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Home My WebLink About02-06-11No. 12 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO June 11, 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, JUNE 11, 2002 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and and Council Members Bonifacio, Coppola, Davis, Fisher, Fontana, Franczyk, Golombek Grant, Gray, LoTempio, Martino and Thompson - 13. On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on May 28, 2002 were approved. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BUFFALO ARTS COMMISSION NFTA SW corner Elmwood and W. Utica Bus Shelter encroachment Item No. 26, C.C.P. 5/28/2002 The City Planning Board at its regular meeting held Tuesday, June 2, 2002, considered the matter captioned above pursuant to Section 413 -67 of the Buffalo Code, Encroachment Regulations. The applicant seeks to encroach the right -of -way with a bus shelter to be located at the Southwest corner of Elmwood and W. Utica Streets. This application was previously denied by the Common Council because of placements disputes. The Planning Board voted to recommend approval of the encroachment with the conditions that the District Councilmember's office work with all property owners that may be: impacted with this bus shelter prior to the issuance of any permits. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1 Donation of vehicle The Buffalo Arts Commission respectfully requests your Honorable Body approve acceptance of a vehicle (vin # JNIGB36CINU102096) donated by Nan Hudnut Clarkson and William Clarkson, 156 Bryant St., to the City of Buffalo Arts Commission. The 1992 Nissan 2000x Coupe is in good condition. The car will be used during regular city business hours and for arts or cultural events on evenings and weekends. The car may be taken to the home of the Executive Director, David Granville (32 Park St.), where it may be stored when not in use. The Executive Director will also be responsible for purchasing gas for the vehicle, with regular maintenance being provided by the city. No gas key authorization is needed. An artist, sponsored by "Art on Wheels," will decorate the car as a promotion for the upcoming public art project planned for 2003. Thank you for your support. Mrs. LoTempio Moved: That the above communication from the Buffalo Arts Commission dated June 6, 2002, be received and filed; and That the Executive Director be, and he hereby is authorized to accept a 1992 Nissan 2000x Coupe (VIN #YNIGB36CINU102096) on behalf of the Buffalo Arts Commission from Nan Hudnut and William Clarkson. Passed. AYES -13- NOES -0 FROM THE OFFICE OF CITIZEN SERVICES No. 2 Monthly report from the Division of Citizen Services (Mayor's Complaint Hot Line aka Help line) MAY 2002 Attached is the May 2002, activity report from the Division of Citizen Services. During the month of May, we received 11,655 calls, of which we processed 3,762 complaints or help services. This volume of calls was extremely high, especially the first three days after the bulk mailing of the "Blue Can Program" brochure, which announced the change in garbage days. The brochure, which listed the Variable Fee rates for the three sizes of garbage totes, doubled the requests for tote changes from 653 to 1,361. All other reporting categories reflected very little change over April's calls. With the start of the new collection days, we are still receiving a high number of daily calls, because some residents still have questions about their "new" pick -up day. We anticipated some confusion with the start of the new 5 district pick -up schedule, but overall the new system is being very favorably received by the public. As always, I hope that this information is helpful, as we continue to provide quality services to Buffalo's residents. Copy available in the City Clerks Office RECEIVED AND FILED No. 3 Sale of Main Place Ramp I am attaching a May 30, 2002 survey report of necessary repairs to the Main Place Mall parking garage. Copy available in City Clerks Office REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY PLANNING BOARD NO. 5 38 Swan St. Sidewalk cafe Item No. 27, C.C.P. 5/28/2002 The City Planning Board at its regular meeting held Tuesday, June 4, 2002, considered the matter captioned above pursuant to Section 413 -59 of the Buffalo Code, Sidewalk cafes. The applicant seeks to encroach the right -of -way with a 221 x51 sidewalk cafe in front of the business located at 38 Swan Street. Under SEQR the proposed sidewalk Cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the sidewalk caf6 with the following conditions: 1. No outside music is allowed 2. Closing at 12 p.m. on weeknights and 1 a.m. on weekends. 3. No outside trash receptacles 4. Preservation Board Approval of the cafe design. REFERRED T THE COMMITTEE ON LEGISLATION No. 6 D. Reeves 1292 Hertel Ave. Sidewalk cafe Item No. 72, C.C.P. 5/28/2002 The City Planning Board at its regular meeting held Tuesday, June 4, 2002, considered the matter captioned above pursuant to Section 511 -59 of the Buffalo Code, Sidewalk cafes and Hertel Avenue District. The applicant seeks use expand an existing 20'x8' sidewalk cafe with an 8lx8ladditi.onal encroachment adjoining the original caf6 at 1292 Hertel Ave. The total sidewalk cafe will now measure 28'x8'. Under SEQR the proposed sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of sidewalk with the following conditions: 1. No outside music is allowed 2. Closing at 11 p.m. 3. The operator of the restaurant is responsible for clean -up of any garbage that is generated as a result of the sidewalk cafe usage. RECEIVED AND FILED No. 7 Forever Elmwood Northwest Corner of Elmwood and Information Kiosk Encroachment Item No. 33, C.C.P. 4/16/2002 The City Planning Board at its regular meeting held Tuesday, June 4, 2002, considered the matter captioned above pursuant to Section 413 -67 of the Buffalo Code, Encroachment Regulations. The applicant seeks to encroach the City right -of -way with a 15'x6' information. Kiosk at the northwest corner of Elmwood and North Streets. This location is located within a local Preservation District. The Planning Board has been waiting for advice and a decision from the Preservation Board before making any recommendations to the Common Council. It appears that your Honorable Body, at your meeting of May 14, 2002, approved with conditions, the above referenced item, before the Planning Board could make any recommendations to your Honorable Body. The Planning Board therefore voted to receive and file the above referenced item. RECEIVED AND FILED NO.4 NO. 8 HSBC Bank 2088 Genesee St. Handicap Ramp Encroachment Item No. 25 C.C.P. 5/28/2002 The City Planning Board at its regular meeting held Tuesday, June 4, 2002, considered the matter captioned above pursuant to Section 413 -67 of the Buffalo Code, Encroachment Regulations. The applicant seeks to encroach the right -of -way with a 18'x4' handicap ramp to be constructed at 2088 Genesee St. Under SEQR the proposed handicap ramp is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the encroachment upon a favorable outcome from the June 18, 2002 Planning Board Public Hearing regarding the design and site plan of the proposed handicap ramp. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 9 RESPONSE R.FINK- ALLENTOWN ASSN - COMMENTS OUTSIDE BEER SALES - MULLIGANS -ART FESTIVAL (Item No. 56 C.C.P. 05/28/02SN) In response to Your Honorable Body's inquiry relative to Allentown Association's comments regarding the event planned by Mulligan's during the weekend of the Allentown Art Festival, I would like to point out that BURA has leased the parking lot in question to JDFI, the owners of Mulligans. In accordance with the terms of the lease, they requested permission to hold this event which is a fundraiser for the Variety Club; and were granted permission by BURA to hold the event. A condition of BURA's permission was that they apply for all necessary licenses and permits. They have complied with this condition. I assigned Michael McCarthy, BURA General Counsel and Marianne DeMarco to attend the Special Events Committee meeting of May 30, 2002, and they reported to me that the Committee approved the event, Mulligan's security plan and their use of the BURA owned parking 10 -1. I hope this information will alleviate any concerns you may have had. RECEIVED AND FILED NO. 10 Union Ship Canal Item No. 127, C.C.P. May 28, 2002 Pursuant to Common Council request, the Environmental Management Commission (EMC) comments on the SEQRA Draft Findings Statement for the Union Ship Canal project. Union Ship is a very important project that must be achieved with careful attention to environmental issues. The Commission thanks the Common Council and Development Downtown, Inc. for their responsive efforts since last fall to involve the Commission in the ongoing environmental review process. The EMC has carefully considered issues involved in the necessary environmental review for Union Ship. It notes, as outlined in the Draft Findings Statement, the potential need for future Supplemental Environmental Impact Statements to deal with issues of environmental concern which may be confronted as the complex project proceeds. The Commission underscores appropriate utilization of this technique as may be required and necessary. So doing will provide ongoing adequate attention to planning issues and help insure rapid progress on the strongest possible project. The Commission supports early approval of a Final Findings Statement by the Common Council. It wishes the City Administration and Common Council success in the work they have undertaken to move appropriate Union Ship Canal development forward. RECEIVED AND FILED No. 11 Lease Request - 560 Walden Former Gas Station Lot Size: 132'x110 Assessed Valuation: Land: $11,300 Improvements: $34,100 Total: $45,400 The Office of Strategic Planning, Division of Real Estate has received a request from Gilbert Acker of 92 Sweet Avenue, Buffalo, New York to lease the above captioned property for an auto repair shop tinder the following terms and conditions: 1 . The lease will commence on June 1, 2002 and will termination May 31, 2003. 2. The monthly rental will be Two Hundred and Fifty Dollars ($250.00) 3. Premises is leased "as is" 4. The lessee will at his own cost and expense be responsible for the removal of the existing underground gas and oil tanks. 5. Lessee will be responsible for the cost of all minor and major interior and exterior maintenance and repairs that are necessary (including but not limited to heating, plumbing, structural, snow removal, grass cutting, etc.) 6. Lessee will be responsible for payment of all utilities and garbage user fee. 7. Lessee will maintain the building in accordance with all health and safety codes and apply for all applicable licenses and permits 8. Lessee will provide the City of Buffalo with proof of liability insurance coverage naming the City of Buffalo as an additional insured on said policy. The type and amount of liability coverage to be determined by the City of Buffalo, Corporation Counsel Office. 9. Lessee will have the option to acquire the property for its current fair market value during the lease term. The current market value to be established by an independent appraisal at the commencement of the lease agreement. I am recommending that Your Honorable Body approve the request of the Mr. Gilbert Acker to the lease the city owned property at 560 Walden upon the above terms and conditions. I am further recommending that the Corporation Counsel prepare the necessary lease agreement and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE No. 12 Results of Negotiations for the Abandonment and Sale of the Dead End Portion of Warwick Lot Size: 65'Wide x Irreg. Assessed Value: Not Assessed Item No. 9, C.C.P. 10/30/01 Pursuant to Item No. 9, C.C.P. 10/30/01 Your Honorable Body authorized the abandonment and sale of the dead -end portion of Warwick Street to DePaul Properties, Inc., 2240 Old Union Road, Cheektowaga, New York 14225. The dead end section of Warwick is adjacent to the approved DePaul assisted living apartment complex, which will be constructed beginning the fall /winter of this year. They believe that the street posses both safety and aesthetic issues for the neighborhood as well as the project. They have agreed to remove the existing curb, sidewalk, asphalt and street lighting and replace with soil, grass and landscaping. They will also remove the 5 -foot fence for the Grider Street Pool that encroaches onto the right -of -way by about 4 -5 feet and install a 1 0 -foot fence along the property line. The Dept. of Public Works, City Planning Board, Sewer Authority, Dept. of Inspections and Division of Collections have reviewed their request. The Dept. of Public Works, Parks & Streets is recommending the abandonment and sale of a portion of Warwick subject to the following conditions: 1 . That the official dosing and abandonment of that portion of the right -of -way of Warwick Avenue does not become effective until the deed conveying the property is filed in the Erie County Clerk's Office. 2. The purchase of the parcel will grant an easement acceptable to any utility company or authority that presently legally has any underground or above ground lines, ducts or mains within the right -of -way of that portion of Warwick Avenue that is to be dosed and abandoned. EHNP, Inc, Mr. Rick Mancinelli, Appraiser conducted an independent appraisal of the property. He has estimated the value of the property to be Seven Thousand Nine Hundred Dollars ($7,900.00). The Appraisal Review Board has reviewed the appraisal report and they concur with the appraiser's estimate of value. DePaul Properties, Inc. has agreed and is prepared to pay Seven Thousand Nine Hundred Dollars ($7,900.00) for said property. They have also agreed to pay for the cost of the appraisal, transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of the dead end portion of Warwick Avenue to DePaul Properties, Inc. in the amount of Seven Thousand Nine Hundred Dollars ($7,9010.00). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the Executive Director of Strategic planning be and he hereby is authorized to sell the abounded dead end portion of Warwick Avenue to DePaul Properties, Inc. in the amount of ($7,900.00). That the Corporation Counsel prepare the necessary documents f6i the transfer of title and that the Mayor be authorized to execute the same. PASSED AYES - 13 NOES -0 FROM THE COMPTROLLER No. 13 Certificate of Necessity Transfer of Funds Planning for Capital Projects Public Works We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $30,000 be transferred and reappropriated from the Planning for Capital Projects account, as set forth below: From: 30000106 - 445100 Planning for Capital Projects $ 30,000 To: 30007806 - 445500 Multi -Modal Program (Design) $ 30,000 RECEIVED AND FILED No. 14 Certificate of Necessity Increased Appropriation Division of Engineering We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify pursuant to §20 -11 of the Charter, that an increase in the sum of $13,815 in the estimate for the fiscal year beginning July 1, 2001 is necessary in Appropriation Allotments for the Division of Engineering - Construction of Streets, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriations will be met from an increase of $13,815 in the General City Revenue account Org & Obj 9 10311015 - 340000 - Charges for Services not otherwise appropriated for any other purpose. The details of the requirements are set forth below: To: 13112006 - 443 100 - Engineering - Construction of Street $13,815 RECEIVED AND FILED no. 15 Updated Cash Flows with actuals through May 1, 2002 for the City and Board of Education. In keeping with my commitment to keep the Council informed regarding our cash position, attached are the cash flows representing actuals through April 30, 2002 and subsequent projections for the, City and Board of Education through 6/30/02 To summarize, I would like to report that the combined actual ending cash and investments are currently ahead of the projections that were previously submitted to this Honorable Body and the rating agencies last January. The original draft anticipated an ending cash balance at 4/30/02 of $68.4 million and we finished with $81.9 million, an excess of over $13 million. This is the result of several factors related to timing issues as well as significant fluctuations in both revenues and expenditures for both the City and Board of Education. Overall, the City's aggregate revenues outperformed the estimates by over $5.1 million mainly due to the $5.3 million of FEMA aid for storm related expenditures. Although property taxes appear to be lagging by approximately $3.2 million, sales tax is up by $1.2 million, other income is up by $1.6 million, and due from other funds revenue is up by $1.9 million. An anticipated interfund cash loan repayment projected from proceeds of a March bond sale will materialize by June 30, 2002. According to the budget office, we expect to receive another $385,000 from FEMA. However, due to the uncertainty of when this will arrive, this amount is not included in the projection through 6/30/02 As for City Salary and Non Salary expenditures, salaries were significantly under the projection by $7.1 million and non- - salary expenses were $515,000 less than projected. It should be noted that when adding $7.4 million for storm related expenses that were paid in March, this lead to expenditures being in excess of the projection by $6.9 million. The Board of Education's overall revenues were greater than the projection by $7.0 million. This is a result of several factors. The major component - Basic Education Aid was up $23.8 million over the estimate because $16.0 million of revenue originally projected for June, 02 was accelerated to March, 02 along with increases in state aid. Conversely, categorical aid was down $12.9 million, miscellaneous aid was down $4.2 million and sales tax was down $128,000. other income for the Board was up $500,000. Board expenditures were down $1.6 million from the original estimates. Although Salaries were $3.0 million greater than the projection, Non Salary expenditures were $4.6 million less than anticipated. As you can see from the attached, cash flow fluctuations are an ever changing and fluid exercise. The projections are and continue to be a "work in progress" as we approach the end of the fiscal year. The last two - month's projections are the result of the combined efforts of the Budget office, Board of Education and my office. My paramount concern is the necessity to pay off our outstanding RAN principal of $120.0 million and $4.2 million of interest costs associated with those RANS on June 27, 2002. To guarantee that this occurs, I am going to suggest that the City and the Board be prepared to possibly postpone any Non - Salary expenditures during June. On a combined basis, it appears that we may experience an ending balance of less than $2.0 million. Let me further state that it is imperative that every attempt be made to accelerate all General Fund receivables owed the City and the Board of Education well in advance of the RAN repayment date. REFERRED TO THE COMMITTEE ON BUDGET FROM THE PRESIDENT OF THE COUNCIL NO. 16 REVIEW OF GREEN FEES I have received your letter dated April 30, 2002 regrading the non - resident green fees. After this year's golf season, we will review all our new fees and if needed make appropriate adjustments and changes. Thank you for your concern. RECEIVED AND FILED NO. 17 STATUS REPRT ADELPHIA CABLE I am writing to request a written status report concerning the Memorandum of Understanding (MOU) with the Adelphia Communications Corporation. As you know, the current financial problems with the Adelphia Corporation have called into question the viability of the proposed office tower at the City's Inner Harbor area. The Common Council is presently assessing the feasibility of this project in the light of the current problems that Adelphia has, with the intention of determining options that the City of Buffalo may have, given a bankruptcy proceeding. There are a number of specific issues that I would appreciate your addressing: 1). What is your Agency's current position concerning the proposed agreement with the Adelphia Corporation? 2). When did the Empire State Board of Director's officially approve the MOU? 3). Bas the New York State Public Authorities Board approved the MOU? 4). Have there been any contract negotiations with the Adelphia Corporation? 5). Has any of the $50 million escrow account or any other state funds or benefits been expended for the Adelphia project? 6). Ras Adelphia met any of its obligations to pay various fees and payments required under the proposed MOU? I would appreciate your cooperation and response relative to this request at your earliest convenience REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS, THE CORPORATION COUNSEL, THE EMPIRE STATE DEVELOPMENT CORPORATION FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 18 Certificate of Appointment Appointment Effective: June 4, 2002 in the Department of Assessment and Taxation to the Position of Senior Account Clerk -Steno Permanent Appointment at the Maximum Starting Salary of: $29,652.00 Rhonda J. Zloty 675 Delaware Apt. 109 Buffalo, NY 14209 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 19 NOTIFICATION SERIAL # 9407 PERMISSIVE PARKING - REPEAL ON WEST HURON STREET, NORTH SIDE BETWEEN MAIN STREET AND DELAWARE AVENUE PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, Or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING - DAILY West Huron Street, north side 2 Hour Parking between Main Street and 7:00 am to 7:00 pm Delaware Avenue Except Sunday This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more user - friendly on- street parking in Downtown Buffalo. NOTIFICATION SERIAL # 9408 REPEAL NO PARKING ON EAST HURON STREET, NORTH SIDE BETWEEN OAK STREET AND A POINT 200— WEST OF ELLICOTT STREET NO PARKING - REPEAL In conformity wit) 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 that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD East Huron Street, north side At all times between Oak Street and a point 200' west of Ellicott Street This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more user friendly on- street parking in Downtown Buffalo. NOTIFICATION SERIAL # 9409 PERMISSIVE PARKING - REPEAL ON EAST HURON STREET, NORTH SIDE BETWEEN A POINT 200' WEST OF ELLICOTT STREET AND WASHINGTON STREET PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING - DAILY East Huron Street, north side 2 Hour Parking between a point 200' west of 7:00 am to 7:00 pm Ellicott Street and Washington Street Except Sunday This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more userfriendly on- street parking in Downtown Buffalo. NOTIFICATION SERIAL # 9410 REPEAL NO PARKING ON WEST HURON STREET, SOUTH SIDE BETWEEN DELAWARE AVENUE AND FRANKLIN STREET NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances. as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD West Huron Street, south side between At all times Delaware Avenue and Franklin Street This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more user friendly on- street parking in Downtown Buffalo. NOTIFICATION SERIAL # 9411 NO STANDING - REPEAL ON EAST HURON STREET, SOUTH SIDE BETWEEN MAIN STREET AND WASHINGTON STREET NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD DAILY East Huron Street, south side between At all times Main Street and Washington Street This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more user friendly on- street. parking in Downtown Buffalo. NOTIFICATION SERIAL # 9412 PERMISSIVE PARKING - REPEAL ON EAST HURON STREET, SOUTH SIDE BETWEEN WASHINGTON STREET AND A POINT 110' EAST OF ELLICOTT STREET PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repeating 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 that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING - DAILY East Huron Street, south side between 2 Hour Parking Washington Street and a point 110' 7:00 am to 7:00 pm east of Ellicott Street Except Sunday This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more user friendly on- street parking in Downtown Buffalo. NOTIFICATION SERIAL # 9413 INSTALL NO STANDING ON WEST HURON STREET, NORTH SIDE BETWEEN DELAWARE AVENUE AND SOUTH ELMWOOD AVENUE NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD West Huron Street, north side between At all times Delaware Avenue and South Elmwood Avenue This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide mote user friendly on- street parking in Downtown Buffalo. NOTIFICATION SERIAL # 9414 INSTALL NO PARKING ON WEST HURON STREET, NORTH SIDE BETWEEN FRANKLIN STREET AND A POINT 146' WEST THEREFROM 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 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 PROHIBITED PERIOD West Huron Street, north side At all times between Franklin Street and a point 146' west therefrom This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more userfriendly on- street parking in Downtown Buffalo. NOTIFICATION SERIAL # 9415 INSTALL METERED PARKING ON WEST HURON STREET, NORTH SIDE BETWEEN A POINT 146' WEST OF FRANKLIN STREET AND DELAWARE AVENUE PERMISSIVE 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 that part of Subdivision 27 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: ME -TERED PARKING Metered Parking — locations Period of Metered Rate Parking of Metered Parking West Huron Street, north side2 Hour Parking between a point 146' west of 8:00 am to 5:00 Franklin Street and Delaware Avenue Mon -Fri This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more user friendly on- street parking in Downtown Buffalo. NOTIFICATION SERIAL # 9416 INSTALL METERED PARKING ON WEST HURON STREET, NORTH SIDE BETWEEN PEARL STREET AND FRANKLIN STREET PERMISSIVE 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 that part of Subdivision 27 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING Metered Parking locations Period of Metered Rate Parking of Metered Parkin West Huron Street, north side 2 Hour Parking Rate C between Pearl Street 8:00 am to 5:00 pm $1.00 per hour and Franklin Street Monday — Friday 2 hour maximum This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more user friendly on- Street parking in Downtown Buffalo. NOTIFICATION SERIAL # 9417 INSTALL METERED PARKING ON WEST HURON STREET, NORTH SIDE BETWEEN MAIN STREET AND PEARL STREET PERMISSIVE 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 that part of Subdivision 27 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING Metered Parking Locations Period of Metered Parking Rate of Metered pkg West Huron Strect, north side 2 Hour Parking Rate C between Main Street 8:00 am to 5:00 pm $1.00 per hour and Pearl Street Monday — Friday 2 hour maximum This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more userfriendly on- street parking in Downtown Buffalo. $1 2 hr Irvin NOTIFICATION SERIAL # 9418 INSTALL NO STANDING ON EAST HURON STREET, NORTH SIDE BETWEEN WASHINGTON STREET AND MAIN STREET NO STANDING - INSTALL in conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD East Huron Street, north side between At all times Washington Street and Main Street This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more user friendly on- street parking in Downtown Buffalo. NOTIFICATION SERIAL # 9419 INSTALL METERED PARKING ON EAST HURON STREET, NORTH SIDE BETWEEN ELLICOTT STREET AND WASHINGTON STREET PERMISSIVE 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 that part of Subdivision 27 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING Metered Parkina Locations Period of Metered Parkina Rate of Metered Parking East Huron Street, north side 2 Hour Parking Rate C between Ellicott Street 8:00 am to 5:00 pm $1.00 per hour and Washington Street Monday — Friday 2 hour maximum This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more userfriendly on- street. parking in Downtown Buffalo. NOTIFICATION SERIAL # 9420 INSTALL METERED PARKING ON EAST HURON STREET, NORTH SIDE BETWEEN A POINT 175' WEST OF OAK STREET AND ELLICOTT STREET PERMISSIVE 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 that part of Subdivision 27 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING Metered Parking Locations Period of Metered Parking Rate of Metered Parking East Huron Street, north side 2 Hour Parking Rate B between a point 175' west of Oak Street8:00 am to 5:00 pm 50perhr and Ellicott Street Monday — Friday 2 hour maximum This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more userfriendly on- street parking in Downtown Buffalo. NOTIFICATION SERIAL # 9421 INSTALL NO STANDING ON EAST HURON STREET, NORTH SIDE BETWEEN OAK STREET AND A POINT 175' WEST THEREFROM NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIB1TED PORTION OF HIGHWAY PROHIBITED PERIOD East Huron Street, north side At all times between Oak Street and a point 175' west therefrom This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more userfriendly on- street parking in Downtown Buffalo. NOTIFICATION SERIAL # 9422 INSTALL NO STANDING ON WEST HURON STREET, SOUTH SIDE BETWEEN DELAWARE AVENUE AND FRANKLIN STREET NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD West Huron Street, south side At all times between Delaware Avenue and Franklin Street This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more userfriendly on- street parking in Downtown Buffalo. NOTIFICATION SERIAL # 9423 INSTALL NO STANDING ON EAST HURON STREET, SOUTH SIDE BETWEEN MAIN STREET AND A POINT 155' EAST THEREFROM NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD East Huron Street, north side between At all times Main Street and a point 155' cast therefrom This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more userfriendly on- street parking in Downtown Buffalo. NOTIFICATION SERIAL # 9424 INSTALL METERED PARKING ON EAST HURON STREET, SOUTH SIDE BETWEEN A POINT 155' EAST OF MAIN STREET AND WASHINGTON STREET PERMISSIVE 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 that part of Subdivision 27 Section 15 of Chapter 479 Of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING Metered Parking, Period of Metered Parking Rate of Metered Parking East Huron Street, south side2 Hour Parking Rate C between a point 155' east of Main Street 8:00 am to 5:00 pm and Washington Street Monday — Friday 2 hour maximum This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide More userfriendly on- street parking in Downtown Buffalo. NOTIFICATION SERIAL # 9425 INSTALL METERED PARKING ON EAST HURON STREET, SOUTH SIDE $1. per BETWEEN WASHINGTON STREET AND ELLICOTT STREET PERMISSIVE 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 A 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 that part of Subdivision 27 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING Metered Parkina Locations Period of Metered Parkina Rate of Metered East Huron Street south side 2 Hour Parking8:00 am to 5:00 pm between Washington Street Monday — Friday Rate C and Ellicott Street$1.00 per hour 2 hour maximum This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more userfriendly on- street parking in Downtown Buffalo. NOTIFICATION SERIAL # 9426 INSTALL METERED PARKING ON EAST HURON STREET, SOUTH SIDE BETWEEN ELLICOTT STREET AND A POINT 110' EAST THEREFROM PERMISSIVE 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 that part of Subdivision 27 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING Metered Parking locations Period of Metered Parking Rate of Metered Parking East Huron Street, South side 2 Hour Parking Rate D between Ellicott Street 8:00 am to 5:00 pm $2.00 per day and a point 1 10' east therefrom Monday — Friday This action is being; taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more userfriendly on- street parking in Downtown Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 20 BGRANT -H. SPAULDING- SYNCHRONIZATION OF TRAFFIC SIGNALS ON MAIN ST. ITEM #92, C.C.P. 05/14/02 The referenced item was sent to this department for comment. Attached, please find a copy of my response to Ms. Spaulding regarding this matter. RECEIVED AND FILED NO. 21 B. GRANT - REQUEST SPLASH PAD - MCCARTHY PARK ITEM #60, C.C.P. 5/28/02 The referenced item was referred to this department for comment. Attached is our response to Councilmember Grant dated May 20, 2002. 1 hope that his responds to the Council inquiry. REFERRED TO THE COMMITTEE ON FINANCE NO. 22 REPORT OF BIDS BURVID LEE RINK RENOVATION TO PARKING LOT I advertised for on May 21, 2002 and received the following sealed formal proposals for the Burvid Ice Rink, Cazenovia Park, Renovation to Parking Lot, which were publicly opened and read on June 5, 2002. Thomann Paving $ 78,900.00 56 Gunnville Rd., Lancaster, NY American Paving & Excavating $ 81,777.00 5880 Thompson Rd., Clarence Ctr, NY Greenauer Blacktop $ 91,165.00 379 French Rd., West Seneca, NY N C Contracting $ 92,250.00 3689 California Rd., Orchard Park, NY Louis Del Prince & Sons $ 94,195.00 580 Cayuga Rd., Cheektowaga, NY Birch Grove Contracting $ 98,700.00 P 0 Box 117, East Aurora, NY Northeast Diversification $102,850.00 #2 Cadby Ind Park, Lancaster, NY Scott Lawn Yard $215,000.00 5552 Townfine Rd., Sanborn, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Thomann Paving, in the amount of Seventy Eight Thousand Nine Hundred and 00/100 Dollars ($78,900.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this project are available in CPF 35320706 445100 Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 6, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Burvid Ice Rink, Cazenovia Park, Renovation to Parking Lot, to Thomann Paving, the lowest responsible bidder, in the amount of $78,900. Funds for the project are available in CPF 3 5320706 445 100 - Buildings. PASSED AYES -13 NOES -0 NO. 23 REPORT OF BIDS JFK COMMUNITY CENTER HVAC UPGRADE I advertised for on May 14, 2002 and received the following sealed formal proposals for JFK Community Center, HVAC Upgrade, which were publicly opened and read on June 4,2002. Base Bid Alt #1 Alt #2 R P Mechanical $164,461.00 $1,864.00 $ 932.00 7165 Genesee Rd Springville, NY 14141 John W. Danforth Co. $257,000.00$4,000.00 $2,000.00 1940 Fillmore Buffalo, NY 14214 Alternate #1 is to add four (4) motion detectors and relays, and remove light switches. I hereby certify that the foregoing is a true and correct statement of all bids received and that R P Mechanical, with a Base Bid of $164,461.00, add Alternate #1 in the amount of $1,864.00, for a total amount of One Hundred Sixty Six Thousand Three Hundred Twenty Five and 00/100 Dollars ($166,325.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this project are available in CPF 36321506 445100 - Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 4, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the JFK Community Center, 1TVAC Upgrade, to R.P. Mechanical, the lowest responsible bidder, with a Base Bid of $164,461.00 add Alternate # I in the amount of $1,964.00 for a total amount of $166,325.00. Funds for the project are available in CPF 36321506 445100 - Buildings. PASSED AYES -13 NOES -0 NO. 24 REPORT OF BIDS REAR EMERGENCY ACCESS PLATFORMS ENGINES 19, 33 AND 34 On June 4, 2002 the City received bids for installing a second means of egress from the second floor at Engines 19, 33 and 34. The work is required by the New York State Department of Labor. The bids received were: The Peyton Barlow Co. $44,200.00 360 Delaware Ave. Buffalo. NY 14202 Nichter Associates $56,700.00 3435 Harlem Rd. Buffalo. NY 14225 Emcom Industries $89,540.00 235 Genesee St. Buffalo, NY 14204 Because the work relates to a life /safety issue, and because the City could be fined by New York State if the work is not completed in a timely fashion, I have declared an emergency and have awarded the bid to The Peyton Barlow Co. Funds for this work are available in Capital Account 36322206 445100 - Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 5, 2002, be received and filed, and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award an emergency contract for Rear Emergency Access Platforms, to The Peyton Barlow Co., the lowest responsible bidder, in the amount of $44,200. Funds for the project are available in Capital Account 3 6322206 445 100 - Buildings. PASSED AYES -13 NOES -0 NO. 25 REPORT OF BIDS RECONSTRUCTION OF RIVERSIDE SENIOR CENTER PARKING LOT, PAVING OF PARK ROADWAYS AND NIAGARA ST. This is to advise your Honorable Body that I have advertised for and received public bids on May 29, 20021 for the Reconstruction of Riverside Senior Center Parking Lot, Paving of Riverside Park Roadways /Mill overlay of Niagara St. from Tonawanda St. to Busti Ave., south bound only. The following bids were received: Contractor 1. Hartford Paving Corp. 3409 Broadway Cheektowaga, NY 14225 $362,068.00 2. Northeast Diversification, Inc. 2 Cadby Industrial Park Lancaster, NY 14086 $379,495.00 3. Destro & Brothers Concrete Company 411 Ludington St. Buffalo, NY 14206 $388,460.00 4. Occhino Corp. 2E150 Seneca St. W. Seneca, NY 14224 $408,092.00 5. Thomann Asphalt Paving Corp. 56 Funnville Rd. Lancaster, NY 14086 $427,195 -00 6. American Paving & Excavating, Inc 5880 Thompson Rd. Clarence Center, NY 14032 $511,455.00 1 hereby certify that the lowest responsible bidder for the above project is Hartford Paving Corp. with a base bid amount of $362,068.00. The engineer's estimate for this work is $466,480.00 and funds Eire available in Capital Project Account #34310606. 1 therefore recommend that Your Honorable Body authorize a contract aware to Hartford Paving Corp. in accordance with their low bid on May 29,2002 in the amount of $398,275.00 ($362,068.00 Base Bid + 10% Unit Price Increase of $36,207.00 equals $398.275.00). Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works., Parks and Streets dated June 6, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Reconstruction of Riverside Senior Center Parking Lot, Paving of Riverside Park Roadways /Mill overlay of Niagara Street from Tonawanda Street to Busti Avenue, to Hartford Paving Corp., the lowest responsible bidder, in the amount of $398,275.00 ($362,068.00 Base Bid +10% Unit Price Increase of $36,207.00 equals $398,275.00). Funds for the project are available in Capital Project Account #' PASSED AYES -13 NOES -0 No. 26 Bid Price - Aud Dasher Boards Allpro Sports Creations Item #68 CCP 5/28/02 As a follow up to the prior item referenced above, please be advised that our department has viewed a bid price of $50.00 per section of dasher boards from Allpro Sports Center. We are submitting this information for your consideration in an effort to resolve this matter. Our department has no objection to the sale of dasher boards on a limited basis. REFERRED TO THE COMMITTEE ON FINANCE NO. 27 Change in Contract Change Order No. I Tree Root Damaged Sidewalks Gr.9561 Sicilia Construction Co., Inc. Contract #92010387 I hereby submit to our Honorable Body the following change in contract for the project referenced above. This work is being done at the request of Councilmember Golombek who has identified CDBG funds to replace tree root damaged sidewalks in the North District. Change Order No. 1 Glor - Military to Austin Clay - Military to Austin Crowley - Niagara to Ontario Contract Unit Item Description Unit Price 02.110 Unclassified Excavation Cu.Yd $25.00 $75,000.00 Contract Summary Original Contract Amount $349,384.20 Change Order No. 1 $75,000.00 Total Contract $424,384.20 1 therefore request that Your Honorable Body approve this change in contract as referenced above and authorize a transfer of CDBG funds in the amount not to exceed $75,000 from CDBG Account #25 -6120 to our Capital Account ;43 53 10806. 1 respectfully certify that this change order is fair and equitable for the work involved. REFERRED TO THE COMMITTEE ON FINANCE No. 28 Easement Request - New Erie County Youth Detention Facility 810 East Ferry St., Buffalo, NY Erie County is moving forward with construction of a new Youth Detention Facility at 810 East Ferry St. Buffalo, NY. I have attached for your information a site plan (AI), which was provided to our department by the project manager for Erie County, Francisco Hidalgo. As shown on the site plan the rear or north portions of the facility will be utilized as an outdoor recreation area consisting of basketball courts and a large grass area. Portions of the outdoor recreation area are on City of Buffalo Property allotted to the Scajaquada Creek Drain and the East Ferry St. Water Tower. Erie County has requested use of these lands for a recreation area and has agreed in principle to provide the City a 12'wide driveway easement for access to the Scajaquada Creek Drain and Water Tower facility. I therefore recommend that Your Honorable Body approve the following: 1) A 12'Wtide easement which encircles the site at 810 East Ferry St. to provide access to the Scajaquada Creek Drain and East Ferry Water Tower. A suggested legal description is attached (A2). 2) A land use agreement between the City of Buffalo and Erie County for portions of the outdoor Recreation area subject to approval by legal counsel (s), Division of Real Estate and with conditions to be established by the City of Buffalo Department of Public Works, Parks and Streets, Buffalo Sewer Authority and the Water Board. Mrs. LoTempio Moved That the above communication from the Commissioner of Public Works, Parks and Streets dated June 6, 2002, be received and filed -, and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to enter into an easement agreement with Erie County for a 12' wide easement which encircles the site at 810 East Ferry Street to provide access to the Scajaquada Creek Drain and East Ferry Water Tower as described on the legal description attached, and he is also authorized to enter into a land use agreement between the City of Buffalo and Erie County for portions of the outdoor recreation area subject to approval by the Corporation Counsel, Division of Real Estate and with conditions to be established by the City of Buffalo Department of Public Works, Parks and Streets, Buffalo Sewer Authority and the Water Board. Passed. AYES -13- NOES -0 No. 29 Erie Basin Marina Lease - Brand -On Services Item 4177, C.C.P. 5/15/02 In the referenced item, Brand -On Services was given authorization to fully operate the Erie Basin Marina. Attached please find a communication from Brand -On's certified public accountant requesting the release of $60,000 of slip rental fees that the City collected, but should have been collected by Brand -On. If the Common Council concurs with this request, please direct the Comptroller to issue payment to Brand -On Services in the amount of $60,000. Mrs. LoTempio moved: That the Comptroller be and he hereby is authorized to release $60,000 of slip rental fees payable to Brand on Services. PASSED AYES - 13 NOES — 0 No. 30 577 Forest Avenue; Expand Existing Sidewalk Cafe I tem No. 137, C.C.P. 04/20/99 Mr. Vasilis Panagropoulos, owner of Plate -Oh's Restaurant, located at 577 Forest Avenue, has requested permission to expand an existing sidewalk cafe (CCP4137 of 04/20/99) to include additional City right of way. The addition would measure approximately 20' in length and extend 6' from the building face into City right of way. The Department of Public Works, Parks & Streets has reviewed this application pursuant to Chapter 413 -59 (Sidewalk Cafes) of the City Ordinances and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If the expansion is approved by the Planning Board and Your Honorable Body the Commissioner will issue a "Mere License" for the installation of the expanded cafe provided all conditions in the original approval (CCP #137 of 04/20/99) are met. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD No. 31 1503 Hertel Avenue Requests Permission to Install Sidewalk Cafe Rosalie Moffeale, owner of LaMarina Restaurant, located at 1503 Hertel Avenue, has requested permission to install a sidewalk cafe which would encroach City right -of -way at said address. The proposed cafe would measure seventeen feet (IT) in length and project eleven feet (11') from the building face into City right -of -way. The Department of Public Works, Parks and Streets has reviewed Ms. Morreale's application pursuant to Chapter 413 -59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner to issue a "'Mere License" for said sidewalk cafe provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services 3. That the sidewalk cafe does not exceed seventeen (IT) feet in length or extend more than eleven feet (I Y) from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right -of -way from November 15 to April I each year. 6. That the applicant be assessed the annual fee of $1.30 per square foot of City right -of -way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD Estimated Estimated Quantity Cost 219 $5,475.00 R05.204 Concrete Sidewalk 4" replace Sq. Ft. $2.30 26,086.96 $60,000.00 12.110 Maintenance & Protection of Lump Sum $3,000.00 100% $3,000.00 Traffic 613.0101 Topsoil Cu. Yd. $37.00 175 $6,475.00 09.812 Water Service Box — Top Each $5.00 10 $50.00 Section, Install /Replace Total $75,000.00 Contract Summary Original Contract Amount $349,384.20 Change Order No. 1 $75,000.00 Total Contract $424,384.20 1 therefore request that Your Honorable Body approve this change in contract as referenced above and authorize a transfer of CDBG funds in the amount not to exceed $75,000 from CDBG Account #25 -6120 to our Capital Account ;43 53 10806. 1 respectfully certify that this change order is fair and equitable for the work involved. REFERRED TO THE COMMITTEE ON FINANCE No. 28 Easement Request - New Erie County Youth Detention Facility 810 East Ferry St., Buffalo, NY Erie County is moving forward with construction of a new Youth Detention Facility at 810 East Ferry St. Buffalo, NY. I have attached for your information a site plan (AI), which was provided to our department by the project manager for Erie County, Francisco Hidalgo. As shown on the site plan the rear or north portions of the facility will be utilized as an outdoor recreation area consisting of basketball courts and a large grass area. Portions of the outdoor recreation area are on City of Buffalo Property allotted to the Scajaquada Creek Drain and the East Ferry St. Water Tower. Erie County has requested use of these lands for a recreation area and has agreed in principle to provide the City a 12'wide driveway easement for access to the Scajaquada Creek Drain and Water Tower facility. I therefore recommend that Your Honorable Body approve the following: 1) A 12'Wtide easement which encircles the site at 810 East Ferry St. to provide access to the Scajaquada Creek Drain and East Ferry Water Tower. A suggested legal description is attached (A2). 2) A land use agreement between the City of Buffalo and Erie County for portions of the outdoor Recreation area subject to approval by legal counsel (s), Division of Real Estate and with conditions to be established by the City of Buffalo Department of Public Works, Parks and Streets, Buffalo Sewer Authority and the Water Board. Mrs. LoTempio Moved That the above communication from the Commissioner of Public Works, Parks and Streets dated June 6, 2002, be received and filed -, and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to enter into an easement agreement with Erie County for a 12' wide easement which encircles the site at 810 East Ferry Street to provide access to the Scajaquada Creek Drain and East Ferry Water Tower as described on the legal description attached, and he is also authorized to enter into a land use agreement between the City of Buffalo and Erie County for portions of the outdoor recreation area subject to approval by the Corporation Counsel, Division of Real Estate and with conditions to be established by the City of Buffalo Department of Public Works, Parks and Streets, Buffalo Sewer Authority and the Water Board. Passed. AYES -13- NOES -0 No. 29 Erie Basin Marina Lease - Brand -On Services Item 4177, C.C.P. 5/15/02 In the referenced item, Brand -On Services was given authorization to fully operate the Erie Basin Marina. Attached please find a communication from Brand -On's certified public accountant requesting the release of $60,000 of slip rental fees that the City collected, but should have been collected by Brand -On. If the Common Council concurs with this request, please direct the Comptroller to issue payment to Brand -On Services in the amount of $60,000. Mrs. LoTempio moved: That the Comptroller be and he hereby is authorized to release $60,000 of slip rental fees payable to Brand on Services. PASSED AYES - 13 NOES — 0 No. 30 577 Forest Avenue; Expand Existing Sidewalk Cafe I tem No. 137, C.C.P. 04/20/99 Mr. Vasilis Panagropoulos, owner of Plate -Oh's Restaurant, located at 577 Forest Avenue, has requested permission to expand an existing sidewalk cafe (CCP4137 of 04/20/99) to include additional City right of way. The addition would measure approximately 20' in length and extend 6' from the building face into City right of way. The Department of Public Works, Parks & Streets has reviewed this application pursuant to Chapter 413 -59 (Sidewalk Cafes) of the City Ordinances and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If the expansion is approved by the Planning Board and Your Honorable Body the Commissioner will issue a "Mere License" for the installation of the expanded cafe provided all conditions in the original approval (CCP #137 of 04/20/99) are met. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD No. 31 1503 Hertel Avenue Requests Permission to Install Sidewalk Cafe Rosalie Moffeale, owner of LaMarina Restaurant, located at 1503 Hertel Avenue, has requested permission to install a sidewalk cafe which would encroach City right -of -way at said address. The proposed cafe would measure seventeen feet (IT) in length and project eleven feet (11') from the building face into City right -of -way. The Department of Public Works, Parks and Streets has reviewed Ms. Morreale's application pursuant to Chapter 413 -59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner to issue a "'Mere License" for said sidewalk cafe provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services 3. That the sidewalk cafe does not exceed seventeen (IT) feet in length or extend more than eleven feet (I Y) from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right -of -way from November 15 to April I each year. 6. That the applicant be assessed the annual fee of $1.30 per square foot of City right -of -way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD No. 32 64 West Chippewa Street Requests Permission to Install Sidewalk Cafe Mr. Raridell Bcnderson, of Benderson Development Company, acting as agent for the Shaker Lounge, located at 64 West Chippewa Street, has requested permission to install a sidewalk cafe which would encroach City right -of -way at said address. The proposed cafe would measure fifty -three feet (53') in length and project eight feet (6) from the building face into City right -of -way. The Department of Public Works, Parks and Streets has reviewed Mr. Benderson's application pursuant to Chapter 413 -59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner to issue a "Mere License" for said sidewalk cafe provided the following conditions are met: 1 . That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the sidewalk cafe does not exceed fifty -three (53') feet in length or extend more than eight feet (6) from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right -of -way from November 15 to April I each year. 6. That the applicant be assessed the annual fee of $1.30 per square foot of City right -of -way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. Mrs. LoTempio Moved: That the above communication from the Department of Public Works, Parks and Streets dated June 5, 2002, be received and filed- and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Mr., Randell Benderson, of Benderson Development Company, acting as agent for the Shaker Lounge, located at 64'Nest Chippewa Street, to install a sidewalk cafe, which would encroach city right -of -way at said address, subject to the conditions as listed above. Passed. AYES -13- NOES -0 No. 33 783 Elmwood Avenue Sidewalk Cafe Within Right of Way Mr. Peter Piotrowski, the new owner of Manhattan Bagel, located at 783 Elmwood Avenue, has requested permission to install a sidewalk cafe within City right of way at said address. Manhattan Bagel was previously approved to install a sidewalk cafe (CCP #111 of 07/17/90) at this location. The Department of Public Works, Parks and Streets has no objection to Your Honorable Body authorizing the Commissioner to issue a "Mere License" to the new owner provided all conditions listed in the original approval are met. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD No. 34 3 160 Main Street Sidewalk Cafe Within Right of Way Item No. 28 C.C.P.02/03/98 Mr. Jeremy Kornbluth, the new owner of Stimulance Cafe, located at 3160 Main Street, has requested permission to install a sidewalk cafe within City right of way at said address. Stimulance Cafe was previously approved to install a sidewalk cafe (CCP #28 of 02/03/98) at this location. The Department of Public Works, Parks and Streets has no objection to Your Honorable Body authorizing the Commissioner to issue a "Mere License" to the new owner provided all conditions listed in the original approval are met. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD No. 35 Park Improvements in the Masten District Item 435, C.C.P. 5/14/02 The referenced item was sent to this office for comment. We have estimated the work requested in Councilmember Thompson's communication as follows: Martin Luther Park Splash Pad 900,000 Repair water & sewer lines at Greenhouse 30,000 Replace plaza pavement & walks at King Memorial 60,000 Resurface basketball courts 50,000 Replace backboards on two courts 18,000 Install two new basketball courts with bleachers 120,000 TOTAL MILK PARK $1,178,000 Billy Johnson Park Remove graffiti on play equipment $ 2,000 New park sign 2,000 Replace swings & slides 15,000 TOTAL BILLY JOHNSON PARK $19,000 Trinidad Park Replace play equipment $ 50,000 Remove graffiti 3,000 Renovations to park building 50,000 Wading Pool improvements 20,000 TOTAL TRINIDAD PARK 123,000 Perkins Park Resurface courts and replace backboards 42,000 Building restoration 50,000 TOTAL PERKINS PARK $ 92,000 Dewey Playground Replace park fencing 37,000 Replace sidewalks 24,000 Reestablish baseball diamond 40,000 Repair basketball courts & replace backboards 18,000 Repair tennis courts 12,000 Replace play equipment 50,000 Replace bleachers 8,000 New picnic tables & grills 5,000 Building restoration 50,000 TOTAL DEWEY PLAYGROUNDS 244,000 Roberson Park Expand field, players benches, fencing 15,000 Sidewalks 17,000 Play equipment 45,000 Relocate basketball courts 60,000 Building reconstruction 27,000 TOTAL ROBERSON PARK $ 164,000 Glenny Park Restore football field 50,000 Restore lawns and baseball field 65,000 Sidewalks and driveways 13,000 TOTAL GLENNY PARK 128,000 TOTAL MASTEN DISTRICT PARKS REQUEST $1,948,000 At the present time, we have approximately $300,000 in funding towards the MLK Park Splash Pad. We are also preparing bids for the Roberson football field expansion, and the Glenny Park restoration. These projects will be funded through the Citywide Parks and Playground Capital Project Account. Due to the Comptroller's limit on capital spending, only $1 million was sold for park and playground projects this year. That money has already been obligated to other projects. I hope that this information is beneficial to the Council. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 36 Permission to Hire Consultant City Hall Exterior Condition Inspection Permission is hereby requested from Your Honorable Body to hire a consultant to perform an exterior condition inspection of City Hall. During a recent wind storm, several fist size pieces of sandstone were found on the ground around the building. The inspection is intended to determine if this is a one -time occurrence or if there are structural problems that need to be addressed. Funds for this work are available in the Division of Buildings' Capital Account. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 29, 2002 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant to perform an exterior condition inspection of City Hall. Funds for this project are available in the Division of Buildings' Capital Account. Passed. AYES -13- NOES -0 FROM THE COMMISSIONER OF POLICE No. 37 "Conduct Public Hearing Chippewa St. Entertainment Dist Promotion (Hrg. 5/21)" #167 C.C.P. May 14,2002: In response to "Conduct Public Hearing Chippewa Street Entertainment Dist Promotion (Hrg 5/21)" ( #167 C.C.P. May 14, 2002), please be advised that a representative from the Buffalo Police Department will be in attendance at the public hearing as scheduled, to comment on the issue. RECEIVED AND FILED NO. 38 "N. Eckert - Concerns - 182 Garner Avenue" #87 C.C.P. May 14,2002 Please be advised that a query was conducted of 911 calls for service to 182 Garner Street for the past two calendar years. The query disclosed that during this time period there were a total of (6) 911 calls to said location. It should also be noted that there have been (0) calls for service since July 18, 2001. REFERRED TO THE COMMITTEE ON LEGISLATION a :IQ LVi& I.I =11115fieLrihri11.1-11 1*] 0 1 14:01 a y I N 0 No. 39 Return from Leave of absence Be advised that Jay Jordan has returned from his unpaid Military Leave of Absence from his permanent position as Firefighter with the Buffalo Fire Department as of June 3, 2002 RECEIVED AND FILED No. 40 Trade in old Fire Pumper F -212 and Aerial Ladders F -400 F -401 on a new Aerial Ladder As per bid on May 30, 2002 from Pierce Manufacturing & Churchville Fire Equip. Company for one 105' Aerial Ladder. Vehicles F -400 & F -401 & F -212 have been out of service for (3) years. The trade -in price is $2,000 for F -400, $2,000 for F -401 and $2,500 for F -212. These are 1985 Peter Pirsch Ladder Tiller trucks with 71,000 miles, and Peter Pirsch is no longer in business. F -212 is a 1980 Mack Pumper with over 100,000 miles. We only received $500 /each at our last auction for Ladders and $1,500 for pumpers. I, James Durhan -4 Superintendent of Apparatus, feel this is the best way to get rid of our old trucks. The price of the new Ladder will be reduced by $6,500. Mrs. LoTempio Moved: That the above communication from the Department of Fire dated June 2002, be received and filed; and That the Commissioner of Fire be, and he hereby is authorized to trade -in the above mentioned vehicles for a total of $6,500.00 to be applied for the purchase of a new Ladder. Passed. No. 41 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE: June 2, 2002 IN THE DEPARTMENT OF: Fire TO THE POSITION OF: Fire Alarm Dispatcher permanent Promotion at the: flat Starting salary of: $58,204 Marvin Jones 289 Pratt Street Buffalo 14204 REFERRED TO THE COMMITTEE ON CIVIL SERVICE a :16 ] L r i l r 9: I=11115 K e 7 :1061: T A 11610 No. 42 Living Wage Ordinance I would like to request that the Common Council schedule an Executive Session with the Law Department so that we may provide advice and counsel regarding the Living Wage Ordinance. As you are aware, the City is currently engaged in litigation regarding the ordinance and the Council needs to be apprised of the case. REFERRED TO THE COMMITTEE ON BUDGET FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 43 Second Hand Dealer 1928 South Park 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 1928 South Park and rind that as to form it is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Richard Guard. The attached thereto for Richard Guard d /b /a Penny Wise. This request is submitted for your approval or whatever action you deem appropriate., REFERRED TO THE COMMITTEE ON LEGISLATION NO. 44 Used Car Dealer 1270 Bailey Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attach application for a Used Car Dealer License located 1270 Bailey and find 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 a according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I rind complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Charles Milton. The attached thereto for Charles Milton d1b /a Premier Auto. TI 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 May 30, 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 Charles Milton d /b /a Premier Auto, located at 1270 Bailey Avenue with the condition that the lot have a five (5) car limit. Passed. AYES -13- NOES -0 No. 45 Used Car Dealer 779 Genesee 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 779 Genesee 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 Shlaine Freeland. The attached thereto for Shlaine Freeland d /b /a First Klass Muffler & Brake Inc. 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 June 3, 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 Shlaine Freeland d /b /a First Klass Muffler & Brake Inc., located at 779 Genesee Street. Passed. AYES -13- NOES -0 No. 46 Used Car Dealer 25 Myrtle 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 25 Myrtle and rind 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 find ii complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of James Sandoro. The attached thereto for James Sandoro d /b /a Arrow Motor Car. 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 May 30, 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 James Sandoro d /b /a Arrow Motor Car, located at 25 Myrtle. Passed. AYES -13- NOES -0 FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 47 GENERAL FUND GAP SHEET THIRD QUARTER 2001 -02 Under this cover please find the City's General Fund Gap Sheet for the third quarter of Fiscal Year 2001 -02. This gap sheet contains not only an estimate of year -end results but also an estimate of the impact of current trends and other factors on the 200203 Fiscal Year. The gap sheet projects a negative result of operations of $6.631 million for the current year inclusive of the snowstorm costs and after appropriating $2.7 million of the $9.7 million unreserved, undesignated 2000 -01 fund balance. This third quarter projection is an improvement of $2.315 million from the second quarter. The third quarter gap is further reduced by assuming an arbitration award for Police and Fire of zero percent for 2000 -0 1. If this assumption proves correct, the gap for 2001 -02 is projected at $3.033 million. We have left back accumulated fund balance in this amount after accounting for the impact of the arbitration assumption on 2000 -01 h2bilities. For the 2002 -03 Fiscal Year, the budget office is currently projecting a balanced budget. Next fiscal year's projection is simply the budget that was passed by the Common Council on May 22, 2002. At this time, there is no reason to assume any changes since it would be mere speculation. The administration hopes this gap sheet informs the Council on the current state of city finances. As always, I am available to meet with the Council Budget Committee to discuss this document and any other items relating to the city's financial outlook. I look forward to working with the Council over the remainder of the current fiscal year and on the implementation of the 2002 -03 Budget. REFERRED TO THE COMMITTEE ON BUDGET NO. 48 SALE OF OBSOLETE EQUIPMENT/VEHICLES The Department of Administration & Finance, Purchase Division is requesting permission from your Honorable Body to dispose of by means of Auction various obsolete pieces of equipment and vehicles that are no longer of use or serviceable. The equipment /vehicles is from various departments throughout the City (Police; Public Works; etc ... ). The auction will be held during the month of July. The date is to be determined. Mrs. LoTempio moved: That the above communication from the Commissioner of Administration & Finance dated May 31, 2002, be received and filed, and That the Division of Purchase be, and hereby is authorized to auction various obsolete pieces of equipment and vehicles that are no longer of use or serviceable. PASSED AYES -13 NOES -0 FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 49 CLAIM OF LARRY ( DONALD, JAMES) HILL E: CITY LAW DEPT FILE NO 659 -00 ITEM NO 62 C.C.P 05/28/2002 The Law Department requested that this office reply to Ms. Gray's letter o May 21,2002. This claim was originally filed under the name of Donald Hill and the Date of Loss is 12/28/2000. On 03/26/2002 1 had a telephone conversation with a man who identified himself as James Hill. James Hill stated that the vehicle in question was registered in his brother's name explained to James Hill that I was unable to pay the claim from the City of Buffalo's Self Insured Auto Liability Account as we were not able to verify the City's liability. Mr. Hill, was, and is still unable to supply us with the City vehicle which he feels struck his car. Mr. Hill states in his claim that he discovered the cracked mirror when he went to clean the snow from his car. In his letter to Councilmember Gray, Mr. Hill states "This occurred in the late to early hours while I was asleep. Given this set of circumstances I cannot find any liability on behalf of the City of Buffalo which would enable me to pay this claim from the City's Self insured Auto Liability Account, which this office administers. Respectfully submitted by: David J. Gannon REFERRED TO THE COMMITTEE ON CLAIMS FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 50 BERC'S 2001 -2002 ANNUAL REPORT AND WORK PLAN Please find enclosed a copy of BERC's 2001 -2002 Annual Report and Work Plan. It represents a thorough presentation of BERC's initiatives and accomplishments over the last year. As you can see in the report, BERC has been guided by a specific work plan that requires accountability and strict adherence to performance measures. You can be the judge of our performance but almost all of our goals were met or exceeded. With all of the discussion regarding the consolidation of economic development agencies, we thought this document may serve you as a basis for those discussions in the days ahead. It also may serve to cut through the rhetoric and provide you with "factual" information about BERC and its activities. I look forward to discussing these results with you at your convenience. Thank you for your assistance. The staff at BERC looks forward to working with you this year. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY CLERK NO. 51 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 389 Forest Bada BingDaloisio Enterprises 681 Main Street Sphere Entertainment Joseph Guagliardo 54 W. Chippewa St Calumet Mark Goldman 70 West Chippewa Chippewa Entertainment ctr Chippewa Ent Grouip 643 Main St Bijou Grille Mcm Tropheys Inc RECEIVED AND FILED NO. 52 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay.. in the various departments as listed: X Public Works, Streets & Parks- Raymond Canfield, Holly Mcnamara X Fire- James Otwell X Community Services- Mary Tomporowski RECEIVED AND FILED NO. 53 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. 54 APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RE'CEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment Effective May 28,2002 in the Department of Executive Division of Mayor to the Position of Intern VI, Seasonal, Non - Competitive at the Flat Starting Salary of $10.00 /hr Meredith Beck, 536 Auburn Ave., Buffalo, NY 14222 NO. 55 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment Effective June 10,2002 in the Department of Assessment and Taxation to the Position of Clerk — Seasonal Appointment at the Flat Starting Salary of $8.00 /hour Keiattiaye Chinn, 249 Hoyt Street, Buffalo, NY 14213 CERTIFICATE OF APPOINTMENT Appointment Effective: May 24,2002 in the Department of Public Works, Parks Streets, Division of Parks to the Position of Fee Collector, Seasonal Appointment at the Flat Starting Salary of $5.15/ Jerome Kuwik, 2317 Bailey, Buffalo 14222 CERTIFICATE OF APPOINTMENT Appointment Effective: May 27. 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II, Seasonal Non - Competitive at the Flat Starting Salary of $8.15/hr Christopher M. Sniezak, 15 Mt Vernon, Buffalo, NY 14210 CERTIFICATE OF APPOINTMENT Appointment Effective May 29, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal. Laborer II, Seasonal, Non - Competitive at the Flat Starting Salary of $ 8. 15 /hr Jonathan P. Ort, 23 Hansen Avenue, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective: May 31,2002 in the Department of Public Works, Parks, Streets, Division of Parks to the Position of Laborer I I Seasonal, Non competitive at the Flat Starting Salary of $ 8.15/hr Steven Allen, 727 Parkside, Buffalo 14216 CERTIFICATE OF APPOINTMENT Appointment Effective: May 31,2002 in the Department of Public Works, Parks, Streets, Division of Recreation to the Position of Laborer II Seasonal, Non competitive at the Flat Starting Salary of $ 8.15/hr Gary Augustiniak, 302 Kensington, Buffalo, NY 14214 Brandon Banas, 228 Esser, Buffalo, 14207 Brian Carr, 160 Tuscarora, Buffalo, NY 14220 Jeffrey Logal, 55 Virgil, Buffalo 14216 Kevin O'neil, 866 Abbott Road, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment Effective: June 3, 2002 in the Department of, Public Works of Parks and Streets, Division of Streets to the Position of Seasonal Laborer II, Seasonal Non - Competitive at the Flat Starting Salary of: $ 8.15/hr Thomas R. McFarlane, 38 Eaglewood Avenue, Buffalo, NY 14220 NO. 56 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: May 30, 2002 in the Department of Community Services, Division of Contract Administration to the Position of Attendant, Temporary As Required at the Flat Starting Salary of $ 6.00 p /hr Rita Carluccio, 67 Wescott, Buffalo, NY, 14210 CERTIFICATE OF APPOINTMENT Appointment Effective: May 28, 2002 in the Department of Community Services, Division of Contract Administration to the Position of Attendant, Temporary As Required at the Flat Starting Salary of $ 6.00 p /hr Anthony Adams, 23 E. Woodlawn, Buffalo 14211 Leah Watford, 167 W. Humboldt Apt 402, Buffalo 14214 CERTIFICATE OF APPOINTMENT Appointment Effective May 27, 2002 in the Department of Police to the Position of Crossing Guard Temporary Non - Competitve at the minimum Starting Salary of $ 7 .09 Anna D. Leonard, 256 Hill St., Buffalo , NY 14214 Michelle Williams, 98 Hastings Ave. Buffalo, NY 14215 Jamie L. Cornman, 122 Brinton St., Buffalo, NY 14214 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 57 NEW YORK STATE DEPARTMENT OF TRANSPORTATION DESIGNATION OF RESTRICTED HIGHWAY Pursuant to Section 104a of the Highway Law the following described highway: Sign replacements on portions of: Routes 1 290; 1 190 to New York 324 New York 263; 1 290 to North Forest Road New York 400 @ U.S. 20 / N. Y. 78 Interchange New York 5; Ridge Road to Buffalo Skyway Kensington Avenue @ New York 5 (Main Street) In the City of Buffalo, Towns of Amherst, Tonawanda and West Seneca, in Erie County which is being reconstructed under Contract No. D258920 is hereby designated as a Restricted Highway. Designation of restricted highway shall expire on March 31, 2003. Pursuant to Section 1625 of the Vehicle and Traffic Law all movement of vehicles, persons or animals on such highway is he restricted and regulated in accordance with the determination of the Commissioner of Transportation as evidenced by posted signs, sign barriers placed along said highway and /or by directions by an authorized representative of the Commissioner of Transportation. Any action taken by the Commissioner of Transportation pursuant to Section 1625 of the Vehicle and Traffic Law shall supersede other provisions of the Vehicle and Traffic Law where inconsistent or in conflict with respect to the following enumerated subjects: 1 . Establishment of maximum and minimum speed limits at which vehicles may proceed along any such restricted highway 2. Weights and dimensions of vehicles. 3. Use of such restricted highway by pedestrians, equestrians, and animals. 4. Parking, standing, stopping and backing of vehicles. 5. Control of persons and equipment engaged in work on such highway. The provisions of the Vehicle and Traffic Law with respect to registration shall not apply to vehicles and equipment engaged in w on such restricted highways. When used on such restricted highways, all traffic control devices shall be considered as official traffic control devices and shall conform to the manual and specifications for a uniform system of traffic control devices adopted by the Department of Transportation. RECEIVED AND FILED NO. 58 BROADWAY MARKET - CHANGES TO BY LAWS BROADWAY MARKET MANAGEMENT CORP Enclosed are the recommended changes of the by -laws of the Broadway Market Management Corporation, which was approved by the Board of Directors at their meeting of May 3 0, 2002. These by -laws have been given to David Franczyk for his review and submission to the Common Council. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 59 R. CANNON - COMMENTS REAPPORTIONMENT Dear George Arthur: I thank you and the others that are on the committee. You have a hard job in front of you. I will pray that you make the right decision concerning our GREAT CITY OF BUFFALO. I know you will. I am sorry if I was out of line on some comments, like cut the money of the BIG SHOTS. Maybe you should. REFERRED TO THE SPECIAL COMMITTEE ON REAPPORTIONMENT NO. 60 R. FONTANA -D. BROOKS - CONCERNS - INCIDENT 55 HAGEN ST Dear Mr. Michaux -, Please place this letter on the Common Council agenda for our next meeting. If there are any questions please feel free to contact my office. Attached letter available for review in the City Clerk's Office REFERRED TO THE CITIZENS RIGHTS AND COMMUNITY SERVICES COMMISSION, THE COMMISSIONER OF POLICE AND THE CORPORATION COUNSEL NO. 61 OPEN HOUSE The U.S. Fish and Wildlife Service (USFWS) Lower Great Lakes Fishery Resources Complex and Division of Law Enforcement would like to invite you and members of your organization to our 2 n1 Annual OPEN HOUSE on July 26 -27, 2002 at our Amherst, New York office. It is our hope that through this open house, we will establish new partnerships and strengthen existing relationships fostering better collaboration and stewardship for the Lower Great Lakes ecosystem. The Lower Great Lakes Fishery Resources Office ( LGLFRO) seeks to provide quality technical assistance to resource management agencies and the public for the protection, restoration, and enhancement of natural resources in the Lower Great Lakes. The LGLFRO also supervises the activities of the Allegheny National Fish Hatchery (ANFH) in Warren, Pennsylvania, which produces lake trout for our restoration program. Special Agents and Wildlife Inspectors, from our Division of Law Enforcement, enforce federal laws to protect and conserve wildlife resources, including endangered species and migratory birds. The U.S. Fish and Wildlife Service recognizes the value and necessity of partnerships, and hopes that by working together, we can improve the health and diversity of fish and wildlife and their habitats in the lower Great Lakes. We look forward to sharing this opportunity with you and encourage you to participate in this family - friendly experience. Also, we encourage you to post or distribute the announcement to friends, family, staff, or organization members. For more information and directions to the LGLFRO, please refer to the enclosed announcement and feel free to contact Dan deRoos, Fish and Wildlife Biologist, at (716) 691 -5456 ext. 24, or Gwen Warren, Administrative Assistant, at (716) 691 -5456 ext. 34. RECEIVED AND FILED NO. 62 J. GOLOMBEK.- 2000 CENSUS POPULATION BY BLOCK Attached available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON REAPPORTIONMENT No. 63 Haz. Tree 10 Phyllis Please file the enclosed correspondence for Tuesday, June 11, 2002 Common Council Meeting. Thank you for your attention to this matter. This letter is in reference to our recent conversation regarding the tree that is in front of our home. Based upon observing the tree over the past 23 years as it is situated directly in front of our home, we have witnessed large tree limbs falling on a regular basis. The tree is in extremely hazardous condition. In our personal opinion, the tree is dead. These falling tree have put residents, pedestrians and private property at risk. We are asking that this tree be removed at once before the City of Buffalo is found liable for damages and or injuries that potentially could anise from the falling limbs. Please contact us at the number above if you have ANY questions. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER F PUBLIC WORKS NO. 64 E. Gayles Residency Policy Bd of Ed Please file the following item with the Buffalo Common Council for the next full council meeting to be held Tuesday, June 11, 2002. POLICY It shall be the policy of the Buffalo Board of Education to require employees hired on or after the effective date of this policy to be or become residents domiciled within the City of Buffalo, and to maintain such residency within the City throughout their employment by the Board. REGULATIONS 1. This policy shall not apply to any of the following Board of Education employees hired on or before January 1, 1995: (a) first -time Board employees to a temporary or probationary assignment to an instructional or administrative position or (b) (b) rehired Board employees to a temporary or probationary assignment to an instructional or administrative position. Provided, that the temporary employee remains In continuous service with the Board for a minimum of 160 days per year, 2.Subsequent to January 1, 1995, but prior to and including June 10 1998, (a) first -time Board employees to a temporary or probationary assignment to an instructional or administrative position or (b) rehired Board employees to a temporary or probationary assignment to an instructional or administrative position (including promotions) shall either (a) be residents of the City of Buffalo at the time of appointment and maintain such residency throughout their employment with the Board or (b) agree, as a qualification condition precedent -to employment that they establish such residency within six months of a permanent appointment and maintain such residency within the City of Buffalo throughout their employment with the Board. 3. Every person hired or rehired by the Board to a probationary appointment in an instructional or administrative job title (excluding promotions) subsequent to June 10 shall either (a) be residents of the City of Buffalo at the time of appointment and maintain such residency throughout their employment with the Board or (b) (b) agree, as a qualification- condition precedent -to employment that they establish such residency within six months of appointment and maintain residency within the City of Buffalo throughout their employment with the Board. apply as a condition of continued employment should the impeding requirement be removed. The Superintendent shall be authorized to review the special situation that might arise when no person, who meets the job requirements of a position to be filled, can meet or satisfy the residency requirement and to recommend a temporary appointment that varies from this regulation, provided that such an appointment shall be reexamined by the Board after two years. 14.Effective Date: January 1, 1995 Amended Effective: June 10,1998 REFERRED TO THE COMMITTEE ON EDUCATION No. 66 B. Grant — A. Masiello Sale of Main Place Pkg. Ramp I am writing with respect to the issue of the sale of Main Place parking ramp. I have several concerns about the potential disadvantages of a sale. I will try to outline them, and if you wish to talk further, I would be happy to do so. First, and as has been discussed, the actual amount of money that would be received from a sale is far less than it would appear. At a proposed sale price of $5.5 million, after payment of the $3,392,180 in outstanding reconstruction debt on the ramp, the City would only "net" $2,107,820 from the sale. Second, as you know, our parking ramps are operated as a system, with system revenues paying system expenses; thus ramps that produce more operating revenue support those that produce less. The Main Place Ramp, produces operating revenues of approximately 750,000 per year; while reconstruction debt is outstanding, those revenues support the principal and interest costs of the debt. Once the debt is paid off, however (2007), that $750,000 can be used to support other costs in the system. As You are aware, the City has authorized two new ramp construction projects. The revenue from the Main Place ramp could be used to support future debt service payments on those or other capital improvements to the system. Without that revenue stream, other system revenues would need to be sought for that purpose, more than likely requiring an increase in rates system wide. Our philosophy has been to try to run the ramps at the lowest rates possible while still keeping -them self sufficient. Thus, I would be concerned about anything that might require a rate increase in the future; it could compromise our ability to attract and retain tenants downtown. Third, the use of a one -time revenue to support ongoing expenses in the general fund budget would not be viewed favorably by the investment community and the rating agencies. As you know, we have pledged to keep our budget structurally balanced in order to maintain the confidence of the rating agencies that we avoid a downgrade. This is critical. A one shot would likely give them great concern. And what would we use the following year to pay those expenses? Fourth, as is mentioned in today's News, we are concerned that any apparent source of cash would be factored immediately into the police arbitration award that is currently unresolved. If the arbitrator assumes the funds can pay salary increases, and the Council were to spend it on operating expenses, the funds would tie spent twice in addition to causing concern on Wall Street. Last, there are a number of policy - related concerns that I have that arise from allowing the private control of those spaces. Would some tenants be pushed out of the ramp? What about events that require large amounts of public parking? We might end up having to add spaces that the system pays for through rate increases in order to mitigate the effects of the private control of formerly public spaces. We struggle now with the price and supply effects of the lots downtown on our ramps. In answer to your hearing that there may be a willingness to increase the purchase price, I have not heard anything to that effect from Mr. Hotung. I was under the impression that the debate about future capital repairs he might need to make at the ramp, would cause him not to look at a higher price. In any event, I am not sure that an increase in price would lessen my concerns, but I would always be willing to listen. In sum, I am very pleased with the work we have done -with your help -to lower rates and decrease vacancy in the downtown ramps. While there will always be issues in parking, I am concerned that the potential negative effects on the system and the downtown real estate community, as well as the concerns a one shot would raise on Wall Street, may outweigh the benefit of the funds received from a, sale. I hope this answers your questions. I would of course be willing to talk further should you so desire. REFERRED TO THE COMMITTEE ON FINANCE NO. 66 Joint Schools Construction Board Contracts We enclose herewith for filing with your office copies of the following Agreements entered into by the joint Schools Construction Board: 1 . Agreement with County of Erie; 2. Agreement with Douglas R. Francis; 3. Agreement with Buffalo Urban League; 4. Agreement with Damon & Morey; 5. Agreement with Hawkins, Delafield & Wood; and 6. Agreement with Public Financial Management. REFERRED TO THE COMMITTEE ON EDUCATION NO. 67 COMMENTS Reapportionment I am writing on behalf of the Bird Avenue Block Club (west of Richmond) to express my feelings regarding reapportionment of the city, which I wholeheartedly support. However, my neighborhood is slated to be broken up out of the North District to merge with the Niagara District. You have been an excellent support to our block club and we have made strides against slumlords, noise, and other things that bring a neighborhood down. I am writing to keep my neighborhood in your district. Our neighbors, the Baynes and Abbotsford block clubs, feel much the same, as we have all worked together and would hate to lose this relationship with our councilperson. We fear that transferal to another district will require us to start from ground zero just to get back to the place we're at. Perhaps there is another neighborhood that does not have close ties with its councilperson that could be moved to Niagara from North. Thank you for considering this letter, and please keep our neighborhood in the North District. REFERRED TO THE SPECIAL COMMITTEE ON REAPPORTIONMENT NO. 68 J.MUDIE CWA COMMENTS ADELPHIA This letter is to inform you about the problems we are having with Adelphia Communications. Vie don't wish this letter to sound like we are piling on to Adelphia's problems, so let us include this time line. In August of 2001 we were contacted by a group of Outside Direct Sales people at Adelphia about forming a Union, in November we won an election to represent said employees and began bargaining in January of 2002. All throughout the campaign to organize, these employees were subject to an inordinate Anti Union campaign that included the threat of strikes the companies refusal to bargain and the removal of tile status quo. While this was going on Adelphia was telling the City, County, and the State how "Community Minded and Family Oriented They Were." Since bargaining began Adelphia's appointed labor relations person has made good oil those threats, by refusing to bargain fairly changing the status quo and harassing our members. Needless to say we have many grievances and several board charges filed against the company. We are hoping with the changes in leadership, the companies attitude toward its employees who exercise their right to self organize will improve. This letter is not to plea for help nor is it intended to sound like sour grapes, as a Union we feel can hold our own in this community. We are merely trying to inform you as to how Anti -Union this company has been. What we are seeking is more awareness on your part in the future. If Adelphia survives or another company takes over we hope we can count on your support in insuring that workers rights are respected and the citizens of this community are afforded dignity on the job. REFERRED TO THE SPECIAL COMITTEE ON TELECOMMUNICATIONS AND THE OFFICE OF TELECOMMUNCATIONS NO. 69 COMPLAINTS 134 DEWEY AVE The New York State Liquor Authority's Buffalo office is in receipt of your letter of May 29, 2002. (A Copy is attached for your reference.) As Executive Officer, I am the supervisor of the Licensing Bureau. As such, I do not handle these kind of matters directly myself. I am turning this matter over to the Supervising Investigator of the Enforcement Bureau, Thomas Cocker, who will review this complaint, and determine what action, if any, will be taken by the Enforcement Bureau. Mr. Cocker can be reached at 847 -3039. The undersigned notes that nowhere in Mr. Campfield's letter does it indicate how to contact him directly for follow -up information that may be relative to investigating this complaint. If you have this information, please forward it to Mr. Cocker as soon as possible. Thank you for your concerns regarding this premises. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 70 J. Popiela -Use 1119 William - Pole Sign The attached is for Common Council Approval; but per Section 387 -19, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, THE DIRECTOR OF STRATEGIC PLANNING, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL NO. 71 COMMENTS REAPPORTIONMENT I wish to thank you for allowing me to continue speaking at yesterday's meeting, when it seemed I was not wanting to speak to what was germane. Being as it is the economic crisis, which is so adversely affecting SO many in our city, it is the economics which needs to be addressed. As I mentioned, Japan suffered psychological, moral, and financial devastation when two atomic bombs destroyed two cities. W. Edwards Deming put Japan back on its feet by following guidelines found, in among others, his book The New Economics. In brief, the method is, 1) Cut the dividends, cut some out, (freebies, perks) completely 2) reduce salaries and bonuses of top management 3) further reductions for top management 4)rank and file asked to help out, people who can take early retirement, do so now 5)a cut in pay for all, but nobody loses a job. Please do consider these measures. They worked to put a whole country back on its feet, they could do the same for the city of good neighbors. Thank You. RECEIVED AND FILED NO. 72 Contractor Payment Schedule I am writing this letter on behalf of the Black Chamber of Commerce President, Lumon Ross. Mr. Ross is requesting that you review the status of the 15 day payment schedule for contractors /subcontractors for the City of Buffalo. It was our understanding that this item was ready to be approved and we have been informed that it is sifting in committee. The participation of small businesses and black contractors on this large project can be helped tremendously with a guaranteed 15 day payment schedule. Small contractors do not have the cash flow to float payroll and creditors for long periods of time. We are looking to you for support on this issue as a means to eliminate yet another form of discrimination from economic development for the businesses and residents of our community. Thank you for any support you can give to this matter. REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE NO. 73 P. WEINMANN BETH JACOB CEMETERY Please file the enclosed document with the City Council for the next Council Meeting dated June 11, 2002. If you have any questions, please do not hesitate to contact my office at (716) 851 -5145 This letter is in response to your call to me requesting information in preparation for your proposed legislation concerning Concordia and Beth Jacob Cemeteries, As I indicated, I needed several weeks before I responded, as our legal papers were moving through the court system. Here, then, is a status report, bearing in mind that the en- closed two newspaper articles succinctly provide background material. This month, title to the Beth Jacob Cemetery has been transferred to the Jewish Federation Cemetery Corporation. What this means is that after approximately forty years of neglect and vandalism, there is now! a legal entity both authorized and financially capable of contracting for regular maintenance, i.e. summer grass cutting. Left unaddressed, because that corporation has very limited funds, is (a) capitol funds for adequate fencing around the perimeter; and; , (b) access and egress either from adjacent Concordia Cemetery or dead -end street Lansdale Place, which has burned -out street lights and four empty lots now used for illegal dumping, in addition to the illegal dumping in the cemetery. On October 11, 2001, 1 met with Barb Kavanaugh, Supervising Attorney for the Attorney General's office in Western New York, Richard Fischman, New York State Director of the Division of Cemeteries, Mayor Anthony Masiello and other aides, at the Mayor's office, Mr. Fischman offered $150,000 to cover only capitol improvements (i.e., fencing and gravestone repair) to both cemeteries, on the condition that the City assume title to Concordia (victimized by embezzlement) and assume regular maintenance (summer grass cutting). Concordiail it must be rioted, still has tens of thousands of dollars in a trust account supervised by the Division of Cemeteries, and a $150,000 restitution lien against the embezzle'. If the City accepts title, then these funds naturally would go to the City. The Mayor approved Mr. Fischman's proposal. However, during the next several weeks, the City's fiscal crisis became public, and so there has been no movement from the City since then to effectuate the plan. Apart from your potential efforts, our organization intends to meet with County officials soon to assess whether they are amenable to the State's offer, as it makes no difference to the Division of Cemeteries which local government assumes title to Concordia, I hope this assists you in your efforts - - I will call you during the next several weeks to talk further. REFERRED TO THE COMMITTEE ON LEGISLATION NO 74 Buffalo City Taxi Meter Increase Proposal On March 28, 2002, Airport Taxi hosted a meeting of concerned taxicab companies and a few independent owner operators who own or represent a vast majority of the Buffalo City taxi licenses. The companies in attendance at this meeting were: Airport Taxi Broadway Taxi, Liberty Taxi, Fillmore Taxi, Cold Springs Taxi, Kenmore Taxi, and Central Dispatch Taxi formally known as South Buffalo Taxi. Collectively we provide almost all of taxi service in the City of Buffalo and its surrounding suburbs. The purpose of our meeting was to discuss our continuing financial plight. There was unanimous agreement among us that financial relief in the form of a meter - increase at this time was a reasonable request. It is most urgently needed to provide the relief that we now need to continue conducting our business of providing an affordable and adequate method of transportation to those in need of our services. We also understand the fact that we are not alone in our economic suffering. The constituents of this fine city are not nearly as prosperous as they deserve to be. Some of those attending our meeting felt that a request for a larger increase may be justified due to the reasons listed below. However it was our consensus that our proposal for a modest fare increase would alleviate some of our present financial burdens without placing an unreasonable burden on those utilizing our services. Our proposal for a meter increase is as follows: Listed below are some of the reasons that we feel justify our request for a meter rate increase in the city of Buffalo. 1.) Other than the temporary raise of $0.50 in our meter drop rate that Common Council gave us to offset the drastic rise in gasoline prices that were occurring in 2001, we have not had a meter increase since February 1996 when the mileage rate was increased 20% from $1.50 to $1.80 per mile. We are asking for a 16.6% increase of the mileage rate, which translates to a 2.5% increase each year. This increase barely offsets the normal cost of living expenses that we all have had to endure for the past six year . 2.) The cost of liability insurance is the largest expense that taxi operators have. Taxi insurance is not like private auto insurance. We are at the mercy of a small number of insurance companies who write taxi insurance. Comprehensive coverage is so cost prohibitive that hardly any operator can afford to buy it, thus putting us, at extreme financial risk should we damage our vehicles. Prior to this year, taxi operators in the City of Buffalo were paying between $2,000 - $4,500 a year for mandated minimum liability insurance coverage, depending upon each applicant's situation. This year the costs for this liability coverage were increased 25 % -1 00 %, bringing some taxi operator's premiums to over $6,500 a year for each cab. These drastic costs were enough to cause City Service Cab Company and perhaps other independent operators to go out of business. City Service was an old, established company that played a vital role in providing transportation service to the people of Buffalo. We can only hope that others will be able to acquire and renew these vacated plates, so that The Buffalo Department of Licenses does not see a decline in plate renewal this year. The City of Buffalo needs to insure that its citizens, its businesses, and others who visit this fine city for family, business or tourism reasons have an adequate supply of taxis to meet their demands for our services. Buffalo cannot afford a reduction in the number of cabs serving our city or a decline in the standards of the cabs due to the reduced revenue of the cab operators. The modest meter increase that we are seeking will help offset the constant increase in our costs of doing business thus preserving a much needed transportation service in our community. 3.) We appreciate the $0.50 increase in our drop rate which Common Council enacted in 2001 to offset the rapid and drastic increase in gasoline prices that we have been experiencing here and all over our country. Presently, area gasoline prices are at their third highest level in our history and although prices have fluctuated in the past, it unfortunately seems that gasoline prices will continue to rise. Gasoline expense is a large part of our costs of doing business, which we are helpless in reducing in any way. All increases in our expenses result in a direct decline in our incomes. Unlike other businesses that can raise the prices of their products whenever they like, Buffalo taxi operators cannot. The $0.50 raise in our drop rate has been utilized for over one year without much, if any, negative response from our customers so we are asking that the drop rate remain at $2.30 permanently. 4.) 1 apologize for mentioning the tragedy of September 11, 2001. This unprecedented national loss has created a sadness and anguish in Americans that will be with us forever. The resulting changes in our priorities and attitudes will undoubtedly make us a stronger people in the years to come, but September 11 has also added to our nation's decline in economic prosperity. The resulting economic loss to our airlines from September I I has affected many businesses that are vitally connected to these airlines. All over the country smaller businesses are feeling the effect of a public that is traveling less and is more conservative in their spending than ever before, Due to the fact that we all must work the airport, bus station, hotels, and residential areas during the course of our daily business operation, we all feel the negative impact of the economic loss resulting from September 11. 5.) The increase in licensing fees that the city of Buffalo charges taxi (operators that begins this year is minor compared to all the other negative forces that are working against us. We understand the city's needs to raise funds wherever possible and we are happy to pay our fair share. We only point this out to show that all expenses are going up. Any losses in licensing fees collected by the city due to non - renewal of city plates would be insignificant, but the impact of fewer cabs to service our city would be very devastating. We hope you can support our request for a modest rate increase to help insure that this problem does not worsen in the future. 6.) Operating a taxi is not an easy or lucrative job. The hours are long, the turnover in drivers is high, we risk our vehicles and sometimes our personal safety everyday, but there are many of us who have long loved and are dedicated to the work we do in providing a greatly needed service to our community. Please help us to insure that we may continue in this work. At this time we would like to thank you for your past and continuing service to us and all of the citizens of Buffalo and Erie County. We request that you seriously consider supporting and assisting us on this most important issue. We are looking forward to meeting with you to discuss your concerns and feelings. Thank you very much. Enclosed is a preliminary list of cab company operators who support this request. On behalf of the taxi cab companies and drivers that we represent, we fully support the Buffalo City taxi meter increase proposal as outlined by the correspondence sent to Council Member at Large Ms. Beverly A. Gray from Kenneth E. Hite on April 18, 2002. REFERRED To THE TAXICAB LIVERIES AND ADHOC COMMITTEE PETITIONS NO. 75 S. BISSONETTE, AGENT. USE 605 FILLMORE FOR A HUMAN SERVICE FACILITY (HRG 6/18) REFERRED TO THE COMMITTEE ON LEGISLATION, STRATEGIC PLANNING, THE CITY PLANNING BOARDAND THE CORPORATION COUNSEL NO. 76 A. PARIS, OWNER, AGENT, USE 69 MILLS, FOR A HUMAN SERVICE FACILITY (HRG 6/18) REFERRED TO THE COMMITTEE ON LEGISLATION,STRATEGIC PLANNING, THE CITY PLANNING BOARDAND THE CORPORATION COUNSEL NO. 77 A. PARIS, OWNER, AGENT, USE 89 MILLS, FOR A HUMAN SERVICE FACILITY (HRG 6/18) REFERRED TO THE COMMITTEE ON LEGISLATION, STRATEGIC PLANNING, THE CITY PLANNING BOARDAND THE CORPORATION COUNSEL NO. 78 A. PARIS, OWNER, AGENT, USE 426 WEST DELAVAN, FOR A HUMAN SERVICE FACILITY(HRG 6/18) REFERRED TO THE COMMITTEE ON LEGISLATION,STRATEGIC PLANNING, TAE CITY PLANNING BOARDAND THE CORPORATION COUNSEL NO. 79 V. PANAGOPOULOS, OWNER, AGENT, USE 1122 ELMWOOD, FOR A SIDEWALK CAFE (HRG 6/18) REFERRED TO THE COMMITTEE ON LEGISLATION,STRATEGIC PLANNING, THE CITY PLANNING BOARDAND THE CORPORATION COUNSEL NO. 80 B. DAVIS -VOICE BUFFALO CORE TEAM - OPPOSE CLOSING OF FIREHOUSES Dear Council Member Davis: Please find attached petitions regarding the proposal to close fire houses in the city. The signatures were collected in your district. We would like to go on record in opposition of any such move. KEEP OUR BUFFALO FIRE DEPARTMENT AT FULL STRENGTH! OUR FIREFIGHTERS - OUR FIRST LINE OF DEFENSE! We, the undersigned, demand that protection be maintained at the highest level and want the following: 1. Keep Firehouses open on a regular basis - no rotation. 2. Keep Firefighters at full staff In all neighborhood houses. 3. Do not close any Firehouses either on a temporary or permanent basis. REFERRED TO THE COMMITTEE ON BUDGET NO. 81 A. GARCIA- OPPOSE HUMAN SERVICE FACILITY -426 W DELAVAN As you may be aware there is a proposal in the Common Council to convert 426 West Delavan Avenue into a Human Services Transitional House (Halfway House). I would like you to know that 1, along with other homeowners and residents are adamantly opposed to this conversion. The block between Baynes and Richmond Avenues on West Delavan is a family residential area and stable. This type of facility does not fit with the character of the neighborhood. Further, the owner of this property, Rev. Anne P. Paris, has not even discussed her plans with her neighbors. Attached are signatures with over 65% of the residents of the block opposing the conversion of the property. We strongly urge you to deny this permit. A transitional house does not belong in a stable residential area. Petition We, the homeowners and residents of the block between Baynes Avenue and Richmond Avenue on West Delavan strongly oppose the conversion and use of 426 West Delavan Avenue as a Human Service Facility, Counseling and Transition Services (Halfway House). The residents of this block are mostly families and the proposed "Human Services Facility" will change the character of our neighborhood. Further, we ask and demand that the owner, cease and desist the use of the property as a transitional house. REFERRED TO THE COMMITTEE ON LEGISLATION REGULAR COMMITTEES CIVIL SERVICE (MARC A. COPPOLA, CHAIRPERSON) NO. 82 APPOINTMENT COORD. OF OFFICE AUTOMOTION (MAX) (MIS) (ITEM NO. 18- C.C.P, MAY 28, 2002) That Communication 18, May 28, 2002 be received and filed and the provisional appointment of Mary Bartolotta, stated above at the maximum salary of $39,167 effective on April 29, 2002 is hereby approved. PASSED AYES -13 NOES -0 NO. 83 APPOINTMENT ASST. CORP. COUNSEL 11 (INTER) (CORP COUN) (ITEM NO. 35- C.C.P. MAY 28, 2002) That Communication 35, May 28, 2002 be received and filed and the permanent appointment of Joy C, Trotter stated above at the intermediate salary of $59,541 effective on March 12, 2002 is hereby approved. PASSED AYES -13 NOES -0 NO. 84 NOTICES OF APPOINTMENTS - TEMP. /PROV. /PERRN. (CC) (CCP#49 -MAY 28,02) That the above item be and the same hereby is received and filed. ADOPTED FINANCE (BETTY JEAN GRANT, CHAIRPERSON) NO. 85 LEASE - SPACE AT SHEEHAN MEMORIAL HOSP. (ITEM NO. 12, C.C.P., APR, 2, 2002) (ITEM NO. 10 1, C.C.P., APR. 16, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant moved: That the Executive Director of Strategic Planning be, and he hereby is authorized to enter into a lease between the Division of Substance Abuse Services and Sheehan Memorial Hospital, for use of space on the 2 "d floor of Sheehan Memorial Hospital, 425 Michigan Avenue, an initial term of six (6) months, renewable for another six (6) month term with two (2) additional one -year renewal periods. That the Corporation Counsel be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same. PASSED AYES -13 NOES -0 NO. 86 LEASE REQ. SPACE AT SHEEHAN MEM. HOSPITAL -COB SUB. ABUSE SVS. (A &F) (CCP#48 -APR. 16,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 87 RESCIND BOND AUTHORIZATIONS (ITEM NO. 6, C.C.P., APR. 30, 2002) That the Comptroller be, and he hereby is authorized to rescind the Capital Improvement Projects as listed in the above communication. PASSED AYES -13 NOES -0 NO. 88 CERT. OF DETERMINATION GI BONDS, SCHOOL BONDS & PKG. BONDS (COMPT.) (CCP #25 -MAY 14,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 89 ADDL. INF -FED- FINANCIAL ASSISTANCE - 6/30/01 (COMPT.) (CCP #20 -APR. 16,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 90 PERMISSION TO HIRE CONSULTANT PHASE 11 - GEOGRAPHIC INFORMATION SERVICES (ITEM NO. 53, C.C.P., MAY 14, 2002) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant to proceed with Phase 11 work of GIS Implementation project. Funds for Phase H are not expected to exceed $200,000 and funds are available in the Capital Project Reserve Planning Account. PASSED AYES -13 NOES -0 NO. 91 PERMISSION TO HIRE CONSULTANT -VARIOUS PROJECTS AND EMERGENCY RESPONSE (ITEM NO. 54, C.C.P., MAY 14, 2002) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire an environmental engineering consultant to perform testing, planning design and inspection of various remediation projects in the city. Funds for this project are available in Environmental Remediation Control Account435030306 PASSED AYES -13 NOES -0 LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 92 V. SEMERARO, PETITION TO USE 1292 HERTEL AVENUE - EXPANSION SIDEWALK CAFE (ITEM NO. 72, C.C.P., MAY 28, 2002) That after the public hearing before the Committee on Legislation on June 4, 2002, the petition of V. Semeraro, agent, for permission to use 1292 Hertel Avenue for expansion of an existing sidewalk cafe be, and hereby is approved. PASSED AYES -13 NOES -0 NO. 93 CONDUCT PUBLIC HRG. - CHIPPEWA ST. ENTERTAINMENT DIST. PROMOTION (HRG. 5,12 1) (CCP #167 -MAY 14,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 94 C. FISHER -V. FERRARECIO- INFO.- INSPECTION -313 WESTON ST. (CCP#40 -DEC 11, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 95 C. FISHER -V. FERRARCCIO- INFO.- INSPECTION -313 WESTON ST. (PERMITSQNSP.) (CCP#41 -APR. 16,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 96 SECONDHAND DEALER - 1315 BAILEY AVENUE (ITEM NO. 36, C.C.P., MAY 28, 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 Secondhand Dealer license to Mary Bundy d /b /a Hurricane Die Cast & Collectibles located at 1315 Bailey Avenue. PASSED AYES -13 NOES -0 NO. 97 SECONDHAND DEALER - 289 TACOMA (ITEM NO. 37, C.C.P., MAY 28, 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 Secondhand Dealer license to Edith Dufrane d /b /a Off Hertel located at 289 Tacoma. PASSED AYES -13 NOES -0 NO. 98 USED CAR DEALER LICENSE - 1275 BAILEY AVENUE (ITEM NO. 3 8, C. C.P., MAY 28, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to Anthony Laboy d /b /a Expressway Auto Sales, located at 1275 Bailey Avenue. PASSED AYES -13 NOES -0 NO. 99 USED CAR DEALER LICENSE - 227 FILLMORE AVENUE (ITEM NO. 39, C.C.P., MAY 28, 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 Used Car Dealer license to Stephen Kirjanow d /b /a Adamski Wholesale, located at 227 Fillmore Avenue. PASSED AYES -13 NOES -0 NO. 100 C. FISHER -P. FOSTER - CONCERNS - MENTAL HEALTH FAC.- KENSINGTON/WARWICK (CCP480 -APR. 30,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 101 ONE WAY STREET DIRECTION - REPEAL FOR LYTH ST. ( #157, 4/17)( #194,3/6) (CCP #144 -MAY 1, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 102 N. ECKERT- CONCERNS- 182 GARNER AVE. (CCP #87 -MAY 14,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 103 REQUEST BOARD UP- 182 GARNER (CCP #31 -MAY 28, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 104 DIGNITY VILLAGE DEV. PLAN (PW) (CCP #39 -APR. 30,02) That the above item be and the same hereby is referred to the Committee on Community Development. ADOPTED NO. 105 BUS SHELTER ENCROACHMENT - ELMWOOD AVENUE AT WEST UTICA STREET (ITEM NO. 26, C.C.P., MAY 28, 2002) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Christopher J. Cronin, Traffic Data Administrator for the Niagara Frontier Transportation Authority, to install a bus shelter at the southwest corner of Elmwood Avenue and West Utica Street, which would encroach city right -of -way at said address, subject to the following conditions: 1 . That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 2. That the bus shelter be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the applicant be responsible for maintaining the bus shelter as long as they remain within City right -of -way. 4. That the applicant supply the Department of Public Works, Parks and Streets with a five thousand dollar ($5,000.00) construction in street bond certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said bus shelter. 5. That the shelter shall be placed on the West Side of the entrance to the City owned lot. PASSED AYES - 13 NOES — 0 NO. 106 R. FINK - ALLENTOWN ASSN. - COMMENTS - OUTSIDE BEER SALES - MULLIGANS -ART FESTIVAL (CCP456 -MAY 28,02) That the above item be and the same hereby is received and filed. ADOPTED COMMUNITY DEVELOPMENT (ANTOINE M. THOMPSON, CHAIRMAN) NO. 107 SITE DESIGNATION- SENECA BABCOCK AREA (HRG. 6/11) (CCP #11 - 05/28/02) That the above item be and the same is returned to the Common Council without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mr. Fontana, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances -P. Marren, Strategic Planning M. Lipka, 98 Babcock R. Gogel & A. Roberson, Seneca - Babcock Assn. Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Fontana. CARRIED. Mrs. LoTempio Moved: That the Common Council hereby designates the area as described in the above communication for the Seneca - Babcock Area as being a substandard, unsanitary area which tends to impair or arrest the sound growth and development of the municipality, as defined in Subdivision 3 of Section 502, Article 15 of the New York State General Municipal Law, and do hereby designate the area, pursuant to Section 504, Article 15 of the New York State General Municipal Law, as being appropriate for urban renewal treatment; and That the Executive Director of Strategic Planning is hereby directed and authorized to prepare an Urban Renewal Plan for the long term, comprehensive redevelopment of the Seneca - Babcock Area, as described above, and that the draft Urban Renewal Plan be submitted to the Common Council for approval. Passed. AYES -13. NOES -0. NO. 108 URBAN RENEWAL SITE DESIGNATION - SENECA- BABCOCK AREA - PLANNING BD, APPROVAL (ITEM NO. 5, C.C.P., MAY 28, 2002) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Thompson moved: That the above mentioned item be and the same is hereby received and filed. Adopted NO. 109 STRAT PLAN -HUD REG. PERTAINING TO USE OF CDBG -FUND RELIG. ACT /ORGS. (CCP412 -DEC. 26, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 110 CONSOLIDATED PLAN -HUD APPROVAL ( STRAT. PL.) (CCP #13 -NOV. 14, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 111 COB CONSOLIDATED ANNUAL PERF /EVAL REPORT 5/L/2000 -4/30/2000 ( STRAT. PLAN) (CCP #9 -JAN. 22, 02) That the above item be and the same hereby is received and filed. A13OPTED NO. 112 YEAR 27 2001 CONSOLIDATED ACTION PLAN HUD RESPONSE (STRAT. PLAN) (CCP #21 -APR. 30, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 113 W. BOOKBINDER - CONCERNS -ECIDA PROJECTS (CCP #60 -APR. 16,02) That the above item be and the same hereby is referred to the Special Committee on Regional Governance. ADOPTED NO. 114 JAMES MANAGEMENT CO. - CITY RENEGOTIATE 108 LOAN (ITEM NO. 31, C.C.P., OCT. 30, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thompson moved: That the above mentioned item be and the same is hereby received and filed. Adopted. NO. 115 J. HUDECKI- GLORIA J. PARKS COMM. CTR.- REDISTR. -UNIV. HEIGHTS HSG. BOUND. (CCP #89 -MAR. 19,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 116 C. FISHER - IUOE -REQ. CERT. PAYROLLS FROM CITY DEMO PROJECTS (CCP #81 -APR. 3,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 117 C. FISHER -IUOE -REQ. CERT. PAYROLLS FROM CITY DEMO PROJECTS (PERMITSFINSP.) (CCP #36 -NOV. 27, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 118 C. FISHER -IUOE -REQ. CERT. PAYROLLS FOR CITY DEMO. PROJECTS (PERMITS /INSP.) (CCP #23 -JAN. 8, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 119 C. FISHER -NEW PFEIFER GROUP -REQ. UB GIFT COB - PFEIFER THEATER (CCP #91 -JAN. 23, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 120 PFEIFER THEATER ANALYSIS ( STRAT PLAN) (CCP #6 -NOV. 27, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 121 TRANSFER OF TITLE, URBAN HOMESTEAD - 41 SWEENEY STREET (ITEM NO. 14, C.C.P., MAY 28, 2002) That the city -owned property commonly known as 41 Sweeney Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to David Erni, residing at 47 Sweeney Street, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within three (3) months and maintained in a sanitary manner. Passed. AYES -13. NOES -0. SPECIAL COMMIFTEES 1110 LIlIll9001F ilNN 4C=kT /4116]:2LVi140 1111Ke]LVihVil11 i94:4 (MARY M. MARTINO, CHAIRPERSON) NO. 122 UNION SHIP CANAL (ITEM NO. 127, C.C.P., MAY 28, 2002) That the Draft Findings Statement be forwarded to the Union Ship Canal Subcommittee and the City of Buffalo Environmental Management Commission for their review and comment; and That the City of Buffalo EMC forward any comment or response to the Union Ship Committee; and That the Union Ship Subcommittee prepare a Final Findings Statement for review and acceptance by this Common Council. PASSED. AYES -13. NOES -0. STREETS SERVICES COMMITTEE (CHARLEY H. FISHER, III, CHAIRMAN) NO. 123 R. GIBSON- CONCERNS -TREE TRIMMING- 103 WOHLERS (# 146,9/4) (CCP# 141 -OCT. 2, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 124 R. GIBSON- CONCERNS -TREE TRIMMING -103 WOHLERS (PW) (CCP #58 -OCT. 30, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 125 C. FISHER -R. GIBSON -COMM. ACTION INF CTR. - REPLACE. - FLOWER POT (CCP #67 -APR. 2,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 126 C. FISHER -NFTA -LIST OF BUS STOPS /SHELTERS IN COB /PERIMETER (CCP #82 -MAR. 19,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 127 SNOW REMOVAL AT BUS STOPS (PW) (CCP #56 -APR. 30,02) That the above item be and the same hereby is received and filed. ADOPTED REAPPORTIONMENT COMMITTEE (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 128 R. DONOVAN- INDEPENDENCE PARTY - COMMENTS ON REDISTRICTING COB (CCP #57 -FEB. 19,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 129 J. GOLOMBEK -J. ILLUZZI- BEN -MEDIA ITEMS - COMMON COUNCIL (CCP #70 -MAR. 5, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 130 VALIDITY OF CIT. ADV. COMM. ON REAPPORTIONMENT APPTS. (LAW) (CCP #55 -MAR. 19,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 131 CHARTER VIOLATED BY UNTIMELY APPTS. TO CIT ADV. COMM. ON REAPPT. (CCP #159 -MAR. 19,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 132 I. MORRIS & O -PROP. FOR REORG. OF BUFFALO. COMMON COUNCIL (CCP #73 -APR. 16,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 133 M. THIELMAN HASTREITER- COMMENTS - REAPPORT COMM. PUB. HRGS (CCP #88 -APR. 30, 02) That the above item be and the same hereby is received and filed. F- 1 1910129:1.] NO. 134 J TOOKE- COMMENTS -COB REAPPORTIONMENT (CCP #97 -APR. 30,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 135 M. YABLIN-COM M ENTS-REAPPORTION M ENT COMMISSION'S PUBLIC HRGS (CCP #98 -APR. 30, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 136 R. MCCARTHY- CONCERNS -PROB. W /REDUCING COUNCIL SIZE (CP) (CCP #33 -MAY 14,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 137 T. BALLIETT-COM M ENTS-REAPPORTION M ENT (CCP #86 -MAY 14,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 138 R. GIBSON-CAIC-COM M ENTS-REAPPORTION M ENT (CCP #89 -MAY 14,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 139 SR. PHILIP MARIE -ST. MARTIN DE PORRES -COM M ENTS-REAPPORTION M ENT (CCP #97 -MAY 14,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 140 J. ANDRYSCHA - HERTEL AVE. CITIZENS /TAXPAYERS ASSN. INC.- COMMENTS REAPPORTIONMENT (CCP #50 -MAY 28,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 141 E. MORGANI BANAS-COM M ENTS-REAPPORTION M ENT PLAN (CCP #54 -MAY 28, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 142 J. KELEMEN- COMMENTS - REAPPORTIONMENT COMM. PROP. (CCP #65 -MAY 28,02) That the above item be and the same hereby is received and filed. ADOPTED MINORITY BUSINESS ENTERPRISE COMMITTEE (CHARLEY H. FISHER, III, CHAIRMAN) NO. 143 RECONSTRUCTION OF BUFFALO (ITEM NO. 163, C.C.P., JULY 10, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio moved: That this Common Council reaffirms its commitment to insuring that Buffalo's neighborhoods derive maximum benefits from major, publicly subsidized construction projects; and That this Council endorses the thrust of the 10 (ten) point plan for African American inclusion from the Black Chamber of Commerce of Western New York, with the exception that the 35% figure in their first point should be raised to 50% to take into account the extraordinary degree of discrimination and exclusion that has characterized local publicly funded projects throughout the City's history, Adopted. RESOLUTIONS NO. 144 BY: MR. BONIFACIO REQUEST TO ESTABLISH A GRAFFITI TASK FORCE Whereas: Graffiti is again a very serious problem in the City of Buffalo -, and Whereas: In addition to abandoned buildings which have historically been vulnerable to graffiti, many city residents' homes and automobiles h also been subject to such vandalism, and Whereas: The city code does contain provisions concerning graffiti, however it is primarily limited to dealing with graffiti as an inspections problem, in many cases penalizing victims of graffiti rather than those responsible for it; and Whereas: The City must develop mechanisms that not only prevent the spreading of graffiti, but also severely punishes those who partake in such activity; and Whereas: Graffiti offenders are not only those who spread graffiti, but also those who allow graffiti to be spread, including irresponsible property owners and sellers of graffiti producing materials; Now, Therefore Be It Resolved That a task force be established to include the Common Council, the Buffalo Police Department, Permit and Inspection Services, the Corporation Counsel's office, Administrative Adjudication, representatives of the community, and all interested parties to develop new strategies in dealing with graffiti problems in the City of Buffalo including, but not limited to the regulation of the sales cf graffiti producing materials and the development of enforcement procedures and policies that will severely penalize graffiti offenders. REFERRED TO THE COUNCIL PRESIDENT NO. 145 BY: MR. BONIFACIO RE: ORDINANCE AMENDMENT CHAPTER 511 - ZONING, USE PERMIT REQUIREMENT The Common Council of the City of Buffalo does hereby ordain as follows: That Section 511 -136 of Article XXVII of Chapter 511 of the Code of the City of Buffalo be amended to read as follows: § 511 -136 Use Permit required for Human Service Facilities, 1. Effective Date and Expiration. This Article shall take effect on July 1, 1995 and shall expire on [July 1, 2002] July 1, 2003. APPROVED AS TO FORM Corporation Counsel NOTE: Matter in brackets to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 146 BY MR. COPPOLA SECURITY FOR SPECIAL EVENTS Whereas The City of Buffalo is host to numerous special events throughout the year -1 and Whereas: These events are attend by thousands of people, a few of which perform criminal activity or endanger the safety of others; and Whereas: With the police being limited in the help they can provide, if any, proper security still has to be provided to ensure the safety of all patrons, and Whereas: The Special Events Advisory Committee is responsible for making sure that proper security is provided for events. Now, Therefore, Be It Resolved: That this Common Council requests a response from Director of the Special Events Committee regarding what is the committee's criteria for providing adequate safety at events. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE SPECIAL EVENTS COMMITTEE NO. 147 BY: MR. COPPOLA AUDIT OF CITY OWNED VEHICLES Whereas Many vehicles are used by employees on a 24 hour basis in compliance with the City of Buffalo take home vehicle policy, however, some City of Buffalo vehicles that are taken home are not in compliance with the City of Buffalo take home vehicle policy, such as not bearing a City of Buffalo emblem that is required to be on vehicle in a permanent nature, and this prevalent problem exists with specific vehicles that are not listed and /or permitted for 24 hour take home use; and Whereas: This shortfall of accountability of vehicles has existed well before the current administration; and Whereas: It is obvious that a system that provides for more accountability and tighter controls should have been implemented in the past and undoubtedly should be implemented now, and Whereas: Annual audits of the City of Buffalo fleet should be performed to ensure that policies regarding said vehicles are being followed, and Whereas: The combination of a better tracking system and annual audits will serve to benefit the City of Buffalo taxpayers and the Administration; and Whereas: Disadvantages of a large amount of take home vehicles by City of Buffalo employees include, but are not limited to: higher gas costs, higher maintenance costs, increased risk of accidents in which the city would liable, taking much needed parking away from residents, and any other unauthorized uses. Now, Therefore, Be It Resolved: That this Common Council request respective written responses to this resolution by the Commissioner of Administration and Finance and the Comptroller of the City of Buffalo be filed with this Council with 30 days. REFERRED To THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE COMPTROLLER NO. 148 BY: MR MARC COPPOLA SALARY ORDINANCE AMENDMENT VARIOUS DEPARTMENTS The Common Council of the City of Buffalo does ordain as follows: That Section I of Chapter 35 of the Code of the City of Buffalo, relating to Various Departments under the various subheadings relating to positions listed below is hereby amended as follows: This ordinance shall take effect as per the respective date on the attached schedule. APPROVED AS TO FORM Corporation Counsel 06/04/2002 Attachment This ordinance shall be effective July 1, 2002 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Anthony M. Masiello, Mayor, Anthony R. Nanula, Comptroller, Eva M. Hassett, Commissioner of Administration and Finance, Michael B. Risman, Corporation Counsel, Bruna Michaux, Acting Commissioner of Assessment, John Zebracki, Acting Commissioner of MIS, Rocco J. Diina, Commissioner of Police, Calvin G.Worthy, Commissioner of Fire, Louis R. Giardina, Acting Commissioner of Human Resources, Joseph N. Giambra, Commissioner of Public Works, Parks & Streets, Donald 0. Allen, Commissioner of Community Services, Raymond McGurn, Commissioner of Permit and Inspection, James W. Pitts, President of Common Council, and James B. Milroy, Director of Budget, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. This ordinance shall be effective July 1, 2002. REFERRED TO THE COMMITTEE ON BUDGET NO. 149 BY: MR. COPPOLA 2002 GREATER BUFFALO ITALIAN HERITAGE AND FOOD FESTIVAL Whereas: The North Buffalo Community Development Corp., Hertel North Buffalo Business Assn., and the West Side Business and Taxpayers Assn., Inc. have requested permission to, again, jointly conduct the Great Buffalo Italian Heritage and Food Festival from July 11 through 14, 2002, on Hertel Avenue, and Whereas: These Groups are also requesting that Hertel Avenue be closed to vehicular traffic between Delaware and Colvin Avenues during the above dates, and that cross streets between Colvin and Delaware Avenues, and also Linden and Tacoma between Colvin and Delaware Avenues, be designated festival areas, and Whereas: This festival will be a major expression of Italian Heritage which includes culture, customs, and foods and will once again attract people from hundreds of miles away. Whereas: The Italian Festival Committee has made drastic changes to the Festival in an effort to focus more on Italian Heritage. The changes are as follows: (A) The festival will run from Thursday, July 11, 2002, to Sunday, July 14, 2002. (4 days) (B) The hours of operation will be from 11: 00 am to 11:00 pm on Thursday, Friday, and Saturday, and from 11:00 am to 8 :00 pm on Sunday. (C) The Festival Committee shall control the area bounded by Delaware Ave. from Linden Ave. to Tacoma Ave., Tacoma Ave. from Delaware Ave. to Colvin Ave., Colvin Ave. from Tacoma Ave. to Linden Ave.,Linden Ave. from Colvin Ave. to Delaware Ave. (D) Within the above area, the festival will operate from just west of Virgil Ave. to just east of Crestwood Ave. shortening the operating area by approximately three blocks. (E) All large amusement rides and all games of chance will be eliminated. (F) Where and when possible, all residents and businesses on Hertel Ave. between Delaware Ave. and Virgil Ave. will have access to their property. (G) The Festival Committee will maintain the increased level and presence of security throughout the area agreed to by you and the Festival Board. (H) Electrical power provided by a private source will eliminate large and noisy diesel generators with a whisper quiet electrical generators which eliminate all hazardous wires cris- crossing the street. (1) The Festival Committee will be eliminating most non -food vendors thereby re- focusing our attention on ethnic and cultural areas. Now, Therefore, Be It Resolved: The North Buffalo Community Development Corp., Hertel - North Buffalo Business Assn„ and the West Side Business and Taxpayers Assn., Inc. are hereby granted permission to jointly conduct the 2001 Greater Buffalo Italian Heritage and Food Festival subject to the following conditions: (A) The festival shall be conducted on Hertel Avenue from July 111 through July 14, 2002, between the hours of 11: 00 am and 11: 00 pm, except Sunday when the hours are 11:00 am to 8:00 pm with Tuesday, July 9, 2002 after 8:00 and Wednesday, July 10, 2002 to be used only as a set -up days, and Monday, July 15, 2001 to be used only as a breakdown day with traffic to recommence by 6:00 am of that day (B) Hertel Avenue, between Crestwood and Tennyson Avenues, shall be closed to vehicular and bicycle traffic, and dogs and other animals shall be prohibited during the festival. In addition, cross streets bounded by Colvin, Linden, Delaware, and Tacoma Avenues, including those boundary streets, shall be part of the festival area subject to its rules and regulations. Permittees with the cooperation of and at the direction of the Police Department will furnish and locate barriers to be placed at the beginning time of the festival and. to be removed at the end of the festival; (C) That the city -owned residential area parking lot, located behind 1180 Hertel shall be closed to general use and shall be reserved solely for those residents of Hertel Avenue residing within the festival area, and this restriction shall be enforced strictly by the city and festival committee; (D)That the festival committee be, and hereby is, authorized to erect appropriate banners and fittings on street lamp posts on Hertel Avenue from the easterly side of Colvin to the westerly side of Delaware, and a banner across Hertel at Tennyson and at Crestwood, all within the conditions specified by the Department of Public Works; (E) Permittees shall furnish to the City of Buffalo proper liability insurance as determined by the Special Events Committee and Corporation Counsel -, (F) Permittees shall assure complete responsibility for removin_12 barriers, pennants, decorations, barricades, stands, equipment and any trash or debris in the area arising out of the festival -, (G) Permittees shall assume complete responsibility for conducting the festival in compliance with all laws and ordinances applicable, and with all directives of the various city departments, including Police, Fire, Street Sanitation, Transportation, and Public Works -, (H) Permission is hereby granted for the above under such terms and conditions so as to protect the interest of the City of Buffalo„ as set forth by the Special Events Committee. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 150 BY: MR. COPPOLA WAIVE BLOCK PARTY PERMITS FOR NATIONAL NIGHT OUT Whereas: National Night Out will be held on Tuesday, August 6, 2002, between 6:00 and 10:00 PM; and Whereas: Neighborhoods throughout the City of Buffalo plan block parties to celebrate this event -and Whereas: National Night Out is a way for our city to heighten crime and drug prevention awareness, strengthen neighborhood spirit, and send a message to criminals letting them know that our neighborhoods are organized. Whereas The City of Buffalo currently charges a $12 processing fee for block party permits, and Whereas: To encourage block clubs to participate in National Night Out activities, the City of Buffalo should waive the $12 processing fee for the permit to block city streets. Now,Therefore, Be It Resolved: To encourage participation of block clubs in this year's National Night Out activities on Tuesday, August 6, 2002, this Common Council supports the waiving of the $12 block party permit for that date. Marc A. Coppola REFERRED TO THE COMMITTEE ON FINANCE NO. 151 BY: MR. DAVIS TRAILBLAZING SIGNAGE - GETHSEMANE MISSIONARY BAPTIST CHURCH Whereas: Gethsemane Missionary Baptist Church is requesting permission to hang trailblazing signage in honor of three distinguished members of its congregation and Whereas: Deacon Theodore Banks was a Christian educator, a mentor to the youth of our City, and an inspiration to the members of the Gethsemane Missionary Baptist Church; and Whereas: Mother Mary Jackson was both an organizing member of the Church and one of its most faithful trustees; and Whereas: Mrs. H.B. Shaw, the wife of the first pastor of Gethsemane Missionary Baptist, was a trustee and a caring Sunday school superintendent; Now, Therefore, Be It Resolved: That this Common Council approves the installation of trailblazing signs proclaiming the portion of Virginia Street, between Lemon Street and Grape Street, as "Ted Banks Boulevard "; and Be It Further Resolved: That this Common Council approves the installation of trailblazing signs proclaiming the portion of Grape Street, between Virginia Street and Carlton Street, as "Mary Jackson Way "; and Be It Further Resolved: That this Common Council approves the installation of trailblazing signs proclaiming the portion of Carlton Street, between Lemon Street and Jefferson Avenue, as "Mrs. H.B. Shaw Street "; and Be It Further Resolved That: That this Common Council requests that the Department of Public Works install the trailblazing signs beneath the existing street signs on Virginia Street, Grape Street and Carlton Street. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 152 BY: MR. DAVIS PERMISSION TO HANG BANNERS - SUMMER EVENTS ON CHIPPEWA Whereas: The Chippewa Entertainment District Association would like to advertise summer events on Chippewa Street - Chippewa Cruiser Tuesdays and Chippewa Sundays Rock; and Whereas: In order to promote the events, the Chippewa Entertainment District Association is requesting permission to hang two banners, one on Chippewa Street between Delaware Avenue and Franklin Street, and the other on Chippewa Street between Franklin Street and Pearl Street; and Whereas: The Chippewa Entertainment District Association is familiar with the banner requirements, will formally request the permission of the businesses who will have the banners affixed to their structures, and will purchase the necessary bond before the banners are hung; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to the Chippewa Entertainment District Association to hang a two banners advertising summer events; and Be It Further Resolved: That said banners will hang on Chippewa Street between Delaware Avenue and Franklin Street, and between Franklin Street and Pearl Street, from June 11, 2002, through September 9, 2002; and Be It Finally Resolved: That said banners meets all the requirements of pertinent City departments and that no existing laws be violated. PASSED AYES -13 NOES -0 NO. 153 BY: MR. FISHER CABLE FRANCHISE WHEREAS: The City of Buffalo has absolute and requisite authority to grant or remove cable television franchises and renewals permitting and regulating their operation for the purpose of meeting current and reasonable future cable - related community needs and interest, with respect to the cost of meeting such needs and interest, inclusive of constructing, maintaining, improving, and operating the cable communication system upon the basis of adequacy and the feasibility of the operational plan based upon the franchisee's requisite Character, Financial, Legal and Technical Ability to provide and operate the necessary facility and equipment, within ark environment of public disclosure with opportunity for further and continuous review, compliant with the standards of the New York State Commission of Cable Television. WHEREAS: The initiation and apparent escalation of regulatory review by the Securities and Exchange Commission and United States Justice Department coupled with the resignations of key Board of Directors and Executives while under criminal and civil investigation, and WHEREAS The June 3, 2002 NASDAQ de- listing of the current franchisee due to nondisclosure of financial statements as required by the Securities and Exchange Commission and the public concerns raised by the creditors of the franchisee with regard to material nondisclosure of financial condition with respect to contingent liabilities and the potential of fraudulent application for financing and the lawsuits pertaining to the potential criminal dilution of shareholder equity, coupled the escalating potential of both criminal and civil legal actions greatly underline the franchisee's access to capital for continued operation and debt restructure, and WHEREAS: The looming potential of Corporate Bankruptcy and the impact on the corporate operation and administration due to the potentiality of receivership, the lawsuit and potential lawsuits filed on behalf of shareholders concern for criminal dilution of equity, creditor claims restricting the control of corporate assets and the ambiguity of contingent liabilities coupled with the apparently escalating litigiously impacted environment and its effect of resources being redirected from administering, maintaining and improving the operation of the cable communication system to legal fees and defense of litigation greatly undermine and bring into question the ability to operate the cable communication system, and WHEREAS: The recent concern raised due to the lack of payment to local sub contractors and the subsequent impact on the Buffalo business community, the significance to the City of Buffalo's need for revenue and the potential instability of future franchise fee payments, the increasing doubt regarding the franchisee's ability and commitment to retain key employees and protect the continuity of quality of service contribute to the increasing concern regarding the franchisee's ability to provide technical and operational management necessary to maintain and improve the facility and equipment to meet the current and future cable - related community needs and interest. Thus, greatly undermining the corporation's ability to effectively provide a productive and economically stable environment for employees and local sub - contractors, and WHEREAS: Periods of lack of proactive communication, failure to comply with legally required disclosure standards and the apparently ignored subsequent requests for increased dialogue and disclosure by local elected officials, inclusive of the City of Buffalo Mayor's Office, Council President's Office, and Common Council Members on behalf of their constituents, inclusive of the requests by Federal Regulatory Agencies, Creditors and Shareholder representatives greatly contribute to the increasing lack of confidence in the current franchisee's ability to meet the current and future needs and interest of the Buffalo, NY cable - related community, and WHEREAS: Cable access and the benefits therein contribute greatly to the available resources currently necessary and increasingly necessary to enhance the success and development of educational programs, thus diminishing the impact of the digital divide and establishes a foundation for the potential future success of the children in the Buffalo Public School System. The current franchise agreement does materially address access to cable in municipal buildings and our public and private schools. The fiscal, legal and operational stability of the: local cable franchise operation and its meaningful compliance with the sovereignty of the City of Buffalo to administer the exclusive and requisite authority to grant cable television franchises and renewals permitting and regulating their operation, is vital and intricately woven into the fabric of our day -to -day life as a community and its instability affects the potential and the value of our children's future. WHEREAS: Due to the responsibility to administer the exclusive and requisite authority to grant cable television franchises and renewals permitting and regulating their operation for the purpose of meeting current and reasonable future related community needs and comply with the standards of the New York State Commission on Cable Television, also, pursuant to the Home Rule Law, the legislative authority delegated to and vested within the City of Buffalo Common Council and its telecommunications committee to make inquiry and conduct investigative hearings to ensure compliance with the statutory requirements under the laws of the State of New York is compelled to act to protect the sovereignty of the City of Buffalo to exercise exclusive and requisite authority to grant cable television franchises and renewals permitting and regulating their operation on behalf of constituent concern and responsibility to protect the collective quality of life, FINALLY BE IT RESOLVED: The Common Council President, who is the chairman of the telecommunications committee of the common council is hereby authorized and directed to secure information pertaining to viable options to provide for contingency related planning and strategy development by conducting appropriate public hearings and inquiry to investigate, study and make recommendations to ensure compliance with the standards of the New York State Commission on Cable Television fulfilling the responsibility of the City of Buffalo to exercise exclusive and requisite authority to grant, remove And review cable television franchises and renewals permitting and regulating their operation and quality of service. RECEIVED AND FILED NO. 154 BY: MR. GOLOMBEK DISPLAY BANNER FOR OPEN AIR FILM FESTIVAL Whereas: Dolce Far Niente, Inc. in cooperation with Buffalo State College will present the "Sotto Le Stelle -Free Open Air Film Festival" each Friday in July 2002. This is the second year of the event; and, Whereas: To promote this event the organizers have requested permission to display a banner on Elmwood Avenue near Bidwell Parkway; and, Whereas: The banner will be hung across Elmwood Avenue between Pole #215 and the building located at 820 Elmwood Avenue. The organizers would like: to hang the banner starting on June 12 The 2002 and will have it taken down by August 2nd, 2002. Now, Therefore, Be It Resolved: This Common Council recognizes the importance of cultural events that support neighborhood business districts by attracting people. The organizers of the "Sotto Le Stelle - Free Open Air Film Festival" are granted permission by this Honorable Body to hang a banner, pursuant to the conditions set forth by the Commissioner of Public Works, at the above location from, June 12th, 2002 to, August 2nd , 2002 PASSED AYES -13 NOES -0 NO. 155 DISCHARGE BY: MRS. GRANT DISCHARGE COMMITTEE ON FINANCE - COM. 11, CCP MARCH 5, 2002. (RESULTS NEGOTIATIONS- 126 ASH (STRAT. PLAN.) Whereas: Com 11, CCP March 5, 2002, "Results Negotiations- 126 Ash ( Strat. Plan.)" is presently tabled in the Committee on Finance; and Whereas: It is no longer necessary for this item to be considered by that committee. Now, Therefore, Be It Resolved: That this Common Council does hereby discharge the Committee on Finance from further consideration of Com. 11, CCP March 5, 2002, "Results Negotiations- 126 Ash ( Strat. Plan.) ", and said item is now before the Council. ADOPT DISCHARGE PASSED AYES -13 NOES -0 NO. 156 BY MRS. GRANT INCREASED APPROPRIATION DIVISION OF ENGINEERING That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments Division of Engineering - Construction of Streets, be and the same hereby is increased in the sum of $13,815. That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account: From: 10311015 - 340000 - - Charges for Services $13,815 To meet the increased appropriation as set forth below: To: 13112006 - 443 100 - Engineering - Construction of Streets $13,815 PASSED AYES -13 NOES -0 NO. 157 BY: MRS. GRANT TRANSFER OF FUNDS PLANNING FOR CAPITAL PROJECTS PUBLIC WORKS That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $30,000 be and the same is hereby transferred from Planning for Capital Projects account and said sum is hereby reappropriated as set forth below: From: 30000106 - 445 100 Planning for Capital Projects $30,000 To: 30007806 - 445500 Multi -Modal Program (Design) $30,000 PASSED AYES -13 NOES -0 NO. 158 BY: MRS GRANT DEVELOP SECOND PHASE -MAIN LASALLE REVITILIZATION PROJECT Now therefore be it Resolved: That the Executive Director of Strategic planning is authorized to begin the development of the Second Phase [Phase 11 ] of the Main - Lasalle Revitilization Project, including the development of financing for the project including a time table for going into the bond market and whatever plans are necessary to facilitate the Revitilization Plan. (relocation of commercial structures and land acquisition.) The Executive Director of Strategic Planning shall report back to the Council on the substance of the plan. ADOPT NO. 159 BY: MRS. LOTEMPLO CITY OF BUFFALO LOCAL LAW NO. - (2002) INTRODUCTORY NO. 6 (2002) A LOCAL LAW electing a retirement incentive program as authorized by Chapter 69, Laws of 2002 for eligible employees of the City of Buffalo. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That section twenty -four dash twenty -three point one of the Charter of the City of Buffalo, be adopted pursuant to law, to read as follows: See, 24 -23.1. 2002 Targeted Early Retirement Incentive. (1) The City of Buffalo hereby elects to provide all of its eligible employees with a retirement incentive program authorized by Chapter 69, Laws of 2002. (2) The commencement date of the retirement incentive program shall be July 1, 2002. (3) The open period during which eligible employees may retire and receive the additional retirement benefit, shall be 60 days in length. (4) The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be, paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees' Retirement System and it shall be paid by the City of Buffalo for each employee who receives the retirement benefits payable under this Local Law. (5) This local law shall take effect immediately. (6) The City of Buffalo's joint Council / Administration /Union /Comptroller Budget Committee is responsible to oversee and make recommendations to manage the workforce. Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3. This local law shall take effect immediately. IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law that the immediate passage of this Local Law is necessary. ANTHONY M. MASIELLO MAYOR APPROVED AS TO FORM Corporation Counsel PASSED AYES -13 NOES -0 NO. 160 BY: MS. LOTEMPIO HOME RULE MESSAGE - ASSEMBLY BILL #6894 - "AN ACT TO AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO PAYMENTS MADE FOR MAINTENANCE AND IMPROVEMENTS TO CERTAIN PARKLANDS BY THE BUFFALO AND FORT ERIE PUBLIC BRIDGE AUTHORITY" Whereas: A bill has been introduced in the NYS Assembly, #6894 - "an act to amend the public authorities law, in relation to payments made for maintenance and improvements to certain parklands by the Buffalo and Fort Erie Public Bridge Authority "; and Whereas: Bill # 6894 will increase, from S200,000 to $1 million, the annual amount that the Buffalo and Fort Eric Public Bridge Authority (PBA) is authorized to pay for maintenance and improvements to Fort Erie for Mather Park and to Buffalo for LaSalle and Front Parks; and Whereas: The Peace Bridge is a symbol of the friendship between the United Sates and Canada and, as one of the busiest international crossings in the world; maintenance an improvement of the bridge's bordering parks are important to the PBA's function of welcoming international travelers; and Whereas: Payments to both Buffalo and Fort Erie for the upkeep of Mather, Front and LaSalle Parks were first authorized at $200,000 in 1970 and if those payments had increased at the rate of the consumer price index, they would now be worth $857,304; and Whereas: Bill # 6894, in fairness to the residents of Buffalo and Fort Erie, and in keeping with the Peace Bridge's role as a profound international symbol, will bring the park upkeep sum to an inflation adjusted level; Now, Therefore, Be It Resolved That: This Common Council of the City of Buffalo goes on record in support of Assembly Bill #6894 - "an act to amend the public authorities law, in relation to payments made for maintenance and improvements to certain parklands by the Buffalo and Fort Erie Public Bridge Authority "; and Be it Further Resolved That: The City Clerk be directed to forward certified copies of this home rule message to Governor Pataki, to Assembly Speaker Sheldon Siilver, to the Clerk of the Assembly, to Senate Majority Leader Joseph Bruno, to the Secretary of the Senate and to the members of the Western New York Legislative delegation. ADOPTED NO. 161 BY: MS. LOTEMPIO HOME RULE MESSAGE - ASSEMBLY BILL46955, - "AN ACT TO AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO INCREASING THF- BOARD OF THE BUFFALO AND FORT ERIE PUBLIC BRIDGE AUTHORITY, AND TO CERTAIN REPORTING AND APPROVAL REQUIREMNENTS FOR THE CITIES OF BUFFALO AND FORTERIE" Whereas: A bill has been introduced in the NYS Assembly, - #6955 - "an act to amend the public authorities law, in relation to increasing the board of the Buffalo and Fort Erie Public Bridge Authority, and to certain reporting and approval requirements for the cities of Buffalo and Fort Erie "; and Whereas: Bill # 6955 would increase the membership of the Buffalo and Fort Erie Public Bridge Authority from 10 to 12 members to include an appointment from the Buffalo Common Council and from the legislative body of Fort Erie, and the bill also requires these municipalities to approve certain capital projects of the Authority; and Whereas: The Peace Bridge is a symbol of the friendship between the United Sates and Canada and is one of the busiest international crossings in the world; and Whereas: Given the past controversy over the construction of the "Super Span" vs. the "Twin Span ", this bill will provide for 2 additional members to be appointed to represent the perspectives of Buffalo and Fort Erie on the Board; and Whereas: Bill # 6955 also provides for legislative approval from Buffalo and Fort Erie when major construction projects are being planned by the Authority; Now, Therefore, Be It Resolved That: This Common Council of the City of Buffalo goes on record in support of Assembly Bill #6955 - "an act to amend the public authorities law, in relation to increasing the board of the Buffalo and Fort Erie Public Bridge Authority, and to certain reporting and approval requirements for the cities of Buffalo and Fort Erie; and Be it Further Resolved That: The City Clerk be directed to forward certified copies of this home rule message to Governor Pataki, to Assembly Speaker Sheldon Silver, to the Clerk of the Assembly, to Senate Majority Leader Joseph Bru -no, to the Secretary of the Senate and to the members of the Western New York Legislative delegation. ADOPTED NO. 162 BY: MRS. LOTEMPIO ORDINANCE AMENDMENT CHAPTER 414- SPECIAL EVENTS The Common Council of the City of Buffalo does hereby ordain as follows: That Section 414- 10(D) of Chapter 414 of the Code of the City of Buffalo be amended, to read as follows: Sec. 4 14 -10. Events Guidelines. D. Services Available from the City The City will provide certain equipment and materials to facilitate comfort and control over the event, subject to availability and the City's prior need for such equipment and materials. Exceptions for these services may be made for justifiable reasons upon petition to the SEAC. 1 . Temporary Parking Signs All temporary paper signs for restricting parking must be posted twentyfour (24) hours in advance and maintained by the sponsor. Requests for the necessary materials should be directed to the Division of Parking Enforcement. Any usage of temporary signs without the authorization of the Division of Parking Enforcement will be neither recognized nor enforced. The sponsor must purchase parking control signs or other parking restriction devices (such as parking meterbags) from the Division of Parking Enforcement, haying in advance for the number of signs or other devices ordered. Upon the event's completion, all paper signs must be taken down by the sponsor. 2. Barricades All barricades should be requested from the Department of Public Works. When the equipment is provided, the sponsor must sign for the barricades. The sponsor shall also be responsible for picking up, setting up, breaking down and delivering the equipment both to and from the Department of Public Works storage site. The cost of replacing lost or damaged barricades lies with the sponsor. 3. Snowfencing If necessary, all snowfencing should be requested from the Division of Parks. The sponsor shall be responsible for setting up and breaking down the equipment. The Division of Parks will deliver and pick up the equipment. A security deposit paid to the City may be required in the form of a check payable to "The City of Buffalo - Special Events" in an amount determined by the Division of Parks. A copy of the receipt and check must be mailed to the Mayor's Office, Room 201 City Hall. The cost of replacing lost or damaged snowfencing lies with the sponsor. 4. Bandshell Rental A rental fee per day as provided in Chapter 175, Fees, shall be charged for the use of the bandshell. A rental fee paid to the City in the form ofa check payable to "The City of Buffalo - Special Events ". The check shall be delivered to the Division of Parks. A copy of the receipt and check must be mailed to the Mayor's Office, Room 201 City Hall. The Department of Human Services, Parks and Recreation will set up, maintain and take down the bandshell. The sponsor must provide security. 5. Fees [A fee for furnishing security services at special events may be charged for each 3,000 persons in the aggregate in attendance at the event up to a maximum of 90,000 persons so that the fee not exceed $3,000.00, as provided in Chapter 175, Fees. The sponsor m4y be charged the costs for the City to furnish certain services to the event, including printing, overtime and other labor costs associated with the event, as provided in Chapter 175, Fees. The sponsor would pay this fee, as well as other costs not finally determined prior to the SEAC's authorization for the special event, within ten (10) days after the conclusion of the event. It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Matter in brackets to be deleted; matter underlined is new. Corporation Counsel REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 163 BY- MRS. LOTEMPIO ORDINANCE AMENDMENT CHAPTER 176 - FEES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175, Fees, of the Code of the City of Buffalo be amended to read as follows: Chapter 414, Special Events Fee § 414- 1O(D)(5), services [Security services per 3,000 persons in the aggregate in attendance during the special event, up to a maximum fee of $3,000 for more than 90,000 persons in attendance] Costs for services rendered to sponsor of special event [$100.00]Actual cost incurred by the city Parking control signs 0.15 /sign Meter bags $ .50 /meter baG 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 brackets to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 164 BY: MRS. LOTEMPIO SUPPORT REQUEST FOR AID FROM NEW YORK STATE FOR THE CONSTRUCTION OF NEW FIREHOUSES Whereas: Due to an eroding tax base, the loss of state aid since the 9/11 tragedy, and other factors, the City of Buffalo is facing severe fiscal problems ; and Whereas: The 2002 -2003 budget recently adopted by the Common Council features draconian cuts, including the layoffs of police officers and the closing of 2 fire companies; and Whereas: Given the pressures on the City's finances, local leaders have initiated a strong search for structural solutions that will improve Buffalo's position for the long haul; and Whereas: One solution that holds enormous promise, is to construct strategic ally - located new fire houses, each of which would allow the closing of a couple less efficient houses, while improving service and saving money; and Whereas: The construction of new houses would also provide a foundation for merging the Buffalo and Lackawanna fire departments, a move that would save money and increase protection for both communities; and Wbereas: In recent years the Council, Comptroller and Mayor have put the City of Buffalo on a "debt diet ", and constructing the new houses from municipal bond proceeds is not possible at this time; and Whereas: Members of the Western New York Assembly delegation have requested $2.5 million in funding from the Assembly leadership to finance the construction of new fire houses; and Now, Therefore, Be It Resolved That: This Common Council is in full support of the local NYS Assembly delegation in asking Assembly Speaker Sheldon Silver for $2.5 million in aid, for the City of Buffalo to construct new fire houses as a way to improve fire fighting capacity and provide structural, long -term savings to Buffalo's taxpayers; and Be It Further Resolved That: This Council is grateful to Speaker Silver for his enormous contributions to the well being of Western New York, and implores Mr. Silver to give serious consideration to this request; and Be it Finally Resolved That: The City Clerk be directed to send a certified copy of this resolution to the Honorable Sheldon Silver, Speaker of the New York State Assembly. ADOPTED NO. 166 By: Mrs. Martino SUBJECT: Union Ship Canal Whereas: On February 19, 2002, this body, as lead agency, accepted the Final Generic Environmental Impact Statement prepared by Development Downtown, Inc. as project sponsor; and Whereas: The action described in the project's Final GEIS is to return this former industrial property to productive use through: infrastructure improvements, rezoning for appropriate industrial and commercial uses; and to create a waterfront park that provides access to the canal thereby enhancing surrounding property for commercial development; and Whereas: Prior to undertaking these actions, the City must first comply with the State Environmental Quality Review Act ( SEQRA); and Whereas SEQRA required the City, as Lead Agency to a Findings Statement after a Final EIS has been filed, in accordance with 6 NYCRR 617.9; and Whereas: A Findings Statement must certify that all SEQRA requirements have been met, and provides written support for the City's decision; and Whereas: A draft Findings Statement is hereby attached. Now, Therefore Be It Resolved: That this body hereby approves and accepts the Findings Statement for the Union Ship Canal Development Project Generic Environmental Impact Statement; and Be It Further Resolved: That this body hereby authorizes the Mayor to execute the Findings Statement on behalf of the City. PASSED AYES -13- NOES -0 NO. 166 RESOLUTION By: Mr. Thompson Appointment of Legislative Assistant Whereas: On Thursday January 4, 2001, Antoine Thompson was sworn in Masten District Councilmember; and Whereas: Shamar Ashley of 38 Cambridge Avenue, Buffalo, New York 14215, has been selected as Legislative Assistant to the Masten District; Now, Therefore, Be It Resolved: That Shamar Ashley of 38 Cambridge Avenue, Buffalo, New York be appointed Legislative Assistant, Masten District Council Office:; and Be It Further Resolved: That the appointment is made effective Thursday, July 1, 2002. ADOPTED NO. 167 Resolution By: Mr. Thompson Subject: Change of parking restrictions Whereas: The parking restrictions on Rodney Avenue between Halbert and Fillmore Avenues has caused an inconvenience for residents of the Street who wish to park their cars on Rodney Avenue; and Whereas: Residents of Rodney Avenue have made a request for alternate parking on Rodney Avenue between Halbert and Fillmore Avenues; Now Therefore Be It Resolved That: This Common Council requests that the department of Public Works, Parks and Streets implement alternate parking on Rodney Avenue between Halbert and Fillmore Avenue REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 168 Resolution By: Messrs. Thompson and Davis Subject: Consolidation of Erie Community College to a single Campus in Downtown Buffalo Whereas: The Downtown section of Buffalo, NY is currently in a state of decline; and Whereas: Erie Community College currently has three separate facilities located in 3 separate areas of the County; and Whereas: The creation of a single downtown Campus for Erie Community College, will energize the entire Downtown Area, is easily accessible for residents, cost effective for Erie Community College and can be done with minimal costs to the city; and Whereas: The creation of a single downtown campus for a community college is not a new idea, a similar plan is currently underway in Hartford Connecticut; and Whereas: The economic stimulus of thousands of students into the downtown core of the city will boost sales in restaurants and retail establishments and can be an anchor in the downtown core. Evidence of this type of stimulus can be seen around the campus at the University of Buffalo's North Campus; and Whereas: The current area under proposal is easily accessible by public transportation and adjacent to the underutilized Erie County Library; and Whereas: The relocation of the NFTA into the Memorial Auditorium site would produce a multi - purpose transportation facility to increase —the utilization of Amtrak, Metrorail and connecting bus lines; Now Therefore Be It Resolved: That this Common Council Of The City of Buffalo support the Consolidation of a single campus in Downtown Buffalo for Erie County Community College. Be It Finally Resolved: That certified copies of this Resolution be forwarded to the Erie County Legislature, the Erie County Executive, The President of Erie Community College, the Governor of New York, the speaker of the New York State Assembly, The Majority Leader of the New York State Senate and the Erie County Western New, The President of Erie Community College, the Governor of New York, the speaker of the New York State Assembly, The Majority Leader of the New York State Senate and the Erie County Western New York State Legislative Delegation. ADOPTED No. 169 By Mr. Thompson Felicitations /In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Peg Brunton ADOPTED. No. 170 BY: ANTOINE M. THOMPSON Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2002, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Ciminelli, Cynthia M. Dziedzic, Katherine Helwig, Maureen C. Linser, Doris A. Perfetb Jr, Louis J. Clark, Vincent D. Hayes, Ronald J. Herlihy, Erin E. Palmer, Mary Lou Morcio, Wendy ADOPTED No. 171 BY ANTOINE M. THOMPSON Appointments Commissioners 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 Anello, Lauie A. Bartels, Tami E. Cook, Joseph M. Bagley, Linda W. Basile, Lisa M. Carpino, Bridget M. Casali, Debbie Ceglia, Lisa Czechowski, Mindy M. Gregoire, Kathleen A, Galloway, Warren Lansing, Mara Grzanhowski, Regina L. Hammond, Jeffrey Herberger, Daniel A. Jankowiak, James J. Jasinski, Lawrence D. Klein, Jeanette McGowan, Sandra Pfeiffer, Paul S. Ping, Douglas E. Ranzenhofer, Lisa Ruffino, Carla M. Sikorski, Robert Stebick, Margaret J. Tamol Jr., James E. V \fojtowicz, Gail M. Woolcock, Marina Medina, Elaine Taher, Asiya ADOPTED UNFINISHED BUSINESS No. 172 UR Plan Phase II- Main - LaSalle Revit. Proj. ( #I 17,11/27)( #20,11 /13)(Hrg. 11 /27) (CCP #73- 1/8/02) Mrs. LoTempio moved that the above item be taken from the table. Seconded by. MS. GRANT CARRIED Mrs. LoTempio now moved that the item be laid on the table. Seconded by MS. GRANT LAID ON THE TABLE No. 173 M. Schiavone - Expansion of Main - LaSalle Housing Project ( #62,11/27) (CCP474- 1/8/02) Mrs. LoTempio moved that the above item be taken from the table. Seconded by. MS. GRANT CARRIED Mrs. LoTempio now moved that the item be laid on the table. Seconded by MS. GRANT LAID ON THE TABLE NO. 174 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13th floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, June 18, 2002 at 9:30 o'clock A.M. Committee on Finance Tuesday, June 18, 2002 at 10:00 o'clock A.M. following Civil Service Committee on Legislation Tuesday, June 18, 2002 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, June 19, 2002 at 10:00 o'clock A.M. Committee on Education Wednesday, June 19, 2002 at 2:00 o'clock P.M. Special Committees Reapportionment Workshops Wednesday, June 12, 2002 at 10:00 o'clock A.M. and Thursday, June 20, 2002 at 2:00 o'clock P.M. in Room 1417 City Hall. Special Mtg. -Comm. Dev. Wednesday, June 12, 2002 at 2:00 o'clock P.M. on Vacant Lots in COB in Room 1417 City Hall. University District Anti -Crime Task Force Thursday, June 13, 2002 at 10:00 o'clock A.M. in Room 1417 City Hall. Regional Governance Thursday, June 13, 2002 at 10:00 o'clock A.M. in the Council Chambers, 13 "' Floor City Hall, to Explore Municipal Assistance Corp. Concept. Bi- National Bridge Thursday, June 13, 2002 at 2:00 o'clock P.TV1. in Room 1417 City Hall. Spec. Mtg. — Legislation Monday, June 17, 2002 at 11:00 o'clock A.M. in Room 1417 City Hall to discuss the Proposed Food Store Ordinance. Police Reorganization Thursday, June 20, 2002 at 10: 00 o'clock A.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 b meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. No. 175 Adjournment On a motion by Mrs. LoTempio, Seconded by Ms. Martino the Council adjourned at 3:16 PM