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Home My WebLink About02-0205No. 3 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO (February 5, 2002) MAYOR Hon. Anthony M. Masiello COMPTROLLER Anthony Nanula COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE Richard A. Fontana MAJORITY LEADER Rosemarie Lo Tempio COUNCILMEMBERS -AT -LARGE Beverly Gray Charlie A. Fisher III Rosemarie LoTempio DISTRICT COUNCIL MEMBERS MARC A. COPPOLA - DELAWARE BRIAN C. DAVIS - ELLICOTT DAVID A. FRANCZYK - FILLMORE RICHARD A. FONTANA - LOVEJOY ANTOINE M. THOMPSON - MASTEN DOMINIC BONIFACIO - NIAGARA JOSEPH GOLOMBEK JR. - NORTH MARY M. MARTINO - SOUTH BETTY JEAN GRANT - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Marc Coppola, Chairman, Charley H. Fisher III, Joseph Golombek Jr., Mary Martino, Antoine Thompson- Members CLAIMS COMMITTEE: Mary M. Martino, Chairman, Marc A. Coppola, Brian C. Davis, Richard Fontana, Betty Jean Grant - Members COMMUNITY DEVELOPMENT COMMITTEE: Antoine Thompson, Interim Chairman, Dominic J. Bonifacio Jr. Brian C. Davis, Joseph Golombek Jr., Beverly Gray, Rosemarie LoTempio- Members FINANCE COMMITTEE: Betty Jean Grant, Chairman, Marc Coppola, Brian C. Davis, Charley H. Fisher III, David A. Franczyk, Mary Martino - Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, Joseph Golombek Jr., Betty Jean Grant, Rosemarie LoTempio, Members RULES COMMITTEE: James W. Pitts, Chairman Charley H. Fisher III, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Charley H. Fisher III, Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, David A. Franczyk, Beverly Gray, Antoine Thompson; Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty Jean Grant, Joseph Golombek Jr.; Members BUDGET COMMITTEE: Rosemarie LoTempio, Chairman, Richard Fontana, Mary M. Martino, James W. Pitts ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr., Charley H. Fisher III, Joseph Golombek Jr. POLICE REORGANIZATION COMMITTEE: Dominic J. Bonifacio Jr., Chairman, Brian C. Davis, Richard Fontana, David A. Franczyk, Mary Martino, Charley Fisher III. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, (FEBRUARY 5, 2002) AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and and Council Members Bonifacio, Brown, Coppola, Ellington, Fisher, Fontana, Golombek Grant, LoTempio, Martino, Pitts, and Williams - 12 ABSENT — Gray- 1 On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on (January 22, 2002) were approved. FROM THE MAYOR NO. 1 2002 -03 RECOMMENDED BUDGET - DUNN TIRE PARK I ENTERPRISE FUND I hereby transmit to your Honorable Body my 2002 -03 recommended budget for the Dunn Tire Park Enterprise Fund pursuant to Local Law and Section 20 -18 of the City Charter. This budget covers operating costs and debt service requirements for Dunn Tire Park's 2002 -03 fiscal year that runs from April I through March 3 1. 1 continue to be hopeful that responsibility for operating the ballpark can be transferred to the County before the end of the 2002 -03 season. However, we need to have a budget in place for opening the facility in the event that the proposed County takeover continues to lag. The appropriations recommended in this budget are sufficient to meet our obligations under the lease agreement but provide no frills. The majority of recommended appropriations remain the same as in the current year with only incremental increases /decreases. Notable changes in appropriations include an increase in the seasonal employee line due to an increase in the living wage and the elimination of the private cleaning contract. Like budgets for the past several fiscal years, this budget relies on optimistic revenue estimates in order to balance. If revenues fail to meet budget estimates, the Enterprise Fund will run a deficit that will ultimately become the obligation of the City General Fund. I respectfully request that your Honorable Body approve the budget I am submitting for I believe it to be the best we can do in light of a history of declining revenues at the Park. Any further cuts in expenditures will, in my opinion, result in our inability to adequately meet our obligations under the lease agreement with the Bisons. REFERRED TO THE COMMITTEE ON FINANCE NO. 2 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 & HOPAWA. Different value of our entitlement, taking into effect the rate of inflation and die obvious decrease in funding, is a mere fraction of what it was 'in the past. 'Me 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 tnial 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. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BUFFALO ARTS COMMISSION NO. 3 CHANGE ORDER #1 FOR CONTRACT 92010198 RUSSELL MARTI CONSERVATION #3 CCP 12/14/99 The Arts Commission hereby submits to your Honorable Body the following Change Order # I with Russell -Marti Conservation Services Contract #92010198. New work item #1: Emergency removal of paint /reapply wax - Columbus statue: Increase: $900.00 Preservation treament - Gates Circle: Increase: $15,000.00 Conservation treatment - B.E.C.H.S. Langdon Doors: Increase: $10,000.00 Water permit fees: Increase: $700.00 Summary: Original amount: $85,413.00 Amount of Change Order No. 1 $26,600.00 Total: $112,013.00 The Arts Commission respectfully recommends the above change order be authorized by Your Honorable Body as set forth above. Funds are available in Account # 34320706. Thank you for your attention to this matter. REFERRED TO THE COMMITTEE ON FINANCE FROM THE OFFICE OF CITIZEN SERVICES NO. 4 REQUEST TO PUBLICIZE THE MAYOR'S HOT I TYPE IN UPPER AN LINE SERVICES I LOWER CASE ONLY PRIOR COUNCIL REFERENCE: (IF ANY) Dear Members of Buffalo's Common Council: In response to your recommendations to publicize the Mayor's Hot Line, I have done the following: 1. Worked with the City's Telecommunications Office and we made a 2 minute public service announcement, which will be played on the public access channels. 2. Prepared a brochure and had 10,000 copies printed, which will be distributed o a city -wide basis to all community and senior citizen centers. 3. Scheduled to do a taping with Mayor Masiello on January 29, 2002, to discus the Mayor's Hot Line and explain what it accomplishes. This 20 minute show will be broadcasted on the public access channels. I trust that the above actions address your concerns for the present. I am always open t any suggestions or recommendations that you may have. ATTACHMENTS RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO. 5 TIM HORTON'S RESTAURANT 1421 KENSINGTON AVE. ACCESSORY GROUND SIGN ITEM NO. 95, C.C.P. 1/22/2002 The City Planning Board at its regular meeting held Tuesday, January 29, 2002, considered the matter captioned above pursuant to Section 387 -19 and 511 -65 of the Buffalo Code, Application for billboard, ground or pole sign permits and the Kensington Bailey Business District, respectively. The applicant seeks to erect an illuminated 5' 8" x 8' 9" ground "ID" sign in addition to a 21 brick base to be located at 1421 Kensington 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 monument sign. The Planning Board approval is also part of the site plan approval. RECEIVED AND FILED NO. 6 T. RIVERS 900 KENSINGTON AVE. USED CAR SALES ITEM NO. 71, C.C.P. 12/26/2001 The City Planning Board at its regular meeting held Tuesday, January 29, 2002, considered the matter captioned above pursuant to Section 511 -65 of the Buffalo Code, Kensington Bailey Business District. The applicant seeks to add used car sales to an existing auto service operation at 900 Kensington Avenue. Under SEQR the proposed used car sales is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed used car sales conditioned on the applicant submitting a landscaping plan to Planning Board staff for their approval and that the maximum number of cars for sale not exceed six (6). RECEIVED AND FILED NO. 7 S. HARPER & G. COLE 1393 E. DELAVAN AVE. HUMAN SERVICE FACILITY LODGING HOUSE ITEM NO. 96, C.C.P. 1/22/2002 The City Planning Board at its regular meeting held Tuesday, January 29, 2002, considered the matter captioned above pursuant to Section 511 -89 and 511136 of the Buffalo Code, Multifamily dwellings, row dwellings and dwelling groups, and Use permit required for human service facilities, respectively. The applicant seeks to convert a 2.5 story frame 1 family dwelling into a lodging house located at 1393 E. Delavan Avenue. Under SEQR the proposed Human Service Facility is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to communicate a finding of no additional concentration of similar uses within 1 -t mile radius of the site and that any approvals terminate with the current property owner /operator. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE OFFICE OF STRATEGIC PLANNING NO. 8 DOWNTOWN ENTERTAINMENT DISTRICT PHASE I APPROVAL OF CONTRACT FOR SALE OF LAND 598 MAIN STREET The City of Buffalo Urban Renewal Agency duly designated 598 Main 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 THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 9 REQUEST FOR APPROVAL OF LAND USE AGREEMENT BETWEEN BUFFALO URBAN RENEWAL AGENCY AND BENDERSON DEVELOPMENT COMPANY 575 DELAWARE AVENUE - PARKING LOT The City of Buffalo Urban Renewal Agency has prepared a Land Use Agreement between BURA and the Benderson Development Company to lease an existing parking tot located at 575 Delaware Avenue. Benderson owns a building at 570 Delaware Avenue and needs to provide parking in order to save a 26,000 square foot tenancy and attract new tenants to their building. The parking lot will remain open to the public between 6:00 pm and 7:00 am weekdays and all day and night on weekends in order to accommodate the restaurants and other businesses in the area. The Agency has determined that the proposed Land Use Agreement negotiated by the Agency and the Tenant 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 Use Agreement 4. Proposed Land Use Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the Lease of Land to Benderson Development Company. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 10 "IDENTIFYING AREAS FOR LIGHT INDUSTRIAL OFFICE PARK DEVELOPMENT" DEVELOPABLE LAND IN THE CITY OF BUFFALO" ITEM NO. 17, C.C.P. 01/22/02 The Office of Strategic Planning in collaboration with the Buffalo Economic Renaissance Corporation is currently identifying areas within the City of Buffalo that would be suitable for Industrial /Commercial development. This is part of the City's effort to produce a "Comprehensive Plan" (Master Plan). Maps are being produced and a preliminary report will be filed with the Common Council on or before February 21, 2002 at 2:00 pm REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 11 RENEW LEASE AGREEMENT - CITY OF BUFFALO SUBSTANCE ABUSE TO USE 625 WEST FERRY (A.K.A. 656 ELMWOOD), SUITE 201 FOR THE ELMWOOD COUNSELING CLINIC ITEM NO. 55, C.C.P. 9/29/92 Pursuant to Item No. 55, C.C.P. 9/29/92 Your Honorable Body authorized a lease agreement between the City of Buffalo, Substance Abuse Services and 656 Elmwood Associates for the use of 625 West Ferry (a.k.a. 656 Elmwood), Suite 201 for use by the Elmwood Counseling Center. This lease commenced on June 1, 1992 and expired on May 31, 1995. This lease was renewed for a five -year period commencing on December 1, 1996 and expiring on November 30, 2001. The Division of Real Estate has been contacted by both the Division of Substance Abuse Services and Patrick Property Management, Mr. Mark Aquino (owner of 625 West Ferry) in reference to renewing this lease for an additional five year period under the same terms and conditions as the expired lease. This office recommends that Your Honorable Body renew their present lease agreement for an additional five -year period commencing on retroactively on December 1, 2001 and terminating on November 30, 2006. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 12 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 61 BISSELL (CITY OWNED- VACANT LOT, 30' X 1 10') The Office of Strategic Planning has surveyed the city -owned vacant lot at 61 Bissell Street, Buffalo New York 14211, parcel is 30' x 110' in dimension; and it has been determined that this parcel is inappropriate at for either the construction of new housing or needed for public purposes. Ms. Mary E. Scales residing at 63 Bissell Street indicated that she will clean, improve and maintain the lot in the event that 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 that the city -owned vacant lot to be designated as a Homestead Property and be transferred to Ms. Mary Scales on the condition that the property is cleaned and improved within (6 months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 13 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 43 GREY (CITY OWNED VACANT LOT) LOT SIZE: 30'X 191' 45 GREY (CITY OWNED VACANT LOT) LOT SIZE: 26'X 191' The Office of Strategic Planning has surveyed the city -owned vacant lots at 43 Grey Street, the parcel being 30' x 191' and 45 Grey Street, the parcel being 25' x 191'. These parcels are not needed for any public purpose. Mr. Ron Talboys of Habitat for Humanity residing at 9511 Keller Road, Clarence Center, New York 14032 has requested to homestead 43 and 45 Grey Street. Habitat for Humanity intends to build a residential home. The Division of Inspections and Division of Collections have been contacted. There are no proper code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city -owned vacant lots be designated as Homestead Properties an be transferred to Mr. Ron Talboys of Habitat for Humanity on the following conditions; 1) the specific structure be erected within twelve (12) months; 2) the structure be purchased by a low income family that, meets the low to moderate income criteria and reside there for a period of not less than thirty -six months. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 14 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 57 WENDE (CITY OWNED- VACANT LOT, 3 0' X 106' The Office of Strategic Planning has surveyed the city -owned vacant lot at 57 Wende Street, Buffalo, New York 14211, parcel is 30' x 106' 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. Barbara A. Frantz residing at 55 Wende Street has indicated that she will clean, improve and maintain the lot in the event that 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 that the city -owned vacant lot to be designated as a Homestead Property and be transferred to Ms. Barbara Frantz on the condition that the property is cleaned and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 15 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 66 8 WOODLAWN (CITY OWNED- VACANT LOT, 3 0' X 146' he Office of Strategic Planning has surveyed the city -owned vacant lot at 668 Woodlawn Avenue Buffalo, New York 14211, parcel is 30' x 146' 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. Cheryl Young residing at 670 Woodlawn Avenue has indicated that she will clean, improve and maintain the lot in the event that 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 that the city -owned vacant lot to be designated as a Homestead Property and be transferred to Ms. Cheryl Young on the condition that the property is cleaned and improved within (6 months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 16 UTILITY EASEMENT NIAGARA MOHAWK POWER CORP. HENNEPIN PARK The Office of Strategic Planning, Division of Real Estate, has received the attached easement agreement from Niagara Mohawk. They are requesting our assistance in obtaining the proposed easement agreement in order to install new pad- mounted transformers and underground cable in Hennepin Park to service the enlarged Community Center, as shown on Exhibit A. The Law Department and the Department of Public Works has indicated that they have no objection to this easement agreement. I am recommending that Your Honorable Body approve this easement agreement. I am further requesting that Your Honorable Body authorize the Corporation Counsel to review this agreement for their approval as to form and authorize the Mayor to execute the same. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated January 23, 2002, be received and filed; and That the Mayor be, and he hereby is authorized to execute the easement with Niagara Mohawk Power Corporation for the installation of new pad- mounted transformers and underground cable in Hennepin Park to service the enlarged Community Center. PASSED AYES -12 NOES -0 NO. 17 CITY OF BUFFALO POLICE DEPARTMENT FEDERAL ASSET FORFEITURE ACCOUNT ANNUAL CERTIFICATION REPORT FOR FISCAL YEAR ENDING JUNE 30, 2001 This is to advise that copies of the City of Buffalo Police Department Federal Asset Forfeiture Account Annual Certification Report for the fiscal year ending June 30, 2001 have been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor and the Budget Office. Included therein is the Independent Auditor's Report by Lumsden & McCormick, LLP. This report is available as a public record for inspection by all interested parties. Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested persons. REFERRED TO THE COMMITTEE ON FINANCE FROM THE PRESIDENT OF THE COUNCIL NO. 18 W. MCGUIRE -INFO PRIVATIZATION OF SANITATION DEPT In the interest of the City of Buffalo's Sanitation Department, I would appreciate you taking the time to review the attached documents. This document was prepared by AFSCME International to catalog the problems and pitfalls of privatizing sanitation departments throughout the Country. I hope this information will help you to develop an insight into the compounding effects privatizing sanitation services will have on the City of Buffalo. I would like to meet with you to discuss this issue at your earliest convenience. REFERRED TO THE COMMITTEE ON BUDGET FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 19 TAX ASSESSMENT 2001 -02 TAX YEAR 356 HERTEL AVENUE This is to advise that the owner, William Shylo instituted an action on 356 Hertel Avenue, Buffalo, New York, regarding the assessment for fiscal year 2001 -02. The assessment was reviewed by the Department and the owner expressed a willingness to settle the proceeding. The final assessment for fiscal year 2001 -02 was $442,000. The owner is agreeable to a settlement, which would result in a reduction to $180,000 on 356 Hertel Avenue. The taxpayer would be entitled to a refund of $9,838.72 for the 2001 -02 year. The 2001 -02 city taxes would be reduced from $16,587.86 to $6,749.14. Based on a review of the current market value of the property, I feel this settlement would be in the best interest of the City. I recommend this settlement, in which the Department of Law concurs. The proposed settlement is subject to approval by Your Honorable Body. I therefore request that the Corporation Counsel be authorized to settle the 2001 -02 tax assessment action on 356 Hertel Avenue by reducing the assessment from $442,000 to $180,000. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPOIRATION COUNSEL FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS No. 20 Notification Serial #9388 Install No Parking on West Chippewa Street, north and south side between Main Street and Delaware Avenue NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY West Chippewa Street, north and south side between Main Street and Delaware Avenue PROHIBITED PERIOD 7:OOpm to 5:OOam Thursday, Friday and Saturday This action is being taken at the request of the Buffalo Police Department to increase vehicular and pedestrian safety. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 21 AUTHORIZED BUT UNISSUED CAPITAL PROJECTS I have reviewed the list of Authorized But Unissued Capital Projects, dated June 3 0, 200 1, which you recently supplied me. I suggest that the following projects be removed from the list: Date Passed By Common Council Title Amount 6/11/91 Reconst of Fruit Belt Com Center 90 -91 $235,000 3/17/92 Austin Park Infrastructure 92 -93 750,000 9/19/95 St at Design - Porter Ave Exit Ramp 95 -96 100,000 6/29/99 Land Acqu -Dist. C Police Reorg 98 -99 350,000 6/29/99 Const. of Dist. C Police Facility 98 -99 350,000 3/21/00 Hist Rede Project- Michigan St. 99 -00 100,000 3/21/00 Infrastructure Impro- Lovejoy Dist. 99 -00 200,000 6/27/00 Jefferson Ave Ren Masten District 99 -00 1,000,000 7/25/00 Delavan - Moselle Center Const 00 -0 1 250,000 7/2S/00 Tosh Collins Center Expansion 00 -0 1 300,000 7/25/00 S Buffalo Comm Ctr /Library /School 00 -0 1 2,000,000 7/25/00 Sub Abuse Prevention Facility 00 -0 1 2,000,000 4/17/01 Roosevelt Park Redevelopment 00 -0 1 225,000 4/17/01 Curb Replacement- Erskine Ave 00 -0 1 250,000 4/17/01 Str, Sidwalk & Curbs - Niagara District 00 -0 1 400,000 4/17/01 Str, Sidwalk & Curb North District 00 -0 1 400,000 4/17/01 Infrastructure- Ellicott Dist & Frultbelt 00 -0 11 400,000 4/17/01 Str Overlay Parkri (Kens to E. Amh) 00 -0 1 550,000 4/17/01 S Buffalo ROW Improvements 00 -0 11 500,000 4/17/01 Str, Sidewalks & Curbs - Delaware Dist 00 -0 1 700,000 4/17/01 Schr, Henn, Stacski, Wal Pks Mast 00 -01 1,900,000 5/1/01 New West Side Com Cnt 00 -0 1 200,000 5/29/01 Fillmore Ave Fire Stat Study & Des 00 -01 250,000 5/29/01 Infrast Improve -Fill more District 2001 400,000 The following projects are partially federally funded. We will be receiving up to 94% reimbursement: 9/22/98 Hertel Ave Recon 98 -99 $6,5379,000 9/22/98 Mich Ave Bridge Reconstruction 98 -99 8,620,000 12/28/99 Constr Arena Str 99 -00 3,420,000 12/28/99 Elm Ave Recons 99 -00 5,400,000 12/28/99 Signal Impro- Various 99 -00 7,000,000 6/13/00 Reconst of Main St. 99 -00 24, 448, 000 10/31/01 Gen St. Recon (Bailey to City Line) 00 -0 1 4,600,000 10/31/01 S Park Lift Bridge Rehab 00 -0 1 5,175,000 Please let me know if you need any additional information. REFERRED TO THE COMMITTEE ON FINANCE No. 22 Emergency Sheave Bearing Replacement South Park Lift Bridge P.I.N. 5756.61 During a recent planned mechanical component inspection of the South Park Lift Bridge over the Buffalo River it was discovered that sheave bearings were damaged beyond repair. With this condition the bridge cannot be raised until the bearings are replaced. The City in conjunction with NYSDOT have declared the project an emergency and are proceeding with design and bidding of the repair work. In order to have the $800,000 cost reimbursed at 94% to the City the following resolution is submitted for Your Honorable Body's approval - The Commissioner of Public Works, Parks & Streets hereby requests the that Your Honorable Body approve a resolution authorizing the Mayor to enter into all necessary agreements with the New York State Department of Transportation ( NYSDOT) to facilitate design, construction, contract administration and inspection of the Emergency Bearing Replacement Project. In addition let it be resolved that the City hereby fully endorses this project and agrees to pay all necessary costs associated with the project in regard to first instance funding and Federal /nonfederal shares of the necessary project phases. Funds for this purpose is the City of Buffalo Capital Project Account specifically for this purpose which was authorized by the Common Council by item #190 of C.C.P. 10/31/2000. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks & Streets dated January 31, 2002, be received and filed; and That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the New York State Department of Transportation ( NYSDOT) to facilitate design, construction, contract administration and inspection of the Emergency Sheave Bearing Replacement Project at South Park Lift Bridge P.I.N. 5756.61 , That the City of Buffalo agrees to pay all necessary costs associated with the project in regard to first instance funding and Federal /Non - Federal shares of the necessary project phases. Funds for this purpose are available in a Capital Project Account specifically for this purpose, which was approved by Item No. 190, C.C.P., 10/3 1/00. Passed. AYES -12- NOES -0 No. 23 Bailey Avenue, Seneca Street and Elk Street -, Pipeline within Right of Way Mr. Keith Bartling of Exxon Mobil Line Company, has requested permission to install a 6" steel pipeline within City rights of way on Bailey Avenue, Seneca Street and Elk Street in order to transport refined liquid petroleum. Mobil Exxon is in the process of relocating an existing pipeline measuring 1.5 miles and located near the Buffalo River which must be replaced due to riverbank erosion. The new pipeline will be installed primarily on private property once owned by Conrail but needs to cross Bailey Avenue, Seneca Street, and Elk Street in order to reach its destination. The pipeline will be installed using the directional bore method and be ten (10') feet below grade. The proposed pipeline would cross City rights of way at the following locations; • Bailey Avenue, approximately 650' north of Seneca Street. • Seneca Street, approximately 150' west of Bailey Avenue. • Elk Street, approximately 400' west of Bailey Avenue. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413 -67 (Encroachment regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of this department to issue a "Mere License" for said encroachment provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the pipeline be installed a minimum of ten feet (10') below grade. 3. That the applicant supply the Department of Public Works, Parks and Streets with a set of "as built" drawings upon completion of the project depicting the exact location of the pipeline. 4. That the applicant be an active member of Dig Safely New York as required by New York State Law (Code 753). 5. That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use or removal of said pipeline. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD No. 24 Report of Bids Repair to City Pavements - 2002 Group #581 This is to advise your Honorable Body that I have advertised and received bids for the Repair to City Pavements, 2002, Group #581 on January 23, 2002. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase Thomann Asphalt Paving Corp. $139,980.00 $153,978.00' 56 Gunville Rd., Lancaster, New York 14086 C.Destro Development Co., Inc.$147,750.00 $161,748.00 3150 Seneca St. West Seneca, NY 14224 Louis Del Prince & Sons, Inc. $163,075.00 $177,073.00 580 Cayuga Rd, Cheektowaga, NY 14225 Birch Grove Land & Nursery, Inc.$171,025.00 $185,023.00 P.O. Box 117, East Aurora, NY 14052 Sunshine Concrete Co., Inc. $171,965.00 $185,963.00 2081 Tonawanda Creek Rd., Amherst, NY 14228 Amherst Paving, Inc. $172,925.00 $186,923.00 330 Meyer Road, Buffalo, NY 14226 P & J Construction Co., Inc. $186,900.00 $200,898.00 709 Pleasantview Drive, Lancaster, NY 14086 Master's Edge, Inc. $197,425.00 $211,423.00 1807 Elmwood Ave, Suite 290, Buffalo, NY 14207 'Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is Thomann Asphalt Paving Corp. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $153,978.00 ($139,980.00 Base Bid plus $13,998.00 10% unit price increase = $153,978.00 Total Award). Funds for this work are: in the Department of Public Works, Parks & Streets Capital Projects Account #30003006, #30123906, #30335006 and #30032106). Locations are determined by emergency storm damage, street collapses, hazardous conditions and repairs prior to paving. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by March 9, 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 January 24, 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 Repair to City Pavements to Thomann Asphalt Paving Corp., the lowest responsible bidder, in an amount of $153,987.00 ($139,980.00 Base Bid plus $13,998.00,10% unit price increase = $153,978.00 Total Award). Funds For this project are available in the Department of Public Works, Parks & Streets Capital Projects Account #30003006, #30123906, #30335006 and #30032106. Passed. AYES -12- NOES -0 No. 25 Report of Bids Replacement of City Sidewalks at City of Buffalo Demolition Sites — 2002 Group #580 This is to advise your Honorable Body that I have advertised and received bids for the Replacement of City Sidewalks at city of Buffalo Demolition Sites - 2002, Group #580. In obtaining bids for the 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 ad may be either more or less than the total bid The following bids were received: Base Bid Unit Price Increase C.Destro Development Co., Inc., $78,580.00 $86,438.00 3150 Seneca Street, West Seneca, NY 14224 C & C Contractors, Inc. $90,460.00 $99,506.00 971 Ransom Road, Lancaster, NY 14086 Sicilia Construction CO., Inc. $93,118.00 $102,429.80 26 Strasbourg Drive, Buffalo, NY 14227 -3021 Master's Edge, Inc $93,516.00 $102,867.60 1807 Elmwood Ave, Suite 290, Buffalo, NY 14207 P & J Construction Co., Inc $103,180.00 $113,498.00 709 Pleasantview Drive, Lancaster, NY 14086 Campobello Construction Co., Inc. $107,540.00 $118,294.00 3407 Delaware Avenue, Buffalo, NY 14217 Aragona Construction Corp 14051 $112,908.00 $124,198.80 5755 Newhouse Road, Amherst, N A.B.P. Concrete Construction Co., Inc. $141,132.00 $155,245.20 1 hereby certify that the lowest responsible bidder for the above project is C. Destro Development Co., Inc I respectfully recommend that your Honorable Body authorize a contract award in the amount of $86,438.00 ( $78,580.00 Base Bid + 10% unit price increase $7,858.00 = Total Award $86,438.00 ). Funds are available in buildings demolition account 35340106. The engineer's estimate for this work is $100,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by March 9, 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 January 24, 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 Replacement of City Sidewalks at City of Buffalo Demolition Sites - 2002, Group #580 to C. Destro Development Co., Inc., the lowest responsible bidder, in an amount of $86,438,00 ($78,580.00 Base Bid plus 10% unit price increase $7,858.00 = Total Award $86,438.00). Funds for this project are available in buildings demolition account 35340106. Passed. AYES - 12 - NOES — 0 No. 26 Change in Contract Zoological Gardens Main Animal Bldg. Electrical Work I hereby submit to Your Honorable Body the following changes for the Zoological Gardens, Main Animal Building, Electrical Work, Electrical Service Systems, C #92010501. 1. Permit fee waived by Common Council. Deduct $ 330.00 The foregoing change results in a net decrease in the contract of Three Hundred Thirty and 00/100 Dollars (4330.00). Summary: Current Contract Amount $173,200.00 Amount of This Change Order ( #1) Deduct $330.00 Revised Contract Amount $172,870.00 Costs have been reviewed by the Consulting Architect (Foit- Albert Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are to be credited to CPF 31280006 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 January 17, 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 Electrical Service Systems, a decrease in the amount of $330.00, as more fully described in the above communication, for work relating to the Zoological Gardens, Main Animal Building, Electric Work C #92010501. Funds for this project are to be credited to CPF 3 1280006 445 100 - Division of Buildings. Passed AYES -12- NOES -0 No. 27 Change in Contract Zoological Gardens Main Animal Bldg. Electrical Work I hereby submit to Your Honorable Body the following changes for the Zoological Gardens, Main Animal Building, Electrical Work, Electrical Service Systems, C #92010501. 1. Provide and install additional circuit breakers in main distribution switchboard. Add $ 1,600.00 The foregoing change results in a net increase in the contract of One Thousand Six Hundred and 00/100 Dollars ($1,600.00). Summary: Current Contract Amount $172,870.00 Amount of This Change Order ( #2) Add $ 1,600.00 Revised Contract Amount $174,470.00 Costs have been reviewed by the Consulting Architect (Foit- Albert Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 31280006 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 January 17, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to Electrical Service Systems, an increase in the amount of $1,600.00, as more fully described in the above communication, for work relating to the Zoological Gardens, Main Animal Building, Electric Work C #92010501. Funds for this project are available in CPF 31280006 445 100 - Division of Buildings. Passed AYES - 12 - NOES — 0 No. 28 72 -76 Pearl Street; Elevated Walkway Within City Right of Way Mr. Earl A. Ketry, Managing Partner of the Pearl Street Grill & Brewery, located at 72 -76 Pearl Street, has requested permission to install an elevated walkway within City right of way at said address. The walkway would be located on the Seneca Street side of the property and connect a proposed two tier outdoor patio, located behind the building, to the main restaurant. The walkway would measure approximately sixty feet (60') in length and project five feet (5') from the building face into the sidewalk area. The walkway would be constructed of steel and be elevated a maximum of five feet six inches above the sidewalk. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413 -67 (Encroachment regulations) of the City Ordinances and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If approved by the Planning Board and Your Honorable Body the Commissioner will issue a "Mere License" for installation of said encroachment provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 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 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 that the Commissioner of Public Works, Parks, and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, said commissioner may order the immediate removal of the encroachment as described in Chapter 413 -67 (F) of the City Ordinances. 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 or removal of said elevated walkway. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 29 Install All Way Stop Signs on Emslie Street at Bristol Street ITEM # 187; C.C.P. 09/04/01 The Department of Public Works, Parks and Streets was requested to respond to item 4187 of September 4, 2001. This item requested that this department determine whether a traffic signal or all -way stop control is warranted at the intersection of Emslie and Bristol Streets. An investigation, conducted by the Traffic Engineering office, yielded the following: 1) Traffic volumes at this intersection do not warrant the installation of a traffic signal. 2) New York State Department of Transportation Standards state that the concurrence within a twelve (12) month period of five (5) or more reported accidents, would warrant the installation of "multi -way stop" control. Our records indicate that over the past 3 years, no accidents have occurred at this location. 3) Line -of -sight distances are not obstructed at this intersection. 4) Stop control already exists in Bristol Street at Emslie Street. This stop control was installed in 1954. Given the above, this department does not find evidence supporting the need for a traffic signal or all -way stop control at this intersection. However, this department will install Playground Warning signage on the surrounding streets within REFERRED TO THE COMMITTEE ON LEGISLATION NO. 30 Request Approval of Easements Roswell Park Pedestrian Bridge N. Oak St. between Carlton and High Streets CCP #124 of 5/15/01 Previously Your Honorable Body approved the closing and abandonment of North Oak St. between Carlton and High Streets to facilitate development plans at Roswell Parks Cancer Institute. Since this time the parties involved have decided it is in their best interests to keep this section of N. Oak St. open for safety and access issues related to the Roswell Complex. The new plans call for lowering the pavement on N. Oak St. to achieve the minimum 14' clearance required for the pedestrian connector bridge. In order to construct the pedestrian bridge right of way encroachment easements and an air right easement for the bridge are necessary. Descriptions for the required easements are attached and are hereby submitted to Your Honorable Body for.7pproval. REFERRED TO THE COMMITTEE ON LEGISLATION No. 31 Request for "No Dumping" signage on Norfolk Avenue off of East Delavan Avenue: Item No. 81, C.C.P. 01/22/02: The Department of Public Works, Parks and Streets was asked to respond to item 481 of January 22, 2002. This item requested the installation of a "No Dumping7 sign on Norfolk Avenue off of East Delavan Avenue at the northern dead end. The Traffic Engineering Section has investigated this request. Our inspection found one "No Dumping" sign presently posted at the dead end. However, it was noted that an additional sign could be posted. Therefore the necessary worksheet to perform this task has been written and the sign should be in place within one week. RECEIVED AND FILED NO. 32 Request Resolution Traffic Signal Replacement on Genesee St. P.I.N. 5756.45 The City of Buffalo Department of Public Works, Parks & Streets has applied for and received federal funds for traffic signal replacements on Genesee St. between Michigan Ave. and Bailey Ave. / City line. In order to proceed with this project the New York State of Transportation ( NYSDOT) requires a resolution passed by Your Honorable Body as follows: The Commissioner of public Works, Parks & Streets hereby requests that Your Honorable Body approve a resolution authorizing the Mayor to enter into all necessary agreements with NYSDOT to facilitate design, construction, contract administration and inspection of the Genesee St. Traffic Signal Improvement Project. Also be it hereby resolved that the City fully endorses the project and agrees to pay all necessary costs associated with first instance funding and the Federal /Non - Federal shares of the necessary project phases. Funds for this purpose are available in a Capital Project.. Account specifically for this purpose, which was approved by the Buffalo Common Council, Item #172 of C.C.P. 12/28/1999. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works., Parks & Streets dated January 31, 2002, be received and filed; and That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the New York State Department of Transportation ( NYSDOT) to facilitate design, construction, contract administration and inspection of the Genesee Street Traffic Signal Improvement Project P.I.N. 5756.45. That the City of Buffalo agrees to pay all necessary costs associated with first funding and Federal /Non - Federal shares of the necessary project phases. Funds for this purpose are available in a Capital Project Account specifically for this purpose, which was approved by Item No. 172, C.C.P., 12/28/99. Passed. AYES -12- NOES -0 No. 33 Status of Payments for the J.B. Wiley Sports Pavilion Item #18, C.C.P. 1/22/02 Item #20, C.C.P. 1/22/02 Item #21, C.C.P. 1/22/02 Please be advised of the following status of pending J.B. Wiley Sports Pavilion payments. 1. All requests for utility payments since 7/1/02 have been forwarded to the Division of Audit for payment directly to the particular utility seeking payment. 2. Past due bills from Drake Lawn and Garden have been entered on the Munis system by both the Division of Buildings and Parks for payment. 3. The $18,537.51 paid by BFNC for electric service rp for to 7/1/02 was sent to the Claims Committee meeting held on January 29, 2002. 4. The new snowblower cannot be ordered because all Capital Outlay accounts have been frozen by the Budget Division. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF POLICE NO. 34 C. Fisher -P. Harris - Problems - Wakefield & Holden Streets #75 C.C.P. Jan. 22,2002) Our Detective Division is conducting an investigation of events at and around Wakefield & Holden. We are also formulating a plan to address complaints about the retail outlet located at that corner. I request additional time be allotted to work on a long range plan. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION FROM THE COMMISSIONER OF FIRE NO. 35 Fire Company Rotation — 01/11/02 — 01/17/02 Per your request, attached are the response times survey's which show the effects of the temporary closings and manpower reports for January 11 - January 17, 2002. REFERRED TO THE COMMITTEE ON BUDGET No. 36 Appt. Deputy Fire Commissioner I hereby nominate Michael D'Orazio to the non - competitive position of Deputy Fire Commissioner, effective January 28, 2002 at the salary of $85,482. REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 37 Appt. Deputy Fire Commissioner I hereby nominate Margaret Keane to the non - competitive position of Deputy Fire Commissioner, effective February 4, 2002 at the salary of $85,482. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 38 CLAIM - CITY V. KIN NING HO, ET AL In June, 1999, Police Officer Anthony Faraco was involved in an on -duty accident while riding a motorcycle on South Park Avenue. The other vehicle was a Canadian rental car operated by Kin Ning Ho. Officer Faraco filed a lawsuit against the other driver seeking reimbursement for an injury to his back. The City of Buffalo also has a claim against the driver pursuant to Section 207 -c of the General Municipal Law for wages and medical expenses paid Officer Faraco relating to the accident. The City's total claim is a maximum of $14,653.24 including $2,686.86 for medical bills. The insurance company has offered the sum of $6,500.00 to settle this matter. This appears to be a very good settlement for a number of reasons. First, there is a question as to whether Officer Faraco was partly responsible for the accident. The accident occurred fight after the officer made a left hand turn. The other driver was pulling away from the curb. It could be argued that both drivers were partly responsible for the accident. Second, the insurance company has offered to settle prior to the City of Buffalo commencing suit. This saves the expenses of filing fees, service of process and other litigation expenses. Third, and most importantly, there is a question as to whether all of the medical bills and wages relate to this accident. Officer Faraco has had four (4) prior on -duty accidents involving injuries to his back, as well as previous back surgery. Pursuant to Section 3 -24 of the Charter, the Corporation Counsel has settled this claim for the sum of $6,500.00 payable to the City of Buffalo. This item is being filed for informational purposes only pursuant to Section 3 -24 of the City Charter. RECEIVED AND FILED NO. 39 PROPOSED SETTLEMENTS OF BERN AND UNIVERSAL HAZARDOUS WASTE DISPOSAL SITE LITIGATIONS Both Bern Metal, and Universal Iron and Metal, were former metal recycling facilities. On the facility batteries were historically recycled by stripping the lead cores out. At the same time particularly at the Bern Metal Site it appears that the battery acids, which did contain lead were allowed to leak onto the property. As a result there was substantial lead contamination of the site. Approximately twenty (20) years ago, the City of Buffalo was alleged to have sent its batteries for recycling to the site. Based on the fact that we were a municipality and kept records of such operations because they were bid out, the other responsible parties are able to document our contributions. Based on the theory that we sent material there for disposal, we are alleged to be a responsible party under the law. The principal corporate defendants formed a potentially responsible party "PRP" group, which will spend approximately S 10,000,000.00 installing a cap remedy on the Bern Metal Site after the remediation is in place. The Bern Metal Site will also receive the contaminated surface soils from the Universal Iron and Metal Site underneath the cap. The residential properties on the Clinton, Bender Avenue comer set forth in the attached map were previously remediated under EPA supervision, and houses were subsequently tom down. The Site has now been cleaned and is suitable for redevelopment, preferably commercial based upon its location. The proposed settlement would transfer the cleaned Clinton, Bender properties to the City of Buffalo for reuse and also request the City of Buffalo to takeover limited Operation and Maintenance costs with regards to the cap which are set forth on the attached estimate prepared by the New York State Department of Environmental Conservation dated December 5, 2001. Many of these items which have monetary values assigned to them can be done by existing personnel with no additional cost to the City of Buffalo, This Would include the monthly inspections by our Geologist. In addition, we have mowing capabilities. With regard to the taking of the ground water samples, again the City Geologist with the appropriate equipment would be able to take the samples and send them to the lab. We would still have the out -of- pocket costs for the analyticals. In addition if fence repairs were necessary, that would be an out -of- pocket expense. We would like to discuss this matter in an Executive Session. After such meeting, we will be requesting your approval of the proposed settlement. Mrs. LoTempio moved: That the above communication from the Corporation Counsel dated January 31, 2002, be received and filed; and That the City of Buffalo be, and is hereby authorized to enter into a Settlement Order and Consent Decree concerning environmental conditions in and around Bern Metal and Universal Iron and Metal former recycling facilities, conditioned upon the City of Buffalo obtaining Releases and Contribution Protection from the State of New York as consideration for entering into the duties outlined in the Consent Decree; said duties include routine operation and maintenance of the former Bern Metal Site after the Cap is completed by the other potentially responsible parties. The duties shall be those more fully delineated in the attached schedule; and That the Buffalo Urban Renewal Agency is hereby authorized to accept under a global settlement agreement; the previously remediated residential properties as fully delineated on the attached map to further facilitate commercial development of the properties; and That the Corporation Counsel be, and he hereby is authorized to enter into further Consent Decrees, Orders and Stipulations as are necessary to carry out the intent of this resolution /settlement. PASSED AYES -12 NOES -0 FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 40 SECOND HAND DEALER 1434 HERTEL Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attache4 application for a Second Hand Dealer License located 1434 Hertel and find that as to form it is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Heidi Szymaszek. The attached thereto for Heidi Szymaszek d /b /, Madbouse Furnishings. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 41 SECOND HAND DEALER 797 SENECA Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Second Hand Dealer License located 797 Seneca and find that as to form it is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being; sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, . find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Lloyd Hogan. The attached thereto for Lloyd Hogan d /b /a The Good Door Store. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 42 SECOND HAND DEALER 754 TONAWANDA Pursuant to Chapter 254 of the City of Buffalo Ordinances. please be advised that I have examined the attached application for a Second Hand Dealer License located 754 Tonawanda and find that as to form it is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Janette Tadken. The attached thereto for Janette Tadken d /b /a Rent -A Center Inc #01893. This request is submitted for your approval or whatever action you deem appropriate. Mrs. LoTempio moved: That the above communication from the Commissioner of Permit and Inspection Services dated January 25, 2002 be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer license to Janette Tadken, d /b /a Rent -A- Center Inc. #01893 located at 754 Tonawanda Street. PASSED AYES -12 NOES -0 NO. 43 USED CAR DEALER 259 AMHERST 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 259 Amherst and rind that as to form it is correct. I have cause, an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Joseph Piparo. The attached thereto for Joseph Piparo d /b /a Pinnacle Automotive In( This request is submitted for your approval or whatever action you deem appropriate. Mrs. LoTempio moved. That the above communication from the Commissioner of Permit and Inspection Services dated January 23, 2002, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to Joseph Piparo, d /b /a Pinnacle Automotive Inc., located at 259 Amherst Street on the condition that a ten (10) car limit be allowed for display. PASSED AYES -12 NOES -0 FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 44 USED CAR DEALER 1365 BAILEY Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 1365 Bailey 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 William Bitterman. The attached thereto for William Bitterman db /a Bill Bitterman Automotive. This request is submitted for your approval or whatever action you deem appropriate. Mrs. LoTempio moved: That the above communication from the Commissioner of Permit and Inspections Services dated February 5, 2002, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Permit and Inspection Services be and hereby is authorized to grant a Used Car Dealer License to William Bitterman d /b /a Bill Bitterman Automotive. PASSED AYES -12 NOES -0 NO. 45 B. GRAY -V. CRAY - CONCERNS - SECURITY -1382 JEFFERSON ITEM #83, C.C.P. JANUARY 22, 2002 The City of Buffalo has been billing alarm owners for avoidable alarms since 1997. Pursuant to Chapter 263 -12 of the Code of the City of Buffalo, an alarm owner is subject to fees for any "excessive avoidable alarm ", defined as any avoidable or false alarm in excess of three per license year. The purpose of the ordinance is to protect and promote the health, safety, and general welfare of the residents of the City of Buffalo by reducing the number of avoidable or false alarms requiring a response by the Department of Fire and the Department of Police. When an alarm system has activated three avoidable alarms during a permit year, the Division of Licenses sends a notice to the registered alarm owner or to the address to which an emergency response was required if the alarm is not registered. The alarm owner then has twenty days to dispute the original billing in writing. In light of the recent budget situation the City of Buffalo is facing, the Commissioner of Administration and Finance requested that the Division of Collections pursue collection of overdue avoidable alarm fees. Accordingly, the Division of Collections generated collection notices for all past due alarm fees for 1999 and 2000. This office fields all phone inquiries, provides backup information detailing the incidents, and establishes payment arrangements for alarm owners with large balances. If after consultation with this office, the alarm owner still has a dispute, they are asked to put their complaint in writing at which time an administrative law judge for the Department of Administrative Adjudication makes a determination if a hearing is warranted. The bill in question is for one chargable offense. The police were dispatched to 1382 Jefferson on four occasions in the year 2000, which were not a genuine emergency. The alarm owner was not billed for the first three incidents. Ms. Cray's dispute has been forwarded to the administrative law judge and a determination is pending based on the fact that a dispute was not submitted within twenty days of the original billing. The Division of Collections has collected over $10, 000 since December 3, 2001 in outstanding alarms fees. In addition, we have resolved countless problems with incorrect bills and took the necessary steps to have these problems addressed and corrected. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF COMMUNITY SERVICES NO. 46 "BMHA - RE- FUNDING PUBLIC HOUSING DRUG ELIMINATION PROGPM" (PHDEP) ITEM #19, C.C.P. JANUARY 22,2002, Dear Mrs. Rushton: Please accept this letter as my response to Item #19, C.C.P. January 22, 2002, "BMHA - Re- Funding Public Housing Drug Elimination Program" (PHDEP). I recently met with the Board of Directors for BMHA. The above - referenced program is an asset and is extremely viable to all the residents at BMHA. It would be a travesty for BMHA to end it. According to Ms. Sharon West, Director of BMHA, and the Board of Directors for BMHA, the money for PHDEP has been transferred to BMHA's operating budget. The remaining money is forthcoming. I have requested that the BMHA fund the program until June 30, 2002. According to Ms. West's communication, BMHA will receive money for the new contract year to continue the program. Therefore, it is my understanding that the money is currently in the operating budget and available to continue the program through June 30, 2002. 1 can not express enough the importance of PHDEP. I will continue to work with Ms. West to assure that the appropriate money is in the operating budget to carry this program through June 30, 2002, and in the future. I will als4o work diligently to renew the contract and funding for the Division of Substance Abuse. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 47 REASSIGNMENT OF DUTIES OF DIRECTOR OF BENEFITS AND COMPENSATION The Director of Compensation and Benefits is responsible for the administration of all employee benefit and wellness programs. The Director, Steven Miska, was laid off on November 2, 2001. His supervisory duties were reassigned as follows: Medical & Dental Insurances Louis Giardina, Director of Employee Relations Family Medical Leave Margherita Fanti, Director of Personnel Employee Benefits Kathleen O'Hara, Commissioner of Human Resources & Louis Giardina Unemployment Kathleen E. OHara Workers' Compensation Kathleen O'Hara & Louis Giardina Insurance (non - medical) Kathleen O'Hara & Louis Giardina Retirement matters Kathleen O'Hara & Louis Giardina The staff assigned to the various employee benefits matters is unchanged. They are: Insurance (non - medical) David Gannon Medical & Dental Insurances; Tracy Healy- Barker Entitlements; Retirement Enrollment Unemployment Jeanine Farmer Workers' compensation Nora Hrycych Employee Wellness Philip Haberstro RECEIVED AND FILED FROM THE BOARD OF EDUCATION NO. 48 YPC /CBO - BUFFALO VOCATIONAL TECHNICAL CENTER NO. 84 C.C.P. 07/10/01 Pursuant to a request from the Common Council's Education Committee, the Board of Education is submitting copies of Plan You Future for all Common Council Members. REFERRED TO THE COMMITTEE ON EDUCATION FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 49 BMHA- BUFFALO MUNICIPAL HOUSING AUTHORITY REQUEST BMHA FILE AGENDA /MINUTES OF MEETINGS ITEM 48; C.C.P. JANUARY 22, 2002 "J. GOLOMBEK Attached is a copy of our Occupancy & Marketing Commissioner's Report indicating Move Ins /Move Outs for the BMHA for the month of December. Also attached is a copy of the Agenda for our January 25, 2002 Board Meeting as well as Minutes of Meetings held on December 6th and December 20, 2001. These items are being submitted in response to Item #82. Accordingly, please file this with the Common Council by 100 p.m. on /or before Thursday, January 31, 2002. Also, please advise this office with the correct address to forward future monthly reports. Thank you for your assistance in this matter. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 50 "DEDICATED PUBLIC STREETS FREDERICK DOUGLASS REDEV. PROJ," (928 C,C.P. JAN. 227 2001) This office is in receipt of your letter dated January 23, 2002, copy attached, A telephone call was made to your office on this date to advise that through the collaborative efforts of the BMHA and Norstar, we are in the process of compiling the requested materials and the response will be forthcoming. Accordingly, please be advised that your office -will be receiving a- response to the above matter in the very neat future, If you have any questions, please contact the undersigned. Thank you for your cooperation in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 51 UNION SHIP CANAL REDEVELOPMENT PROJECT ITEM NO. 93, C.C.P. 03/2001 Development Downtown Inc. (DDI) is the project sponsor for the Union Ship Canal Redevelopment Project. As project sponsor, DDI was required to prepare an Environmental Impact Statement (EIS) in compliance with New York State Environmental Quality Review Act (SEQRA). The Common Council is the lead agency reviewing the Generic Environmental Impact Statement (GEIS) for the Union Ship Canal project. The Council established the Union Ship Canal Committee as a special committee to facilitate their review. Over the last year, all appropriate and necessary procedures have been followed, resulting in the development and completion of a Final Generic Environmental Impact Statement ( FGEIS). The FGEIS was accepted by the DDI Board on January 24, 2002, and is being forwarded to the Common Council for its acceptance as complete. DDI is requesting that the Common Council accept this document as complete, and further that the Common Council direct the City Clerk to advertise a thirty (30) day public comment period., and subsequently that the City Clerk be directed to advertise and publish the appropriate Notice of Completion (NOC) of the FGEIS, in accordance with SEQRA. REFERRED TO THE SPECIAL COMMITTEE ON UNIONSHIP CANAL NO. 52 NOTICE OF COMPLETION OF DRAFT —UNION SHIP CANAL DISTRICT Attached form available for review in the City Clerk's Office State Environmental Quality Review Notice of Completion of Draft Final EIS SEQR REFERRED TO THE SPECIAL COMMITTEE ON UNIONSHIP CANAL FROM THE CITY CLERK NO. 53 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 2 Schreck Ave 2 schreck Ave Evelyn Degraffen RECEIVED AND FILED NO. 54 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: Comptroller- Christina Pugh, Edmond Jensen Jr. Police- Chiquita Foster Corporation Counsel- Kathleen O'hara Community Services -Laura Lonie Permit and Inspection Services- Michael Muscarella Administration and Finance- Robert Sienkiewicz RECEIVED AND FILED NO. 55 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: X City Planning Board RECEIVED AND FILED. NO. 56 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mrs. LoTempio moved the approval of the appointments to the position of Council Intern. ADOPTED CERTIFICATE OF APPOINTMENT Appointment Effective in the Department of Common Council, Temporary Appointment at the to the Position of Intern VI at the Starting Salary of $10.00 /hr Reginald M. Douglas, 220 Bissell Ave, Buffalo, NY 14211 Emerson Barr, 39 Norway Park, Buffalo, NY 14208 NO. 57 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE CERTIFICATE OF APPOINTMENT Appointment Effective: January 26, 2002 in the Department of Public Works, Parks & Streets, Division of Buildings, to the Position of Senior First Class Stationary Engineer, Temporary - 6 months Appointment at the Flat Starting Salary of: $ 10.25 Frank P. Bifaro, 16 Red Jacket Parkway, Buffalo 14220 NON - OFFICIAL COMMUNICATIONS PETITIONS AND REMONSTRANCE S NO. 58 B. DAVIS -M SCHMAND -BFLO PLACE SPECIAL DISTRICT VENDING CHIPPEWA ST Please file the attached information regarding special district vending for the upcoming Council Session held on Tuesday, February 5, 2002, for further discussion. Should require further information regarding this request, please feel free to contact me at 851 -4980. Dear Brian We have been asked by -a property owner to respond quickly to a request for a merchandise -only vending site in front of his Chippewa Street property. As you know, Downtown Buffalo benefits greatly from the presence of sidewalk vendors. Buffalo Place has gladly helped promote sidewalk vending in Downtown Buffalo for several years. Concurrently, Buffalo Place constantly strives to promote more retail activity in Downtown. Mark Goldman, owner of the Calumet, has requested the addition of a merchandise -only vending site in front of his venue on Chippewa and Franklin. This is a great opportunity to promote mixed -uses on Chippewa, and incubate retail for Downtown. We are very pleased that Mr. Goldman wants to support Downtown in this respect, In case there are questions about the status of vending on Chippewa Street, there is only one food - vending sit.- at the northwest comer of Chippewa and Franklin. This is a daily site, which tends to always be occupied. 'Me other - vending carts, all of which sell hot dogs, are authorized through outdoor caf6 licenses held by the business owners from the City. Of course, Buffalo Place has no jurisdiction over outdoor cafes, but we do assist the City in managing downtown vending sites. We have attached the map with the location of the proposed site. We would appreciate it if you would submit this to the Common Council at your earliest convenience so that merchandise vendors can take advantage of our mild weather. We will, as usual, be submitting the entire Special District Vending Map again in late -April for the Council's approval. Thank you for your assistance, and feel free to call Julie Salvo or me at 856 -3150 if you have any questions. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL NO. 59 C FISHER -MRS COOPERWOOD -REQ ASSISTANCE SNOW PLOWING ISSUES 6 RUSTIC PLACE I hereby submit for filing copies of a letter from Mrs. Cooperwood. She is a concerned citizen and is requesting assistance from the council in snow plowing issues in her neighborhood. REFERRED TO THE SPECIAL COMMITTEE ON STREET SERVICES AND THE COMMISSIONER OF PUBLIC WORKS NO. 60 C- FISHER - JESSIE KETCHUM MEM FUND - AWARDS PROGRAM I hereby submit for filing copies of the Jesse Ketchum Memorial Fund 13 01h Annual Awards Ceremony program. The October 25, 2001 program recognized the academic excellence of the 8 th grade students in the Buffalo Public Schools. I also hereby submit for filing copies of the semi - annual meeting of the officers and trustees of the Jesse Ketchum Memorial Fund from September 18, 2001. REFERRED TO THE COMMITTEE ON EDUCATION NO. 61 C. FISHER -DR. REV H REID -REQ. PROPER SNOW REMOVAL SURROUNDING AREA OF CHURCH I hereby submit for filing copies of a letter from Dr. Rev. Herbert V. Reid, the Pastor of Gethsemane Missionary Baptist Church. Rev. Reid is requesting proper snow removal surrounding the areas of his church so they may continue to provide services to members of his congregation and members of the community. Charley H. Fisher III Council Member at Large Dear Mr. Fisher, As per our recent phone conversation regarding snow removal, for Gethsemane Missionary Baptist Church, we are proud to be the pinnacle of political participation in the community. Our congregation hosts many cultural activities that are in operation seven days a week, some of which begin early in the day. These programs provide support to parents, the homeless, as well as a variety of programs that support our diversified congregation, such as our after school programs, feeding the homeless program, men's meeting, bible study, SCLC, prayer meeting, tutorial programs, youth programs, girl and boy scout programs, just to mention a few. Therefore it is essential that our streets be cleared of snow on an ongoing basis, so that we may continue to provide the type of services that residents of this community depend on and have become accustomed to receiving. In short, it is necessary that we have access to our church buildings and parking lots on an ongoing basis. Let me take this opportunity to thank you in advance for your assistance in insuring that our church community and surrounding areas receive snow removal service throughout the winter season in a timely manner. Should you require additional information, please do not hesitate to contact me at your earliest convenience. REFERRED TO THE SPECIAL COMMITTEE ON STREETS SERVICES AND THE COMMISSIONER OF PUBLIC WORKS NO. 62 C. FISHER - WAKEFIELD AVE. BILK. CLUB -REQ ASSISTANCE DRUG PROBLEMS I hereby submit for filing copies of a letter from the Wakefield Avenue Block Club. Members of the club are requesting assistance in addressing the comer of Wakefield and Holden, because of the drug activity and the lack of safety of the children in these areas. Charley H. Fisher III Council Member at Large Wakefield Block We will not have a Block club meeting scheduled this month. We would like to have your present at our February meeting if permissable. I have attached a calendar schedule of our meetings scheduled for this year. We desperately need to address the Wakefield & Holden corner - Saad Market and the continued drug trafficking that is affecting the safety our children being transporting to and from school daily. In all our efforts to try to seek assistance from the city for a camera, to date our safety of our children & residents are still at high risk. Shootings incidents continue to happen at the Saad Market and beatings individuals in the streets. We cannot continue to dodge the bullet or live sheltered and hidden within our homes. Any efforts that you can provide us will be deeply appreciated. The residents of Wakefield Avenue. Wakefield Block Calendar Schedule 2002.x1s REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION AND THE COMMISSIONER OF POLICE NO. 63 B. GRANT - MILLICENT TOWNHOUSE APARTMENTS Please file the enclosed correspondence with the Buffalo Common Council for the next full council meeting to be held Tuesday, February 5, 2002. Thank you for your attention to this matter. If you have any questions, please feel free to contact my office. Sincerely, As requested, I looked into the situation at the Millicent Townhouse Apartments, relative to their solid waste user fee. City Ordinances set a limit of three totes per taxable property. According to the City's tax maps, the Millicent Townhouses are separated into four taxable properties. Thus, twelve totes were delivered to them, and they are being billed for the same. Twelve totes are obviously not enough for the number of apartments at that location as evidenced by the amount of waste that is placed outside of the totes. I have, therefore, directed my staff to contact the owner of this property and to give him an opportunity to sign a contract, which will be billed at a commercial rate. If the owner chooses not to agree with our commercial rate, they could choose to contract with a private hauler. The owner will be given until March 1, 2002 to decide. Please let me know if you need any additional information. REFERRED TO THE COMMITTEE ON FINANCE NO. 64 B. GRANT - MILLICENT TOWN HOUSES USER FEE BILLS Please file this late file item to be discussed with the letter I filed regarding the Millicent Town Houses payment of the garbage user fees. Please file for the February 5, 2002 Common Council Meeting. REFERRED TO THE COMMITTEE ON FINANCE NO. 65 T. HAYWOOD - ADELPHIA -2002 RATE INCREASES Dear Mr. Michaux: This year Adelphia observes its 50th anniversary of providing quality cable entertainment. In that half- century, we have continuously been in the forefront of the cable industry in developing new technologies that bring our customers both exceptional value and prompt, courteous customer service. The telecommunications business has changed, with the advent of new products and services, as well as the emergence of competitive providers. The fact that Adelphia has not only retained its base of subscribers, but has continued to add new ones in the face of aggressive competition suggests that we have met or exceeded our customers' expectations. Our twin foundations -value and service -have served us well over the years. By creating a modem infrastructure, Adelphia has been able to expand our product offerings well beyond the scope of basic cable television, from the expanded programming of Adelphia Digital Cable to the high -speed Internet access available through Adelphia Power Link. It also positions Adelphia to provide even more advanced products, from video -on- demand to residential telephone service over cable lines, as the marketplace conditions evolve. Additionally, the presence of a modem technology infrastructure is important to any community seeking to retain current employers or attracted new industries. One of the immediate benefits of the upgraded cable system is the availability of additional programming services. In November, 2001, the addition of the following programming service to Adelphia's cable service in the City of Buffalo took place: Hallmark Channel - a 24 -hour cable television program service that provides high quality entertainment that is family - friendly and has a lineup that incorporates original movies, series and miniseries created exclusively for Hallmark Channel. Providing the expanded programming and sophisticated services that our customers value, at the same time we respond to competitive challenges, requires a substantial investment in technology. Additionally, Adelphia incurs higher costs from the providers of many of the programming services our subscribers enjoy (ESPN, Nickelodeon, etc.). Like other businesses, Adelphia also constantly faces increases in expenses such as wages, specialized training for our customer service representatives, utilities, fuel, insurance and equipment needed to support a company that provides service 24 hours a day. As a result of these continually rising costs, we reluctantly find it necessary to adjust our service rates. Effective with customers' March billing statements, the following price adjustments will go into effect: Current Basic New Basic $35.50 $38.00 Current Digital Addset New Digital Addset $6.00 $6.50 These increases, while modest in scope, will allow us to remain competitive in the year ahead. Our customer service representatives are available 24 hours a day, seven days a week, to discuss these changes and answer any questions our customers may have. Adelphia is proud to be a good corporate citizen of the City of Buffalo. By providing a modem telecommunications network, supporting local charitable and civic organizations, delivering free cable service and Internet access to local schools, and providing local jobs, Adelphia continues its active involvement in the development of our community. Please feel free to contact me if you would like to discuss these changes, or any other aspect of Adelphia's service to the Buffalo community. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS NO. 66 V. KACZMAREK- COMMUNITY GRIEF CENTER REPORT OF INDIVIDUALS SERVED Please review the updated figures of individuals served in your district for 2001. RECEIVED AND FILED NO. 67 M. MARTINO -PEER REVIEW- HICKORY WOODS Dear Resident, Please accept this letter as an update on my continuing efforts to address the needs of your neighborhood. As I hope you know, I remain very much aware of your situation, and I am committed to addressing your needs with every resource available to me as Mayor of the City of Buffalo. As you probably know, the New York State Department of Health ( NYSDOH) released the Health Consultation for the Abby Street Hickory Woods Subdivision in April 2001. The NYSDOH document made recommendations for specific actions, and also attempted to determine if there were any reasonable health concerns associated with soil conditions. As you probably recall prior to release of the NYSDOH report, the soil was sampled by the City of Buffalo, and then the U.S. Environmental Protection Agency, from areas around your neighborhood. In addition, the former steel manufacturers, under the supervision of NYSDEC, have extensively investigated the former plant site property, which is on the west side of Abby Street. After the report was issued, we followed the specific recommendations of the NYSDOH by having the open lots at 9 and 92 Beacon Street covered with a synthetic fabric and stones, and then fenced. In addition, we performed additional testing on the soils at Boone Park After the NYSDOH report was issued, it was reviewed by the University of Buffalo's Environment and Society's institute (the "UB Institute "). The City greatly appreciates the work of the UB Institute. As a follow up to the work performed by the NYSDOH and the UB Institute, we have sought our own review of the scientific information and conclusions in the NYSDOH health consultation through what is known as a "peer review ". The City commissioned this peer review because of the importance we give to the health concerns addressed in the NYSDOH report. We hired Eastern Research Group, Inc. (ERG) to organize the independent peer review, and ERG has hired three scientists with expertise in the three scientific areas of concern (toxicology, risk assessment, and exposure assessment) to conduct this review. The three scientists will conduct a one -day scientific meeting on Wednesday, February 6, to discuss the scientific merits of the NYSDOH health consultation. Further details about this peer review can be found on the enclosed informational sheet. This meeting will be held in downtown Buffalo at the Hyatt Hotel from 8:00 a.m. until 4:00 p.m. The meeting is open to the public as observers, and you are welcome to attend. An agenda for the meeting is enclosed, as well as biographies for the peer reviewers. Members of NYSDOH and the University of Buffalo's Institute will be present to observe the discussion and respond to questions of clarifications from the reviewers. A summary report of the discussions will be prepared following the meeting and provided to anyone who is interested. There will be an opportunity to incorporate public comments on the health consultation document into the meeting proceedings and record. The enclosed information describes how this process will work, and provides more information on the meeting. After we identified concerns -about your neighborhood, the first step was gathering information about soil conditions. The soils investigation was commenced by the City of Buffalo prior to the US EPA's more extensive investigation of the area. The second step is interpreting the significance of the information from a health perspective. Completing the second step is the primary objective of New York State Department of Health. The peer review process is aimed at assuring complete and reliable conclusions in the second step, so that we have a sound course of actions for us to follow as a community working together. Ultimately my commitment is to have reliable answers to your concerns. There with your assistance and all available resources, we are committed to implementing a revitalization plan that will address the need to remediate portions of your neighborhood, and offset diminished property values so residents can buy and sell houses without financial hardship. My objective is to create a healthier environment from all perspectives for the future. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 68 M. MARTINO -INFO — MODERN DISPOSAL SERVICES INC. Attached, please find correspondence with regard to Modem Disposal Services Inc. located at 266 Hopkins Street in the South District. I would like this filed for the Common Council Meeting of February 5, 2002. If You are in need of any further information., please advise. Thank you for your cooperation. Sincerely, AVAILABLE FOR REVIEW IN THE CITY CLERKS OFFICCE REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE CITY PLANNING BOARD, COMMISSIONER OF PUBLIC WORKS, THE ZONING BOARD NO. 69 R. MILLER - BELMONT MANAGEMENT CO -INC.- COMPLAINTS ELLICOTT TOWN CENTER Dear Ms. Rushton: I have reviewed your letter dated December 31, 2001, outlining tenant concerns to Teri Coit, site manager at Ellicott Town Center. The residents expressed a number of concerns including needed maintenance and cleaning. Please be advised that we have assumed management of this complex on January 1, 2002. We have conducted several thorough site reviews and concur with the tenant association's complaints. We are currently in the process of changing procedures, hiring staff and carefully monitoring the property in order to develop a plan so that these concerns are addressed as quickly as possible. We expect to have this plan prepared no later than the end of February 2002, however, we are working immediately to address the cleaning and repairs problems (in fact, some items are already completed). If you have any further questions or concerns, please feel free to contact my office. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 70 P. MURPHY- AUGSPURGER PARKING RAMP EXPANSION The intent, of this letter is to formally express the Buffalo Convention Center Management Corporation's support for expansion of the Augspurger Parking Ramp. As expressed at the public hearing held on January) 5, 2002 in City Hall, this expansion is critical to the future viability and success of the Convention Center. Parking has been a major obstacle for groups looking to utilize the Buffalo Convention Center for tradeshows, consumer 5hows, meetings, conventions. and banquets.. Limited access to parking in the downtown core around the Convention Center. during business hours (Monday- Friday, SAMSPM) make it. extremely difficult for us to attract new business to the facility. Furthermore, existing events held typically during these time period s have declining attendance at their events or are under pressure from attendees to look outside of the City of Buffalo for other venues. Local and many regional competitor facilities offer attached parking, free parking or inexpensive parking adjacent to the facility seven 'days a week. We can directly trace nineteen events in the last three years that the Buffalo Convention Center has lost or the customer will no longer consider our facility due to the parking situation in I downtown Buffalo. This loss of business at the Buffalo Convention Center is estimated at over $325,000 in direct revenues. The Buffalo Convention Center is undergoing a $3 million dollar renovation in 2002. All of our function rooms, public space, lobby and exhibit hall are being updated so that. the Convention Center can bring new business into the 'community. This transformation and rebirth of the Buffalo Convention Center will not be a total success without additional parking nearby the facility. The Buffalo Convention Center needs the additional parking and expansion of the Augspurger Parking Ramp now. On behalf of the Buffalo Convention Center Management Corporation, we urge the members of the City of Buffalo Common .Council to approve the expansion plan for the Augspurger Ramp.. with no further delays. REFERRED TO THE COMMITTEE ON FINANCE NO. 71 B. ROWBECK- ITEM # 13, CCP JANUARY 8, 2002 MICHIGAN AVENUE BRIDGE OVER CSX RAILROAD & EXCHANGE STREET PIN 5754.55 - CITY OF BUFFALO, ERIE COUNTY Dear Councilmembers: This is in response to the referenced Common Council Proceeding and subsequent transmittal letter requesting an update on the Michigan Avenue Bridge Project. This project is being funded through the federal Highway Bridge Replacement and Rehabilitation (HBRR) Program with matching funding from New York State and the City of Buffalo. It is being advanced by the City of Buffalo Department of Public Works, Parks, & Streets using the Procedures for Locally Administered Federal Aid Project . The role of the New York State Department of Transportation is primarily to provide oversight, assistance and to process reimbursements. Specific questions regarding the status of this project should be directed to Commissioner Joseph N. Giambra of the Department of Public Works, Parks, & Streets. RECEIVED AND FILED NO. 72 R. RUA- BUFFALO BOARD OF EDUCATION - RESPONSE REGARDING TECH NAE VENTURES PROPOSAL FOR FOURTH STREET SITE The attached memorandum from the Buffalo Public Schools Director of Building Safety and Health is our response to the above matter: Fourth Street Site - Tech Nae Ventures Possible Remediation Method This will refer to my conversation with Mary Doster relative to status of the above subject. Tech Nae made comments to a variety of people that they had a good method of remediation at the Fourth Street site. They met with DEC officials briefly and DEC requested a plan with needed detail be submitted. Another meeting was scheduled by DEC with Tech Nae, but they never showed up and haven't called back to reschedule. Marty Doster recommended they also provide their information to the city's experts, but has nothing back on that front either. Accordingly, the plausibility Of their method and status Per DEC is non - existent. Please contact me 851 -3560 should You have any further questions. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 73 J. SANTORO, AGENT REQUEST ILLUMINATED SIGN 1460 EAST DELAVAN REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING,CITY PLANNING BOARD AND THE CORPORATION COUNSEL NO. 74 SPCA -STATE HOMELESS /ABUSED & STRAY ANIMALS In response to your inquiry concerning the Erie County SPCA's statistics on homeless, abused and stray animals I am providing you with statistics covering the period of 01 /0112001 to 12/31/2001. As these straight statistics don't really reveal a great deal concerning the animals that come here I am proving the following information on both intake and outcome designations as well as reasons and percentages for euthanasia. Intake: Abandoned: these are animals either abandoned at our door Boarder these animals are owned animals cared for by the SPCA wen families have emergency situations, for instance, a women entering Haven House, a house fire, an hospitalized medical emergency. Confiscation These are animals confiscated by humane agents Disposal request: These are deceased animals brought in for cremation Euthanasia request: These animals are brought to the SPICA by their owners specifically to be euthanized. Most are elderly and ill. Owner surrender: Animals surrendered by their owners to the SPCA Return Animals adopted from the SPCA and returned Stray animals brought by the public and by animal control with which we have contracts Transfer These animals are transferred to the SPCA from another agency or from animal control that does not contract with the SPCA for holding, but does bring animals after legal holding time. Outcomes: Adoption Adopted Died: These animals either died at the shelter or most often, died on route to the shelter in one of our ambulances Disposal Animals who arrived dead for cremation Euthanized total off all animals euthanized Missing Either stolen or bad computer input Not Received: These are animals that were booked into the SPCA and then the owner changed their mind and took them back Relocate animals transferred to our Angola location =. Returned to owner Transfer Animals transferred to other agencies, like breed rescue groups. The large number of dogs transferred in 2001 is mostly made up of stray dogs brought to the SPCA by Buffalo residents and then transferred to the Buffalo City Shelter during our construction. The following breakdown explains the reasons for euthanasia of cats and dogs at the SPCA: Cats Kittens • behavior 22% 10.5% • health 28% 59% • request 15% 1 % • feral 27% 18% • space 75 cats, 1.5% 1 kitten • too old 4.5% • too young 17% Dogs Puppies behavior 40% 21% health 15% 71% request 39% 4.5% too old 5% too young 2.5% space 0% 0% I would also like to let you know that many, many people bring stray dogs and cats to the Erie County SPCA from Buffalo. Often this is because they are unable to receive assistance from the shelter due to its being understaffed. I am including two reports from 2000 and 2001 showing the numbers from Buffalo. As you can see there was a decrease in 2001 for the number of dogs coming from Buffalo but largely this was due to our kennel renovation and when people would call ahead we would tell them we were unable to accept the dogs. Your last request for information concerned income from adoption fees. While I can give a figure of income for these fees, remember that our fees for adoption are $50 /cat and $65 /dog. Each animals is sterilized, vaccinated for rabies and other standard vaccinations, tested for contagious illness such as feline leukemia, housed, fed and trained. Each dog and cat receives a tag and collar, cats are given cardboard carriers to get them home safely. There really is no "profit" in adoptions and it is largely subsidized through our donors. At any rate, the total income from adoptions in our 2000/2001 fiscal year was $297,902. Please let me know if you need further information or if the Council needs me to answer questions directly at one of their meetings. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 75 A. THOMPSON -BLACK ENTERPRISE ARTICLE Enclosed please find an article from the July 2001 Black Enterprise issue. I am writing to respectfully request that you file this article with the Council so that it can be discussed at the next Council meeting. If you have any questions, please do not hesitate to contact my office at (716) 851 -5145. COPY AVAILABLE FOR REVIEW IN CITY CLERK'S OFFICE REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE NO. 76 R. WINKELMAN- GARBAGE COLLECTION SYSTEM Dear Mayor Masiello, Mr. Pitts, Mr. Sullivan and all Common Council Members, I am writing this letter in the hope that things will finally improve with our garbage collection system. I have called the mayor's hot line many times, Joe Golembek's office and spoken to Mr. Sullivan and the sanitation office and I have not had this problem resolved to my satisfaction. I am only asking to have the lid closed on my trash container to prevent rain water from filling it up and not to have it or my recycling box left in the apron of my driveway. This makes me park my car across the street when arriving home from work and move the container before I can pull into my driveway. I'm sorry, but I consider this a major inconvenience. I am expected to put this container facing a certain way to make things easier for the workers BUT I expect the same consideration when they have finished their job, I certainly take exception with comments made by William McGuire who states that "No one can deliver services the way we do." Well, I certainly disagree with this concept. I have tried speaking to the sanitation office and that person several times has stated that "I'm sorry but my men don't do that" when my recycle box was tossed all the way into the bushes in front of the house as well as leaving it in the apron. As I drive down the side streets on my way home from work, there never seems to be any consistency in the manner in which containers are left in front of the houses. Some have the lids left open and some are closed (you would think that when it is pouring rain they would make an extra effort to close them ) and some are left in an appropriate location and others are left smack in the middle of the driveway. I am also a major believer in recycling and frequently find cat food cans or water bottles sitting on the lawn that they did not bother to pick up. As long as I am complaining, I might as well add that I have also complained to the parking enforcement office and my previous council rep that parking near the comer is horrible in the late afternoon, dinner time and on Saturday mornings when the children are being picked up from day care at the YMCA or for weekend activities. The city could make a lot of money by passing out parking tickets for illegal parking. They park on both sides of the street, right in front of the fire hydrant and past the no parking here to comer sign making it extremely difficult to turn onto our street and also dangerous. In the summer, I have arrived home to make a right hand turn on to the street and while a parent was putting one child in the car the other child was standing in the middle of the street with a towel over their head drying themselves off after swimming. Parents consistently put their kids into the car on the drivers side and block traffic. I know you can not regulate the stupidity of people and the Y has reminded parents to follow parking regulations on the street, but unless some of them get some tickets, this will continue to occur. I am quite surprised that no child has been hit. Some suv's park partially on the street and partially on the sidewalk. One suv driver kicked my car after I blew my horn at him because I turned onto the street at 10 pm, it was pitch dark and he and his family crossed the street back from the comer and you could not see them. He was illegally parked on the wrong side and on the side walk and there were cars all the way to the comer on the correct side. They were all wearing dark clothes. I wrote to several people about this and called the Y also. The Y can only do so much. This is even worse in the winter when the street has not been plowed well. I pretty much gave up on this issue a few years ago even though I still get angry about this several times a week. This happens to be a very nice neighborhood where we live. I would just like to have rules and regulations followed as much as possible. I do work in a hospital and perhaps this makes me obsessive - compulsive but I can kill someone if I make a mistake in my job. This probably makes me harder to deal with when others are not following the rules and regs set up for job performance. Since the garbage fees are increasing I just want the top closed and not left blocking my driveway entrance and I just want easy access to turning onto my street. Is this really too much to ask for ? ?? Thank you for your consideration in these matters. REFERRED TO THE COMMITTEE ON STREETS SERVICES AND THE COMMISSIONER OF PUBLIC WORKS PETITIONS NO. 77 G. TONER, AGENT, USE 346 HOPKINS TO ALTER USE FOR USED CAR SALES. (HRG. 1/29) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 78 DR. M APPLEWHITE & OTHERS VAR PROBLEMS CONFRONTING - NYSDOH & PHYSCIAN DISCIPLINE Please find attached; A document outlining some of the problems confronting a select group of physicians in the community. I would like an Opportunity to discuss this problem with you. REFERRED TO THE SPECIAL COMMITTEE ON UNIVERSAL HEALTH CARE REGULAR COMMITTEES CLAIMS COMMITTEE (Mary M. Martino, Chairperson) No. 79 Claims Committee Report Compromise And Settlement Of Actions For Personal Injury That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled: A 1 . Sharon A. Caetono and Patrick T., P /N /G of Nicholas A. Caetano an Infant $ 70.00 A 2. Timothy Conner 8,500.00 A 3. Nancy M. Cullinan 9 2,000.00 A 4. Jeffrey Gluckstein 5,000.00 A 5. David and Sharon Lakes $ 90, 000.00 A 6. Theresa Swacha 2,000.00 A 7. Ato Williams 3,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, here in above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES -12- NOES -0 NO. 80 Property Damage That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B 1. Doreen Bellis Claim for property damaged at 428 Fourteenth Street on 9 -15 -97 by the Fire Department performing firefighting training on the property. B 2. Juban,lnc. Claim for the wrongful demolition of property at 89 Hampshire Street on 1- 12 -96. $ 18,500.00 B 3. Dale Bove, 1120 Seneca Street, 142 10 B 4. Brian Bruyere, 391 Hewitt Avenue, 14215 B 5. William McKnight, 1736 Hertel Avenue, 14216 Claims for damage and /or loss of personal property by three employees of the Department of Public Works Division of Engineering. On 7 -16 -01 they were at the Erie Basin Marina on a new seaweed harvester when it capsized throwing them and their property in the water. Pursuant to Section 16 -8 of the City Ordinances, they, as City employees are entitled to be reimbursed for their loss, The Corporation Council recommends payment in the amount of Dale Bove (Prescription sunglasses) $ 200.00 Brian Bruyere (Cell phone, sneakers, hat) $ 312.39 William McKnight (Jacket, pants) $ 62.48 B 6. Kathleen M. Corgliano, 68 Groveland Street, 14214 Claim for a tire which was destroyed on 9 -9 -01 at 68 Groveland Street by a defective curb. The City had previously been notified of the hazardous curbing on Groveland Street through the City Clerk's Office. $ 128.20 B 7. Keith Davies, 98 Roseville Street, 14210 Claim for damage to a jacket of an employee of the City on 12 -17 -01 at 73 8 Niagara Street. He was inspecting the property at 738 Niagara Street for code compliance and during the inspection his jacket rubbed against wet paint. Pursuant to Section 16 -8 of the City Ordinances, City employees are entitled to be reimbursed for damaged personal property. $ 90.00 B 8. New York Central Mutual Insurance Company A /S /O Michael J. & Heidi J. Farella 1899 Central Plaza East, Edmeston New York 13335 -1899 Claim for damage to a 2000 Jeep Wrangler on 10- 17 -01 at the South Park lift bridge when the gate of the bridge came down on top of the vehicle causing the damages. $1,070.86 B 9. Cheryl Hogg, 1428 Amherst Street, 14216 Claim for damage to the porch, roof and gutters at 1428 Amherst Street on 5 -23 -0 1. A large limb from a City owned tree fell on the property. The tree had been previously reported as being hazardous and has since been removed. $ 3,775.00 B 10.Ida M. Levy, 73 Godfrey Street, 14215 Claim for damage to a 1993 Ford Tempo on 9 -10 -01 at 122 Phyllis Street. A large limb fell from a City owned tree onto the back windshield and back of the vehicle. The tree had previously been reported to the City as being hazardous and had been placed on the removal list for this spring. $ 500.00 B 11.Harold and Gladys Meacham, 276 Stockbridge Avenue, 14215 Claim for damage to the fi7ont porch and pest control applications relating to carpenter ants which are nested in the City owned tree at 172 Stockbridge Avenue in June 2001. The City had previously been advised of a hazardous situation and the tree has been placed on the removal list. $ 888.60 B 12.Abraham Mungro, 177 Kensington Avenue, 14214 Claim for damage to the security door and frame at 177 Kensington Avenue on 4- 28 -01. There was a two alarm fire next door at 175 Kensington Avenue. The Fire Department decided to check this adjacent property for possible exposure and in doing so they had to break down the door to gain access. $ 550.00 B 13.Peter J. Pietrzyk, 104 Clark, 14212 Claim for damage to a 1989 Dodge Dynasty on 6 -15 -01 on Nevada Street. A large limb from a City owned tree fell on the vehicle causing damage. The area had previously been reported to the City as being hazardous. $ 465.48 B 14.The Roman Catholic Diocese of Buffalo, Department of Insurance Services, 795 Main Street 14203 A /S /0 Saint Mary of Sorrows R.C. Church Claim for damage to the fence, gate and flower box as a result of large branches from a City owned tree Wing on property at 333 Guilford on 12- 12 -00. The City had previously been notified of a hazardous condition existing there but had failed to act upon it. $ 615.98 B 15.Harvey Serota, 1116 Parkside Avenue, 14214 Claim for damage sustained to property at 1116 Parkside Avenue on 12 -13 -00 as a result of a large limb from a City owned tree falling. Claimant filed a claim with his insurance company and is now seeking recovery from the City of his insurance deductible and depreciation adjustment. The tree had previously been reported to the City as being hazardous. $ 300.97 B 16.Margaret J. Smith, 842 South Park Avenue, 14210 Claim for damage to claimant's cherry tree on her property at 842 South Park Avenue. City crews were cleaning an adjacent lot and accidentally damaged the tree which then died the summer of 2001 $ 250.00 B 17.Mary Stachowski, 32 Hayden Street, 14210 Claim for replacement and repair of a section of the front porch as a result of damaged caused by carpenter ants which came from a City owned tree directly in front of her home at 32 Hayden Street on 8- 20 -01. The tree had been previously reported to the City as being hazardous but has not been removed as of this date. $ 735.00 B 18.Tonya Stark, 175 North Street #210, 14201 Claim for damage to a tire and subsequent towing of the vehicle as a result of metal protruding from the curb at 303 Holly Street on 8- 16 -01. The City had previously been notified of hazardous curbing on Holly Street. $ 165.03 B 19. Edward and Dolores Turkasz, 21 Minnetonka Road, 14220 Claim for the treatment for removal of carpenter ants at 21 Minnetonka Road on 8 -3 -0 1. The City owned tree in front of the property seems to contain the main nest. The City had previously been notified of a hazardous situation at that location. $ 154.44 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, here in above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES -12- NOES -0 NO. 81 Miscellaneous Refund That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claim be paid: C 1. Angela Neal Jones, 176 Rounds Avenue, 14215 Claim for a refund of money paid to the City Parking Violation Bureau in March 1998 for the payment of parking tickets that were not hers. Claimant had filed bankruptcy. While in the process of purchasing a house she was notified that she owed money for parking tickets in the amount of ($840) and there was a judgment against her. She paid the money and later found out that she was not the Angela Jones who had the judgment against her. $ 840.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED AYES -12- NOES -0 NO. 82 Miscellaneous Invoice That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: D. 1.Daniel F. Bailey, Court Reporter, 150 Anderson Place 14222 Claim for payment of prior fiscal year Invoices #05148 (4 -17 -0 1), #05149 (4 -10 -0 1) and #0899 (6 -5 -01) for services rendered to the Department of Law for transcripts of 50 -h Hearings regarding the Hickory Woods claims. $ 1,778.00 D. 2. Buffalo Federation of Neighborhood Centers, Inc., 97 Lemon Street 14204 This is a claim for payment of prior fiscal year invoices for utility costs at the Johnnie B. Wiley Sports Pavilion from 5- 1 -00 to 9 -30 -00 and from 10- 1 -00 to 6 -22 -0 1. $ 18,537.51 D. 3. Joseph Davis, Inc., 120 West Tupper Street 14201 Claim for payment of five (5) prior fiscal year Invoices #D21667, gD21688, #D22096, #D22365 and #D22615 for services rendered to PM/ Parks and Streets /Buildings regarding the operation of Rotary Rink which is part of the operating agreement with the City. $ 2,862.29 D. 4. Emerson School of Hospitality, 86 West Chippewa, 14202 Claim for payment of prior fiscal year Invoice #110 for services rendered to the City Clerk's Office on 4- 30 -01. It is for a continental breakfast at Emerson Commons for a meeting with the City and County regarding the sales tax issue. $ 136.85 D. 5. Brian S. Joseph, M.D., 5820 Main Street, Williamsville New York 14221 Claim for payment of a prior fiscal year invoice for psychiatrist services rendered to the Department of Law on 4 -26 -01 regarding Case No. 99 -CV -0393. The original invoice was for ($500) and negotiations to reduce the fee took through the next fiscal year. $ 300.00 D. 6.New York State Industries for the Disabled, Inc., 155 Washington Avenue, Suite 400, Albany New York 12210 Claim for payment of prior fiscal year Invoice #135734 of 10 -19 -01 for services rendered to PM/, Parks and Streets /Buildings from 7- 1 -00to 6- 30 -01. The vendor realized after the end of the fiscal year that they under billed the City pursuant to a signed contract. $12,652.44 D. 7. Susan Watts, 75 North Pearl Street„ 14202 Claim for payment of a prior fiscal year invoice for court reporting services rendered to the Fire Department on 7 -14 -00 for a transcript for a disciplinary charges hearing regarding a Firefighter. $ 195.00 D. 8. York International, 75 Berman Park, Suite 6, Rochester New York 14624 Claim for payment of prior fiscal year invoices per Maintenance Contracts #304 -34939 and #304 -34982 from 2 -1 -01 to 6 -30 -01 for services rendered to PM/ Parks and Streets /Buildings. The vendor forgot to send in renewal contracts, performed all of the required maintenance and invoiced the department after 7 -1 -01. $ 9,411.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. Passed AYES -12- NOES -0 NO. 83 MISCELLANEOUS ADDITIONAL COSTS That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claim be paid: E 1. C. Nichter, Inc. Vs. City C. Nichter, Inc. construction company performed general construction work on the Main - Tupper Police Precinct. Nichter filed a claim for additional costs for providing temporary heat from November 1999 through April 2000, including erecting a temporary enclosure to permit completion of the exterior masonry. The claim is based on the fact that construction of the building was delayed until May of 1999 because of snow stockpiled on the site by others, demolition of an adjacent structure and design changes made by the Preservation Board.. The contractor originally submitted an extra work claim for this item in the amount of $53,397. This amount was reviewed and approved by the consulting architect, Foit - Albert Associates . The Commissioner of Public Works subsequently reviewed the claim and questioned the size of the claim. After the parties were unable to reach an agreement, a lawsuit was filed by the contractor against the City of Buffalo in June of 2001 seeking $53,397 plus nine percent interest as provided by law if the contractor prevails in the lawsuit. After extensive negotiations involving the contractor and Public Works Department, the contractor has agreed to accept the sum of $35,000 in full settlement of the claim. The Department of Public Works and Law Department recommend that the Common Council approve this settlement. Funds are available for payment from Capital Project Fund #35320406. $ 35,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. Passed AYES- 11 -NOES-1 AYES - BONIFACIO, COPPOLA, DAVIS, FISHER, FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO, MARTINO, PITTS AND THOMPSON - 11 NOES - FONTANA - 1 NO. 84 Miscellaneous Prescription Co -Pay Reimbursement That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid - F 1.Lucille Christopher, 97 Emerson Drive, 14226 $86.40 F 2.Charles A. & Thomasina Gallo, 930 -D Hopkins Road 14221 $ 504.00 F 3.Harry C. & Lori Hoffert, 3550 Abbott Road 14127 $67.20 F 4.Salvatore Morreale, 83 Turner Avenue 14220 $91.20 F 5.Marcia A. Nasca, 85 Old Lyme Drive #4 14221 $411.20 F 6.Elaine Orr, 2742 Colvin Boulevard 14150 $449.60 F 7.Joseph P. Pandolfino, 203 Colvin Avenue 14216 $170.40 F 8.Thomas Parlato, 28 Glenside Avenue 14223 $501.60 F 9.Patricia Repman, 118 Stevenson Street 14220 $155.20 F 10. Robert J. Zielinski, 30 Lyman Street 14206 $ 626.40 The above claims have been filed by retirees of Local #650 who retired with Traditional Blue Cross /Blue Shield coverage. Pursuant to the settlement of PERB Case No. A98 -494, these people are entitled to 80% reimbursement of their co -pay for prescriptions for the period of time from November 4, 1998 thru December 3 1, 200 1. This was a grievance as a result of Blue Cross /Blue Shield discontinuing the 80% co -pay reimbursement under their major medical contract. That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. Passed AYES -12- NOES -0 NO. 85 Report to the Claims Committee G. 1.Teresa Barczykowski, 50 St. Mary's Road 14211 $2,665.00 G. 2. Theodore Stronka, 55 Alice Avenue 14215 $700.00 Item No. 91, C.C.P., 5 -29 -01 Claims allege that tree roots have infiltrated their sewer lines and have caused them expenses to alleviate the problem. Mrs. Martino moved that the above item be recommitted to the Committee on Claims. ADOPTED NO. 86 REPORT TO THE CLAIMS COMMITTEE That, upon the recommendation of the Common Council Claims Committee, the following claims be paid. G. 3. Montrice D. Goins, 94 Lemon Street 14204 On 4- 10 -01 the vehicle was impounded by the City for being driven with no insurance. A Buffalo Detective drove the vehicle to the Seneca Garage where it was picked up later that night by the City tow truck and taken to the Dart Street Garage. Ms. Goins claims that the City damaged the vehicle a 2000 Escalade Cadillac. $1,267.38 G. 4. Desiree IEII, 33 Parkdale Place, 14213 Item No. 105, C.C.P., 10 -30 -01 (Recommitted) Claim for damage to a 1994 Jeep in May 2001 while it was at the Dart Street Impound Garage. Persons unknown took the car stereo, lansar speakers, kicker box, equalizer and two fire ice power amps. This has been confirmed by Garage personnel. $ 1,000.00 G. 5. Sonya Hunt, I I Rawlins, 14211 Item No. 106, C.C.P., 10 -30 -01 (Recommitted) Claim for damage to a 1993 Jeep Cherokee at the Dart Street Impound Garage on 4 -6 -0 1. Two windows were broken and cassette tapes were stolen. This has been confirmed by Garage personnel. $ 700.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. Passed AYES - 12 - NOES - 0 NO. 87 Report to the Claims Committee G. 6. Deirdre M. McMiller, 174 Stockbridge Avenue, 14215 This claim was tabled at the Claims Committee Meeting of June 5, 2001, Tabled at the Claims Committee meeting of July 17, 2001 and Tabled at the Claims Committee Meeting of 10 -23 -01 It is a claim for damage to the driveway and sewage pipe at 174 Stockbridge Street by a snow plow on 11- 21 -00. Through the Department of Public Works we have arranged to have these problems rectified and the claimant is said to be satisfied with the repair results. RECEIVED AND FILED NO. 88 Report to the Claims Committee G. 7. Joanne Workman, 100 Shirley Avenue, 14215 Item No. 94, C.C.P., May 1, 2001 Item No. 118, C. C. P., June 12, 2001 (Recommitted) Tabled at Claims Committee Meeting of July 17, 2001 Tabled at Claims Committee Meeting of October 23, 2001 The claim is for damage to the driveway apron at 100 Shirley Avenue by a snow plow on 11 - 22 -00. Through the Department of Public Works we have arranged to have the damaged rectified. Claimant is said to be satisfied by the repair results. Mrs. Martino moved that the above item be recommitted to the Committee on Claims. ADOPTED NO. 89 Report to the Claims Committee G 8.Willie Ann Skipper, 8 1 Godfrey Street, 14215 Item No. 90, C.C.P., June 12, 2001 Tabled at Claims Committee Meeting of July 17, 2001 Tabled at Claims Committee Meeting of October 23, 2001 The claim is for driveway and lawn damage at 81 Godfrey Street during snow plowing on 11 -2000. The claim was sent to David Gannon who is the administrator of the City's self insured liability fund. Mr. Gannon states that the City's clear liability cannot be established. Claimant was unable to provide a truck number, license plate number or driver's name of the City vehicle which allegedly caused the damage. There are no estimates in the file. RECEIVED ANF FILED Civil Service (Marc A. Coppola, Chairperson) NO. 90 Appt.- Deputy Director of Telecommunications (PW) (CCP #40 -Jan. 22, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 91 Appointment Building Inspector (Inter) (Permits) (Item No. 57- C.C.P. Dec. 22, 2002) That Communication 57, Jan. 22, 2002 be received and filed and the temporary appointment of Terence Prendergast stated above at the intermediate salary of $42,319 effective on January 8, 2002 is hereby approved. PASSED AYES -12- NOES -0 NO. 92 Appointment Clerk (Inter) (A &F) (Item No. 59- C.C.P. Dec. 22, 2002) That Communication 59, Jan. 22, 2002 be received and filed and the provisional appointment of Cindy Merkling stated above at the intermediate salary of $24,585 effective on January 21, 2002 is hereby approved. PASSED AYES -12- NOES -0 NO. 93 Notices of Appointments- Temp /Prov /Perm (CCIk) (CCP #68 -Jan. 22, 02) That the above item be and the same hereby is received and filed. ADOPTED FINANCE BETTY JEAN GRANT, CHAIRPERSON NO. 94 Abandonment and Sale Dead End Portion of St. Joseph's Alley 20'x 103' (Item No. 10, C.C.P., Dec. 26, 200 1) That the City of Buffalo does hereby abandon a portion of St. Joseph's Alley (20'x 103) and authorizes the City to sell such property pursuant to Article 27, Section 27 -5 of the Charter of the City of Buffalo; and That the Director of Real Estate negotiate with Keith Griffin, of 69 Drexel, for the purchase of a portion of St. Joseph's Alley (20'x 103') and report back to the Common Council with the results of negotiations for final approval of the sale of a portion of St. Joseph's Alley. PASSED AYES -12- NOES -0 NO. 95 C. VanNess -D. Granville- Opposition -Demo of Hurst Bldg. -Huron St. (CCP #66 -Dec. 26, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 96 Condemnation Proceeding -43 W. Huron & 3 52 Pearl (Pkg. Bd.) (CCP #8 -Jan. 8, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 97 Monthly Report of Division of Citizen Services 12/2001 (Cit. Svs.) (CCP# I -Jan. 22, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 98 Easement Agreement - Verizon - 814 Tonawanda Street (Item No. 10, C.C.P., Jan. 22, 2002) That the Director of Real Estate be, and he hereby is authorized to enter into a telecommunication easement with Verizon for use of city -owned property located at 814 Tonawanda Street; and That the Corporation Counsel be authorized to review this agreement for approval as to form and the Mayor be authorized to execute the same. Passed. AYES -12- NOES -0 NO. 99 Capital Debt Service Fund Deposits 2001/2002 Fiscal Year (Compt) (CCP #13 -Jan. 22, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 100 Strategic Planning - 2002 Capital Budget (Item No. 8, C.C.P., Jan. 22, 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. Legislation (Richard A. Fontana, Chairman) No. 101 D. Mika, Petition to Use 1421 Kensington - Ground Sign (Item No. 95, C.C.P., Jan. 22, 2002) That after the public hearing before the Committee on Legislation on January 29, 2002, the petition of D. Mika, agent, for permission to use 1421 Kensington for ground and illuminated wall signs be, and hereby is approved. Passed. AYES - 12 - NOES — 0 NO. 102 T. RIVERS, PETITION TO USE 900 KENSINGTON AVENUE - ALTER USE TO USED CAR SALES (ITEM NO. 7 1, C. C.P., DEC. 26,200 1) (ITEM NO. 104, C. C.P., JAN. 22, 2002) That after the public hearing before the Committee on Legislation on January 3, 2002, the petition of T. Rivers, owner, for permission to use 900 Kensington Avenue for a used car lot be and hereby is approved with the following conditions: 1 . That the lot be limited to six (6) cars for sale at a time. 2. That a landscaping plan be submitted to the City Planning Board. PASSED AYES -12 NOES -0 NO. 103 D. CAMPIERI -USE 260 ALLEN ST.- CONVERSION TO NIGHTCLUB (PLAN. BD.) (CCP #9 -JAN. 8, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 104 J ZUGFLE, AGENT, USE 260 ALLEN - NIGHTCLUB (HRG. 1/3) (CCP #70 -DEC. 26, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 105 ORD. AMENDMENT - CHAPTER 175 -FEES (GOLF COURSES, ETC.) (PW) (CCP #3 3 JAN. 22, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 106 ORDINANCE AMENDMENT - CHAPTER 137 - CODE ENFORCEMENT (ITEM NO. 177, C.C.P., JAN. 22, 2002) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That the Ordinance Amendment as contained in Item No. 177, C.C.P., January 22, 2002, be and the same hereby is approved. PASSED AYES -12 NOES -0 NO. 107 INCREASED FINES - VIOLATION OF SNOW AND ICE REMOVAL ORDINANCE (ITEM NO. 82, C.C.P., JAN. 8, 2002) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That the Common Council in cooperation with the Department of Administration and Finance and the Corporation Counsel immediately examine the feasibility in increasing the fines to violators of the City of Buffalo's snow and ice removal ordinance. That the item is hereby received and filed. ADOPTED NO. 108 SIGN ENCROACHMENT - 281 EAST DELAVAN (ITEM NO. 21, C.C.P., DEC. 11, 2001) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Haila G. RaJeh, owner of the Holly Farms Grocery Store, located at 281 East Delavan, to install a sign, which would encroach 6 feet in width, 6 feet in height on 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 sign be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the applicant supply the Department of Public Works, Parks and Streets with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the installation, use and removal of said sign. 4. That the applicant shall maintain the right -of -way and surrounding area in a safe, clean and sanitary manner. PASSED AYES-12 NOES-0 NO. 109 SUBMISSION OF ANNUAL REPORT (CIT RTS) (CCP #50 -DEC. 26, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 110 B. GRANT -B. MILLER - WILLIAMS -K. YOUNG - COMPLAINTS ANIMAL SHELTER (CCP #60 -DEC. 26, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 111 COB ANIMAL SHELTER - STATUS OF SHELTER (PW) (CCP #27 -JAN. 22, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 112 C FISHER - KENNEL CLUB GROOMING REQ ADDL EMP ETC ANIMAL SHELTER (CCP #76 -JAN. 22, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 113 A. THOMPSON -O. PATTON & R GARTH -CONC. -RES. PROP. DAMAGE -38 WOODLAWN (CCP #65 -DEC. 26, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 114 L MECKLER NFTA -A. THOMPSON -O PATTON & R. GARTH- CONCERNS RES PROP DAMAGE 38 WOODLAWN (CCP #87 -JAN. 22,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 115 CITY'S FLEET OF OWNED OR LEASED VEHICLES (MIS) (CCP #24 -JAN. 22, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 116 CITY'S FLEET OF OWNED OR LEASED VEHICLES (A &F) (CCP #58 -JAN. 22, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 117 PAWNBROKER - 1598 ELMWOOD AVENUE (ITEM NO. 53, C.C.P., JAN. 22, 2002) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Pawnbroker's License to Peter Gatti, d /b /a Gatti Jewelers located at 1598 Elmwood Avenue. PASSED AYES -12 NOES -0 COMMUNITY DEVELOPMENT (ANTOINE M. THOMPSON, CHAIRMAN) NO. 118 BURA /CONSOLIDATED PLAN PROCESS /APPLICATION (STRAT. PLAN.) (CCP #12 -NOV. 13, 01) Mr. Thompson moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 119 T. BAMES- ACQ. /REMED/ PROP-43 CAROLINA/4 SEVENTH ST. (BD. ED.) (CCP #63 -APR. 3, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 120 PERMISSION TO DESIGN, BID, ACCEPT FUNDS NYS MULTI MODAL 2000 PROGRAM (ITEM NO. 37, C.C.P., JAN. 22, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thompson moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to design, bid and construct the projects as listed in the above communication and to enter into all the necessary agreements for NYS Multi Modal 2000 program. Funds for this project are available in Capital Projects Account #30007806. PASSED AYES -12 NOES -0 NO. 121 A. THOMPSON- VARIOUS HEARING DATES SCHEDULED ON YEAR 28 CDBG (CCP #90 -JAN. 22, 02) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 122 BY: MR. BONIFACIO ORDINANCE AMENDMENT CHAPTER 129 - CERTIFICATE OF OCCUPANCY The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 129 of the Code of the City of Buffalo be amended to read as follows: § 129 -8. Procedures for revocation. Certificates of occupancy may be revoked in accordance with the following procedures: A. A written notice of intention to revoke shall be issued to the owner or agent of the structure for which the certificate was issued, specifying the reason(s) for such revocation. Such notice shall be served by certified mail, return receipt requested, addressed to the owner or agent at his last known place of residence as shown by the records of the Department of [Inspections and Community Revitalization] Permit and Inspection Services, Department of Assessment and Taxation or [City Treasurer] Division of the Treasury B. In the event that a receipt for the notice is not returned to the Department, a second notice shall be served on the owner or agent in the manner provided in the Civil Practice Law and Rules for service of a summons in a civil action. C. The notice(s) aforementioned shall also contain the time and place at which a hearing will be granted before the Commissioner or his designee, at which time the owner or agent shall be afforded the opportunity to present testimony and evidence regarding the particulars contained in the aforementioned notice. The time of said hearing shall be specified on a date no sooner than five days after service of the notice and no later than the 10th day after service thereof. D. If the owner or agent appears at said hearing before the Commissioner, the Commissioner shall thereafter make a further determination which shall: (1) Affirm his intention to revoke the certificate of occupancy. (2) Modify the specifications of this original intention to revoke the certificate of occupancy (3) Vacate the original notice. E. The Commissioner or his designee shall notify all parties who appeared at the hearing, and the agency or owner of the subject property of his final determination within three days after the hearing in the manner specified in Subsection A hereof. F. If the determination is to revoke the certificate, such revocation shall be effective upon service of the final notice of revocation. § 129 -9. [Expiration.] Additional Provisions A. General. [Effective July 1, 1993, a] A certificate of occupancy required for a multiple dwelling, pursuant to Chapter 129 of this Code and /or other applicable laws and ordinances, issued prior to, on, or after the effective date of this section, shall [expire three (3) years] be renewed every five U years after the date of its issuance, unless sooner revoked pursuant to § 129 -8. B. Certificate of occupancy issued prior to November 1, 1990. Within one hundred twenty (120) days after the effective date of this section, the owner of a multiple dwelling issued a certificate of occupancy prior to November 1, 1990, shall file an application for a certificate pursuant to § 129 -2. The Commissioner shall issue or deny a certificate of occupancy pursuant to § 129 -3 within a reasonable time after final inspection. The prior issued certificate of occupancy shall remain valid pending the Commissioner's determination. C. Conditional certificate of occupancy. In order to fulfill the requirements of this section, the Commissioner may issue a conditional certificate of occupancy pursuant to § 129 -3E. D. Fees. There shall be a fee as provided in § 129 -5 for any certificate of occupancy required under this section. E. Exemption. The provisions of this section shall not apply to [owner occupied] dwellings with two (2) units or less. F. If at any time before, during or after the application or inspection process, the owner refuses entry to any portion of a multiple dwelling, the Commissioner is authorized to apply for an administrative search war -rant to fulfill the requirements of this Chapter. In the event of such a refusal, the owner shall not be penalized in any way and shall not be compelled or coerced in any manner to submit to a warrant -less inspection. An issued Certificate of Occupancy shall remain valid despite the owner's refusal to permit entry. [§ 129 -10.] [Nontransferability.] [Effective July 1, 1993, a certificate of occupancy issued to a building as required pursuant to Chapter 129 of this Code and /or other applicable laws and ordinances may not be transferred or assigned and shall be void upon transfer of title to the building for which it is issued.] It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel NOTE: Matter underlined is new matter in bracketts to be deleted. PASSED AYES -12 NOES -0 NO. 123 BY MR. COPPOLA ORDINANCE AMENDMENT CHAPTER 167 - ELEVATORS AND CONVEYANCES The Common Council of the City of Buffalo does hereby ordain as follows: That Section 167 -15 of Chapter 167 of the Code of the City of Buffalo be amended to read as follows: § 167 -15. New installations: annual inspections and registrations. A. Installations: certificate of operation required. (1) All new conveyance installations shall be performed by a person, firm or company to which a license to install or service conveyances has been issued. Subsequent to installation, said licensed person, firm or company must certify compliance with the applicable sections of Chapter 167. Prior to any conveyance being used, a certificate of operation must be obtained from the Commissioner of Permit and Inspection Services by the property owner or lessee. A fee as set forth in Chapter 175, Fees, shall be paid for said certificate of operation. It shall be the responsibility of the licensed installer to complete and submit first -time registration(s) for new installations. (2) The certificate of operation fee for newly installed wheelchair lifts and inclined stairway chair lifts for private residences shall be subsequent to an inspection by a licensed third -party inspection firm. B. Annual inspections: certificate of operation required. All conveyances existing in any building or structure must be inspected annually by a person, firm or company to which a license to inspect conveyances has been issued. Subsequent to inspection, said licensed person, firm or company must certify compliance with applicable sections of Chapter 167 referenced in § 167 -2 above, and prior to use, a certificate of operation must be obtained by the property owner or manager from the Commissioner of Permit and Inspection Services in accordance with the fees set forth in Chapter 175, Fees. The certificate of operation fee for existing wheelchair lifts and inclined stairway chair lifts for private residences and ally renewal certificate shall be waived. After an initial inspection, there shall be no subsequent annual inspection required for interior and exterior inclined and vertical wheelchair or stairway lifts in a private residence. The Commissioner of Permit and Inspection Services or his designee shall approve all newly installed and existing wheelchair lifts and inclined stairway chair lifts for private residences subsequent to an inspection by a person, firm or company to which a license to inspect conveyances has been issued. Inspection companies must supply the property owner or lessee and the City of Buffalo with a written inspection report describing any and all code violations. If the Commissioner is satisfied with the inspection, a certificate of operation shall be issued. C. Temporary certificate of operation. A temporary certificate of operation may be issued which will permit the temporary use of a conveyance for a limited time not to exceed 30 days while minor repairs are being completed. D. Display certificate of operation. Certificates of operation referenced in Subsection A through C (above) are renewable annually except for certificates issued for wheelchair lifts and inclined stairway chairlift for private residences, which shall be valid for a period of three years. Certificates of Operation must be clearly displayed on each elevator [or in the elevator maintenance room for use for the benefit of city code enforcement staff. It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel NOTE: Matter in bracketts to be deleted. PASSED AYES -12 NOES -0 NO. 124 BY: MR. COPPOLA, MR. FONTANA COUNTY REIMBURSEMENT FOR MAINTENANCE OF CITY /COUNTY ROADS. Whereas: In 1996, then County Executive Dennis Gorski compiled a report discussing the reimbursement to the City of Buffalo for maintenance of certain roads; and Whereas: this report included reimbursement figures that are calculated by per lane liner mile; and Whereas such figures were calculated for roads that currently extend to and from towns, villages, ect, that are reimbursed from Erie County for maintenance expenditures; and Whereas: maintenance expenditures include, but are not limited to, overlayment general repairs, snow removal, and salting; and Whereas because the City of Buffalo is a city located within the County of Erie, and is not currently reimbursed for such expenditures, as are other towns and villages within the county, reimbursement to the city is a fair and reasonable request. Now therefore be it resolved that: This Common Council instruct the Commissioner of the Department of Public Works, Parks, and Streets to review the 1996 report and recalculate the costs associated to reflect the city's current costs, and formulate a new report based on the 1996 report for the purposes of submission to the county; and Be it further resolved that The report be filed with this common council no later than February 19, 2002,and Be it further resolved that The City Clerk send certified copies of this resolution to the Erie County Executive and the Erie County Legislature. REFERRED TO THE SPECIAL COMMITTEE ON REGIONAL GOVERNANCE AND THE COMMISSIONER OF PUBLIC WORKS NO. 125 BY: MR. COPPOLA FREQUENT POWER INTERRUPTIONS IN NORTH BUFFALO Whereas: Electric service interruptions in the Delaware District, particularly in the North Buffalo area, have become more frequent; and Whereas: these interruptions cause much more than minor inconveniences to both the residential and business community; and Whereas such frequent outages are of tremendous concern to individuals who need electric service for medical reasons, such as operation of medical equipment; and Whereas: the loss of electric service has had a financial impact to many of the businesses located in the area, primarily, but not limited to restaurants; and Whereas in addition to residential and commercial customers, the Lafayette lee Rink, located on Tacoma Avenue, has lost revenues from ice rentals many times due to the loss of power; and Whereas: there is concern that the frequency of these power outages in the North Buffalo area may be due to some underlying problem within the power distribution system; and Whereas: in particular, the power outages in this area have increased in frequency over the past couple of years. Now therefore be it resolved that: This Common Council requests that the power distribution company (Niagara Mohawk) compile a report of the power outages that have occurred in the City of Buffalo over the past three (3) years; and Be it further resolved that: The report includes the dates that the outages occurred, the service area effected by each individual incident (outlined by city streets), and the cause and duration of the outage; and Be it further resolved that: the report be filed with the City Clerk by March 5, 2002, and Be it further resolved that - the City Clerk forward certified copies of this resolution to Niagara Mohawk and the New York State Public Service Commission. ADOPT LAST FOUR RESOLVES, REMAINDER TO THE COMMITTEE ON ENERGY NO. 126 RESOLUTION By Councilmember Davis SET PUBLIC HEARING DOWNTOWN ENTERTAINMENT DISTRICT PHASE 1 598 MAIN STREET WHEREAS, 598 Main Street, LLC and /or other legal entity to be formed (herein referred to as the "Redeveloper ") 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 598 Main Street in the Downtown Entertainment District Phase I Urban Renewal Area; 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: I . 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 8th day of February 2002. 2, That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2.00 P.M. in the Council Chambers on the 19'h of February 2002. ADOPTED NO. 127 BY: Brian Davis, Ellicott District Councilmember LAND USE AGREEMENT BENDERSON DEVELOPMENT CO. 575 DELAWARE AVENUE WHEREAS, the City of Buffalo Urban Renewal Agency and Benderson Development Company have negotiated a Land Use Agreement for the rental of 575 Delaware Avenue, and WHEREAS, the terms of said Land Use Agreement have been approved by the City of Buffalo Urban Renewal Agency, and WHEREAS, said Land Use 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 NOW, THEREFORE, BE IT RESOLVED: THAT, the City Clerk be and is hereby directed to publish the attached Notice of Hearing in the Buffalo News no later than the 8th day of February 2002. THAT, this Common Council will hold a public hearing on the proposed agreement on the 191 h day of February, 2002. ADOPTED NO. 128 RESOLUTION By: Mr. Davis Trailblazing Signage for William Street as "Pastor Richie L. DeBow Way" Whereas: One of Buffalo's native sons, Pastor Richie L. DeBow matured to adulthood on Monroe Street, graduated from Public School #75 and completed his high school diploma at Seneca Vocational High School; and Whereas: In December of 1962, he married Betty (Myree), and was blessed through this union with two sons - Michael and Matthew; and Whereas: After being called to his vocation in 1974, Pastor DeBow earned his minister's license on August 9, 1977, under the guidance of Bishop Candor L. Wilson, of Greater Emmanuel Apostolic Faith in Columbus, Ohio; and Whereas: During his twenty year membership in the congregation of the Cold Spring Church of God in Christ, Pastor DeBow served as a Deacon, Sunday School Superintendent, Director of the Choir, Junior Pastor, Assistant Pastor and Treasurer of the Pentecostal Apostolic Minister's Alliance; and Whereas: After being ordained as a Church Elder, and earning a certificate in Advanced Bible Doctrine, Pastor DeBow founded The City of Refuge in Jesus Christ Ministry in 1985, the Praise Tabernacle Church in 1987, a radio ministry "Glory to His Name" and a thirty- minute telecast "Voices of Praise "; and Whereas: Pastor DeBow is the recipient of numerous awards and honors including the Martin Luther King Cage Classic Fund; and Whereas: For all of his contributions, commitment and dedication to both his community and the City of Buffalo, it is fitting to honor Pastor Richie L. DeBow for his faithful service; Now, Therefore, Be It Resolved: That this Common Council approves the installation of trailblazing signs proclaiming the portion of William Street between Fillmore Avenue and Sherman Street as "Pastor Richie L. DeBow Way "; and Be It Further Resolved That: That this Common Council requests that the Department of Public Works install trailblazing signs that read "Pastor Richie L. DeBow Way" beneath the existing street signs on William Street between Fillmore Avenue and Sherman Street. REFERRED TO THE COMMITTEE ON LEHGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 129 By Mr. Franczyk "Green Energy" to Cut Broadway Market Utility Costs WHEREAS: The Broadway Market has suffered severe fiscal difficulties in recent years, but it is in the city's and region's interest to keep the East Side landmark viable; and, WHEREAS: The Broadway Market needs to be put on a sound financial footing so that it may continue to be a unique municipal asset serving the neighborhood where it is located as well as the city and region as a whole; and, WHEREAS: Budgetary problems continue at the Broadway Market, with the highest costs stemming from past and current onerous utility bills; and, WHEREAS: These expenses need to be satisfied, but the Broadway Market must explore new technologies and strategies to bring down long -term energy costs; and, WHEREAS: At least two possible avenues of alternative power include "green energy," or'Wind power," and District Energy Co- Generation as proposed by the Common Council; and, WHEREAS: Technology has improved since Erie County's failed waterfront "windmill" project of the 1970's, and there are private energy developers who are now looking into harnessing the winds that bring in Buffalo's rain and snow into efficient power producers; and, WHEREAS: The New York State Energy Research and Development Authority (NYSERDA) recently participated in a forum on the use of wind power at the Buffalo Convention Center; and, WHEREAS: NYSERDA provides financial support for wind project developers and the Erie County Office of Energy Development and Management is currently exploring the concept, particularly as it relates to a possible "wind farm" on the shores of Lake Erie; and, WHEREAS: There is also the opportunity to explore "small market" applications so that it may be possible for the Broadway Market to develop its own "pilot project" through the installation of wind power receptacles on the roof of the Broadway Market, which is underutilized; and, WHEREAS: Although Niagara Mohawk imposes "stranded cost" fees on consumers adopting alternative methods of generating electrical power, the eventual benefits of self - generating power could accrue long -term benefits; NOW THEREFORE BE IT RESOLVED: That the City of Buffalo, which owns the Broadway Market, facilities at 999 Broadway explore through its Public Works Department and any other relevant city agencies strategies that promote "wind power' and co- generation strategies to cut onerous utility costs at the Broadway Market. Active participants in these discussions should also include the Broadway Market Board of Directors, Erie County Department of Energy Development and Management, AFL -CIO Economic Development Group, NYSERDA and other relevant parties. BE IT FINALLY RESOLVED: That the above - referenced agencies work with and apprise the Common Council of the feasibility of these energy producing concepts or alternatives. REFERRED TO THE SPECIAL COMMITTEE ON ENERGY, THE COMMISSIONER OF PUBLIC WORKS, THE CORPORATION COUNSEL, THE BROADWAY MARKET MANAGEMENT, THE ERIE COUNTY DEPARTMENT OF ENERGY AND THE NYSERDA NO. 130 BY: MR. FRANCZYK BROADWAY K -MART CLOSING WHEREAS: It has been reported that the Broadway K -Mart store at 998 Broadway will be among those closing as part of the retailers bankruptcy reorganization; and, WHEREAS: The closing of the Broadway K -Mart would be a sharp loss to the residents of the Broadway - Fillmore and wider community where the store is located; and, WHEREAS -. In addition to workers losing their jobs at Broadway K -Mart, citizens would no longer have easy access to the type of merchandise provided by K -Mart, particularly those who do not have cars; and, WHEREAS: In 1991, the Common Council and City of Buffalo worked very hard to attract K -Mart to Broadway, including financial incentives, tax breaks, infrastructure work and support from the Erie County Industrial Development Agency, which normally does not give loans to retailers; and, WHEREAS: Conversations with officials of the Benchmark Corporation, which owns this K -Mart building, suggested that the store was performing well; and, WHEREAS: K -Mart corporate in Michigan indicated that it would focus on closing stores located near Wal -Marts although the Broadway K -Mart is no where near any Wal- Mart stores, which are generally located in sprawl- choked suburban and exurban areas -, and, WHEREAS: The K -Mart corporation also suggested that they wish to refocus support for urban, inner -city stores, which fits the profile perfectly for the Broadway store; NOW, THEREFORE BE IT RESOLVED: 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's Office of Strategic Planning, Buffalo Enterprise Renaissance Corporation (BERC), Erie County Industrial Development Agency (ECIDA), and other interested parties dedicated to keeping a retail presence at 998 Broadway, Buffalo's most "famous" addresses; and, BE IT FURTHER RESOLVED: That if the K -Mart corporation's decision is irrevocable, the city 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. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE DIRECTOR OF STRATEGIC PLANNING, THE BUFFALO ECONOMIC RENAISSANCE CORPORATION AND K -MART CORPORATION NO. 131 Resolution by: Mrs. Grant Re: Expanding Joint Schools Construction Board to increase Community Involvement. Whereas: The Joint Schools Construction Board (JSCB) consists of seven members or seats and of which one is currently vacant even though the JSCB has recommended County Executive Joel Giambra for the vacant seat, and; Whereas: The JSCB currently has five of its seven members elected officials and the council approval of Mr. Joel Giambra will increase the elected officials representation to six of the seven seats, leaving superintendent Ms. Marion Canedo as the only non - elected official on the board, and -, Whereas: The public monies and the children of Buffalo Public Schools will play a significant role in the success of the I billion dollar school construction and rehabilitation project even though parental and community involvement in the whole process is almost non - existent and many in the community are expressing serious concerns, and; Whereas: There have been calls to increase the Joint Schools Construction Board by two additional seats (not including the seat solicited by the County Executive) thereby increasing the JSCB to nine members to possibly include parents, teachers, community activists or other qualified candidates. NOW THEREFORE BE IT RESOLVED: That the Common Council recommends that the Joint Schools Construction Board be expanded to nine members to consider the addition of the County Executive, a parent and a community activist or another member of the large pool of applicants that make up City of Buffalo residents and taxpayers. BE IT FURTHER RESLOVED: That the three new members of the Joint Schools Construction Board should include the County Executive and two City of Buffalo residents with children who currently attend a Buffalo Public School. BE IT FINALLY RESOLVED THAT: This resolution be sent to the Joint Schools Construction Board and the Board of Education, and a written response be submitted to this honorable body no later than 2 p.m. Tuesday March 5th. REFERRED TO THE COMMITTEE ON EDUCATION AND THE JOINT SCHOOLS CONSTRUCTION BOARD NO. 132 RESOLUTION By: Ms. Gray Expanding the 20% Senior Citizen Cable Discount Program to Include Persons with Disabilities Whereas: In 1999 Adelphia Cable company instituted a 20% cable discount to Senior Citizens in Erie and Niagara Counties; and Whereas: The Adelphia Cable Company's 20% Senior Citizen discount program replaced the previous TCI $2.00 discount program for Seniors and the disabled; and Whereas: Adelphia Cable Company recently announced that it will be increasing rates effective March 2002; and Whereas: This rate increase is certainly onerous, especially for senior citizens, the disabled and others who are living on fixed incomes and who rely on cable TV for news and entertainment; and Whereas: The disabled, sometimes the forgotten members of our society, should also be given special consideration when establishing cable rates; Now, Therefore, Be It Resolved That: This Common Council requests that the Adelphia Cable Company give special consideration to extending the 20% Senior Citizens discount program to include persons with disabilities in our community; and Be It Further Resolved That: This Council further requests that the Department of Community Services, Advocacy Office for Persons with Disabilities, be designated to work with Adelphia Cable Company to handle all paperwork or inquiries involved with expanding the discount program, should it be expanded to include persons with disabilities; and Be It Finally Resolved That: The City Clerk be directed to forward certified copies of this resolution to Adelphia Communications and the Department of Community Services, Advocacy Office for Persons with Disabilities. ADOPT NO. 133 By: Mrs. LoTempio Ordinance Amendment Chapter 175 - Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 309 of Chapter 175, Fees, of the Code of the City of Buffalo be amended to read as follows: § 309 -28, use of facilities With the exception of designated private ice time at skating rinks, City of Buffalo handicapped persons (classified as such by the United States Department of Health, Education and Welfare) may use any of the hereinafter mentioned recreational facilities free of all charges and fees. City Resident Noncity Resident GOLF COURSES Seasonal fee for South Park, $160.00 $310.00 Park, Cazenovia and Delaware Golf Courses Senior citizens with city $80.00 [$250.00] $230.00 city identification cards Youths under 16 with city $80.00 $160.00 identification cards Junior Program $60.00 $125.00 (12:00 noon to closing, July to August only) Daily fee for South Park, Cazenovia and Delaware Golf Course (each) 18 holes on Saturday, $12.00 [$18.00] $16.00 Sunday or holiday Seniors and youths under 16 $8.00 [$18.00] $16.00 on Saturday, Sunday or holiday 18 holes on other days [$7.00] $9.00 [$12.00] $16.00 Seniors and youths under 16 [$5.00] $7.00 [$10.001 $13.00 on regular weekdays Twilight rate (starts after 6:00 p.m.) [$5.00] $7.00 [$7.00] $9.00 Reserve tee time, per reserved hour$50.00$50.00 New York State access pass Free Applicable rate [LAWN BOWLING] [Seasonal] [Per person for [$45.00] [$65.00] Delaware Park] [BENNETT BEACH] [Daily parking] [Per automobile] [$3.00] [$4.00] [Per van] [$4.00] [$5.00] [Per bus] [$7.00] [$7.00] DUPLICATE PERMITS Each permit $5.00 $10.00 BOAT TRAILER LAUNCHING PERMITS Seasonal $25.00 $50.00 ICE SKATING Youths under 18 and seniors [$0.75] $1.00 [$2.50] $3.00 18 years and over [$1.50] $2.00 [$2.50] $3.00 Designated private ice time: [Outdoor rink:] [All groups, per hour] [$40.00] [$40.00] Indoor rink: All groups other than $110.00 [$180.00] $200.00 developmental league, per hour Developmental league, $80.00 $200.00 (including Explorer League, Timon and Canisius High School), per hour Nonresident participating with [$55.00] $60.00 resident or developmental league or high school, per individual /per season Skating lessons, per session [$10.00] $12.00 [$10.00] $20.00 INDOOR NATATORIUM Daily sessions (except for the months of July and August) City of Buffalo residents with identification cards Under 18 years and seniors [$0.75] $1.00 [$2.50] $3.00 18 years and over [$1.50] $2.00 [$2.50] $3.00 July and August Under 18 years and seniors $2.50 18 years and over $2.50 Seasonal Under 18 and seniors $50.00 $150.00 (with city identification cards) 18 years and older $100.00 $150.00 (with city identification cards) Designated private swimming time Half pool rental per [$85.00] $30.00 [$140.00] $40.00 group, per hour Per day $200.00 $300.00 Exclusive use of pool, [$170.00] $40.00 [$280.00] $60.00 per hour Per day $300.00 $400.00 Swimming lessons, per [$10.00] $15.00 [$10.00] $30.00 session CITY IDENTIFICATION CARDS Issued to city residents with valid $3.00 proof of residence, each [Parkside Lodge and Cazenovia Casino [$35,00] only; evenings, weekends and holidays, per hour] [Minimum fee] [$125.00] [$125.00] DAILY RENTALS Special Events $200.00per day plus $200, per day plus clean up Actual cost of clean -up, actual cost of if necessary if necessary Seasonal Events $500.00 $500.00 LaSalle Pavilion [$250.00] $400.00 [$250.00] $400.00 Parkside Lodge $125.00 $125.00 Marcy Casino $125.00 $125.00 Cazenovia Casino $125.00 $125.00 bucks and platforms $100.00 $100.00 Japanese Garden $35.00 $35.00 Park Permit $25.00 $25.00 Park Shelter Permit $25.00 $25.00 Wedding Receptions $100.00 $100.00 Wedding Ceremony in Park $35.00 $35.00 [Community Center Room] Room in a City Facility (excluding block clubs $25.00 $25.00 BAND SHELL RENTAL Mobile band shell rental, per day $400.00 $400.00 DIAMONDS AND FIELDS Team permit, per season (grammar schools, high schools, [volleyball leagues] and little leagues excluded) [$75.00] $100.00 [$75.00] $100.00 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. NOTE: Matter in brackets to be deleted; matter underlined is new. PASSED AYES -12- NOES -0 NO. 134 By: Mrs. LoTempio Re: Excuse Councilmember Gray from Council Meeting Whereas: Councilmember Beverly Gray will be unable to attend the Council meeting on Tuesday, February 5, 2002, Now, Therefore, Be It Resolved: That the Common Council excuses Councilmember Beverly Gray from attending the Tuesday, February 05, 2002, Common Council meeting. ADOPTED NO. 135 By- Mrs. Martino Union Ship Canal Special Development Plan Whereas: This body, as lead agency. required Development Downtown- Inc. to prepare an Environmental Impact Statement, to review all of the environmental Impacts of implementing the Union Ship Canal Special Development Plan; and Whereas.- On July 10. 2001. this, body accepted a Draft Generic Environmental Impact Statement as complete and held a public hearing on August 8, 2001 and Whereas. The project sponsor- Development Downtown, Inc. has now amended the DGFIS as a result of the comments received during the public comment period, and Whereas: The project sponsor has now filed a Final Generic Environmental Impact Statement for this body's review and acceptance. Now, Therefore, Be It Resolved: 'That this body hereby accept the FGFIS as a complete document and hereby directs the City Clerk to file and publish the Notice of Completion in accordance With 6NYCRR6]7. 101, to advertise notice of a thirty day public comment period and to distribute the FGEIS to the following involved and interested agencies as well as the enumerated City Departments, Boards, and Commissions and public viewing sites: The City of Buffalo Department of Public Works, the Planning Board of the City of Buffalo, Buffalo Sewer Authority, the City of Buffalo Department of Permits and Inspections. the Mayor's Office of Strategic Planning. the City of Buffalo Environmental Management Commission the Buffalo Police Department., Buffalo Fire Department, Ci� Comptroller, Erie County Division of Sewerage and Management, Erie County Department of Environment and Planning, Erie County Water Authority. Erie County Department of Health- Erie County Industrial Development Agency. City of Lackawanna, Empire State Development Corporation, New York State Department of Environmental Conservation, New York State Department of Health, New York State Governor's Office of Regulatory Affairs, State Historic Preservation Office, New York State Department of Transportation, New York State Department of State.. United States Army Corps of Engineers. United States Environmental Protection Auency. and the Downtown. Cazenovia and Dudley Public Libraries. REFERRED TO THE SPECIAL COMMITTEE ON UNIONSHIP CANAL No. 136 By: Mr. Thompson Joint School Construction Board Whereas: The Common Council adopted a resolution for Participation and Hiring Goals for New School Construction and Rehabilitation; and Whereas: The Education Committee has been working closely with the Joint School Construction Board; and Whereas: The Joint School Construction Board accepted the Buffalo Common Council's recommendations and implemented further MWBE participation and hiring goals of their own; and Whereas: The first contract has been awarded to Cimminelli Construction; and Now Therefore Be It Resolved: That Cimminelli Construction be invited to the next Education Committee meeting; and Be It Further Resolved: That Cimminelli Construction and the Joint School Construction Board provide a copy of the final agreement with the Common Council; and Be It Finally Resolved That Cimmineili Construction file with this Common Council a copy of the diversity plan and means in which they are going to achieve outreach for business and workforce development for MWBE participation goals. REFERRED TO THE COMMITTEE ON EDUCATION, THE JOINT SCHOOL CONSTRUCTION BOARD, CIMINELLI CONSTRUCTION AND BOARD OF EDUCATION NO. 137 By: Mr. Thompson Request Funding from NYS to Help the City of Buffalo Administer the NYS Empire Zone Program Whereas: The City of Buffalo has been awarded a 2nd Empire Zone and there are now 4 square miles in Buffalo's Zone; and Whereas: When businesses call regarding this program, it is crucial that they get accurate, competent and timely assistance to guide them successfully through the qualification process; and Whereas: The State of New York has provided the City of Buffalo with $15,000 for the second zone, in addition to $58,000 to administer the first Empire Zone, and the 2 employees assigned to this program at BERC are now getting triple the calls they had been receiving; and Whereas: There are approximately 2,500 businesses in the two zones, and the BERC employees, who had been processing 2 to 3 applications a week, are now attempting to process 20 to 30 applications a week while marketing the program to 2,500 businesses; and Whereas: There is a clear and present need for increased staffing to help market and successfully implement the Empire Zone program in the City of Buffalo. Now, Therefore, Be It Resolved That: This Common Council requests the State of New York to provide substantial additional funding to properly implement Buffalo's Empire Zone program and to insure the zone is the asset it was designed to be in improving the business climate in Western New York; and Be It Further Resolved That: The City Clerk be directed to send certified copies of this resolution to Governor Pataki, to the Clerk of the Assembly, to the Secretary of the Senate, to the members of the Western New York Legislative delegation, to Charles A. Gargano, Chair of the Empire State Development Corporation, and to Lewis D, Majority Leader Sheldon Silver, Speaker of the Senate, Luke Rich Empire State , Joe Bruno Rich, the Regional Director of the Empire State Development Corporation. ADOPTED NO. 138 By: Mr. Thompson Vehicular accidents at the intersection of E. Ferry Street and Humboldt Parkway Whereas: The Intersection of East Ferry Street and Humboldt Parkway is a highly traveled and utilized area in the Masten District; and Whereas: The intersection of East Ferry Street and Humboldt Parkway is also the site of a large amount of vehicular accidents; and Whereas: The intersection of East Ferry Street and Humboldt Parkway is an area of concern for many residents, especially persons residing on Humboldt Parkway that witness accidents at the location weekly and sometimes daily; and Whereas: There has been numerous speculation regarding the causes for the accidents ranging from the timing of lights to the signage in the vicinity; Now Therefore Be It Resolved: That the Public Works Department of the City of Buffalo conduct a traffic study of the intersection at East Ferry Street and Humboldt Parkway; and Be It Further Resolved: That the Buffalo Police Department issue a report regarding accidents at the intersection of East Ferry Street and Humboldt Parkway for the last four years; and Be It Finally Resolved: That the New York State Department of Transportation conduct a review of the signage in the area. REFERRED TO THE CONMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND NEW YORK STATE DEPT. OF TRANSPORTATION AND THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION No. 139 By Mr. Thompson Felicitations /In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitationfor Bro.Ausar Africa Day By Councilmember Grant, Michaux, Pitts, Davis ADOPTED NO. 140 BY: ANTOINE M. THOMPSON Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term. ending December 31 t 2002 , conditional upon the person so appointed certifying under oath to their qualifications and f ilin:4 same with the City Clerk. DANIEL BAILEY ADOPTED. No. 141 BY:ANTOINE M. THOMPSON Appointments Commissioner of. Deeds Required for the Proper Performance of Public Duties That the following persons. are hereby appointed as Commissioner of Deeds for the term ending. December 31, 2002, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City DORISANN KOHN JUANITA S. GOORWIN CARLTERRANOVA ADOPTED UNFINISHED BUSINESS No. 142 Bond Resolution - $4,370,000 -City Owned Bldgs.- Various (CCP# 174 01/22/2002) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Thompson CARRIED Mrs. LoTempio now moved approval of the above item. Seconded by Mr. Thompson PASSED AYES -12- NOES -0 No. 143 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 1 h floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, February 12, 2002 at 9:30 o'clock A.M. Committee on Finance Tuesday, February 12, 2002 at 10:00 o'clock A.M. following Civil Service Committee on Legislation Tuesday, February 12, 2002 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, February 13, 2002 at 10:00 o'clock A.M. Committee on Education Wednesday, February 13, 2002 at 2:00 o'clock P.M. Special Committees Budget Wednesday, February 6, 2002 at 10:00 o'clock A.M. in Room 1417 City Hall. MBEC Monday, February 11, 2002 at 10:00 o'clock A.M. in Room 1417 City Hall. Union Ship Canal Wednesday, February 13, 2002 at 8:30 o'clock A.M. in Room 1417 City Hall. Reapportionment Wednesday, February 13, 2002 at 1:00 o'clock P.M. in Room 1417 City Hall. Bi- National Bridge Thursday, February 14, 2001 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 -, therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. On a motion by Mrs. LoTempio, Seconded by Mrs. Grant the Council adjourned at 3;27 PM Board of Police and Fire Pension Proceedings #1 Office of the Mayor -201 City Hall January 30, 20012' Present:; Maurice Garner, Deputy Comptroller, Darryl McPherson, Assistant Corporation Counsel -2 Absent: James W. Pitts, Council President; Anthony M. Masiello, Mayor -2 The Journal of the last meeting was approved. NO. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of January 2002 amounting to $16,366.69 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -2. Noes -0. No. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of January 2002 amounting to $16,487.00 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -2. Noes -0. No. 3 The following annuitant was cancelled from the Police Pension Fund Payroll: Felicia Beyer Died 12/17/01 Received and Filed. No. 4 On motion by Mr. Garner, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m. No. 144 Adjournment