lake with its exposed shore and chill winds. Now he proposed a park that would have much of the landscape character that he and Vaux had earlier envisioned for Jackson Park in Chicago. There would be bathing on the shore of Lake Eric and a large interior lake with islands for picnicking and a four -mile circuit for small boats. In order to provide a foil for Delaware Park and protect the peacefulness of its meadow and lake, he included a space for "parades, exhibitions, balloon ascensions, and public ceremonies. "Much to Olmsted's disappointment, the park commissioners declined to carry out his plan. Instead, they acquired two sites on the south side - - Cazenovia and South Parks. (Olmsted, Designing the American Landscape, Beveridge and Rocheleau) It's not too late to create. 4.The City selected Ciminelli Development to develop this site for office buildings amongst other uses. I can't rationalize this land use in light of the recent news that the City is giving Ciminelli $800,000 in CDBG and $800,000 in HOME funding to convert an office building that Ciminelli owns in downtown Buffalo to residential use. Why would the City subsidize the elimination of offices where they belong and then further subsidize building urban sprawl type offices where they don't belong? The Union Ship Canal site was selected as Buffalo's showcase brownfield remediation site by default because it ran into obstacles in using the former LTV Republic Steel site. Meanwhile Pittsburgh is using its LTV site in its South District to develop projects with urban characteristics; real mixed uses, multi -story buildings, a parking Eqmp, convenient public transit. Buffalo's LTV site is better situated than the Union Ship Canal for light industrial and distribution center uses. While Pittsburgh is creating 2.7 million SF of building space on 110 acres, Buffalo is proposing creating only I million SF of building space on 180 acres. A Floor Area Ratio analysis will show that the Union Ship Canal project is an inefficient use of prime land. it truly is urban sprawl. Cooperation within the region makes more sense than competition. Vacant properties exist at many suburban commercial developments (greyfields). 6. Frankly most of the City of Buffalo is not well situated for businesses requiring numerous large trucks. Such businesses should be located near interstate highways. The Union Ship Canal site has extremely poor highway access. This project is related to the Peace Bridge. A second Niagara River crossing should be built north of the present bridge, either at the International Railroad Bridge or through Grand Island. In any event, truck traffic should not be promoted through downtown Buffalo. Truck traffic to and from Canada should be routed east and north of the city. 7. Natural Resources - The EIS report does not include anything about the need for continuous habitat corridors. These are critical for wildlife sustainability. This project destroys habitat corridor opportunities. Look at Toronto's waterfront plans. 8. Environmental Justice (C -9 1) - Environmental justice is more than just about this project's effect on neighboring communities. Project priority should be given to brownfield sites within Buffalo's residential neighborhoods where people have been waiting for years for environmental cleanup; Ferry Street, Babcock Street, Hickory Woods. 9). Lackawanna's adjacent industrial development area has already created environmental concerns for residents in South Buffalo and Lackawanna. City of Lackawanna efforts to rezone other property along Wilmuth Avenue in the city's first ward have been met with strong opposition from residents. Lackawanna's industrial area has done nothing to improve the neighborhood along Ridge Road. All it's done is add more noise and truck traffic. 10. Shipping, - At one time industry needed to be along waterways since they depended upon shipping. This is not the case for the types of industries scheduled for this project. Build them away from the take. 11. How will surface runoff from roads, parking lots, and roofs be handled? Will retention and /or detention ponds be used? If so what are the design standards? Will localized wetland treatment processes be used? Will there be separate storm and sanitary sewers? 12. What is the projected period for complete buildout? How will access to contaminated sites be controlled before they are remediated? 13. Do conditions allow for underground utilities throughout the site? 14. Will projects be subject to LEED certification? 15. Will phytoremediation be used? Buffalo's children (and adults) need to be more exposed to nature. It's a shame that this site that offered such a wonderful opportunity for a wildlife setting will be lost to the whims of developers. RECEIVED AND FILED NO. 83 2002 FCC FORM 1240 AND FORM 1205 -- FILINGS Dear Mr. Pitts: March 18, 2002 1 am enclosing, on behalf of Adelphia Cable Communications, annual rate justification materials concerning Adelphia's regulated service rates for the 12 -month period beginning July 1, 2002. These materials, including FCC Form 1240 and Form 1205 filings, are submitted in accordance with FCC regulations. To verify your receipt of these materials, please sign and date stamp the enclosed copy of this letter and return it in the self- addressed, stamped envelope provided. Please do not hesitate to contact me if you have any questions or comments regarding these materials. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS NO. 84 A. THOMPSON- TAXING WORKERS WHO LIVE OUTSIDE THE CITY Dear Mr. Michoaux: Please file this enclosed correspondence for discussion at the next Council Meeting dated April 1, 2002. If you have any questions, please do not hesitate to contact my office at (716) 851 -5145. Sincerely, I have two questions I would like after having watching the council meetings for the past several months. There has been a lot of discussion about the shortfall of a million ( ?) dollars -more or less. I would like to know why there has been no discussion about taxing the workers in the city who live outside of the city. They earn and take their money from the city, yet they use the city resources and highways. My other question: What is the process to have the pricing for the various sizes of trash containers? And what is the process for changing those if we wish to do so9 The mayor talked of the price scale on the session about the containers several months ago, but to date I have seen nothing in writing. Can you supply me with the necessary material for that and other information for seniors? I am assuming there is a city department that covers dispensing information to seniors, but I would like to know if information is mailed on any kind of time scale. I have in mind the Star program and general information REFERRED TO COUNCIL STAFF NO. 85 A. THOMPSON- VARIOUS LETTERS SUPPORTING REMODELING 735 HUMBOLDT PKWY Dear Mr. Michaux: Please file the enclosed letters regarding 735 Humboldt Parkway with the City Council for discussion at the next Council meeting. If you have any questions, please do not hesitate to contact my office at (716) 85 1 -5145. Attached available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE DIRECTOR OF STRATEGIC PLANNING PETITIONS NO. 86 J. FRITZ, JR., OWNER, USE 2808 BAILEY - CHANGE OF USE TO ADD USED CAR SALES. (HRG. 4/9) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 87 M. GADEMSKY, OWNER, USE 478 ELMWOOD AKA 484 ELMWOOD TO REMODEL EXISTING RESTAURANT. (HRG. 4/9) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 88 S. MALLIARIS, OWNER, USE 451 ELMWOOD FOR A PATIO. (HRG. 4/9) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 89 J. ROZANSKI- SUPPORT MAIN ST. BE DESIGNED AS A THREE LANE STREET The Main Street DOT project has been in design for more than three years. Residents and businesses in the Street University Heights Community whole heartedly support that Main Street be designed as a three -lane street as follows: Two lanes, one in each direction, plus a continuous two way left turn lane (landscaped median where possible), two designated bicycle lanes, and two parking lanes providing maximum on street parking. The street width would be 60 feet or less. We also recommend the use of curb extensions and other traffic calming measures. Last year the University Heights Community presented you with a petition with more that 500 signatures supporting this solution. This will be the best solution for Main Street. While traffic flow is important, the revitalization of the Main Street commercial districts and neighborhoods is most important for Buffalo. The best streets are those where people can safely walk and ride bicycles. These are the streets that allow for successful businesses. Our proposed 3 lane solution works well on Hertel Avenue and has been successfully implemented in many other cities on streets with comparable traffic volumes. Such a solution is being proposed on similar NYSDOT projects in Amherst, Cheektowaga, Orchard Park, and Hamburg. We have learned that the GBNRTC is conducting a computer modeling study for three and four lane traffic pattern alternatives for Main Street within the University Heights. We request that we be involved in the study as active contributors, and participants. We would also like to see a temporary re- striping of Main Street as proposed in our alternative. This same method was used during the reconstruction of Hertel Avenue for a period preliminary to the actual construction. During the past year there has been considerable new private investment along Main Street. The reconstruction of Main Street will be a difficult period for many businesses. We hope to hear from you soon. REFERRED THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE NEW DEPARTMENT OF TRANSPORTATION REGULAR COMMITTEES CIVIL SERVICE (MARC A. COPPOLA, CHAIRPERSON) NO. 90 C. CHAPMAN- REVIEW COMPLAINTS -BMHA (CIT. RGTS.) (CCP #67 -MAR. 19,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 91 RESIDENCY OFFICER UPDATE (HR) (CCP #64 -MAR. 19,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 92 APPOINTMENT SR. TAX CLERK (INTER) (ASSESS. /TAX) (ITEM NO. 25- C.C.P. NW. 19, 2002) That Communication 25, Mar. 19, 2002 be received and filed and the temporary appointment of Latifa A. Mack stated above at the intermediate salary of $29,324 effective on March 6. 2002 is hereby approved. PASSED AYES -12 NOES -0 NO. 93 APPOINTMENT ASSOCIATE TAX CLERK (INTER) (AMENDED) (ASSESS. /TAX) (ITEM NO. 26- C.C.P. MAR. 19, 2002) That Communication 26, Mar. 19, 2002 be received and filed and the temporary appointment of Secret Thompson stated above at the intermediate salary of $32,269 effective on March 6, 2002 is hereby approved. PASSED AYES -12 NOES -0 NO. 94 APPOINTMENT DISPATCHER (INTER) (PW) (ITEM NO. 38- C.C.P. MAR. 19, 2002) That Communication 38, Mar. 19, 2002 be received and filed and the permanent appointment of William Travis stated above at the intermediate salary of $30,923 effective on March 11, 2002 is hereby approved. PASSED AYES -12 NOES -0 NO. 95 APPOINTMENT BUDGET EXAMINER (INTER) (POL.) (ITEM NO. 40- C.C.P. MAR. 19, 2002) That Communication 40, Mar. 19, 2002 be received and filed and the permanent appointment of John W. Stanchak stated above at the intermediate salary of $40,894 effective on March 11, 2002 is hereby approved. PASSED AYES -12 NOES -0 NO. 96 APPT. -FIRE CAPTAIN (PERM.) (MAX) (FIRE) (CCP #45 -MAR. 19,02) That the above item be and the same hereby is received and filed. ADOPTED AYES - BONIFACIO, COPPOLA, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, THOMPSON - 11 NOES-FISHER-1 NO. 97 APPT. -FIRE CAPTAIN (PERM. CONT,) (MAX) (FIRE) (CCP #46 -MAR. 19,02) That the above item be and the same hereby is received and filed. ADOPTED AYES - BONIFACIO, COPPOLA, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO. THOMPSON - 11 NOES-FISHER-1 NO. 98 APPTS. -FIRE LT. (PENN.) (MAX) (FIRE) (CCP #47 -MAR. 19,02) That the above item be and the same hereby is received and filed. ADOPTED AYES - BONIFACIO, COPPOLA, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, THOMPSON - 11 NOES-FISHER-1 NO. 99 APPT. -FIRE LT. (PERIN. CONT.) (MAX) (FIRE) (CCP #48 -MAR. 19,02) That the above item be and the same hereby is received and filed. ADOPTED AYES - BONIFACIO, COPPOLA, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, THOMPSON - 11 NOES-FISHER-1 NO. 100 UNIFORMED FIRE PERSONNEL - RESIDENCY (FIRE) (CCP #44 -MAR. 19,02) That the above item be and the same hereby is received and filed. ADOPTED AYES - BONIFACIO, COPPOLA, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, THOMPSON - 11 NOES-FISHER-1 NO. 101 APPOINTMENT ASST. CORP. COUNSEL 11 (INTER) (LAW) (ITEM NO. 5 6 -C.C. P. MAR. 19, 2002) That Communication 56, NW. 19, 2002 be received and filed and the permanent appointment of Joy C. Trotter stated above at the intermediate salary of $59,541 effective on March 6, 2002 is hereby approved. PASSED AYES -12 NOES -0 NO. 102 APPOINTMENT PARKING METER MECHANIC (MAX) (A &F) (ITEM NO. 63 - C.C.P. MAR. 19, 2002) That Communication 63, Mar. 19, 2002 be received and filed and the provisional appointment of Ted Kniazuk stated above at the maximum salary of $29,604 effective on March 6, 2002 is hereby approved. PASSED AYES -12 NOES -0 NO. 103 APPOINTMENT PERSONNEL SPECIALIST II (INTER) (HR) (ITEM NO. 66- C.C.P. MAR. 19,2002) That Communication 66, Mar. 19, 2002 be received and filed and the permanent promotion of Olivia Licata stated above at the intermediate salary of $42,670 effective on March 13, 2002 is hereby approved. PASSED AYES -12 NOES -0 NO. 104 NOTICES OF APPTS. -TEMP. /PROV. /PERM. (C. CLK.) (CCP #76 -MAR. 19,02) That the above item be and the same hereby is received and filed. ADOPTED FINANCE BETTY JEAN GRANT, CHAIRPERSON NO. 105 REPORT OF BIDS - RESURFACING OF CITY PAVEMENTS - 2002 GROUP #581) (ITEM NO. 34, C. C.P., MAR. 5, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant Moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to award a contract for the Resurfacing of City Pavements - 2002, Group #589 to Destro & Brothers Co., Inc., the lowest responsible bidder, in an amount of $746,355.50 ($678,505.00 Base Bid + 10% unit price increase $67,850,50 = Total Award $746,355.50). Funds for this project are available in Capital Project Account #30032106. Passed. AYES -12. NOES -0. NO. 106 RESULTS OF NEGOTIATIONS - 547 BUSTI AVENUE (ITEM NO. 10, C.C.P., MAR. 19, 2002) That the offer from Mr. Eliot Velazquez and Mrs. Sandra Velazquez, residing at 513 Busti Avenue, in the sum of One Thousand Dollars ($1,000.00) for the purchase of 517 Busti Avenue, be and is hereby accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. AYES -12. NOES -0. NO. 107 RESULTS OF NEGOTIATIONS - 1011 AND 1015 LAFAYETTE (ITEM NO. 11, C.C.P., MAR. 19, 2002) That the offer from Mr. Barrington K. Waite, residing at 117 Hartford Road, Amherst, New York, in the sum of Twelve Thousand and Five Hundred Dollars ($12,500.00) for the purchase of 1011 and 1015 Lafayette Avenue, be and they hereby are 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 -12. NOES -0. NO. 108 KEN - BAILEY COMM. CTR. (COMPT.) (CCP #18 -FEB. 19,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 109 MONTHLY RPT. -FEB. 2002 (CIT. SVS.) (CCP #2 -MAR. 19,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 110 R. SEYBERT -REQ- PYMT. FOR TOWING SERVICES PROV. TO CITY DURING STORM (CCP #94 -MAR. 19,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 111 COMPLETED OVERLAY LIST - 2001 CONSTRUCTION SEASON (ITEM NO. 34, C.C.P., MAR. 19, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant moved: That the above mentioned item be and the same is hereby received and filed. ADOPTED. NO. 112 SOLICITATION OF FUNDS - NINETY -ONE CHARITY GOLF CLASSIC (ITEM NO. 60, C.C.P., MAR. 19, 2002) That pursuant to Chapter 316, Article VI of the City of Buffalo Ordinances, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to grant the Ninety -One Charity Golf Classic an exemption to solicit funds in the City of Buffalo from April 15, 2002 to May 15, 2002. PASSED. AYES -12. NOES -0. LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 113 L. MARSHALL, PETITION TO USE 420 CARLTON -HUMAN SERVICES FACILITY (ITEM NO. 102, C.C.P., MAR. 19, 2002) That after the public hearing before the Committee on Legislation on March 26, 2002, the petition of L. Marshall, agent, for permission to use 420 Carlton for a human services facility, be, and hereby is approved. PASSED. AYES -12. NOES -0. NO. 114 L, MARSHALL, PETITION TO USE 422 CARLTON -HUMAN SERVICES FACILITY (ITEM NO. 103, C.C.P., MAR. 19, 2002) That after the public hearing before the Committee on Legislation on 1Vlarch 26, 2002, the petition of L. Marshall, agent, for permission to use 422 Carlton for a human services facility, be, and hereby is approved. PASSED. AYES -12. NOES -0. NO. 115 G. COLE, PETITION TO USE 1393 E. DELAVAN -HUMAN SERVICES FACILITY (ITEM NO. 96, C.C.P., JAN. 22, 2002) That after the public hearing before the Committee on Legislation on January 29, 2002, the petition of G. Cole, owner, for permission to use 1393 E. Delavan Avenue for a human services facility be, and hereby is denied. ADOPTED. NO. 116 LIQUOR LICENSE APPLICATIONS (C. CLK.) (CCP #64 -JAN. 22, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 117 D. LONCTO, PETITION TO USE 892 ELMWOOD AVENUE - ILLUMINATED GROUND SIGN (ITEM NO. 93, C.C.P., MAR. 5, 2002) That after the public hearing before the Committee on Legislation on March 12, 2002, the petition of D. Loncto, owner, for permission to use 892 Elmwood Avenue for an illuminated ground sign be, and hereby is approved. PASSED. AYES -12. NOES -0. NO. 118 RE- APPOINTMENT MEMBER TO THE APPRAISAL REVIEW BOARD (ITEM NO. 2, C.C.P., MAR. 5, 2002) That the re- appointment of David H. Schank, residing at 105 Wallace Avenue as a member of the Appraisal Review Board for a term expiring December 31, 2005, be and it hereby is approved. PASSED AYES -12. NOES -0. NO. 119 LOCAL LAW NO. INTRO. NO. 10 (2001) - BUFFALO CREATIVITY & CIVIL SOLUTIONS COMMISSION (ITEM NO. 129, C. C. P., DEC. 11, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana Moved: That the above mentioned item be and the same is hereby received and filed. ADOPTED. NO. 120 P. BATTAGLIA -REQ. WIDENING OF SCATHERD PL. ENT. - BATTAGLIA DEMO. (CCP #128 -SEPT. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 121 MOHAWK STREET, PARKING WITHIN CITY OF RIGHT -OF -WAY (ITEM NO. 36, C. C. P., MAR. 19, 2002) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Carl P. Paladino, of Ellicott Development Company, of the Belesario Project, a proposed housing development at the Berger Building, located at 500 -518 Main Street, for the installation of a proposed parking area which would occupy approximately 9, 900 square feet of right -of -way and accommodate 30 vehicles, subject to the following conditions: 1 That the applicant obtains any and all other City of Buffalo permits. 2.That the parking area be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the applicant be responsible for maintenance of the parking area as long as it remains within City right -of -way. 4. That the applicant be charged any fee established for similar situations wherein City right -of -way is utilized as a parking area. 5. That, in the event the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, said Commissioner may order the immediate removal of the encroachment as described in Chapter 413 -67(F) of the City of Buffalo Ordinances. 6. That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said parking area. 7. That the applicant meet with the City Planning Board for landscaping plans and site plan approval. PASSED. AYES -12. NOES -0. NO. 122 ENCROACH ELEVATED WALKWAY - 72 -76 PEARL STREET (ITEM NO. 28, C.C.P., FEB. 5, 2002) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Earl A. Ketry, Managing Partner of the Pearl Street Grill & Brewery, located at 72 -76 Pearl Street, to install a walkway from the building face into the sidewalk area, 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 elevated walkway be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That screening be installed from the bottom of the elevated walkway to the public sidewalk and that the public sidewalk be a minimum of 7' wide from the north curb of Seneca Street. 4. That the elevated walkway be used only to access the seating area at the rear of the building and restaurant patrons are not permitted to congregate on the walkway. 5. That the applicant be responsible for maintenance of the walkway as long as it remains within City right -of -way. 6. That, in the event the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, said Commissioner may order the immediate removal of the encroachment as described in Chapter 413 -67(F) of the City of Buffalo Ordinances. 7. That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said walkway. 8. That the applicant follows all conditions set by the Preservation Board and the City Planning Board, including installing a shield which will attach to the second floor overhang and limiting both encroachments to a maximum width of 4' (four feet). PASSED. AYES -12. NOES -0. NO. 123 R. MORRISROE -LOWER W. SIDE TRAFFIC CALMING INITIATIVE (CP) (CCP #23 -MAR. 20,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 124 R. MORRISROE -LOWER W. SIDE TRAFFIC CALMING (PW) (CCP #53 -APR. 17, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 125 COUNCILMEMBER MARTINO -266 HOPKINS ST. -MOD. DISPOSAL SVS. (PLAN BD) (CCP #6 -FEB. 19, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 126 INOPERABLE FIRE HYDRANTS (CCP #163 -MAR. 5,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 127 FIRE HYDRANTS (FIRE) (CCP #43 -MAR. 19,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 128 J. CAMPOLONG -AMER. WATER SVS. - INOPERABLE FIRE HYDRANTS (CCP #79 -MAR. 19,02) That the above item be and the same hereby is received and filed. ADOPTED COMMUNITY DEVELOPMENT (ANTOINE M. THOMPSON, CHAIRMAN) NO. 129 BMHA POSITIONS FUNDED THROUGH CDBG (STRAT. PLAN.) (CCP #8 -MAR. 19,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 130 A. THOMPSON -CDBG BUDGET (CCP #85 -MAR. 5, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 131 A. THOMPSON - "CDBG ARE TAXPAYER DOLLARS RET. TO CITIES BY FED. GOVT. MIN- 1/31/02 (CCP #75 -FEB. 19, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 132 B. Grant, E. Overton - Contractural Work -423 N. Division St. (CCP #85 -Nov. 14, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 133 Revised Revitalization Plan for Lakeview Homes Hope VI Grant No. #06VRD0021197 (Item No. 45, C.C.P., Feb. 19, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. MR. THOMPSON Moved: That the above mentioned item be and the same is hereby received and filed. Adopted. NO. 134 998 Broadway K -Mart Closing (Item No. 130, C.C.P., Feb. 5, 2002) That this Common Council supports the continued presence of K -Mart at 998 Broadway and requests the input of the Benchmark Corporation, the K -Mart Corporation in Troy, Michigan, the City of Buffalo's Office of Strategic Planning, Buffalo Enterprise Renaissance Corporation, Erie County Industrial Development Agency, and other interested parties dedicated to keeping a retail presence at 998 Broadway, Buffalo's most'1 —mous" addresses; and That if the K -Mart Corporation's decision is irrevocable, the City of Buffalo will work to develop a strategy to cooperate with Benchmark or any other potential owner to develop a quick transition to a new productive use at the site, preferably retail oriented. Adopted. No. 135 Broadway K -Mart Closing (BERC) (CCP #47 -Feb. 19, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 136 R. LoTempio -A, Thompson- Bflo /Niag. Part. - Closing of K -Mart /Asst. Broad. Mkt, (CCP #75 -Mar. 5,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 137 Transfer of Title, Urban Homestead - 403 Sweet Street (Item No. 15, C. C.P., Mar. 19, 2002) That the city -owned property commonly known as 403 Sweet Avenue, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Robert J. Collins, residing at 228 Sobieski, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. Passed. AYES -12- NOES -0 NO. 138 Transfer of Title, Urban Homestead - 411 Fulton Street (Item No. 13, C.C.P., Mar. 5, 2002) (Item No. 143, C.C.P., Mar. 19, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. MR. THOMPSON Moved: That the city -owned property commonly known as 411 Fulton Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mrs. Shirley Bryant, residing at 415 Fulton Street, in the amount of $ 1. 00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. Passed. AYES -12- NOES -0 Education (Charley H. Fisher, 111, Chairman) NO. 139 Art & Comm. -Req. Ext. of Bid Date -Bflo. Dist. Wide Tech. -Phase 2 Project (Bd. Ed.) (CCP #64 -Mar. 6,02) That the above item be and the same hereby is received and filed. ADOPTED Special Committees STREETS SERVICES COMMITTEE (Charley H. Fisher, III, Chairman) NO. 140 City of Buffalo Snow Control Plan 2001 -02 (PW) (CCP #17 -Nov. 27, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 141 C. Fisher /G. Ross - Concerns -Lack of Plowing- Michigan Ave. betw. High /Carl (A &F)(CCP #63 -Mar. 6,02) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 142 By Mr. Bonifacio Re:: Permission to hang flower baskets on Elmwood Avenue Whereas Forever Elmwood has requested permission to hang flower baskets on City of Buffalo lighting poles on Elmwood Avenue from Forest Avenue to Allen Street as part of a community beautification project, and Whereas: The City approved this very popular program last year -, and Whereas The Elmwood community is very enthusiastic about the continuation of the flower basket program this spring; and Now, Therefore Be It Resolved -. That the Common Council shall authorize the City of Buffalo to permit Forever Elmwood to hang flower baskets on City lighting poles on Elmwood Avenue from Forest Avenue to Allen Street in compliance with all conditions set forth by the Department of Public Works. PASSED AYES -12- NOES -0 No. 143 BY: Mr. Coppola Subject: City of Buffalo Park Fees Whereas: There have been many questions raised about the newly instituted fees which were submitted by the Mayor and approved by the Common Council in December 2001, and amended in February 2002; and Whereas The raised questions are in reference to the use of a City of Buffalo park for the purposes of a special event, gathering, or other use; and Whereas There has not been sufficient information supplied to this Common Council, nor the public, as to what criteria will be used to differentiate and /or qualify uses, so as to determine what the fee would be for said event or gathering, and Whereas: The specific criteria that will be used to determine what the use is qualified as, and what fee will be charged, should be clearly defined in the ordinance so as to mitigate such questions. Now therefore be it resolved that: This Common Council requests the Commissioner of Public Works, Parks and Streets, the Deputy Commissioner of Parks, and the Budget Director to attend a special meeting of the Budget Committee to discuss this matter, and Be it further resolved that - Said meeting date be set by the Chair of the Committee on Budget and take place no later than April 11, 2002, and Be it further resolved that: Certified copies of the resolution are sent to the Commissioner of Public Works, Parks, and Streets, the Deputy Commissioner of Parks, and the Budget Director. REFERRED TO THE COMMITTEE ON BUDGET, THE COMMITTEE ON PUBLIC WORKS, THE CORPORATION COUNSEL, AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 144 By Mr. Davis SUBJECT: INVESTIGATE THE POSSIBILITY OF A ONE -TIME AMNESTY FROM PENALTIES ON PAST DUE PROPERTY TAXES, USER FEES, CITATIONS, SEWER AND WATER BILLS Whereas: The City of Buffalo remains in a seemingly perpetual state of financial crisis, that although was exacerbated by the tragic events of September 11, began well before that day; and Whereas The City now finds itself at a place where cutbacks and potential layoffs are finally coming to bear down on the residents as stark realities; and Whereas: In accordance with the fiscal facts of life that are before the Council, now is a time for exploring an even greater number of options that may be available for the generation of much needed revenue; and Whereas: One possible solution, that is worthy of investigation, may be attached to alternative ways of collecting past due debts owed to the City of Buffalo; and Whereas: The concept of a one -time amnesty from the penalties and interest on past due property taxes, user fees, citations, sewer and water bills owed to the City of Buffalo, is a logical way of providing an incentive for citizens in arrears to liquidate past debts; and Whereas: Once these past debts have been taken care of, it should follow that residents in arrears would have a greater incentive for paying current and future taxes, user fees, citations, sewer and water bills on time, so as to avoid future penalties and interest; Now, Therefore, Be It Resolved: That this Honorable Body requests that the City of Buffalo investigate the possibility of a one -time amnesty from the penalties and interest on past due property taxes, user fees, citations, sewer and water bills as an alternative for closing the budget gap; and Be It Further Resolved: That the implementation of a one -time amnesty from penalties and interest on past due debts be targeted for the summer of 2002. ADOPT FIRST RESOLVE, THE REMAINDER TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL NO. 146 By: Mr. Fisher SUBJECT: Proposed shrine for the Association for the Arch of Triumph of the Immaculate Heart of Mary and International Shrine of the Holy Innocents Whereas: The City of Buffalo is proud of the diverse cultural and religious heritages of its residents, and desires both to respect and also to encourage the free expression of time - honored religious sentiments, believing, together with America's Founding Fathers and its leaders throughout history, that the good of society depends in part upon the vitality of its religious institutions; and, Whereas: The Association for the Arch of Triumph of the Immaculate Heart of Mary and International Shrine of the Holy Innocents, a non - profit corporation founded by leaders of Buffalo's professional and lay Catholic community, has proposed to construct a monumental shrine in keeping with the tenants of the Catholic faith, which is the religious heritage of the majority of the residents of Buffalo; and Whereas: The proposed shrine would attract pilgrims and tourists from all parts of the continent and the world, and may reasonably be expected to contribute immeasurably to the revitalization of the area economy, while also furthering the important objective of usefully developing the Buffalo waterfront, and the Outer Harbor in particular; and Whereas: The Association has pledged its cooperation with City officials and civic leaders, toward ensuring that the shrine is built according to high standards of architectural beauty and integrity, so as to fitting complement and enhance the City's skyline, and to Buffalo's treasure of renowned architectural attractions; and Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo approves and supports the efforts of the Association for the Arch of Triumph of the Immaculate Heart of Mary and International Shrine of the Holy Innocents, Inc. ADOPTED NO. 146 By: Mr. Fisher Request that the New York State Assembly and the New York State Senate enact the necessary legislation for the City of Buffalo to have Affirmative Competitive Control of its Municipal Hiring Practices. Whereas: Through recent technological improvements that includes, but is not limited to, communication systems, information systems, and transportation systems, the paradigm of what constitutes a city is in flux so much so that those communities traditionally thought of as suburbs now primarily physically use the city for little more than a source of income, instead of for those products and services that the density models of the past dictated as tile best use for a municipality and Whereas: In that the City of Buffalo, by order of the State of New York, has little to no control over its employment practices in relation to the hiring and promotion of residents; and Whereas: The City of Buffalo estimates that it loses approximately two hundred million dollars ($200,000,000) in payroll, and the economic activity that it creates; and Whereas: Economic theory is that the impact of payroll investment within a community is anywhere from five (5) to nineteen (19) times or greater; so that the City of Buffalo must continually, and perhaps unnecessarily, request financial support from the good people (of the State New York to replace the benefits of that economic activity; and Whereas: Employment in the City of Buffalo yields benefits other than just economic for both the City and its citizens, and the individual who holds such employment, but also such well- compensated employees also add tremendously to the quality of life of the city from which they receive said compensation, and can independently participate in the selection of as well as the good leadership of the City; and Whereas: It is the purview of the Government of the State of New York to do for it's citizens those things that either the citizenry cannot do for itself, and /or those things that would not be proper for the citizenry to for themselves; and Whereas: The City of Buffalo can grow comparable, and even exceeding, economic benefits of economic activity compared to those amounts that it requests from the Goop People of the State of New York if given the necessary autonomy to do so from the Government of those Good People. Now, This Common Council requests that the Great State of New York Therefore, enacts whatsoever legislation necessary that, in the spirit of Be It Assembly Bill A02206 sponsored by Members of the Assembly, the Resolved: Honorable Gentlemen Hoyt and Eve, that allows Buffalo to empower itself to exercise the same rights and privileges that is necessary for it to secure its finances, stabilize its citizenry, and guarantee its future; that is afforded to and accustomed to the growing communities of western New York; and especially those that form the Buffalo suburban community; that allow the City of Buffalo to act independently in all issues concerning residency by its employees. Be It Finally Copies of this resolution shall be sent to Members of the Assembly, Resolved: the Honorable Misters Hoyt and Deputy Speaker Eve. ADOPTED NO. 147 By: Mr. Golombek SUBJECT: - -(FIRE ALARM SYSTEMS) Whereas: Many construction and development professionals operating in the City of Buffalo have indicated an uncertainty regarding the necessity of conduit when installing various alarm systems, and Whereas: Chapter 103 -26 FIRE ALARM SYSTEMS of the Charter and Codes of the City of Buffalo contains standards for conduit in alarm installation that are more restrictive than the New York State Fire Prevention Code, and Whereas: In order to establish local standards that are more restrictive than the New York State Fire Prevention Code the City of Buffalo is required to petition the New York State Building Codes Council within thirty days of the effective date of the ordinance. The New York State Codes Division has indicated that the City of Buffalo has made no such petition, and Whereas: Also, Chapter 103 -26 sets standards far in excess of the nearby municipalities that are competing with the City of Buffalo for new construction and development. These restrictive standards add a considerable cost to alarm installations within the City of Buffalo when compared to nearby municipalities, and Whereas: Although Chapter 103 -26 is invalid it has been reported that City of Buffalo Electrical Inspectors are still enforcing its standards. Now, Therefore, Be It Resolved: This Common Council encourages responsible construction and development within the City of Buffalo and recognizes that any uncertainty with the Charter and Codes of the City of Buffalo by developers can be detrimental to the success of our fine city, and Be It Further Resolved: That this Honorable Body requests that the Department of Inspections file a report regarding the continued enforcement of Chapter 103 -26 of the Charter and Codes of the City of Buffalo. The Common Council also requests that the Corporation Counsel file a report on the validity /legality of Chapter 103 -26 of the Charter and Codes of the City of Buffalo. The reports should be filed in the City Clerk's office by 2: 00 PM Thursday April 11 , 2002, and Be It Finally Resolved: That if Chapter 103 -26 of the Charter and Codes of the City of Buffalo is shown to be invalid or illegal appropriate actions are taken to remove it from the Charter and Codes of the City of Buffalo as soon as possible. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PERMITS AND INSPECTIONS AND THE CORPORATION COUNSEL NO. 148 By: Mr. Golombek SUBJECT: Forever Elmwood 2001Farmers Market Banner] Whereas: Organizers of Forever Elmwood are holding a Farmers Market on Saturday mornings along Bidwell Parkway, and Whereas: This year marks the 4th annual Farmers Market, and Whereas: To publicize the market, Forever Elmwood has requested permission to display a banner across Elmwood Avenue from 946 Elmwood Ave. to 951 Elmwood Avenue, and Whereas: The period the banner will be on display is from May 11 TH, 2002 through November 3d,2002. Now, Therefore, Be It Resolved: Pursuant to the conditions set forth by the Commissioner of Public Works, the sponsors of the Forever Elmwood Farmers Market be granted permission to hang a banner on Delaware Avenue from May 11, 2002 through November 3d 2002, PASSED AYES -12- NOES -0 NO. 149 By: Mr. Golombek SUBJECT: [Forever Elmwood Farmers Market] Whereas: Forever Elmwood has recently filed a special events application with the City of Buffalo to sponsor a Farmer's Market along Bidwell Parkway, and, Whereas: The Farmer's Market does serve to draw business to the Elmwood Avenue area: and, Whereas: Plans call for the opening of the Farmer's Market to take place on Saturday, May 25, 2002 and run every Saturday thereafter until Saturday, November, 2002. The market will be in business between the hours of 7:00 am and 2:00 pm; and, Whereas: The portion of Bidwell Parkway where this market will run is between Elmwood Avenue and West Delevan, on both the north and south sides of the street. The farmer's trucks will be parking curbside facing the park and therefore it will not be necessary to close any streets. Now, Therefore, Be It Resolved: That the Common Council grants permission to Forever Elmwood Inc. to hold its annual Farmers Market on Bidwell Parkway between Elmwood Avenue and West Delevan pursuant to the conditions set forth by the Commissioner of Public Works and Special Events Committee PASSED AYES -12- NOES -0 NO. 150 By: Mr. Golombek SUBJECT: -- (Meals on Wheels Volunteer Recruitment Banner) Whereas: Meals on Wheels of Buffalo is in the process of recruiting volunteers to meet its ever growing challenge to deliver food to its clients within the City of Buffalo, and Whereas: This year, as part of the effort to address an increasing waiting list of clients, Meals on Wheels has developed a banner that reads "Feed the Need: Volunteer. Meals on Wheels of Buffalo, New York 852 -2626, and Whereas: Organizers have requested permission to display the aforementioned banner across Elmwood Avenue between 946 and 951 Elmwood Ave., and Whereas: The period in which the banner would be on display is from April 2nd , 2002 through May 11th 2002,and Now, Therefore, Be It Resolved: Pursuant to the conditions set forth by the Commissioner of Public Works, Meals on Wheels of Buffalo be granted permission to hang a banner on Elmwood Avenue from April 2, 2002 through May 11th 2002. No. 151 By: MESSRS. GOLOMBEK AND FRANCZYK SUBJECT: Creating a Task Force to Explore Joint Efforts in Resolving the Fiscal Crisis of Buffalo and Lackawanna. Whereas: The cities of Buffalo and Lackawanna share a physical border as well as a fiscal crisis; and Whereas: By working together Buffalo and Lackawanna may be able to assist each other in a cooperative effort; and Whereas: A cooperative effort could include the undertaking of joint projects, joint purchasing, regionalizing of services, consolidation of services or a merger of both cities; and Whereas: Combining our efforts with Lackawanna could result in the elimination of duplicative government services, an increase in government efficiency, and fiscal savings for both cities; Now Therefore, Be It Resolved: That this Common Council go on record as supporting the creation of a joint Task Force with the City of Lackawanna, to explore how we can work together on addressing the fiscal crisis facing both cities by consolidating and or merging of both cities; and, Be It Further Resolved: That this Common Council requests the Law Department to determine what legal steps are necessary for the consolidation of the Cities of Buffalo and Lackawanna; and, Be It Finally Resolved: That the City Clerk send certified copies of this Resolution be forwarded to the Mayor of Buffalo, the Buffalo City Comptroller, the Commissioner of Administration and Finance, the Mayor of Lackawanna, the Lackawanna City Council, the Financial Officer for the City of Lackawanna for official response and the Federal & State Delegation Mr. Fisher made a motion to adopt the first resolve and the send the remainder to the committee on Regional Governance, the Corporation counsel, The Commissioner of administration and Finance and the Council President Seconded by Mr. Davis ADOPT THE FRIST RESOLVE REMAINDER TO THE COMMITTEE ON REGIONAL GOVERNANCE, THE CORPORATION COUNSEL AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND COUNCIL PRESIDENT A Y E S — _BONIFACIO, COPPOLA, DAVIS,_FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRAY, LOTEMPIO, MARTINO AND PITTS — 11 NOES — GRANT - 1 NO. 152 By: Ms. Grant: Subject .Bond Resolution $2,500,000 Bonds Main Street Urban Renewal Plan Account 0303 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $2,500,000 General Improvement Bonds of said City to finance the costs of implementing the amended Urban Renewal Plan for the 700 Block of Main Street, at the estimated maximum cost of $2,500,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Million Five Hundred Thousand Dollars (,$2,500,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "); to finance the cost of implementing the amended Urban Renewal Plan for the 700 Block of Main Street including acquisition of buildings, selective demolition of various structures, site preparation for development of future residential /commercial reuse, improvements to various infrastructure and lighting- beautification improvements. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $2,500,000 as set forth in the duly adopted 2002 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Executive Strategic Planning, 700 Block of Main Street ", Bond Authorization Account No. 0303, and shall be used for the specific object or purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $2,500,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150 -2. Section 4. The following additional matters are hereby determined and stated:. (a) The period of probable usefulness for the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 41(a) of the Law, is fifty (50) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 a. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bond., and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately. REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE DIRECTOR OF STRATEGIC PLANNING NO. 153 By: Mrs. Grant Increased Appropriation Parking Violations Bureau 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 - Towing & Storage Operations - Other Services, be and the same hereby is increased in the sum of $40,000. That, the comptroller be and hereby is authorized and directed to increase the revenue estimates of account: Revenue General City 10 140015 - 3 41104 - Towing & Storage Fees (PVB) $40,000 To meet the increased appropriation as set forth below: 11412006 - 480000 - Towing & Storage Operations - Other Services $40,000 PASSED AYES -12- NOES -0 By: Mrs. Grant no. 154 Transfer of Funds General City Charges Reserve for Capital Improvement Comptroller That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $167,300 be and the same is hereby transferred from Reserve for Capital Improvement and said sum is hereby reappropriated as set forth below: From: 17220007 Capital Reserves 470001 - Capital Improvements $167,300 To: 17523008 - Interfund Transfers Out 489130 - Interfund Transfers Capital Projects $167,300 From: 17523008 - Interfund Transfers Out 489130 - Interfund Transfers Capital Projects $167,300 To: 30012406 Capital Project fund 445100 Pool Reconstruction $167,300 PASSED AYES -12- NOES -0 NO. 155 By: Ms. Rosemarie LoTempio SUBJECT: Display Banner for 5 Star Fridays Whereas: Some members of the Chippewa Business & Property Owners Association, Inc. (Zoo Bar, McMonkeez, Barristers, Sol -lo, and Shaker) plan to hold the above event each Friday from March 2002 through August 2002; and whereas: To promote this new event, these businesses have requested permission to display a banner on Chippewa St. between Delaware Ave. and Franklin St.; and Whereas: The organizers would like to display the banners from March 2002 through August 2002; Now, Therefore, Be It Resolved: That this Common Council grants permission to these businesses to display the banner, pursuant to the conditions established by the Commissioner of Public Works, the Corporation Counsel and the Special Events Advisory Committee. PASSSED AYES -12- NOES -0 NO. 156 By: Mrs. LoTempio Re: Excuse Council President Pitts from Council Meeting. Whereas: Council President James W. Pitts will be unable to attend the Council meeting on Tuesday, April 2, 2002, Now, Therefore, Be It Resolved: That the Common Council excuses Council President James W. Pitts from attending the Tuesday, April 2, 2002, Common Council meeting. ADOPTED NO. 157 By Mrs. Martino SUBJECT: Permission to Hang Banners S. PARK AVE Whereas: Holy Family Church, located at 1885 South Park Avenue, will be celebrating their 100th anniversary of the Founding of the Church on Saturday, April 20, 2002 and Whereas To announce this event and their year long celebration, Holy Family Church is seeking permission to hang ten (10) 30" x 5' banners along South Park Avenue from the light poles from April 3, 2002 to April 3, 2003. and Whereas- Arrangements have been made with Niagara Mohawk for professional installation of these banners. Now, Therefore, Be It Resolved That the Common Council of the City of Buffalo grants permission to Holy Family Church to hang ten (10) light pole banners announcing their 100 Anniversary of the founding of the Church be held on Saturday April 20, 2002 Be It Further Resolved: That said banners will hang from the light poles on South Park Avenue, from April 3, 2002 to April 3, 2003 Be It Finally Resolved That said banners 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 -12 -NOES -0 NO. 158 By: Mr. Pitts SUBJECT: DUNN TIRE PARK LEASE WITH COUNTY OF ERIE Whereas: Several meetings have been held between representatives of the City, The County, and The Buffalo Bisons to work out an agreement whereby Dunn Tire Park would be leased to the County, and the County would in turn sublease the operation of the Park to the Bisons, and Whereas: Discussions between the parties appear to have broken off without an agreement being reached, and Whereas: The baseball season is scheduled to begin April 10, 2002 Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo requests that all interest parties begin to meet again as soon as possible, and Be It Further Resolved: That the agreement reflect the following general terms: The County of Erie will invest up to $5 million in capital improvements to the Park, and that said improvements will be subject to the approval of the Citys Commissioner of Public Works, Parks and Streets. The Buffalo Bisons, through their sublease with the County will be entitled to retain all revenues generated from the Parks operation. That the Buffalo Bisons be required to pay all expenses required to maintain and operate the Park including, but not limited to, all utilities up to $400,000, solid waste disposal, groundskeeping, snowplowing, maintenance and repair of the building and field, repair and maintenance of the parking lot, event staffing, equipment repair, and other typical costs. That the Buffalo Bisons pay the costs of any casualty insurance agreeable to the Citys Corporation Counsel. That the County and the Bisons accept the Park in its current condition without any expectation that the City will provide any improvements except for general clean up and repairs normally done in anticipation of opening day. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL NO. 159 By: Mr. Pitts City of Buffalo Local Law No, _ (2002) Introductory No. 3 (2002) A LOCAL LAW amending Article Eighteen of the Charter of the City of Buffalo in relation to creating a Buffalo Creativity and Civic Solutions Commission. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article Eighteen of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: Sec. 18 -66. Establishment of the Buffalo Creativity and Civic Solutions Commission. To honor, promote and take local advantage of the City of Buffalo'.s World Leadership in the study and utilization of Creativity, for the common good, a commission, to be known as the Buffalo Creativity and Civic Solutions Commission, is hereby established. Sec. 18 -67. Membership. The commission shall consist of, not more than twenty -one members, each of whom shall be appointed by the following appointing authorities: the Mayor, the Common Council, the City Comptroller, the Board of Education, the Black Leadership Forum (or successor organization with similar interest as determined by the Common Council), Hispanics United (or successor organization with similar interest as determined by the Common Council), Good Neighbors Planning Alliance (or successor organization with similar interest as determined by the Common Council), United Way of Buffalo & Erie County (or successor organization with similar interest as determined by the Common Council), United Neighborhoods (Block Clubs) (or successor organization with similar interest as determined by the Common Council), Buffalo- Niagara Partnership, Buffalo State College Small Business Development Center, The New Millennium Group (or successor organization with similar interest as determined by the Common Council), the Wellness Institute, Leadership Buffalo (or successor organization with similar interest as determined by the Common Council), Creative Education Foundation (or successor organization with similar interest as determined by the Common Council), Buffalo State College International Center for Studies in Creativity, the State University of New York at Buffalo, and up to four 2LhM, selected by a majority of the members. The appointees of the Mayor, the Common Council, the City Comptroller, le Board of Education, Buffalo State College Small Business Development Center, Buffalo State College International Center for Studies in Creativity, the Creative Education Foundation and the State 11 W— Lersity of New York at Buffalo, United Way of Buffalo & Erie County and the United Neighborhoods (Block Clubs) shall serve three year terms, and the remaining members shall serve for two year terms. All active members shall be eligible for reappointment. See. 18 -68. Qualifications of Members. a) Each member shall be a resident of the City of Buffalo, and b) Shall have training or experience in creative problem solving or c) Shall have demonstrated excellence in some area of creative endeavor or leadership, or d) Shall, upon appointment, attend the Commission's Creative Problem Solving Training Program. Sec. 18 -69. Duties and Powers. a) The commission shall provide the city government and various community organizations, with assistance, expertise and education, in the facilitation, and use, of creative problem techniques; b) Shall act as a funnel and creative catalyst, to and from citizens groups; c) Shall be a solutions recommending resource for the City of Bu .10; d) Shall promote the planning and fulfillment of creative actions for the common 922!k e) Shall select an appropriate Meetings Facilitator for its activities; ;3.nd f) Shall ado -pt rules and procedures to manage its operations and meetings. Sec. 18 -70, Duties, Powers, Function of Staff. An Executive Director may be selected by the commission, and be responsible to the commission, as chief administrator of the commission, to insure that its duties and resposibilities are carried out, and shall assist the commission as necessary. Sec. 18 -71. Qualification of Staff. a) The Executive Director shall be an experienced administrator, a d b) Shall have knowledge and experience in various creative problem solving techniques and public action initiatives. Sec. 18 -72. Meetings. Meetings of the commission shall be held upon the call of the Executive Director, or as specified in a written declaration by a majority of the members of the commission, but in no event shall fewer than four meetings per year are held. A quorum shall consist of a majority o the members. Sec. 18 -73. Committees and Resource Members. The commission may, at its discretion, establish committees to assist it in its mission, and may, t its discretion, appoint non - resident, resource members, thereto. Sec. 13 -74. Compensation. The members shall serve without compensation for their services, but may receive reimbursement for reasonable and necessary expenses incurred in the performance of their official duties. Sec. 18 -75. Expenditures. The commission shall, within the amounts appropriated by the Common Council or otherwise made available by_ grants, expend, contract for, or direct the expenditure of such sums, and accordingly provide, as permitted by ordinance or grant, the necessary facilities and personnel Sec. 18 -76. Reports. Each December, the Commission shall prepare an annual written report of its activities and provide a copy to the Mayor, the Common Council and the City Clerk. Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3. This local law shall take effect immediately. LAID ON THE TABLE NO. 160 BY: MR. THOMPSON APPOINTEES TO THE BUFFALO AND ERIE COUNTY WORKFORCE INVESTMENT BOARD OF BUFFALO AND ERIE COUNTY Whereas: The Workforce Investment Act Title 1 Youth Program and the Youth Opportunity Grant Program has been active in the City of Buffalo, for over a year and has made significant achievements; and Whereas: The Workforce Investment Board of Buffalo and Erie County administers programs and allocations to for the Title 1 Youth Program and the Youth Opportunity Grant Program; and Whereas: There has been some question over proper locations and allocations of funding to organizations and site locations of programs on the City's Eastside; and Whereas: Programs and grants are allocated after a Request for Proposal has been issued and local educational institutions, public, incorporated private -for- profit, not - for - profit Organizations, sole proprietorship, partnerships, and labor unions are eligible to apply; and Whereas: To better service the City of Buffalo, Erie County and the Workforce Investment Act Title I Youth Program and the Youth Opportunity Grant Program, local law makers should be included in the decision making process of where these programs and grants will have optimal efficiency; and Now Therefore Be It Resolved: That the City of Buffalo Common Council request that two of its members be appointed to the Buffalo and Erie County Workforce Investment Board of Buffalo and Erie County. Antoine M. Thompson ADOPTED AYES — BONIFACIO, DAVIS, FISHER FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO. THOMPSON - 11 NOES - COPPOLA. 1 NO. 161 BY: MR. THOMPSON CBDG FUNDING & PROCEDURES Whereas: After nearly three decades of receiving federal community development block grant funds, the City of Buffalo must make sweeping changes to monitoring, the disbursement, and the delivery of said funds; and Whereas: The Common Council's Committee on Community Development has worked aggressively to examine the policies and procedures for allocating and monitoring CDBG funds. A review of the funding patterns over the last few years, the Consolidated Plans and Annual Performance Audits submitted to the US Department of Housing and Urban Development, and annual accounting and compliance audits of the Buffalo Urban Renewal Agency by Conway Porter, P.C. indicate that major structural and management reforms are needed for this particular federally funded program to be successful and reach its full potential; and Whereas: More than 250 employees from a combination of the City of Buffalo and city related agencies are paid from CDBG & HOME related funds and program income. The level of reliance of the City of Buffalo and its agencies must change. Currently more than $8 million will be allocated towards paying salaries for employees of the City of Buffalo and its related agencies through the reimbursement of salaries and the utilization of program income by the City., BURA, BERC, and other quasi -City of Buffalo agencies; and Whereas: The Neighborhoods Conditions Index clearly indicates that a massive and rapid downward spiral is occurring in many neighborhoods in the City of Buffalo, particularly in center -city neighborhoods and Council districts like the Masten District and the Fillmore District. There appears to be inadequate coordination between the jobs funded with CDBG and HOME funds in the City of Buffalo and its related agencies the ability to reverse the increasing levels of poverty many neighborhoods and blighted conditions. Further, there appears to inadequate comprehensive planning by neighborhood or council district especially if one places this in the context of funding numerous housing, planning and other community development projects; and Whereas: The City of Buffalo must develop a committee that examines, plans and monitors the federal, state, and county funds that are received to combat poverty. Adequate levels of coordination does not exist thus the shot -gun, hodge - podge, helter - skelter type of approach to revitalization and combating poverty is contributing to the economic devastation in many neighborhoods; Now, Therefore, Be It Resolved: That a CDBG and HOME Fund transfer policy be developed prior to July 1, 2002. In addition, that the elimination of PIRATING PRACTICES (unauthorized removal of funds from various CDBG accounts) be made an immediate priority; and Be it Further Resolved: That a the Common Council Committee on Community Development will develop a reform policy and strategy (comprised of Common Council members and the City of Buffalo Administration and HUD) to streamline and better coordinate economic, housing, and neighborhood development efforts by individuals with jobs and city related agencies that have personnel paid with CDBG and HOME funds. The reform plan must be ready for implementation upon the approval of year 29 CDBG, HOME, HOPWA, and ESG; and Be it Further Resolved: That the Community Development Committee and the Common Council will approve the final boundaries and CDBG and HOME fund budgets for the current and future housing delivery systems (CBO's, CDC's, NHS's) for the City of Buffalo; and Be it Further Resolved: That two pilot Neighborhood Empowerment Teams(NET) will be created effective July 1, 2002 to enhance neighborhood revitalization activities. The NET program shall include representatives from the Departments of Public Work, Inspections, Police, Fire, the Office of Strategic Planning, and the various quasi - government agencies including BERC, BURA, BNRC and BMHA; and Be it Further Resolved: That the Office of Strategic Planning create a CDBG & HOME Funds tracking system prior to September 1, 2002 that will track funding for CDBG and HOME funding commencing in year 20 to the present. This tracking system must allow for the tracking of CDBG, HOME, HOPWA, and ESG funds by GIS and Nficrosoft office software. Quarterly reports must be filed with the Common Council Committee on Community Development; and Be it Further Resolved: That a HUD 108 Business and economic development program will be created effectively July 1, 2002 to develop and fund neighborhood commercial and economic development initiatives. An emphasis will be placed on projects located on neighborhood commercials strips. Antoine M. Thompson REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE DIRECTOR OF STRATEGIC PLANNING NO. 162 BY: COUNCILMEMBER THOMPSON SET PUBLIC HEARING REQUEST FOR APPROVAL OF LDA JEFF ERSONI LAN DON / RILEY STREET WHEREAS, ARP Jefferson Avenue & Riley Street LLC and /or other legal entity to be formed (herein referred to as the "Redevelop er ") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper has negotiated a Land Disposition Agreement for the disposition of 1267,1269,1271,1277 & 1285 Jefferson, 19,21,23,27,29,39, & 41 Landon & and 350,352,354,358,360, 364,366, 370,372 & 382 Riley; and WHEREAS, the terms of said Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency -, and WHEREAS, said Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2(d) of the General Municipal Law -, and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1 . That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 6th day of April 2002. 2.That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 100 P.M. in the Council Chambers on the 16th of April 2002. ADOPTED NO. 163 BY: MR. THOMPSON SHIFT OF OPERATION INTO AN EMPIRE ZONE NPC Whereas: The Oden Corporation /Niagara Pump Corporation (NPC) has operated a facility at 225 Great Arrow in the City of Buffalo since 1982; and Whereas: The Oden Corporation /NPC employed 42 persons in 2001, including 2 residents of the City f Buffalo and 38 in Western New York; and Whereas: Expansion of operations has required the Oden Corporation /NPC to seen an alternate production facility; and Whereas: The Oden Corporation /NPC attempted to relocate within the City of Buffalo but could not find a facility which met its requirements; and Whereas: The City of Buffalo has heard public comments that extraordinary circumstances existed to warrant the relocation of the Oden Corporation /NPC into the Town of Tonawanda Empire Zone; Now Therefore Be It Resolved: That the City of Buffalo consents to the relocation of the Oden Corporation /NPC from the City of Buffalo to the Town of Tonawanda Empire Zone. Antoine M. Thompson REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE BUFF A -LO ECONOMIC RENAISSANCE CORPORATION NO. 164 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 Daniel Day By Councilmember Pitts, Michaux Felicitation for Basileia Ministries By Councilmember Pitts, Michaux Felicitation for Mrs. Omega Parker - Williams Day By Councilmember Thompson, Pitts, Michaux ADOPTED NO. 166 BY:ANTOINE M. THOMPSON APPOINTMENTS COMMISSIONERS OF. DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following per sons are hereby appointed as Commissioner of Deeds for the term ending, December 31, 2 002, conditional - upon the persons so appointed certifying under oath to their qualifications and filing same with the City SUSAN M.BECHTEL GARNELL M. SMITH ADOPTED UNFINISHED BUSINESS NO. 166 ACQ. 370 & 372 RILEY THROUGH EMINENT DOMAIN (STRAT. PLAN.) ( #6,3/6) (HRG. 3/19) (CCP# 112 -3 /19/02) Mrs. LoTempio moved that the above item be taken from the table. Seconded by. Mrs. Grant CARRIED Mrs. LoTempio moved: That the Executive Director of Strategic Planning be, and he hereby is authorized to acquire 370 & 372 Riley through Eminent Domain Procedure Law and authorized the City Clerk is hereby authorized to publish the required notice of public hearing in accordance with Article 2, Section 202 of the Eminent Domain Procedure Law. That the Corporation Counsel and the Director of Real Estate be, and they hereby are authorized to take all necessary steps to acquire the above properties through Eminent Domain or otherwise. PASSED AYES -12 NOES -0 NO. 167 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 1h floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, April 9, 2002 at 9:30 o'clock A.M. Committee on Finance Tuesday, April 9, 2002 at 10: 00 o'clock A.M. following Civil Service Committee on Legislation Tuesday, April 9, 2002 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, April 10, 2002 at 10:00 o'clock A.M. Committee on Education Wednesday, April 10, 2002 at 2:00 o'clock P M. Special Committees Police Reorganization Wednesday, April 3, 2002 at 10:00 o'clock A.M. in Room 1417 City Hall. MBEC Monday, April 8, 2002 at 10: 00 o 'clock A. MI. in Room 1417 City Hall. Budget Thursday, April 11, 2002 at 10:00 o'clock A.M. in Room 1417 City Hall. Bi- National Bridge Thursday, April 11, 2002 at 2:00 o'clock P.M. in Room 1417 City Hall. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification. it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware, therefor unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 168 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 4:15 pm CHARLES L. MICHAUX, III CITY CLERK COMMON COUNCIL CITY HALL - BUFFALO SPECIAL SESSION THURSDAY, March 28, 2002 at 11:00 AM PRESENT : James W. Pitts President of the Council, and Council Members Bonifacio, Coppola, Fisher, Fontana, Franczyk, Golombek, Grant, Gray, Martino, Thompson - 11 ABSENT: Davis, LoTempio - 2. No. 1 Call for Special Session Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated March 26 2002, presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Common Council Chambers, City Hall, Buffalo, New York, on Thursday, March 28, 2002 at 11:00 A.M., for the following purposes: To discharge from the Community Development Committee, receive and take appropriate action on items relative to the Mayor's 2002 -2003 Recommended CDBG Budget TO EACH MEMBER OF THE COMMON CGUNCEL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of five Councilmembers, dated March 26, 2002, JAMES W. PITTS, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on Thursday, March 28, 2002 at 11:00 A..M. for the following purpose: To discharge from the Community Development Committee, receive and take appropriate action on items relative to the Mayor's 2002 2003 Recommended CDBG Budget, WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To discharge, receive and take appropriate action on items relative to the Mayors 2002 -2003 Recommended CDBG Budget. We request that this Special Meeting be held on Thursday, March 29, 2002 at 11:00 A.M. Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: DOMINIC BONIFACIO DAVID FRANCZYK RICHARD FONTANA BETTYJEAN_GRANT ROSEMARIE LOTEMPIO ANTOINE THOMPSON MARC COPPOLA CHARLEY FISHER III JOSEPH GOLOMBEK BEVERLY GRAY MARY MARTINO BRIAN DAVIS hereby states that he /she received twenty -four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on Thursday, March 2, 2002 at 11:00 A.M. On this 26th day of March 2002, before me, the subscribers, personally appeared Dominic J. Bonifacio Jr., Marc A. Coppola, David A. Franczy Charley H. Fisher I II, Richard A. Fontana, Joseph Golombek Jr., Betty Jean Grant, Beverly Gray, Rosemarie LoTempio, Mary M. Martino, Antoine Thompson, and Brian Davis. To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. No. 2 By: Mr. Thompson Discharge Committee on Community Development 2002 -03 Recommended CDBG Budget (Mayor) (CCP #2- 2/5/02) Whereas: The above item is presently before the Committee on Community Development, and Whereas: It is no longer necessary for this item to be considered by that committee; Now Therefore Be It Resolved That: This Common Council does discharge the Committee on Community Development from further consideration, and said item is now before the Council. Seconded by Mr. Fontana ADOPT DISCHARGE No. 3 Re: 2002 -2003 Recommended CDBG Budget I hereby submit my recommendations for the City of Buffalo 2002 -2003 Community Development Block Grant Budget of $29,175,000, which 'includes HOME, ESG & HOPWA. The real value of our entitlement, taking into effect the rate of inflation and the obvious decrease in funding, is a mere fraction of what it was in the past. The attached recommendations target basic requirements, along with stabilizing core programs and allocating a modest sum to numerous development activities. I look forward to resolving a final budget within the next 30 days. It is my goal to submit the Consolidated Plan in a timely manner to meet to the Department of Housing & Urban Development's March 17th Deadline. This will ensure compliance and also provide all of the agencies, we will be funding, with money to continue their programs. RECEIVED AND FILED NO. 4 By: Mr. Pitts & Mr. Thompson Re: Amendments to Year 28 Community Development Block Grant Now, Therefore, Be It Resolved That: This Common Council does hereby amend the Mayor's Year 28 Community Development Block Grant with the attached amendments: PASSED AYES -11- NOES -0 NO. 5 MEMORANDUM OF UNDERSTANDING On this 28 1 h day of March 2002, the parties listed below do hereby agree as follows: 1. That the Masiello Administration, including BURA and BERC (hereinafter referred to as "Administration "), and, the Common Council (hereinafter referred to as "Council "), will form a Special Project Advisory Committee (hereinafter referred to as "Committee "') to discuss, review and approve or reject economic development and /or housing projects proposed and submitted to the Committee by both the Administration and the Council. 2. That the Administration and Council will establish a procedure for the review of projects and the expenditure of funds as approved by the Committee. Each proposed expenditure as approved by the Committee will be subject to the Consolidated Plan Amendment process. The process will include the determination as to eligibility under HUD rules and regulations and availability of funds. The process will commence immediately after the submission of Year 28 Consolidated Plan to HUD. 3. That the Council will submit program /project descriptions to the Administration, as required by HUD, for the items listed under "Special Projects" (i.e. Special Project Economic Development" spreadsheet dated 3/21/02) for inclusion in the Year 28 Consolidated Plan. 4. That the Administration will list eligible Special Projects in the Year 28 Consolidated Plan without a funding amount. As determined by the Committee's review process, projects may be funded through existing CDBG resources or through a special HUD 108 grant to be established. 5. That the Committee will explore the feasibility of including Special Project Public Facilities /Improvement requests within current capital budget resources. 6. That the Council will release an amount not to exceed $541,618 from 05- Public Service lines Years 20 -26 for deleted Year 28 housing items. The Administration agrees to notify the Council in advance of the accounts identified for transfer. 7. That the Administration and Council will adhere to the public service spending cap of 15 %, as determined by HUD regulations, for the 2002 -2003 Consolidated Plan program year commencing May 1, 2002 through April 30, 2003. The Administration will provide quarterly reports to the Council on the level of public service spending throughout the program year and will support the Council's efforts to petition HUD for relief from the public service spending cap. 8. That the Council and Administration understand the term "program income" to mean net revenue after BURA and BERC operational expenditures and Revolving Loan Fund obligations have been satisfied. This Memorandum shall remain in effect through the 2002 -2003 Consolidated Plan program year ending April 30, 2003 and may be subject to periodic review by mutual agreement of the parties. This agreement, or any revision thereof, will not supersede any regulations as established by the U.S. Department of Housing and Urban Development. PASSED AYES -11- NOES -0 RESOLUTION By: Mr. Pitts & Mr. Thompson NO. 6 Final CDBG Budget w/ Amendments to Year 28 Community Development Block Grant Now, Therefore, Be It Resolved That: This Common Council does hereby amend the Mayor's Year 28 Community Development Block Grant with the attached amendments: PASSED AYES— 11 - NOES-0 No 7 Adjournment At 11:45 A.M. Mr. Fontana moved to Adjourn. Seconded by MR. Coppola ADOPTED.