Loading...
HomeMy WebLinkAbout02-1226No. 24 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO December 26, 2002 MAYOR Hon. Anthony M. Masiello COMPTROLLER Anthony Nanula COMMON COUNCIL PRESIDENT OF THE COUNCIL James W. Pitts PRESIDENT PRO TEMPORE Richard A. Fontana MAJORITY LEADER Rosemarie Lo Tempio COUNCILMEMBERS -AT -LARGE Beverly Gray Charlie A. Fisher III Rosemarie LoTempio DISTRICT COUNCIL MEMBERS MARC A. COPPOLA - DELAWARE BRIAN C. DAVIS - ELLICOTT DAVID A. FRANCZYK- FILLMORE RICHARD A. FONTANA - LOVEJOY ANTOINE M. THOMPSON - MASTEN DOMINIC BONIFACIO - NIAGARA JOSEPH GOLOMBEK JR. - NORTH MARY M. MARTINO - SOUTH BETTY JEAN GRANT - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Marc Coppola, Chairman, Charley H. Fisher III, Joseph Golombek Jr., Mary Martino, Antoine Thompson- Members CLAIMS COMMITTEE: Mary M. Martino, Chairman, Marc A. Coppola, Brian C. Davis, Richard Fontana, Betty Jean Grant - Members COMMUNITY DEVELOPMENT COMMITTEE: Antoine Thompson, Interim Chairman, Dominic J. Bonifacio Jr. Brian C. Davis, Joseph Golombek Jr., Beverly Gray, Rosemarie LoTempio- Members FINANCE COMMITTEE: Betty Jean Grant, Chairman, Marc Coppola, Brian C. Davis, Charley H. Fisher III, David A. Franczyk, Mary Martino- Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, Joseph Golombek Jr., Betty Jean Grant, Rosemarie LoTempio, Members RULES COMMITTEE: James W. Pitts, Chairman Charley H. Fisher III, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Charley H. Fisher III, Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, David A. Franczyk, Beverly Gray, Antoine Thompson; Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty Jean Grant, Joseph Golombek Jr.; Members BUDGET COMMITTEE: Rosemarie LoTempio, Chairman, Richard Fontana, Mary M. Martino, James W. Pitts ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr., Charley H. Fisher III, Joseph Golombek Jr. POLICE REORGANIZATION COMMITTEE: Dominic J. Bonifacio Jr., Chairman, Brian C. Davis, Richard Fontana, David A. Franczyk, Mary Martino, Charley Fisher III. CORPORATION COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, DECEMBER 26, 2002 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and and Council Members Bonifacio, Coppola, Davis, Fisher, Fontana, Franczyk, Golombek Grant, Gray, LoTempio, Martino, and Thompson - 13. ABSENT - None. On a motion by Mrs. LoTempio, seconded by Mr. Fontana, the minutes of the stated meeting held on December 10, 2002 were approved. FROM THE MAYOR NO. 1 APPOINT EVA M. HASSETT CHIEF OF STAFF MAYOR DEPARTMENT Pursuant to Article 4, section 4 -7 of the Charter of the City of Buffalo, I hereby appoint Eva M. Hassett, 172 Ashland Avenue, Buffalo, NY 14222 to the position of Mayor's Chief of Staff in the Executive Department of the City of Buffalo, at a salary of $75,424. Ms. Hassett has been the Commissioner of Administration and Finance in my administration since January of 1994 and has done an admirable and commendable job in that capacity. With her broad range of experience in public finance and outstanding management skills, Ms. Hassett has already demonstrated that she possesses the necessary talents to effectively serve as my Chief of Staff. I hereby certify that Ms. Hassett is well qualified to discharge the duties of Chief of Staff in the Office of the Mayor, and I am proud to appoint her to this position. This position, pursuant to Rule 5 of the rules for the Classified Civil Service of the City of Buffalo, is in the Exempt Classification. RECEIVED AND FILED NO. 2 ANNUAL FINANCIAL REPORT OVERDUE NOTICE FROM STATE COMPTROLLER Attached please find copies of letters that I received from the Office of the State Comptroller notifying the city Comptroller that the annual financial report for fiscal year ending June 30, 2002 is overdue. I have: been requested by the State Comptroller to distribute this to each member of the Common Council. Dear Mayor: Enclosed are copies of a recent letter notifying the Chief Fiscal Officer that your municipality's annual financial report for the fiscal year ended June 30, 2002 is overdue. I ask that you please distribute a copy of this letter to each member of your municipality's legislative body at your earliest convenience. Thank you for your cooperation in this matter. If you have any questions regarding this request, please call (55 18) 474 -4014. Anthony Nartula, City Comptroller City of Buffalo 1225 City Hall Buffalo, NY 14202 Dear Chief Fiscal Officer: This is the second notice that your annual financial report for the fiscal year ended June 30, 2002 is overdue. General Municipal Law, section 30 requires that you file your annual report with the Office of the State Comptroller within sixty (60) days after the close of the fiscal year. In addition, there is generally some form of requirement for filing an annual financial report locally. In as much as the failure to file a timely report impacts the entire municipality, a copy of this letter will be distributed to each member of your municipality's legislative body. There are several different users of the financial data that is included in your annual financial report. It is important to provide a timely and accurate annual financial report to the governing board, other managers in your local government and the public as soon as possible after the end of your fiscal year. This information is valuable for management and planning purposes, and demonstrating accountability for public assets. The timely availability of your annual financial report will also allow the citizens in your community to be informed participants in the management of your local government. The State Comptroller's Office uses the information in your annual financial report to assess the financial condition of your local government and to identify services we can provide to enable PROCEEDINGS you to improve your government's financial condition, efficiency, effectiveness and accountability. The legislature and other state agencies may also utilize your annual financial report data to allocate resources and to monitor compliance. Lastly, investors and creditors utilize this data to evaluate creditworthiness. In order to maximize the benefits to these users of your financial data, we strongly urge you to file your annual financial report for the fiscal year ended June 30, 2002 as soon as possible. One of Comptroller McCall's key objectives is to work in partnership with local governments. The Division of Municipal Affairs has seven regional offices (see attached listing) available to provide a variety of services and assistance to local governments in New York State. Please contact the office in your region with questions relating to technical assistance and accounting related issues. If you need additional documents, filing information or assistance with the electronic filing of your annual report, please call (518) 474 -4014. We remain ready to assist you in the preparation and filing of your annual financial report, as well as providing you with other financial related services. Sincerely, REFERRED TO THE COMMITTEE ON BUDGET FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BUFFALO ARTS COMMISSION NO. 3 PERMISSION TO HIRE CONSULTANT The Buffalo Arts Commission respectfully requests Your Honorable Body to authorize the Executive Director to hire a public art information Consultant and an archivist consultant to update inventory of City of Buffalo art collection and organize historic records pertinent to Arts Commission projects. Expertise is needed in these areas to take advantage of increased, demand related to cultural tourism opportunities and assisted funding applications This will allow the City of Buffalo to better promote and document the public art located in all districts in the city. Funds are available in the percent for art capital account. Thank you for your continued support and we are available if you require. any further information regarding this request. Mrs. LoTempio moved: That the Executive Director of the Buffalo Arts Commission be and lie hereby Is Authorized hire a public art information consultant and an architect consultant to update the inventory of buffalo public art collection and to organize historic records pertinent to Arts Commissioner Projects. PASSED AYES - 13 NOES -0 NO.4 POLISH AMERICAN VETERANS OF WWII MEMORIAL The Buffalo Arts Commission has no objection to the plans as submitted by sponsor of above monument and to its proposed location at Veterans Park at the Inner Harbor. RECEIVED AND FILED FROM THE OFFICE OF CITIZEN SERVICES NO. 6 REQUEST FOR INFORMATION FROM COMMUNITY DEVELOPMENT COMMITTEE: DECEMBER 4, 2002, ITEM 6, LOCAL LAW ENFORCEMENT BLOCK GRANTS Attached are the budgets for the Local Law Enforcement Block Grant Program for its seven (7) years of existence. If you need any additional information on this topic, please call me. Sincerely, Acceptance of year V11 1 Type in Upper and Local Law Enforcement I Lower Case Only Block Grant - 2002 -2003 Dear Members of Buffalo's Common Council: This is the seventh year that the City of Buffalo, Department of Police, Division of Citizen Services, and the Division of Parks and Community Services has received a Local Law Enforcement Block Grant (L.L.E.B.G.), from the U.S. Justice Department (D.O.J.). The total award for the year 7 entitlement is $782,421, with a required local match of 10% or $86,936. The local match requirement will be Community Development Block Grant funds earmarked for the Neighborhood Community Schools program, which was approved by B.U.R.A. on September 12, 2002. The 7 year L.L.E.B.G. entitlement of $782,421, reflects a 22% reduction from year 6 funds which totaled $997,107, which was a 13% reduction from year 5. Additionally, the County of Erie has been awarded $16,900 in year 7 funds, a reduction of over 20% from the $21,233 that it received last year. Consequently, difficult funding decisions had to be made in allocating year 7 funds. The process used in preparing the budget printed below, was to follow U.S. Department of Justice guidelines by holding an Advisory Board Meeting, which was held on September 12,2002 in Police Headquarters and a public hearing, held on September 17, 2002, at the B District Police Station, 695 Main Street. A public hearing notice was published in the Buffalo News on Friday, September 6, 2002. The year 7 funds still place its highest priority on police protection, but also provides a substantial amount of dollars for prevention and educational endeavors. The following is the budget break down for year 7 funding and your acceptance of the entitlement award on behalf of the City of Buffalo, will be most appreciated. Local Law Enforcement Block Grant Program year 7 City of Buffalo $782,421 Local match 86,936 869,357 County of Erie $ 16,900 Buffalo Police Department: $522,421 Those dollars are presently earmarked for police cars and equipment. Division of'Citizen Services: $165,000 Community Schools - $100,000, to continue after school programs in thirteen (13) schools, which have used those funds to leverage an additional $300,000 in program funds. Save our Streets - $ 65,000, Which will continue to fund a coordinator and task force efforts in developing and implementing strategies to combat illegal drug activities and to improve the quality of life in Buffalo's Neighborhoods. Division of Community Services: $ 95,000 Juvenile delinquency prevention programs - $ 55,000 City's Drug Court $ 40,000 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE BOARD OF PARKING NO. 6 RESULTS OF BID C ROBERT B. ADAM RAMP EXPANSION The City of Buffalo Board of Parking advertised for bidders for the Robert B. Adam Ramp Expansion on November 19., 2002. A public bid opening was held on December 19, 2002 at 11:00 am- in the offices of the Board of Parking, 1801 City Hall. The results are as follows - Contract No. 101 Superstructure BIDDERS Available for review in the City Clerk's Office The original total estimate for all contracts was $6,706,788. Fund for this project the Parking Board's Bond Account 51019046 445 100. REFERRED TO THE COMMITTEE ON FINANCE FROM THE OFFICE OF STRATEGIC PLANNING NO. 7 AMEND LEASE AGREEMENT BETWEEN CITY OF BUFFALO AND BUFFALO AND ERIE COUNTY WORKFORCE FOR USE OF ADDITIONAL SPACE AT 401 CLINTON (JOHN F. KENNEDY COMMUNITY CENTER) ITEM NO. 121, C.C.P. 2/6/01 The Office of Strategic Planning, Division of Real Estate, has received a letter from Terrance Chatfield, Assist. Director of Buffalo and Erie County Workforce Development Consortium, Inc. requesting to lease 3,024 sq. ft, of additional space at the John F. Kennedy Community Center located at 401 Clinton. The Buffalo and Erie County Workforce is also requesting to extend their lease for an additional two years, which would result in their lease expiring on April 30, 2008. There current lease is a four (4) year lease commencing March 1, 2002 - April 30, 2006 for 11, 15:2 sq. ft. at Ten Dollars ($10.00) per sq. ft. Their annual rental is $111,520.00, which is paid in monthly installments of Nine Thousand Two Hundred Ninety -Three Dollars and Thirty -Three Cents ($9,293.33). The additional space would be on the 2nd floor space previously occupied by P.A. L. approx. 320 sq. ft- the game room approx. 1,638 sq. ft. and the space previously occupied by Community School Improvement Service Center approx. 1, 136 sq. ft. The total square footage to be leased would be 14,176 for an annual rental of $141,760 to be paid in monthly installments of Eleven Thousand Eight Hundred Thirteen Dollars and Thirty -Three Cents. ($11,813.33). All other terms of the lease shall remain the same. This office is requesting that Your Honorable Body approve the above - mentioned amendments, that the Corporation Counsel's Office prepare the necessary documents and authorize the Mayor to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 8 ABANDONMENT AND SALE PAPER STREET SOUTH PIERCE The Office of Strategic Planning, Division of Real Estate, has received a request from Patrick and Christine Sullivan and Donald and Pamela Grzebielucha to purchase the Paper Street South Pierce. Patrick and Christine Sullivan have recently purchased 41 South Pierce in order to build a home this coming spring. However, they would like to purchase 25' of the Paper Street (South Pierce) to alleviate problems with set back requirements. Donald and Pamela have recently constructed a new home at 40 South Pierce (a.k.a. 131 Seward) and would like to purchase the additional 25' in order to keep the property maintained and for extra yard space. The Division of Real Estate has contacted Land Use Planning, Sewer Authority, Fire, Police and the City Planning Board and they have indicated that they have no objections and /or conditions to the abandonment and sale of the Paper Street - South Pierce. The Dept. of Public Works, Parks & Streets has indicated that there are various easements on record. They have indicated that they would not be opposed to the abandonment and sale of said property on the following conditions: 1 . That the property is sold subject to the permanent easements of record and that no, permanent structures be built on or over the easements. 2. That the City will retain a 100' of land from the water in order to satisfy the 100' setback requirement along the Buffalo Creek. 3. The official closing, the abandonment of the Paper Street (South Pierce) does not become effective until the deed conveying the property is filed in the Erie County Clerk's Office. Please be advised that Patrick Sullivan works for the Dept. of Pubic Works, Donald Grzebielucha works for the Dept. of Permits and Inspections and Pamela Grzebielucha works the Office of Strategic Planning. Both parties will follow all requirements to acquire this parcel. Your Honorable Body may authorize the abandonment and sale of the property in accordance with Article 27, Section 27 -5 of the City Charter. Should you approve the abandonment and sale the purchaser is required to retain a real estate appraisal(s) at their own expense, for the purpose of fixing the value of the interest of the City in such property. The City will provide a list of appraisers established by the Appraisal Review board of the City. They results of our negotiations will be filed with Your Honorable Body for final approval. I am, therefore, recommending that Your Honorable Body approve the abandonment and sale of the Paper Street (South Pierce) with the above stated conditions. REFERRED TO THE COMMITTEE ON FINANCE NO. 9 CONTRACT PERSONNEL EMPLOYEES OR INDEPENDENT CONTRACTORS ITEM NO. 5, CCP 12/10102 Honorable Councilmembers: The Buffalo Urban Renewal Agency and BNRC acknowledge the audit report submitted by the Office of the Comptroller. BURA and BNRC also acknowledges the seriousness of the Comptroller's recommendations and considers them to be of value and worthwhile for review and implementation. Please be advised that we have contacted the Comptroller's Office to determine the basis for his findings that fifty -six (56) individuals failed one or more of the IRS tests for independent contractor status. In the meantime, both BURA and BNRC are performing an internal review of all contracts entered into during the period in question. I will report back to you upon receipt of the information from the Comptroller's Office and upon completion of our internal review. REFERRED TO THE COMMITTEE ON FINANCE NO. 10 PUBLIC NOTICE OF GRANT APPLICATION This is to inform the Honorable Body that the Buffalo Urban Renewal Agency has applied for funds available from the U.S. EPA under the Small Business Liability Relief and Brownfield Revitalization Act. This includes the following: Funds for Boone Park Cleanup: $200,000.00 Funds for Franczyk Park Cleanup: $200,000.00 Revolving Loan Fund grant: $1,000,000.00 If awarded, the funds will be used to remediate Boone and Franczyk Parks and to offer low interest loans to businesses located primarily in the Economic Development Zone and Renewal Communities, to assist in environmental remediation expenses. RECEIVED AND FILED NO. 11 REAL ESTATE PROPERTY AUCTION In accordance with Section 27 -4 of the City Charter I am requesting authorization to conduct a public; auction on January 30, 2003 at 9:00 a.m. in the Common Council Chambers. The properties to be auctioned consists of Ninety -Two (92) buildings acquired through tax foreclosure, one (1) vacant parcel of land and three (3) public buildings, which have been abandon for public use. A list is provided for your review. The terms of the auction will require any successful bidder to submit within 30 days to the City of Buffalo, Division of Real Estate, a detailed estimate of costs to repair the structures and proof of their financial ability to complete the purchase and repairs. No successful bidder will be allowed to take title to property who has outstanding arrears for taxes, water, garbage user fee, parking tickets or has outstanding code violations on property in the City of Buffalo. The auction will be conducted by Cash Realty and Auctions and will assist the Division of Real Estate with closing the property transactions. REFERRED TO THE COMMITTEE ON FINANCE NO. 12 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND VALLEY COMMUNITY CENTER FOR USE OF 87 LEDDY ITEM NO. 10, C.C.P. 1/6/98 Pursuant to Item No. 10, C. C. P. 1/6/98 Your Honorable Body authorized a five (5) year lease agreement between the City of Buffalo and the Valley Community Association for use of 87 Leddy The current lease will expire on December 31, 2002. The Office of Strategic Planning, Division of Real Estate, has received a request for valley Community Association to renew their lease for an additional five (5) year period to commence January 1, 2003 and expire on December 31, 2007. This office recommends that Your Honorable Body renew their present lease agreement for an additional five (5) year period to commence on January 1, 2003 and expire terminate on December 31, 2007. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to Execute the same. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, date December 19, 2002, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to renew the lease between the City and Valley Community Association. for use 87 Leddy for an additional five (5) year term commencing on January 1, 2003 an( expiring December 31, 2007. 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. 13 RESULT OF NEGOTIATIONS 152 ROTHER, 491.69' N STANISLAUS LOT SIZE: 30'X 97' ASSESSED VALUATION: 1,500 154 ROTHER, 521.69' N STANISLAUS LOT SIZE: 30'X 971 ASSESSED VALUATION: $1 The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Mahebub Patel and Mrs. Hasina Patel, 167 Sobieski Street, Buffalo, New York 14212 to purchase the above properties. Mr. and Mrs. Patel own and reside at 167 Sobieski. They also own vacant lots at 162 and 156 Rother, which are adjoining 154 and 152 Rother Street. Their plans are to extend their property line and use for additional yard space. The Division of Permits and Licenses and the Division of Collections have no objections to the sale. There are no outstanding taxes, building code violations, or other liens owed to the City by the purchasers. The Division of Real Estate has determined that sale prices in the area for similar lots range from fifteen cents (.15) to twenty cents (.20) per square foot. The results of our negotiations are that Mr. and Mrs. Patel have agreed and are prepared to pay one thousand dollars ($1,000). They have also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of 152 and 15 Rother Street to Mr. and Mrs. Patel in the amount of one thousand dollars ($1,000). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 14 RESULT OF NEGOTIATIONS 34 TRACEY, E COR. S ELMWOOD LOT SIZE: 31'X 901 ASSESSED VALUATION: 11,200 The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Joseph Mosey, 310 Delaware,LLC, 625 Delaware Avenue, Buffalo, New York 14202 to purchase the above property. Mr. Mosey ,Jr intends to use the property for additional parking for his business. The Division of Permits and Licenses and the Division of Collections have no objections to the sale. There are no outstanding taxes, building code violations, or other liens owed to the City by the purchaser. An independent appraisal of the property was conducted by David Kompson, of Richard Bronstein Appraisal. He has estimated the value of the property to be three thousand two hundred fifty dollars (f 3,250.00). The Division of Real Estate concurs with the appraiser's estimate of value. The results of our negotiations are that Mr. Mosey has agreed and is prepared to pay three thousand two hundred fifty dollars ($3,250.00). He has also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 34 Tracey Street to Mr. Mosey in the amount of three thousand two hundred fifty dollars ($3,250.00). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 15 TRANSFER JURISDICTION OF FORMER PRECINCT NO. 17 627 COLVIN TO FIRE DEPARTMENT The Office of Strategic Planning, Division of Real Estate, has received a request from Fire Commissioner Calvin Worthy indicating that they would like the former Precinct No. 17 transferred to the Fire Department's jurisdiction. Precinct No. 17 adjoins Engine No. 38, Ladder 13 and they are requesting to transfer this building to their jurisdiction in order to house their Fit for Fire Gym. This building was transferred to the City Clerk, pursuant to Item No. 104, C.C.P. 12/12/95 for Records Management Storage. However, Records Management has since vacated the building. Therefore, the Office of Strategic Planning, Division of Real Estate, is recommending that Your Honorable Body authorize the transfer of jurisdiction of Former Precinct No. 17 to the Fire Department. As a result the Fire Department will maintain said structure. REFERRED TO THE COMMITTEE ON FINANCE NO. 16 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 342 FOURTEENTH (CITY OWNED- VACANT LOT, 34' X The Office of Strategic Planning has surveyed the city -owned vacant lot at 342 Fourteemth Street Buffalo, New York 14213, parcel is 34' x 71' in dimension; and it has been determined that this parcel is appropriate for either the construction of new housing or needed for public purposes. Mr. Sam Bellia residing at 288 Rhode Island has indicated that he will clean, improve and maintain the lot in the event that he obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. Th, code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city -owned vacant lot to be designated as a homestead Property and be transferred to Mr. Sam Bellia on the condition that the property is cleaned and maintained in a sanitary manner. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning dated, December 16, 2002, be received and filed; and That the city -owned property commonly known as 342 Fourteenth Street, hereby designated as Homestead Property, and that the Mayor be, and he hereby 1 authorized to execute a deed transferring said property to Sam Bellia, residing at 28 S Rhode Island, for the amount of One Dollar ($ 1.00) and no more, and all cost transfer, on the condition the property is cleared and improved within six (6) months Maintained in a sanitary manner. PASSED AYES -13 NOES -0 NO. 17 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 221 GREY (CITY OWNED- VACANT LOT, 25' X 191') The Office of Strategic Planning has surveyed the city -owned vacant lot at —221 Grey Buffalo, New York 14211, parcel is 25' x 191' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Almer E. Jones residing at2 19 Grey has indicated that he will clean, improve and maintain the lot in the event that he obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city -owned vacant lot to be designated as a Homestead Property and be transferred to Mr. Almer E. Jones on the condition that the property is cleaned and improved within (6) months and maintained in a sanitary manner. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning dated December 16, 2002, be received and filed; and That the city -owned property commonly known as 221 Grey, is hereby designated, as Homestead Property, and that the Mayor be, and he hereby is authorized to execute, deed transferring said property to Almer E. Jones, residing at 219 Grey, for the amount of One Dollar ($1.00) and no more, and all costs of transfer, on the condition fi -le property cleared and improved within six (6) months and maintained in a sanitary manner PASSED AYES -13 NOES -0 NO. 18 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 386 GUILFORD (CITY OWNED- VACANT LOT, 30' X 94') The Office of Strategic Planning has surveyed the city -owned vacant lot at '186 Guilford, Buffalo, New York 14211, parcel is 30' x 94' in dimension; and it has been determined that this parcel is inappropriate of either the construction of new housing or needed for public purposes. Ms. Susan Roberts residing at 390 Guilford has indicated that she will clean, improve and maintain the lot in the event that she obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no proper code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city -owned vacant lot to be designated as a Homestead Property an be transferred to Ms. Susan Roberts on the condition that the property is cleaned and improved within months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 19 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 409 MASTEN (CITY OWNED- VACANT LOT, 3 0' X 100') The Office of Strategic Planning has surveyed the city -owned vacant lot at 409 Masten, Buffalo, Ne York 14209, parcel is 3 0' x 100' in dimension; and it has been determined that this parcel is inappropriate ft either the construction of new housing or needed for public purposes. George & Thelma Smith residing at 413 Masten has indicated that they will clean, improve and maintain the lot in the event that they obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteaders. We, therefore, recommend that the city -owned vacant lot to be designated as a Homestead Property a be transferred to George & Thelma Smith on the condition that the property is cleaned and improved within months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 20 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 20OREED (CITY OWNED- VACANT LOT,3O'XII5') 202REED (CITY OWNED- VACANT LOT, 30— XI15') The Office of Strategic Planning has surveyed the city -owned vacant lots at 200 & 202 Reed, New York 14211, both parcels being 30' x 115' in dimension; and it has been determined that these parcels a inappropriate for either the construction of new housing or needed for public purposes. Mr. Jeffrey Still residing at 204 Reed Street has indicated that he will clean, improve and maintain the lots in the event that he obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city -owned vacant lots to be designated as a Homestead Property an be transferred to Mr. Jeffrey Still on the condition that the properties are cleaned and improved within months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 21 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 369 RILEY (CITY OWNED- VACANT LOT, 30' X 97') The Office of Strategic Planning has surveyed the city -owned vacant lot at '369 York 14208, parcel is 30 ", x 97' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Ms. Alice Atwood residing at 371 Riley has indicated that she will clean, improve and maintain the lot in the event that she obtains title to the property under the Urban Homestead Program The 'Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homestead, We, therefore, recommend that the city -owned vacant lot to be designated as A Homestead Property and be transferred to Ms. Alice Atwood on the condition that the property is cleaned and improved within 6 months and maintained in a sanitary manner. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning dated December 16, 2002, be received and filed; and That the city -owned property commonly known as 369 Riley, is Hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized execute a deed transferring said property to Ms. Alice Atwood, residing at 371 Riley the amount of One Dollar ($ 1.00) and no more, and all costs of transfer, on the cc the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -13 NOES -0 NO. 22 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 3 5 WYOMING (CITY OWNED- VACANT LOT, 3 0' X 118') The Office of Strategic Planning has surveyed the city -owned vacant lot at 35 Wyoming, Buffalo, New York 14215., parcel is 30' x 118' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Ms. Ambrosine Phillips residing at 31 Wyoming has indicated that she will clean, improve and maintain the lot in the event that she obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city -owned vacant lot to be designated as a Homestead Property an be transferred to Ms. Ambrosine Phillips on the condition that the property is cleaned and improved within 6 months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER No. 23 City of Buffalo Police Department Federal Asset Forfeiture Account Annual Certification Report For Fiscal Year Ending June 30, 2002 This is to advise that copies of the City of Buffalo Police Department Federal Asset Forfeiture Account Annual Certification Report for the fiscal year ending June 30, 2002 have been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor and the Budget Office. Included therein is the Independent Auditor's Report of Lumsden & McCormick, LLP. This report is available as a public record for inspection by all interested parties. Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested persons. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF POLICE No. 24 Resignation of Deputy Comptroller Maurice Garner This is to notify the Common Council that I have accepted the resignation of Deputy Comptroller Maurice Garner to be effective at the close of business on December 27, 2002. Mr. Garner is resigning his position to take a position outside of city government. RECEIVED AND FILED NO. 25 City's Financial Statements As city comptroller, I feel obligated to respond to you concerning the letter received from the state comptroller's office (12/11) advising that our annual financial report is overdue. While it is true that we are technically overdue in filing our report, it is also true that all 22001 -2002 fiscal information has been entered on the MUNIS system and is available for review or other uses. Our auditors, Ernst and Young, are completing their audit of this information and we hope to have final audited results for the City General Fund by January 15 th. We are presently one month ahead of the 2000 -2001 closing, and two months ahead of 1999 -2000, our first with the MUNIS system. As part of our close working relationship with the Wall Street credit rating agencies, they have been advised of our reporting schedule. Because of changes in reporting requirements and the implementation of ,GASB #34, we can no longer issue separate audited Primary Government City of Buffalo financial statements. (The Governmental Accounting Standards Board established a new financial reporting model for state and local governments in GAS13 Statement No. 34, Basic Financial Statements -and Management's Discussion and Analysis -for State and Local Governments.) All audited statements are required to be government -wide. This means they must include the financial results of the Board of Education and the Buffalo Urban Renewal Agency, as well as the City. The attached letter from the school district states the Board of Education does not expect to complete their audit before mid - February. They have implemented a new financial reporting system this year that has delayed their closing. We have also not received final numbers from BURA. We cannot complete the financial statements until we received their data. Bat let me restate that all of the City's financial information for 2001 -02 is correct on the MUNIS systems, so any reports generated or account inquiry will have final accurate balances. If you have any questions, please contact my office immediately. REFERRED TO THE COMMITTEE ON BUDGET FROM THE PRESIDENT OF THE COUNCIL NO. 26 APPOINTMENT TO THE Bi- National Bridge Task Force I am appointing Mr. Bruce Jackson to the Bi- National Bridge Task Force. Mr. Jackson resides at 96 Rumsey Road, Buffalo, New York 14209 and is a distinguished Professor at the University at Buffalo Department of English where he has taught for thirty - five years. Mr. Jackson has regularly attended the Council's Bi- National Task Force meetings for a number of years in his capacity as a journalist and concerned Buffalonian. In his capacity as a journalist Mr. Jackson has been a tour de force in chronicling the Peace Bridge public process. His articles and photographs of policies, meetings, forums and issues have provided important information and assessments to the public. This at a time when the Environmental Impact Study is about to be finalized and various bridge and plaza alternatives ate decided pursuant to the public workshops and hearings. It is my view that Mr. Jackson is qualified to serve as a member of the Task Force and his participation is welcomed. RECEIVED AND FILED NO. 27 COMMERCIAL BUSINESS RATE CHANGE Per the request of Mark Jaskula, I am enclosing additional information regarding Adelphia's announced Commercial Business Rate Change. Basic a -la -Carte for Bars /Restaurants Occupancy Current January Basic Service- 1 -100 $55.00 $39.95 (Includes Broadcast service, but 101 -200 $75.00 $59.95 does not include a -la -carte 201 + $100.00 $79.95 sports programming listed below. This is required for all sports services.) ESPN Ind in Basic $24.95 ESPN2 Ind in Basic $24.95 Empire Sports Ind in Basic $39.95 MSG Ind in Basic $39.95 YES 1 -50 Ind in Basic $49.95 (Yankee Entertainment & 51 -100 Ind in Basic $69.95 Sports Network) 101 -150 Ind in Basic $97.95 151 -200 Ind in Basic $124.95 201 -300 Ind in Basic $149.95 301-500 Ind in Basic $174.95 500+ Ind in Basic $224.95 Broadcast Service Only $19.95 $ 19.95 Additional Outlets $10.00 $ 10.00 'Discounted Package Pricing Available Basic Service for Businesses Occupancy Current January Broadcast Service $19.95 $19.95 Basic Service $43.95 $49.95 Additional Outlets $10.00 $10.00 Digital Services Digital Terminals N/A $6.50 ESPN News N/A $12.95 Fox Sports World N/A $19.95 The Golf Channel N/A $14.95 Digital Value Package $ 29.95 $44.9.5 (Incl services above plus all other digital channels, an interactive program guide and access to College and Pro. Sports Pkgs such as the NHL, NBA, and MBL.) Music Choice 1 -100 $29.95 $29.95 101 -200 $49.95 $49.95 201+ $74.95 $74.95 Power Link Small Business Basic $61.95 $61.95 with modem $69.95 $69.95 Small Business Plus $119.95 $119.95 with modern $129.95 $129.95 If you have any further questions, please do not hesitate to contact me at 558 -8545. REFERRED TO THE COMMITTEE ON TELECOMMUNICATIONS NO. 28 BUFFALO LIFE SCIENCES PROJECT Dormitory Authority of the State of New York State Environmental Quality Review (SEAR) Negative Declaration Notice of Determination of No significance for the Buffalo Life Sciences Complex (Roswell Park Cancer Institute Corporation and State University of New York University at Buffalo), City of Buffalo, Erie County, New York Enclosed herewith is a copy of the Dormitory Authority's State Environmental Quality Review (SEAR) Negative Declaration Notice of Determination of Non significance ( dated December 16, 2002) for the above - referenced project. Should you require any additional information, please contact me at: Mr. Jack D. Homkow, Director, Office of Environmental Affairs, Dormitory Authority of the State of New York, One Penn Plaza, 52nd Floor, New York, New York 10119 -0098, or telephone at (212) 273 -5033. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 29 H. TAYLOR — REVITALIZE FRUIT BELT /BFLO NIAGARA MEDICAL CAMPUS As you are aware, the Center for Urban Studies has undertaken a feasibility study for a project to revitalize the Fruit Belt /Buffalo Niagara Medical Campus. The study also investigated the importance of Tax Increment Financing (TIF) as a primary means for funding the project. Nearing completion of the feasibility study, I am pleased to offer you a summary report, to date. The summary indicates the background and the need for the project. It shows the amount required for rehabilitation, new construction, and infrastructure. The summary also includes the level of public and private sector involvement, and finally, an analysis of the TIF. A draft of the full report has been circulated for final comments and will be available shortly. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 30 Special Meetings on Inner Harbor I am requesting the Community Development Chair, Councilmember Antione Thompson, to hold a series of special meetings concerning the current progress and expenditure of funds for the Inner Harbor. The alarm that has been expressed by Congressman Jack Quinn that federal funds allocated for various projects on the Waterfront may be jeopardized is a great cause for concern. The importance of the Council's oversight on this issue is to evaluate the current status of the project, it is also important to restore the Council's role in providing a check and balance to the existing management of the Community Development Block Grant and other development programs. Since the implementation of the new City Charter in 2000, the Community Development functions have all been placed directly under the Mayor's Office of Strategic Planning. This has resulted in executive policies, which have often left the Common Council out of the involvement of project deliberations and evaluations of important projects such as the redevelopment of the Inner Harbor. The current situation results in the Council either reacting to failed policy such as the Adelphia project or reading about inertia, which seems to be the concern expressed by Congressman Quinn. The Council's Community Development Committee should invite Congressman Quinn, the city's development staff, and representatives from the Empire State Development Corporation to appear at these hearings to provide reports on the obstacles and progress with developments at the Inner Harbor. There are at least 50 million reasons why this should occur REFERRED TO THE COMMITTEE ON COMMUNUTY DEVELOPMENT NO. 31 INFO PARKING ON CHIPPEWA ST We are writing this letter to you in regards to the parking situation on Chippewa Street for Thursday, Friday and Saturday nights, Although the restrictions are posted, there are sign poles with as many as four (4) signs on them and we find that these signs serve to confuse rather than inform our patrons. We feel that the present regulations are at the very least in dire need of review and that some changes most certainly must be made. As the owners of five establishments located in the heart of the Chippewa St. Entertainment District (Soho Bar, Shaker Lounge, McMONKEEZ Tropical Pub, Barristers Speakeasy and the newly opened LEVEL Nightclub) we have invested a considerable amount of effort and millions of dollars into our businesses and the Chippewa area in general. We feel (and we hope you will agree) that our properties are a major asset to the City of Buffalo and serve to attract thousands of patrons from all over Western New York into the Chippewa District and the city. Our companies employ over 175 people and we invest major time, effort and money into attracting customers to the downtown area. It is therefore, very distressing to see patrons, many of whom are first time visitors to the Chippewa district, come out for an evening of enjoyment in our area only to be greeted by the outrageous fees charged by many of the area parking lots. Those who are fortunate enough to find a spot on our street end up having their vehicles ticketed or worse yet, towed. These factors certainly go a long way toward discouraging repeat business in the downtown area when these same people could just as easily spend their time (and money) in the suburbs rather than in the city. We realize that there are legitimate reasons behind many of the parking restrictions. However, in the interest of downtown business and the common good, we feel that some compromises can surely be made. We Thank You for your attention to this matter., REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 32 Notification Serial #9533 Repeal Stop Signs in Almont Place at Midland Street STOP SIGNS.-REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 9 Section I I of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Almont Place Midland Street This action is being taken to match existing field conditions.(see next serial) Notification Serial #9534 Install Stop Signs in Midland Street at Almont Place STOP SIGNS (ALL -WAY) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances., as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 9 Section I I of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Midland Street Almont Place This action is being taken to match existing field conditions.(see previous serial) REFERRED TO THE COMMITTEE ON LEGISLATION NO. 33 Change in Contract, Group -4602 Change Order No. I Repair to City Pavements II - 2002 Thomann Asphalt Paving, Inc. Contract # 92010686 1 hereby submit to your Honorable Body the following unit price additions for the subject contract. This change order was necessary to enable our department to make improvements to the concrete approaches in conjunction with asphalt paving of the following streets: Harvest - St. Lawrence to Kenmore Avenue Gunnell - St. Lawrence to Kenmore Avenue Duluth - St. Lawrence to Kenmore Avenue Thomann Asphalt had agreed to reduce the contract unit bid price from $4.00 /sq.ft. to $3.40 /sq.ft. due to the increase in volume of work required. Change Order #1 Contract Unit Item Description Unit Price 90.500 Construction Allowance 100% As Necessary (2,939.81 sq.ft. x $3.40 = $9,995.35) 613.0101 Topsoil Cu.Yd. $30.00 Estimated Estimated Quantity Cost .199907 $9,995.35 50 $1,500.00 Total $11,495 Contract Summary Original Contract Amount $131,505.00 Changer Order #1 $11,495.35 Total Contract $143,000.35 Funds are available in our Capital Projects Account #30032106 -445 100. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works to issue Ad Change order to Thomann Asphalt, Inc. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 17, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Thomann Asphalt, Inc., an increase in the amount of $11,495.35, as more fully described in the above communication, for work relating to City Pavements II - 2002 Contract #92010686. Funds for this project are available Capital Projects Account #30032106 -445 100. Passed AYES -13- NOES -0 No. 34 Change in Contract Pratt Willert Community Ctr Interior Renovations I hereby submit to Your Honorable Body the following changes for the, Pratt Willert Community Center, Interior Renovations, The Peyton Barlow Co., Inc. C #92010590 1 .Furnish and install (4) frame mirrors in Rooms 110, 111 and 115. Add $ 863.00 2. Remove and replace hardwood floor at southwest exit door in gym. Add $ 1,380.00 3. Provide cleaning of the (2) HVAC systems serving the main building. Add $ 3.996.00 4. Provide carpet and vinyl base in Exercise Room #113. Add $ 765.00 5. Furnish and install mini blinds on all interior windows. Add $690.00 6. Furnish and install mini blinds on all exterior windows. Add $1,150.00 7. Furnish and install new entrance doors and hardware required to repair or replace existing. Add $20.208.00 8. Paint floor at the interior of the keys and the inner circle at the center of the court. Add $489.00 The foregoing change results in a net increase in the contract of Twenty Nine Thousand Five Hundred Forty One and 00/100 Dollars ($29,541.00). Summary: Current Contract Amount $62,429.00 Amount of This Change Order ( #2) Add $29,541.00 Revised Contract Amount $91,970.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 30014706 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works ,Parks & Streets to issue a change order to the contractor as set forth above, Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 5, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to The Peyton Barlow Co., Inc., an Increase in the amount of $29,541.00, as more fully described in the above communication, for work relating to the Pratt Willert Community Center, Interior Renovations, C #92010590. Funds for this project are available in CPF 30014706 445 100 - Division of Buildings. Passed AYES -13- NOES -0 No. 36 Change in Contract Change Order No. I Storm Damage Sidewalk Repair - 200 - Sicilia Construction Co., Inc Contract 4 9201069 1 hereby submit to our Honorable Body the following unit price additions for the subject contract. This change order was necessary to enable our department to correct hazardous concrete sidewalk locations on Jefferson from East Ferry to East Utica. Change Order #1 Contract Item Description 'R05.204 Concrete Sidewalk - 4" replace Sq. Ft. 613.0101 Topsoil Unit Estimated Estimated Unit Price Quantity Cost $2.83 10,182.15 $28,815.48 $888.00 $37.00 24.00 Total $29,730.48 'Agreed Price Contract Summary Original Contract Amount $264,788.70 Changer Order 91 $29,703.48 Total Contract $294,492.18 Funds are available in our Capital Projects Account #30001606 -445 100. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works to issue said change order Sicilia Construction Co., Inc. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 16, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Sicilia Construction Co., Inc., an increase in the amount of $29,703.48, as more fully described in the above communication, for work relating to Storm Damage Sidewalk Repair - 2002, C #9201069. Funds for this project are available Capital Projects Account #30001606 -445 100. Passed AYES -13- NOES -0 No. 36 Permission to Accept Grant F. NYSDEC Tree Removal C- 302137 The City of Buffalo has been awarded a $25,000 grant from the New York State Department of Environmental Conservation (NYSDEC) for removal of hazardous trees on a citywide basis. Permission is requested from Your Honorable Body authorizing the city to enter into all necessary agreements with NYSDEC to execute the grant. The city is required to p— funds, which are available in our Capital Project Account #35310106. In addition, we are requesting a change order in the amount of $50,000 dollars to existing tree contract #92010551 with Schnecks's Tree Removal Incorporated to facilitate this work. Existing contract amount $150,157.40 Amount this change (NYSDEC Grant) 50,000.00 Revised contract amount $200,187.40 Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 19, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he here authorized to enter into all necessary agreements with New York State Department Environmental Conservation to execute the $25,000 grant for removal of hazardous tree on a citywide basis. That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Schneck's Tree Removal Incorporated, Contract #920109551 in the amount of $50,000. Matching funds are available in Project Account #35310106. Passed AYES -13- NOES -0 No. 37 Permission to Enter into Agreement w /NYSDOT Provide Matching Funds South Park Ave. Lift Bridge over the Buffalo River BIN #2260660 PIN #6766.72 Permission is requested from Your Honorable Body to authorize the Mayor of the City of Buffalo to enter into all necessary agreements with the New York State Department of Transportation (NYSDOT) to administer, design, bid and construct of the South Park Ave. Lift Bridge PIN #5755.72 In addition, permission is requested for the City to commit funding necessary for first costs and all related Federal and Non - Federal shares of project costs. The City of BU" costs for this project is anticipated to be 5 %. Costs estimates for the work, including engineering costs are $8.023 million dollars and the City's share of costs will be available in our for Local Match Reserve. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 19, 2002, be received and filed; and That the Mayor be, and he hereby is authorized to enter into all nec2ssary agreements with the New York State Department of Transportation to administer, design bid and construct of the South Park Avenue Lift Bridge PIN #5755.72. Local Match Reserve funds are available in a Capital Account. Passed AYES -13- NOES -0 No. 38 Permission to Hire Engineering Consultant Union Ship Canal Phase I Roadway Infrastructure Permission is requested from Your Honorable Body authorizing the Department Works, Parks and Streets to hire an engineering consultant to design, bid, administer inspection services for Phase I infrastructure at the Union Ship Canal. The city has been awarded a $4.0 million dollar N.Y. State Multi -Modal grant for this work. Construction is anticipated to start in the spring /summer of 2003 and funds for design and are available in our Capital Project Account #33856806. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, and Streets dated December 19, 2002 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he her authorized to hire an engineering consultant to design, bid, administer and provide inspection services for Phase I infrastructure at the Union Ship Canal. Fu lids for c and are available in Capital Project Account #33856806. Passed. AYES -13- NOES -0 No. 39 D. Zuchlewski -B lack Rock /Riverside Good Neighbor Plan Alliance Item #75, C.C.P. 10/15/02 The referenced item was sent to this department for comment. We have reviewed the report, paying particular attention to the report of the Streets Services Committee. We find their goals to be achievable and their requests for assistance within reason. This department looks forward to working with the Alliance on their plan. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF POLICE NO. 40 D. ZUCHLEWSKI - BLACK ROCK /RIVERSIDE GOOD NEIGHBORS PLAN. ALLIANCE - HISTORY, ETC." ITEM 475, C.C.P. OCTOBER 15. 2002:] In response to the aforementioned item, I commend the members of the Black Rock Riverside Good Neighbors Planning Alliance for their efforts, and would be happy to schedule a representative to meet with the group to address specific law enforcement issues. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 41 CERTIFICATE OF APPOINTMENT Appointment Effective: December 18, 2002 in the Department of: Police to the Position of Police Captain, Contingent Permanent Promotion at the Flat Starting Salary of $ 64,801 Christine Giardina, 341 Willow Green Drive, Amherst, NY 14150 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 42 CERTIFICATE OF APPOINTMENT Appointment Effective: December 18, 2002 in the Department of: Police to the Position of: Police Captain, Permanent Promotion at the Flat Starting Salary of $ 64,801 Patrick Riechmuth, 55A Autumncreek Lane, E. Amherst NY 14051 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 43 CERTIFICATE OF APPOINTMENT Appointment Effective: December 18, 2002 in the Department of: Police to the Position of: Police Inspector Permanent Promotion at the Flat Starting Salary of $ 71,307 David J. Andrews, 121 S. Pontiac Street, Buffalo, N.Y. 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 44 CERTIFICATE OF APPOINTMENT Appointment Effective: December 18, 2002 in the Department of: Police to the Position of: Police Inspector, Contingent Permanent, Promotion at the Flat Starting Salary of $ 71,307 Claudia A. Childs, 50 Applewood Road, Cheektowaga, N.Y. 14225 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 46 CERTIFICATE OF APPOINTMENT Appointment Effective: December 18, 2002 in the Department of Police to the Position of: Police Lieutenant, Permanent Promotion at the Flat Starting Salary of $ 56,560 Patrick Pascall, 53 Sunset Creek Drive, W. Seneca, NY 14224 Michael Derenda, 12 Dover Street, Buffalo, NY 14212 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 46 CERTIFICATE OF APPOINTMENT Appointment Effective: December 18, 2002 in the Department of: Police, to the Position of: Police Lieutenant, Contingent Permanent Promotion at the Flat Starting Salary of $ 56,560 Robert A. Macey, 34 Camner Avenue, Lancaster, NY 14086 Randall W. Ammerman, 30 Quail Hollow Road, Lancaster, NY 14086 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 47 CERTIFICATE OF APPOINTMENT Appointment Effective: December 18, 2002 in the Department of: Police to the Position of Police Officer, Permanent Appointment at the Intermediate Starting Salary of $ 42,486 John Caruso, 34 Warsaw Street, Cheektowaga, NY 14206 Corey King, 171 Brookside, West Seneca, NY 14220 Isaac K Johnson, 40 Pansy Place, Buffalo, NY 14208 Judith Bigelow, 143 Kenefick, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 48 CERTIFICATE OF APPOINTMENT Appointment Effective December 18, 2002 in the Department of: Police to the Position of Police Officer, Permanent Appointment at the Intermediate Starting Salary of $ 39,306 Jeffrey Banes, 52 Avondale Place, Buffalo, NY 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 49 CERTIFICATE OF APPOINTMENT Appointment Effective: December 18, 2002 in the Department of Police, to the Position of Police Officer, Contingent Permanent Appointment at the: Intermediate Starting Salary of $ 39,306 Derrick Banaszak, 509 Roycroft Blvd, Cheektowaga NY 14225 Linda McDonald, 22 Payson Street, Buffalo, NY 14220 David O'Brien, 161 Marine Drive - Apt 7, Buffalo, NY 14202 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 50 CERTIFICATE OF APPOINTMENT Appointment Effective December 18, 2002 in the Department of: Police to the Position of Police Officer Temporary Appointment at the Intermediate Starting Salary of $ 39,306 Christopher Sterlace, 68 Trowbridge Street, Buffalo, NY 14220 Shawn D. Adams, 1061 Tonawanda Street, Buffalo, NY 14207 David Barczak, 98 Sheffield Avenue, Buffalo, NY 14220 David Rachuna, 71 Marbeth Court, Buffalo, NY 14220 Timothy Wagner, 31 Gallatin Avenue, Buffalo, NY 14207 Donna Benitez, 132 Marine Drive, Amherst, NY 14228 Eric Fuller, 94 Eller Avenue, Buffalo, NY 14211 John Evans, 366 Eden Street, Buffalo, NY 14220 Denise Casey, 72 Dundee Street, Buffalo, NY 14220 Mark White, 169 Norman Street, Buffalo, NY 14210 Charles Clifford, 15 Brookside Drive, Buffalo, NY 14220 Sollie Boone, 66 Mulberry Street, Buffalo, NY 14204 Tina Ferraro, 339 Crowley Avenue, Buffalo, NY 14207 Patricia A. Parete, 380 Richmond Avenue, Buffalo, NY 14215 Steven Alvarez, 101 Tamarack, Buffalo, NY 14220 Jennifer Zanghi, 15 Franklin Street, Williamsville, NY 14221 Suzanne Bohen, 156 McKinley Parkway, Buffalo, NY 14220 Steven Maslowski, 311 Parker Avenue, Buffalo, NY 14216 Anthony Szymkowiak, 55 Trowbridge, Buffalo, NY 14220 Melissa LeBron, 105A Atruria St, Buffalo, NY 14220 James Scherer, Jr., 147 Marine Dr., Apt 7E., Buffalo, NY 14202 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 61 FIRE HOUSE CLOSING ITEM #72, C.C.P. 03/18/97 The flame studies performed by Dr. Thill from the University of Buffalo concur my past recommendations to close Engine 16, formerly located at Jefferson & Kingsley Engine -21 and Ladder -6 and Engine- 18, formerly located at 103 0 Fillmore Ave I therefore, recommend that these two companies remain closed. In the event that these two companies are reopened, we will be forced to use our reserve apparatus which are 1984 Pirsch's as a first line engine company. Any e4uipmen more than ten years old is only used in emergencies or as reserve units. The average lift expectancy for first line apparatus is ten (10) years per NFPA recommendation. Both of these apparatus have exceeded their life as first line companies. This first line equipment would to be used for at least six to eight months until new apparatus could be ordered and received, Inserting these two reserve apparatus on the front line depletes our reserve fleet to only for the entire city. These are a 1980,1981, and 1983. Mr. LoTempio moved: That the above communication from the Commissioner of Fire dated December 17, 2002 be received and filed- and That pursuant to the authority granted under Section 14 -11 of the Charter of the City of Buffalo, the Commissioner of Fire be, and he hereby is, authorized to temporary close Engine 16 located at Jefferson and Kingsley and Engine IS located at 1030 Fillmore Avenue for one (1) year, effective January 1, 2003. No future closings will take unless they are part of a comprehensive re- engineering plan which proves that adequate coverage will be maintained within the service area previously covered by the proposed closed companies. Such re- engineering plan may include the construction or refurbishment of new fire company locations, alternative methodologie,; for fire emergency medical services deployment and alternatives to fire company closing. Such plan will include the feasibility and implementation of a merger between the City of Buffalo and Lackawana Fire Departments. The Fire Department will maintain a departmental presence at Engine 18, and upon completion of necessary infrastructure construction, Rescue One will be moved to Jefferson and Kingsley within 30 days of this approval. If that is not done this approval shall be null and void. During this period, a comprehensive review of Fire Department operatic take place to determine the best course of action to address the future needs of the Department. The Commissioner will work with a special task force appointed by the Mayor which may include members of the Council, Fire Department administer. Local 282, private citizens and the Commissioner of Human Resources to analyze, results of the review and to make recommendations on future implementation PASSED AYES — BONIFACION, COPPOLA,DAVIS, FONTANA, FRANCZYK, GOLOMBEK, LOTEMPIO— 7 NOES — FISHER, GRANT, GRAY, MARTINO, PITTS, THOMPSON -6 NO. 52 GRANT EME- 2001 -GR -078 ($15,0001) FOR "OPERATION SAFE HOME" The Buffalo Fire Department has received a $15,000 grant from the International Association of black Professional Fire fighters /FEMA Fire Prevention Grant EME- 2001 -GR -078. These funds will be used for OPERATION SAFE HOME to purchase smoke and Carbon monoxide detectors as well as to raise public awareness through fire safety education. Cooperative partnerships have been established with Fire Survival Inc. and MOCHA Society, Inc to strengthen our shared commitment to save lives and protect property in the City of Buffalo. We are requesting approval to expend funds as per the grant guidelines. Mrs. LoTempio moved: That the Commissioner of Fire be and hereby Is authorized to accept and expend $15,000 in grant funds from the International Association of Black Professional Firefighters /FEMA Fire Prevention Grant EME -2001 -GR -078 for operation safe home. PASSED AYES - 13 NOES -0 FROM THE CORPORATION COUNSEL NO. 53 CITY OF BUFFALO V. MARINE MIDLAND BANK INDEX NO. 1- 1995 -875 PURPOSE: To recommend that the City of Buffalo ( "City ") accept the amount of Ten Thousand Dollars ($10,000.00) to resolve a pending lawsuit between the City and Marine Midland Bank ( "Marine "). BACKGROUND- In 1989, the City maintained a checking account with Marine. In the beginning of 1989, sixty -six (66) blank checks were stolen from a walk -in safe in Room 1214 of City Hall. The theft was discovered when a Marine teller called the City to verify the authenticity of one of the checks. Before the theft was discovered and stop payments could be put in place, fourteen (14) checks totaling approximately Forty -six Thousand Dollars ($46,000.00) had been cashed and charged to the City's account. Two individuals were criminally prosecuted and convicted for the theft. The City fully participated in the criminal case and actively requested restitution. After those efforts failed, the City sued Marine in 1995 for their alleged failure to more quickly detect the forgeries- After lengthy discussions, Marine has offered Ten Thousand Dollars ($10,000.00) to resolve this litigation. DISCUSSION: Marine has offered Ten Thousand Dollars ($10,000.00) based on several factors. First, the City was able to place a stop payment order and cut our losses as a result of Marine's notification. In other words, the theft and subsequent cashing of unauthorized checks was not discovered by the City's own efforts in either noticing the absence of the sixty -six (66) checks or by promptly reviewing our statements to detect unauthorized expenditures. Second, the forgery in this case was difficult for Marine to detect in that the signatures of the City of Buffalo Comptroller and the Commissioner of Administration and Finance had been affixed to the checks rather than hand drawn by the forger. We have attached a copy of a check that was presented to the bank to demonstrate the method of forgery that was used. As a result, even if the bank had manually checked the authorized account signatures with the checks that were presented it would have been difficult to detect the forgery. Finally, in commercial litigation such as this, Marine is permitted to raise the City's alleged failure to safeguard the checks and the facsimile stamp of the Comptroller and the Commissioner of Administration and Finance. Accordingly, these issues should factor into any settlement, In the event this case is to proceed further, it is likely that the City would not recover more than Ten Thousand Dollars ($ 10, 000. 00) without incurring significant additional costs and the time and expense of litigation. RECOMMENDATION: Based on the above, the City Law Department recommends that the City accept the amount of Ten Thousand Dollars ($10,000. 00) to resolve this matter. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 54 PERSONNEL INFORMATION REQUESTED PERTAINING TO CITY OF BUFFALO BUILDING INSPECTORS I hereby transmit the following information regarding the gender and ethnic make -up of the Building Inspectors in this department. This information was requested by the Common Council at the meeting held Tuesday. December 10. 2002: This department currently employs 65 Building Inspectors- all are male: 63 are Caucasian, I is Black and I is Hispanic REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE N0. 55 CERTIFICATE OF APPOINTMENT Appointment effective December 6, 2002 in the Department of Permit & Inspection Services, Division of Inspections to the Position of Building Inspector Permanent Appointment at the Intermediate (step 3) Starting Salary of $ $40,838. Kevin Coyne, 33 Arbour Lane, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 56 CERTIFICATE OF APPOINTMENT Appointment Effective December 23, 2002 in the Department of Administration and Finance, Division of Parking Enforcement to the Position of Parking Enforcement Officer, Provisional Appointment at the Starting Salary of $26,604 Jeffrey P. Salvo, 98 South Pontiac, Buffalo 1406 Joseph A. Siranni, 694 Tacoma Avenue, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF COMMUNITY SERVICES NO. 57 AMENDED CERTIFICATE OF APPOINTMENT Appointment Effective December 9, 2002 in the Department of Community Services Division of Substance Abuse Services to the Position of Reimbursement Specialist PROVISIONAL APPOINTMENT At the maximum salary of $29,324 Jill White, 15 Wex Avenue, Buffalo 14211 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 58 MEMORANDUM OF AGREEMENT BUFFALO MUNICIPAL HOUSING AUTHORITY & LOCAL 264, AFSCME, AFL -CIO, MANAGERIAL UNIT We respectfully request that your Honorable Body consider and approve the attached Memorandum of Agreement between the BMHA and Local 264, AFSCME. AFL- CIO, Managerial Unit. The Managerial Unit represents all Housing Managers and Senior Managers for a total of 11 union positions. The Memorandum of Agreement is for a four (4) year period, commencing July 1,2000, through June 30, 2004, and provides a wage increase of 3% for each of the four years of the agreement and is identical to the wage increases provided to approximately 240 other union employees represented by Local 264, Managerial Unit. In addition, there were concessions by both parties on medical insurance, work force changes and other benefits as outlined in the Agreement. The Board of Commissioners of the Authority approved the Memorandum of Agreement at their regular board Meeting of November 21, 2002. A certified extract of the minutes of the meeting is attached, If this Memorandum of Agreement is approved by your Honorable Body and by the Mayor, it must then be submitted to the New York State Division of Housing and Community Renewal for their consideration and concurrence. The New York State Division of Housing and Community Renewal requires that your approval of these items include a specific acknowledgement that operating cost of the Authority's State sponsored Public Housing Program may incur increases that the City of Buffalo under the loan and subsidy contract must fund in addition to any deficit the Authority may incur in its State sponsored operation. It is anticipated that the net dollar cost of the Agreement including salary and longevity schedules for approximately 11 employees would total approximately $126,000 for four years. It is anticipated that the City's contribution will be $10,844 based on our projection that Ferry Grider Homes will be fully federalized by January 1, 2003 Thank you for your consideration in this matter. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 59 CONTRACT PERSONNEL ITEM NO. #5, C.C.P. 12/10/02) Honorable Councilmembers: In response to the City Controller's report on Contract Personnel, I offer the following comments: The BERC uses contract personnel on a limited basis to address short -term or part -time workload needs. Personnel contracted for personal service contracts provide unique expertise to address workload needs of the corporation. Contract personnel represent a fiscally responsible means of addressing short -term or part -time workload needs. The BERC currently has 2 part -time service contracts. The $166,000 expenditure cited by the comptroller occurred over a 3 -year period and comprises less than 3% of the BERC's personnel costs. Please be advised that we have contacted the Comptroller's Office to determine the basis for his findings that fifty -six (56) individuals failed one or more of the IRS tests for independent contractor status. It is not clear if any of the five (5) individuals that were contracted by BERC during the period in question violated any IRS tests. The BERC does have policies in place to guide personnel services contracts and is cognizant of IRS regulations governing such. The BERC does acknowledge the audit report submitted by the Office of the Comptroller. The BERC also acknowledges the seriousness of the Comptroller's recommendations and considers them to be of value and worthwhile for review and implementation. In the meantime, the BERC is performing an internal review of all contracts entered into during the period in question. I will report back to you upon receipt of the information from the Comptroller's Office and upon completion of our internal review. REFERRED TO THE COMMITTEE ON FINANCE NO. 60 RESPONSE TO COUNCIL ECONOMIC DEVELOPMENT PUBLIC HEARING C.C.P. 11/07/02 In response to the Council's Community Development Committee's request of November 8, 2002 requesting that the BERC sponsor a community hearing on economic development, I offer the following comments: It is expected that the draft City of Buffalo's Comprehensive Plan will be released in the very near future. The Comprehensive Plan will include a section on Economic Development. Economic development within the City of Buffalo should be accomplished within the context of other planning and development activities. Public input and meetings on economic development should be accomplished as part of the Buffalo Comprehensive plan. Although the BERC stands ready to participate in public meetings regarding economic development, I would recommend that this public input be deferred to the public review process to be established by the Office of Strategic Planning rather than schedule independent public hearings on economic development. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 61 BERC 2002 -2003 BUDGET Pursuant to the Charter and ordinances of the City of Buffalo, Article IV - City Development Agencies - Section 6 .- 22, we are hearby submitting a copy of The Buffalo Economic Renaissance Corporation Budget for the fiscal year commencing June 1, 2002. Please be advised that the BERC Board of Directors approved the budget at its May 29, 2002 meeting and the BURA approved the work program /budget at its November 27, 2002 meeting. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY CLERK NO. 62 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Eric County Alcohol Beverage Control Board. Address Business Name Owner's Name 318 Pearl St. Avins,Nguyen Pham Inc 318 Pearl Street RECEIVED AND FILED NO. 63 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,Police- Mary T. Kushner, Carol Gray X Fire- James Otwell RECEIVED AND FILED. NO. 64 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED. NO. 65 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mrs. LoTempio moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment Effective: December 17, 2002 in the Department of Common Council to the Position of Intern VI Seasonal Non - Competitive at the Flat Starting Salary of $10.00 /hr Keith Scott, 73 Courtland Ave., Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment Effective: December 17, 2002 in the Department of Common Council to the Position of Intern V Seasonal Non - Competitive at the Flat Starting Salary of $6.00 /hr Donna E. Myers, 172 Laird Avenue, Buffalo, NY 14207 NO. 66 APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment Effective: December 16,2002 in the Department of Executive, Division of Mayor to the Position of Intern I Seasonal Non - Competitive at the Flat Starting Salary of $7.00 /hr Natasha Mehta, 151 Shenandoah, Buffalo, NY 14220 NO. 67 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 December 16, 2002 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Clerk, Seasonal Non - Competitive at the Flat Starting Salary of: $ 8.15 April Tomczak, 43 Red Jacket Parkway, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment Effective: December 20, 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 Peter B. Rose, 49 Shoreham Blvd., Buffalo, NY 14216 Sylvester A. Robinson, 254 Orange Street, 14204 Christopher M- Sniezak, 15 Mt. Vernon, Buffalo, NY 14210 Joseph R. Slomba, 190 O'Connell, Buffalo, NY 14210 Edward Tooles, 59'Rose Street, Buffalo, NY 14204 CERTIFICATE OF APPOINTMENT Appointment Effective December 18, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II, Seasonal, Non - Competitive at the Flat Starting Salary of $8.15/hr Miguel A. Colon, 634 Plymouth, Buffalo, NY 14213 Ronald E. Richter, 494 Colvin, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment Effective December 17, 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 William A. Buyers, 121 Delsan Court, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment Effective: December 16, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II Non - Competitive at the Flat Starting Salary of $8.15/hr Alleric Gary, 47 Norwood Avenue, Buffalo, NY 14222 Paul J. Podsiadlo 282 Cumberland Avenue Buffalo, NY 14220, Mark Staniszewski, 195 Lockwood Avenue, Buffalo, NY 14220 Darryl E. Balance, 161 Briscoe, Buffalo, NY 14211 Philip P. Pugh, 41 Dempster Street, Buffalo, NY 14206 Kevin L. Hall, 2002 Delaware Ave., Apt. 5, Buffalo, NY 14216 Michael A. Renaldo, 86 Norwalk, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment Effective December 9, 2002 in the Department of Assessment and Taxation to the Position of Seasonal Clerk Non - Competitive at the Flat Starting Salary of $8.15/hr Heather Scardino, 47 Coburg Street, Buffalo NY 14216 CERTIFICATE OF APPOINTMENT Appointment Effective: December 9, 2002 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II Non - Competitive at the Flat Starting Salary of $8.15/hr Mashi J. Booth, 373 E_ Utica Street, Buffalo, NY 14208 CERTIFICATE OF APPOINTMENT Appointment Effective: December 10, 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 Nicholas G. Derfert, 103 Pontiac Street, Buffalo, NY 14206 CERTIFICATE OF APPOINTMENT Appointment Effective 12 -18 -2002 in the Department of Public Works, Division of Recreation to the Position of Rink Attendant, SEASONAL APPOINTMENT at the FLAT Starting Salary of. $5.15 ph Robert Felschow III, 241 O'Connell Avenue, Buffalo 14210 NO. 68 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 12 -16 -2002 in the Department of Public Works Division of Recreation to the Position of Recreation Instructor TEMPORARY APPOINTMENT at the flat Starting Salary of $27,188.00 Ericka Browning, 960 Amherst, Buffalo 14216 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 69 N.F.T.A. BUS STOP AND SHELTER FOR THE NEW TOPS SUPERMARKET NIAGARA STREET We are planning to open the new Tops Niagara Street Supermarket in April of 2003. We would like to request that your office assist us in securing a bus stop with a shelter to be located on Niagara Street in front of the new Tops Supermarket. We based our request on the 2000 Census information which shows that over 50% of the residences living in the Lower West Side do not have cars and either walk or use Public Transportation. Presently, there are two bus stops located near our site, one on the southwest comer of Niagara and Maryland and one on the northwest comer of Niagara and Hudson. Residents in both cases will have to walk with their groceries, half a city block from the Store and cross either Maryland or Hudson Streets to get to a bus stop. A new bus stop and shelter located in front of the Store will provide a safe and secure place for residents to wait for the bus and eliminate the half block walk and the need to cross a busy street. I have enclosed a site plan to show where we think the best location for a bus stop would be, however we welcome your comments. We would like to thank you in advance for any help you and your staff can provide to securing a bus stop for our new store. Sincerely, REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS AND THE NIAGARA FRONTIER TRANSPORTATION AUTHORITY NO. 70 B. BROWN- RENAME PORTION OF BROADWAY The Western New York community recently mourned the loss of Dr. Allan Tinney. Known to his many fans and students simply as "Al", Mr. Tinney was highly regarded both for his virtuosity as a musician, and his wan -nth and humility as a teacher, mentor and friend. Al Tinney began his musical career in Harlem as a rehearsal pianist for George Gershwin and was an original cast - member of "Porgy & Bess ". He went on to become one of the most influential members of the movement known as "BeBop" which redefined jazz in the latter half of the Twentieth Century. Al Tinney worked with some of the titans of Jazz including the legendary Charlie Parker, Max Roach, Bud Powell, Dizzy Gillespie, Thelonious Monk and others. After marrying in 1962, Al relocated to his wife Lillie's hometown of Buffalo, to begin a family. Al Tinney's strong influence on the local cultural scene has been appreciated by his peers and audiences everywhere. Al joined the Colored Musicians Club soon after his arrival here and helped to form the Buffalo Jazz Workshop. Al played many venues locally including Jazz in the Park, the Pinegrill Reunion, and most recently was featured at Fanny's Restaurant. Al Tinney will probably be remembered best as a teacher who influenced many students who went on to become professional musicians and recording artists. I am writing you today to urge your consideration of designating a portion of Broadway Street adjacent to the Colored Musicians Club of Buffalo after this be -loved musician and teacher. He was throughout his life, an inspiration and a mentor to many. Few in our community have been as highly regarded as Al Tinney. Renaming a portion of Broadway Street would be a fitting tribute, and lasting memorial, to this great man. Thank you for your consideration of this matter. If you need any further information, please feel free to contact my office at any time. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS PARKS AND STREETS, THE COMMISSIONER OF POLICE, THE COMMISSIONER OF FIRE AND THE CORPORATION COUNSEL NO. 71 C. PEREZ -BODE DEDECKER 2002 RPT GENDER DISTRIBUTION ON MUNICIPAL BOARDS Thank you for your participation in the recent survey by the Erie County Commission on the Status of Women. The result of the survey is the enclosed 2002 Report on Gender Distribution on Municipal Boards. Please distribute the enclosed reports to members of your Council. A copy has been mailed under separate cover to the mayor. While the Common Council reviews the data for your municipality and the 44 other survey participants, it is important to note that it is. in effect, a snapshot in time for the Spring of 2002. The data shows that between the 199S and 2002 reports on Gender Distribution on Municipal Boards, there was no statistically significant increase in the overall number of women serving, he however, several bright spots on the survey landscape. Among these are municipalities that have achieved gender balance on many of their municipal boards and committees, and the strong appointment record of the Erie County Executive. In the 2005 report, the Commission will look at the appointment record of additional elected officials in cities, towns and villages. We ask that you please track these appointments accordingly. Standouts for equitable gender distribution across their boards were the City of Tonawanda, with a representation of 51 percent women and 49 percent men; followed by the Village of Gowanda with an equal representation of 50150 percent and the Town of Alden with 48.1 percent women and 51.8 percent men. These municipalities are within the Commission' s recommended range of 47 -62 percent women, based on 2000 Census figures stating that women represent 52 percent of the population in Erie County and 48.7 percent of its workforce. Data also show women are 54 percent of the county's registered voters. The County Executive's appointment record since taking office in January 2000 also is within the range, with 48 percent women and 52 percent men. If your municipality is one of the success stories of this report, congratulations. If not, please consider joining the Commission's TALENT BANK. an on -line resource to match highly qualified -women candidates seeking, to serve on boards with organizations, including municipal boards, seeking to fill board vacancies. Not only will you have the opportunity to increase the representation of women on your boards, but you'll also find superior candidates in the process. Visit our website at wwA,.erie.gov /cs %v or call us at 858 -8307. REFERRED TO THE MINORITY BUSINESS ENTERPRISE CK�L�ildil����q NO. 72 SIDEWALK REPAIR ON COE STREET (MAIN TO ELLICOTT STREET) Dear Councilman Davis: I am writing to remind you of the dire need for sidewalk repair on Coe Street. We talked briefly about this when you attended our October meeting. The current condition presents potential liability issues as well as serious danger to anyone trying to traverse it. We are requesting that you have the Department of Public Works evaluate the area and advise you of an estimate of the cost of repair. It is our hope that you will be willing to allocate Block Grant funds for this repair. While several areas within our block club boundaries have sidewalks in disrepair, Coe Street, by far, is one of the worst. Should you want to make a site visit to see for yourself how bad it is, I would be more than happy to do this with you. Just let me know. We look forward to your response to this critical issue. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE DIRECTOR OF STRATEGIC PLANNING AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 73 J. GOLOMBEK -M FRANK -REQ PURCHASE 1733 NIAGARA ST I am writing to you today to make sure the sale of 1733 Niagara Street is taken into great consideration, before the common counsel makes their final decision. We need to go back more than the past five months when all the sudden changes started. My home 1731 Niagara Street which is adjacent to the property that is now for sale has been maintained for twenty years by my family. Because I asked and Inquired to purchase this land almost three years ago, I feel I should be considered first and these are my reasons. 1.) When my family and I asked for this land had the city gave us the same. information as they did Mr. Glanni, we would have proceeded and purchased this land long ago and I would not be fighting this battle today. 2.) After inquiring with a few titles insurance companies it has come to my understanding that because I will keep this land as parkland, and not construct a building on it, the highest quoted insurance rate is at a one -time fee of $300.00, rather then the thousands of dollars which you were told at the last meeting. 3.) In the beginning this land was dedicated parkland, it was never to be sold; my family still maintained it with no cost to the city. Now the city wants to make a profit. I am still willing and able to purchase this property for the asking price of $16,000.00 with all expenses that will include the closing of this property. I will also maintain and keep this property as it Is today parkland. REFERRED TO THE COMMITTEE ON FINANCE NO. 74 B. GRANT- CASINO GAMBLING HEARING Casino Gambling otes: December 12, 2002 at Gloria Parks Community Center 6:00 p.m. List of invited panelists: Deputy Speaker Eve, Assemlymember Sam Hoyt, Councilmember at Large Charley H. Fisher, 111, Michael Risman, Esq., Sernio Farnaserio, Samuel Herbert (concerned citizen), Joe Rose (Citizens Against Gambling Casinos) 65 Niagara Square, Room 1413 Buffalo, New York 14202 -3314 Phone: (716) 851 -5105 Fax: (716) 851 -4234 Deputy Speaker Eve (opposed): A recording was played with a statement by Deputy Speaker Arthur Eve whereby he voices his objection to Casino Gambling for the following reasons: "Mega Ball" players consist of 80% high school drop outs, individuals with a 10 -15K Salary Regardless of what type of "gaming" (i.e, lotto, slots, mega ball, etc), it is morally, ethnically and religiously wrong! The medical ills are as critical as the ills of drug addition. Las Vegas has the highest suicide rates Very few winners, but most lose In a major way Six casinos within a 30 Mile radius Buffalo is a city that can least afford this type of high risk venture which ultimately will lead to loss of homes and jobs, but most importantly, is the impact this will this have on our children? Councilmember Charley H. Fisher (opposed): This is a pivotal Issue for the City of Buffalo. A Casino is in no way a "salvation" for our City and the Compact agreement excludes the input and /or participation of local elected officials that represent the citizens of Buffalo. This whole proposal is wrong morally and the City will be harmed. Statler Towers is the proposed site and this will have a grave impact on tile local businesses, specifically the Chippawa Strip. No EEO diversity statement has been included in this Compact document. Residents will carry the tax burden for this Casino. This casino must be placed away from the businesses and governmental districts. Why were local representatives not included in this proposal? Michael Risman (in favor): While Mr. Risman is not "personally" in favor he is a legal representative for the Mayor who is in favor and has signed the Compact. He merely represents the City's interest. He agrees that we need to protect the interest of the citizens, businesses and law enforcement and the agreement must have perimeters. Chronic gambling and all of the issues being brought to the table must be addressed before finalizing the Compact. Other issues include traffic, site, etc. The Senecas need to be aware of these sensitive issues. Assembymember Sam Hoyt (opposed): Whether in favor or not, citizens should be upset that they are not being given the opportunity for input. Every voter /resident in the County should have been given an opportunity to vote for or against this Compact. He has been opposed for a very long time. Not opposed for religious or moral reasons but for the fact that this is being sold as an economic panasia. This is totally false! Government and other experts state that this can only be successful if people from outside the area are being drawn to our City. New York State is saturated with Casinos and video lottery terminals. People will be drawn from the immediate surrounding area and what will happen then? Pataki's study state a net loss of 12 hundred jobs. This is significant! The host community is expected to receive ten million dollars in new revenue sources. The City will be lucky to get $500,000. This is no where near the cost we will encumber to deliver Police, Fire and additional city services. This is a very bad bet, it is short - sited and a knee -jerk reaction. We need something that will boost our City's economy long term for the well being of the families in the City of Buffalo. Sernio Farnaserio (in favor) - non - gambler but has a deep concern for our incredible sinking City. Has visited the Montreal Casino which has drawn many new people from out of their own town. The new casino has decreased crime and casino has improved the local economy (school districts, repair streets, etc.). The revenue can bring new hope to our economic crisis. There are many other prime examples of cities that have turned over their economy in a successful way via the implementation of casinos. There is a massive economic benefit to the City. Las Vegas attracts over 6,000 families a month and is the fastest growing city in North America for the past five years. All of our City jewels are hurting (Philharmonic, theatre district, etc.). We need to bring tourism and outsiders to Buffalo. Intentions are not to hurt Buffalo, but to help it. Niagara Falls has completely turned over 50 thousand new jobs. Joe Rose "Citizens Against Casino Gambling" (opposed) - Each area must tailor what is appropriate for the success of their City. Our City must be tailored for its history to provide families with a safe and healthy environment. Our Government has ignored our State Constitution and has moved to negotiate this Compact. State Laws can override Federal Government. Plaintiffs have filed a suit alleging Compact as unconstitutional. Nothing can happen before this case is resolved. It would be in violation of the State constitution. Why are we opposed? Not due to religious or moral reasons, but because our residents need a healthy place to live. Downtown New Orleans is a prime example: Simple Casino with no restaurant, no hotel and most importantly no competition to other businesses. The Casino failed and developers sought to modify Legislation to allow lodging and restaurants. This Casino is currently operating under bankruptcy. We have a very tough market here and they will certainly look to provide hotel and lodging when the Casino proves to be a flop. Samuel Herbert (in favor): In support of casino for one major reason: poverty in Buffalo. Eastside is the forgotten side. Casinos were proposed way back when the Swiss Chalet was downtown and the old Central Terminal was the proposed site. The Terminal would be the prime avenue in which to bring people into our City. It would be a great economical boost for our City but particular that Area. Casino gambling can be a great thing if done right. Would like to challenge each and every elected official to propose a better economic idea which can give Buffalo the same economic results. CM Grant - 600 flyers announcing this meeting were mailed out. Many calls regarding opposition were received in her office. Central Terminal would be the most appropriate site. The Council only has jurisdiction over the site, no jurisdiction to approve or disapprove the actual, Casino. Various members of the audience: Make it a point to read the current Time Magazine which is interesting and reveling. Senecas have no resources. Where will the money come from? The Senecas will borrow from multi- millionaires at 32% interest. Multi millionaires will get the lion's share of the money, not the residents or the City of Buffalo. Who monitors the money? Compact explains that the Senecas do not have to comply with the same laws. We go forward on faith? Risman's response: The State has a very detailed regulatory Compact. The license can be revoked by the State, but the site will remain as Seneca owned. Those opposing this proposal have no money for legal expenses, however, those pushing this forward are multi - millionaires and high profile government officials that have top -notch legal teams. The State's share begins at 18% and eventually reaches 25 %. Local share is based on State's annual appropriations "Aid to Buffalo" and can possibly give 4 million, but then they can subtract 4 million from other resources. Gamblers will go wherever they provide gambling. Buffalo is dead and the "Mickey Mouse" train has killed it. No one has a clue how to economically boost Buffalo. Central Terminal is not coming back on its own and it is an ideal location. Totally in favor of this because no one has art idea how to turn this City around. Is anyone talking about the downside to the Central Terminal? We cannot attract people to our City now, who do you think will come? New Yorkers are being attracted to Buffalo because of the reasonable cost of living. We have the potential to attract others, we have to sell our strength and we will get much more for our money. People are already coming to Niagara Falls, we need to capitalize on that market. Why would people come here from Niagara Falls if they have somewhere and something to do already in the Falls'? Opposed to Casinos. It is easier and cheaper to destroy our City with a couple Bombs. A casino next to City Hall is unbelievable! Kansas City gave away expensive property just to have them go elsewhere. There are always developers looking to make money, what we are lacking is vision! A casino is a multi - million dollar project with no long -term vision. Against a Casino next to poor people (family income). Millions of people will lose. This hurts neighborhoods in a terrible way. The terminal is being given away! Sam Herbert: Something has to be done to revitalize Buffalo's East Side. Would like to see some economic stimulation. Casino will be here regardless, why not have it on the East Side? The whole Compact is illegal and Pataki has no right to push this down our throats. The Senecas can do what ever they want. We don't want a sovereign nation taking over the heart of our City. The team of attorneys are very near to working "pro bono ". There is disappointment in the willingness of the business district to stand up and oppose this proposal. A few courageous business leaders could oppose and we could possibly bring it to a legal halt. There are two ways in which to stop this proposal: Lawsuit which would rule that this Compact is unconstitutional or the Senecas determine that they don't want to house their Casino here. We need to send a strong message to the Senecas that they are not welcome here and we don't want them to house their casino in Buffalo. A referendum cannot supercede the State Legislators or Pataki. This Compact does not give the residents a choice. Once they are in possession of the land, it is sovereign and they can level the terminal and we have no voice. Mayor states, "If it's done right ". We have no role or control - what does this statement mean in practical terms? It's sad that outsiders are capitalizing on our City. Niagara Falls are worlds apart in difference. What message are we sending to our children? This is a quick fix with drastic consequences. If we can't revitalize the Broadway Market, what will this Casino do to this barely existing Market? We have to revitalize in a different way and continue to work against this proposal. Chippewa is a prime example of a turn around! It is thriving right now due to some visionaries. We can revitalize without a Casino. We are being sold a bill of goods. Bass outlet at the old Auditorium is a great vision and would attract people. We need to look at other alternatives. Studies show that gamblers are destined to be poor people. Anyone who is working in favor of this should not be in the capacity of a governmental position! The legal arm of our City should be defending our citizens! This will hurt our kids. Does the Compact address the issues of mental health funding? We have thousands of people fleeing Buffalo and many more contemplating on leaving. Poor people will look to gambling in hopes of taking a chance on winning. It was suggested by a member of the audience to contact elected officials and the Senecas to file your complaints! The address given for the Senecas was as follows: Rick Jamison, Seneca Nation REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 76 B. GRANT- NATIONAL FUEL GAS REPLACEMENT 136 ENGLEWOOD Dear Mr. Michaux III: Please file the following item with the Buffalo Common Council for the next full council meeting to be held Thursday, December 26, 2002. Sincerely National Fuel Gas Meter Replacement - 135 Englewood Dear Ms. Grant: Please allow this letter to serve as notice to not only the City of Buffalo, but by copy hereof, to National Fuel Gas, of a dangerous situation that has come to our attention. National Fuel Gas recently replaced certain lines and meters on numerous North Buffalo University District personal residences, including the above listed address, to provide for outside meter placement. During this process, National Fuel Gas or its agents removed the meters on the inside of the residence and replaced the space line with a solid pipeline. In so doing, at the time of this work they removed the shutoff valve for the gas line inside the interior of the home. This creates an extremely dangerous situation, wherein if there was a leak of gas within the house, there is no possible means of shut off within the premises. The owner of the residence above listed, requested that National Fuel Gas come out and re- insert a shut off valve. Please note that the shut off valve is a cost of less than $5.00. National Fuel Gas stated that it was not their job to put in the shut off valve, and that the homeowner would need to call a private contractor to install the valve, which is estimated to cost approximately $200. We draw your attention to this fact in that there are many elderly and disabled individuals, as well as college students and others, who may not know how to turn off the gas supply on the outside of the residence. Accordingly, if there is a leak inside the house, it is necessary for someone to leave the house, find the shut off and have an appropriate tool available to turn the valve off (giving to comment on what if this meter is covered under 2 feet of snow or frozen tight). In addition, it provides notice for an opportunity for vandalism and pranksters to directly impact the gas supply to an individual's home. Not only could this be extremely dangerous to the community and city residents, but could be a safety problem for which the City of Buffalo may ultimately be liable for. We respectfully request your immediate involvement and action in the correction of this matter, and mandate that National Fuel Gas return to the residences affected and replace the interior shutoffs that they have removed. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 76 J. HAGUE DELTA SONIC PEDESTRIAN HAZARD WITH GREASE - SMEARED SIDEWALKS To the Mayor-- - As a 204 year Buffalo resident at 186 Linwood Avenue, across from the 1264 Main Street Delta Sonic, and patron of Post Office Station C across Main Street, I am filing with the City Clerk this objection to 1) grease- smeared sidewalks at the exit from the lubrication garage, which are both ugly and hazardous to pedestrians, especially when wet; and 2) Intrusion on the sidewalk in the area where cars are wiped down after exiting the car wash. The proposed expansion in the midst of the Transit Overlay district by the Benderson Development behemoth, which would encompass the site of the Mid City Furniture building, would approximately double the length of sidewalk currently made inimical to pedestrians - further degrading the environment of the surrounding community. REFERRED TO THE COMMITTEE LEGISLATION, COMMISSIONER OF PERMITS AND THE CORPORATION COUNCIL AND THE ENVIRONMENTAL MANAGEMENT COMMISSION NO. 77 M. MARTINO -FEMA STUDIES FIRE DEPT Dear Mr- Michaux- Please file the attached documentation for the Common Council meeting of December 26, 2002. If you have any additional questions, comments or concerns please do not hesitate to contact me. REFERRED TO THE COMMITTEE ON BUDGET NO. 78 N. NAPLES - INFO -WORK OF COMPTROLLERS OFFICE POSSIBLE AGREEMENT COUNTY OF ERIE The Buffalo News this morning reported that City of Buffalo Comptroller Anthony R. Nanula will announce his resignation today. The purpose of this letter is to propose that you explore the possibility of entering into an agreement with the County for conducting the work of the City Comptroller's Office. Both in my capacity as an elected public official and a taxpayer, there is no question in my mind that we as a region are at a crossroads. Substantive changes must be made so that we can retain and attract. businesses and stem the outflow of people. In and of itself, this may be viewed as but one small step. However, I submit to you, the leadership of City and County government, that: this resignation presents an opportunity for change, this is a time for restructuring and economizing, and the Erie County Comptroller's Office is prepared to assume the responsibilities of the City Comptroller's Office. I want you to know that I am available for discussion on this and I encourage you to consider this REFERRED TO THE COMMITTEE ON REGIONAL GOVERNANCE, THE CORPORATION COUNSEL AND THE COMMISSIONER OF ADMINISTRATION FINANCE NO. 79 MEMO A. THOMPSON -P. POTTS- AVOIDABLE ALARMS December 5, 2002 Dear City Clerk: Please file the following correspondence for the next Council Meeting. To Director of Administrative Adjudication Avoidable Alarm Dispute Room 113 City Halls Buffalo, NY 14202 Dear Sir, December 3, 2002 We are in receipt of a notice for chargeable avoidable alarms and wish to remind you: we are located in a rough section on the city's East side where the necessity of an alarm system is documented by the number of break -ins which have already occurred necessitating bars on both sides of our windows; this necessity creates the unintended consequence of "avoidable alarms "; the police are on duty anyway and the company is entitled to have a patrol car in our neighborhood from time to time because we are in a problem area. we have installed cameras and a large warning sign Additionally, we believe we are good corporate citizens because we: initiate and cooperate with our neighbors, businesses, schools and residential, to keep the street free of debris and illegal dumping; the appearance of our property is clean, neat and safe; have begun a clean up on the comer of Fillmore and Appenheimer, providing and emptying a trash can and planting flowers; have changed our delivery times and procedures to keep the street clear at the time the school buses and teachers travel on our street ; cooperate with many block clubs and provide trash cans at no charge; donate and deliver trash cans to both the Parks Department and Streets and Sanitation Department as well as for many public events such as the Taste of Buffalo, Museum of Science and Albright Knox Art Gallery, Art Park and The Buffalo Philharmonic. I appreciate any cooperation you can give us, and thank you in advance for your time and consideration. Sincerely, Patricia H. Potts, President REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 80 A. THOMPSON -S. CARRUBA -GREEN PARTY - OPPOSE CASINO IN BUFFALO MEMO Please file the following correspondence for the next Council Meeting, The Green Party of Erie County has gone on record as opposing the proposed Seneca nation -run casino in downtown Buffalo. We did not come to this decision lightly, but with careful consideration of the needs of the City and its residents. First and foremost, the residents of both the city and the county have had no voice in this decision while the people of the Seneca Nation had the chance to vote on the compact. Yet, the city and county will be negatively impacted as they lose property tax and sales tax revenues. This compact has been an end run around the NYS Constitution, which every elected official is sworn to uphold. A casino gambling establishment will do little to create jobs for those who need them most in the city. Service -type jobs will be all that is available to non - Senecas and those will not yield high salaries. When I visted cousins in Las Vegas in October, they introduced me to several people who had left work in casinos because it was such an unreal and pressured atmosphere. Gambling establishments bring crime, among which are prostitution, robberies and assaults. City residents living near or in downtown Buffalo do not need increased crime coming to their neighborhoods, making them feel less safe than they already do since police and firefighters have been laid off. Real economic development occurs when small businesses establish themselves in neighborhoods. Look at the Elmwood district as an example. Small businesses encourage residents to walk from one to another, bringing vitality and sustainability to an area. A downtown casino will stifle real growth and sustainability downtown. Letter to Councilman Antoine Thompson, Chairman Community Development Comm., Buffalo Common Council Other cities that have looked to casino gambling institutions to revitalize their business districts have reaped disappointment. Look at Atlantic City and area where my grandparents once enjoyed vacationing. Once casino gambling was established there, my grandparents felt unsafe and unhappy and stopped going. The mayor of a city in Connecticut near an Indian run casino said while here in Buffalo, he was sorry they had ever approved the casino. How can political leaders actually believe that tourists will come to gamble in Buffalo when there is a professionally and government run casino just over the border and another is being built in Niagara Falls, NY? The tourist industry is now in a horrible slump and has been since September 11, 200 1. This is not the time to hope an enterprise dependent upon tourism for its success win flourish. A Buffalo casino will only suck dollars from residents who can HI afford to lose them and sink our city into lasting poverty and despair. After all, there is nothing in writing that says the City will receive any monies generated from the proposed casino. We urge you, Councilman, to voice opposition to this fiasco that will enrich the already rich and impoverish our city residents. Asking another nation is no way to solve our unemployment problems. Show our young people that we can help ourselves to economic rebirth. Thank you, Sir. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 81 A. THOMPSON -D. PERSICO- OBJECTION TO CASINO MEMO December 13, 2002 Dear City Clerk: Please file the following correspondence for the next Council Meeting. Dear Mr. Thompson, Thank you for holding the past public hearings regarding the casino which has been looming over our heads for some time. In general, as you know, I am vehemently against the idea of a casino anywhere in Erie County. I do not care who runs it. It is destructive to the poorest or our community and wilt make any area it is near unattractive to new families and business let alone those who are already nearby. More specifically I am opposed to a casino in downtown Buffalo. Every reason against this "deal" has been voiced loud and clear at the two hearings, so I will not repeat them. The only point I will repeat is that I am appalled that an issue so important to residents in our community was not allowed a vote. Our elected officials are public servants not kings. Please continue to force this issue. I am grateful for your efforts at this late hour. Sincerely, REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 82 A. THOMPSON - RACIAL INCOME GAP MEMO Please file the following correspondence for the next Council Meeting. Attached articles available for review in the City Clerk's Office REFERRED TO THE MINORITY BUSINESS ENTERPRISE SPECIAL COMMITTEE NO. 83 MEMO A. THOMPSON -TEEN GAMBLING -A HIDDEN PROBLEM December 17, 2002 Dear City Clerk: Please file the following correspondence for the next Council Meeting. TEEN GAMBLING -A HIDDEN PROBLEM Here in Buffalo, a controversy over a gambling casino is dividing the community. Unfortunately for the citizens of New York, the current glut of legalized gambling plus the surge towards casino gambling ( though class III gaming is unconstitutional here,) will cause increasing social costs, harm our communities and seriously affect our adolescent population. The issue that we in pediatrics and adolescent medicine need to address is the "SILENT ADDICTION" OF GAMBLING. More and more teen -agers are drawn into games of chance, with many finding it more addictive than smoking, alcohol or drugs. Between 5 and 8 percent of young Americans and Canadians report a "serious" gambling problem - - a prevalence almost twice as hi s that among adults. The hype around huge lottery payoffs seduces adults and helps draw young children into a culture of gambling, It is a serious and challenging problem for the pathologic and at risk adolescent gambler. Harm comes to them socially, educationally, vocationally or in family relationships. Many studies nationally and internationally show the problem to be increasing. Financial problems, divorce, suicide and child neglect or abuse. are clearly noted social costs. Funding and insurance coverage for mental health care for problem gamblers is very limited. We must address this problem. New York State will be responsible for the problem we will surely face. The government must fund treatment programs and research into prevalence and prevention strategies. Our communities" health and wellbeing will depend on parity in Mental health coverage including gambling addiction REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 84 A. THOMPSON -VAR ITEMS - CASINO GAMING FROM COMMUNITY DEVELOPMENT MEETING OF DECEMBER 18, 2002 Please file the attached items on Casino Gaming in Buffalo, that were presented to the Committee on Community Development at the Meeting held on Wednesday, December 18, 2002 Attached available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 85 XSPAND- INCREASING MUNICIPAL REVENUES Attached available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE PETITIONS NO. 86 B. BAUMKER, AGENT, USE 210 DELAWARE FOR ILLUMINATED PROJECTING SIGNS. (HRG. 1/2) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 87 P. YOUNG, OWNER, USE 3288 BAILEY FOR SIT -IN /TAKE OUT RESTAURANT. (HRG. 1/2) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 88 M. SANTORO, AGENT, USE 26 VIRGINIA PLACE FOR NIGHTCLUB. (HRG. 1/2) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. J. Suffoletta, Agent, Use 626 Humboldt Pkwy. - Illum. Ground Sign The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, THE DIRECTOR OF STRATEGIC PLANNING, THE CITY ING BOARD AND THE CORPORATION COUNSEL Regular Committees CIVIL SERVICE MARC A. COPPOLLA, CHAIRPERSON NO. 90 Salary Ordinance Amendment 14 Administration & Finance 1075 - Parking Violations Bureau 1112 - Towing (Item No. 102, C.C.P., Dec. 10, 2002) That the Salary Ordinance Amendment as contained in Item No. 102, C.C.P.,December 10, 2002, be and the same hereby is approved. PASSED AYES -13- NOES -0 No. 91 Appointment Sr. Accountant (Inter) (CS) (Item No. 6- C.C.P. Dec. 10, 2002) That Communication 6, Dec. 10, 2002 be received and filed and the permanent appointment of John L. Rusnak stated above at the intermediate salary of $37,204 effective on November 25, 2002 is hereby approved. PASSED AYES -13- NOES -0 NO. 92 Appointments Motor Equip. Mechanic (Inter) (PW) (Item No. 2 1 - C.C.P. Dec. 10, 2002) That Communication 2 1, Dec. 10, 2002 be received and filed and the permanent appointments of David Bucholz and Timothy Hall stated above at the intermediate salary of $29,914 on December 2, 2002 is hereby approved. PASSED AYES -13- NOES -0 NO. 93 Appointment Motor Equip. Mechanic (Max) (PW) (Item No. 22- C.C,P. Dec. 10, 2002) That Communication 22, Dec. 10, 2002 be received and filed and the permanent appointment of William Garland stated above at the maximum salary of $32,661 effective on December 2, 2002 is hereby approved. PASSED AYES -13- NOES -0 NO. 94 Appointment Laborer I (Inter) (Pol.) (Item No. 25- C.C.P. Dec. 10, 2002) That Communication 25. Dec. 10, 2002 be received and filed and the permanent of Kevin Cannon stated above at the intermediate salary of $11.07 effective on November 25, 2002 is hereby approved. PASSED AYES -13- NOES -0 NO. 95 Appointment Bldg. Inspector (Inter) (Permits /Insp.) (Item No. 4 1 - C.C.P. Dec. 10, 2002) That Communication 41, Dec. 10, 2002 be received and filed and the permanent appointment of Joseph F Parisi stated above at the intermediate salary of $40,838 effective on December 6, 2002 hereby approved. PASSED AYES -13- NOES -0 NO. 96 Appointment Bldg, Inspector (Max) (Permits /Insp.) (Item No. 42- C.C.P. Dec. 10, 2002) That Communication 42, Dec. 10, 2002 be received and filed and the permanent appointment of Terence Prendergast stated above at the maximum salary of $43,809effective on 6, 2002 is hereby approved. PASSED AYES -13- NOES -0 NO. 89 NO. 97 Appointment Supv,. Of Bldg. Const. (Inter) (Permits /Insp.) Item No. 43- C.C.P. Dec. 10, 2002) That Communication 43, Dec. 10, 2002 be received and filed and the permanent appointment of David J. Grundy stated above at the intermediate salary of $44,679 effective on October 25, 2002 is hereby approved. PASSED AYES -13- NOES -0 NO. 98 Appointment Senior Counselor (Inter) (Com. Serv.) (. Item No. 46- C.C.P. Dec. 10, 2002) That Communication 46. Dec. 10, 2002 be received and filed and the permanent appointment of Arleen Filipskii stated above at the intermediate salary of $35,215 effective on November 25, 2002 is hereby approved. PASSED AYES -13- NOES -0 NO. 99 Notices of Appts. - Temp. /Prov. /Perm. (C. Clk.) (CCP #53 -Dec. 10, 02) That the above item be and the same hereby is received and filed. ADOPTED Finance (Betty Jean Grant, Chairperson) NO. 100 Independent Legal Counsel for the Common Council of the COB 13 9, 9/3) (CCP #98 -Nov. 26, 02) Mrs. Grant moved that the above item be recommitted to the Committee on Finance. Seconded by Mr. Thompson ADOPTED. AYES - BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, MARTINO, PITTS, THOMPSON - 12 NOES - LOTEMPIO - 1 NO. 101 Appt. - Indep. Legal Counsel Common Council ( #90, 10/ 1)(#42, 9 /17)(Law) (CCP #99 -Nov. 26, 02) Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED. AYES - BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, MARTINO, PITTS, THOMPSON - 12 NOES - LOTEMPIO - 1 No. 102 Add Broadway Mkt. to Bflo. Self- Insurance Plan (CCP #149 -July 23, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 103 Add Broadway Mkt. to Bflo. Self- Insurance Plan (A &F) (CCP #5 I -Oct. 29, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 104 Resume COB Adjudication of Traffic Violations (Exc. Fin. 2 Res.) (CCP #168 -Apr. 16,02) That the above item be and the same hereby is received and filed. ADOPTED No. 105 T. Smith - Directs COB to Resume Adjudication of Traffic Infractions (CCP #81 -Oct. 29,02) That the above item be and the same hereby is received and filed. ADOPTED No. 106 Enter Agreement with County of Erie /Appt. NYS Fin. Asst. - Mun. Waste Reduction /Recycling Project (Item No. 28, C.C.P., Nov. 26, 2002) Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED. No. 107 Perm. Enter. Agree W /Erie Co. Municipal Waste Red. Project (PW,) (CCP #14 -Dec. 10, 02) Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED. No. 108 Permission to Hire Engineering Consultant - Inner Harbor & Waterfront Development (Item No. 16, C.C.P., Dec. 10, 2002) Mrs. Grant moved to send said item to the Committee on Community Development REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 109 Monthly Rpt. -Nov. 2002 (Cit. Svs.) (CCP #2 -Dec. 10, 02) That the above item be and the same hereby is received and filed. ADOPTED Legislation (Richard A. Fontana, Chairman) No. 110 M. Dickman, Petition to Use 380 Hopkins - Storage Yard (Item No. 64, C.C.P., Dec. 10, 2002) That after the public hearing before the Committee on Legislation on December 17, 2002, the petition of M. Dickman, agent, for permission to use 380 Hopkins for contractors' equipment /new materials storage yard be, and hereby is approved with the following conditions: 1. That the petitioner files a short Environmental Assessment Form. 2. Meet the conditions as set by City Planning Board. 3. Meet the conditions pursuant to Coastal Review and the NYS Department of Environmental Conservation. Passed. AYES -13- NOES -0 NO. 111 Re- appointment of Members to the Buffalo Water Board (Item No. 1, C.C.P., Dec. 10, 2002) That the re- appointment of members to the Buffalo Water Board of Patrick H. Wesp, 289 Norwalk Avenue James B. Milroy, 155 Massachusetts Ave. Victoria J. Saxon, 56 Dana Road John R. Sole, 641 Forest Avenue Warren K. Galloay 111 W. Humboldt Parkway and Charles L. McGriff for terms expiring December 31, 2004 be, and hereby is approved. Passed AYES -13- NOES -0 No. 112 Bd. of Ethics - Minutes- 10/8/02 (C. Clk.) (CCP#48 -Dec. 10, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 113 Easement - Voicestrear Wireless for Installation of Power and Telecommunication Lines (Item No. 8 1, C.C.P., Dec. 10, 2002) That the Department of Public Works, Parks and Streets be, and he hereby is authorized to award an easement with Voicestream Wireless of Rochester, NY to provide the necessary utility /telecommunication connections to a proposed cellular tower at 812 East Ferry Street with the following conditions: 1. Voicestream Wireless obtains all necessary site plan approval, zoning and building permits required by the City. 2. Facilities on city property will consist only of a utility trench containing power and telecommunication cables. No permanent buildings or structures shall be erected on city property. 3. Voicestream names City of Buffalo and the Buffalo Sewer Authority as additional insured for the life of the cellular facility. Amount of insurance subject to the approval by the Corporation Counsel 4. The Department of Public Works, Parks & Streets and the Buffalo Sewer Authority approve construction plans and methods for installation. 5. That Voicestream pay a fee of $4.00 per linear foot. Passed. AYES -13- NOES -0 No. 114 Ord. Amend.- Chapter 307 - Parking & Parking Lots (CCP #152 -Nov. 12,02) That the above item be and the same hereby is received and filed. ADOPTED No. 115 Ord. Amend.- Chapter 133 -City Property (CCP #137 -Sept. 3, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 116 Ord. Amend. — Chapter 133 — City Property (Arch Salvage) (CCP #108 — Dec 10, 2002) Mr. Fontana moved that the above item be recommitted to the Committee on Legislati6n. ADOPTED. No. 117 D. Granville -Bflo. Arch. Saly. Comm. -Exec. Summ. /Prof. Overview -9,101 (CCP #67 -Oct. 1, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 118 B. Davis -S. Hunter -Info. -Demo. Order -560 Spring St, (CCP #62 -Nov. 26,02) That the above item be and the same hereby is received and filed. ADOPTED No. 119 B. Davis -S. Hunter - Info.- Order -560 Spring St. (Permits /Insp.) (CCP #32 -Dec. 10, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 120 J. Campolong — Amer. Water Dvs. Inc. B. Davis — S. Hunter — Info — 560 Spring St. (CCP# 55 — Dec. 10, 2002) That the above item be and the same hereby is received and filed. No. 121 Restaurant Dance Class III - 236 Delaware Avenue (Item No. 33, C.C.P., Dec. 10, 2002) Mr. Fontana moved that the above item be recommitted to the Committee on Legislati6n. ADOPTED. No. 122 Second Hand Dealer - 11 Court (Item No. 35, C.C.P., Dec. 10, 2002) Mr. Fontana moved that the above item be recommitted to the Committee on Legislati6n, ADOPTED. No. 123 Second Hand Dealer - 1832 Seneca Street (Item No. 36, C.C.P., Dec. 10, 2002) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. No. 124 Second Hand Dealer - 2168 Seneca Street (Item No. 4 1, C.C.P., Nov. 26, 2002) (Item No. 84, C.C.P., Dec. 10, 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 Second Hand Dealer license Jordan Ali d /b /a Jordan's Furniture located at 2168 Seneca Street. PASSED AYES -13- NOES -0 No. 126 Used Car Dealer - 114 Breckenridge (Item No. 37, C.C.P., Dec. 10, 2002) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to Sabrina Irizarry d /b /a Cosuma, located at 114 Breckenridge with a seven car PASSED AYES -13- NOES -0 NO. 126 Used Car Dealer - 534 Colvin (Item No. 38, C.C.P., Dec. 10, 2002) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to John Ali d /b /a Boulevard Auto Sales, located at 534 Colvin. PASSED AYES -13- NOES -0 NO. 127 Used Car Dealer - 321 Hampshire (Item No. 39, C.C.P., Dec. 10, 2002) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to Miguel Lopez d /b /a Hampshire Auto, located at 321 Hampshire with a twenty car limit. PASSED AYES -13- NOES -0 NO. 128 Used Car Dealer - 771 Military (Item No. 40, C.C.P., Dec. 10, 2002) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to Michael Vaccaro J /b /a Buffalo Truck Equipment Inc., located at 771 Military Road. PASSED AYES -13- NOES -0 NO. 129 Streets Paved -2002 Const. Season (PW) (CCP #19 -Dee. 10, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 130 Draft Env. Assess. -Main St. Multi Modal Access & Revital. Proj. (PNV) (CCP #22 -Nov. 12,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 131 Notification Serials #9528 -32 (PW) (CCP #8 -Dec. 10, 02) That the above item be and the same hereby is received and filed. ADOPTED Community Development (Antoine M. Thompson, Chairman) NO. 132 Req. for Poverty Analysis of 10/15/02 (Strat. Plan.) (CCP #7 -Nov. 26, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 133 Req. Quick /Thorough Cleanup -383 Babcock St. (CCP# 109 -Jan. 9, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 134 K. Ellington -COB Franczyk Pk. Drainage Imp. Proj. Wk. Plan. Supp. (00, 2/6) CCP #120 -Apr. 3, 02) That the above item be and the same hereby is received and filed, ADOPTED NO. 135 D. Farrar- NYS DEC - Scajaquada Creek -West Ave. Bridge -Haz. Waste Disposal (CCP #65 -Nov. 26,02) That the above item be and the same hereby is received and filed. ADOPTED No. 136 Scajaquada Pathway -Phase III- SEQR/Full EAF (PW) (CCP #18 -Dec. 10, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 137 D. Farrar - NYSDEC -1001 Delevan Ave. -Haz. Waste Disposal (CCP #66 -Nov. 26, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 138 D. Farrar- NYSDEC- I Howell St. - Marcon Erectors -Haz. Waste Disposal (CCP #67 -Nov. 26, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 139 Set Policy- Retaining Pub. Access - Waterfront Prop. Sold by COB (CCP #136 -Oct. 29, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 140 Env. Mgmt. Comm. -Set Policy- Retaining Pub. Access - Waterfront Prop, Sold by COB ( Strat. Plan.) (CCP45 -Nov. 12, 02) That the above item be and the same hereby is received and filed. ADOPTED No. 141 J. Dailey - Req. Opp. Address Council - Praxair, Inc. (Item No. 88, C.C.P., Mar. 19, 2002) Mr. Thompson moved that the above item be recommitted to the Committee on Community Development. ADOPTED SPECIAL COMMIFFEES POLICE REORGANIZATION & OVERSIGHT COMMITTEE (DOMINIC J. BONIFACIO JR., CHAIRMAN) NO. 142 P. HANIS -NCWP- PRESENTATION TO POLICE REORG. COMM. (CCP #104 -SEPT. 3, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 143 P. HARRI S- RECRUIT. /RETAIN. WOM.- SELF - ASSESS. GUIDE -LAW ENF AGENCIES (CCP #71 -OCT. 1, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 144 REPEAL OF THE ROCKEFELLER DRUG LAW (ITEM NO. 129, C.C.P., OCT. 1, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Bonifacio Moved: That the City of Buffalo Common Council support New York State in reforming the Rockefeller Drug Laws. ADOPTED NO. 145 C. FISHER -C. HUNTER -CONC. - CONDITIONS OF LISBON /HIGHGATE AVE. (#82,7/23) (CCP# 111 -OCT. 15, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 146 C. FISHER -C. HUNTER - CONCEMS -COND. OF LISBON & HIGHGATE, AVE. (A &F) (CCP #52 -OCT. 29, 02) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 147 BY: MR. BONIFACIO ORDINANCE AMENDMENT CHAPTER 175 - 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 413, Streets and Sidewalks Fee § 413 -37, temporary storage of materials or temporary structures in sidewalk space or roadway Parking control signs $0.15/si Meter bags $0.50 /meter bag 30 -day permit, per foot $0.35 Minimum $12.00 Sidewalk or roofing contractor annual permit $105.00 APPROVED AS TO FORM Corporation Counsel NOTE: Matter in brackets to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 148 BY: MR. COPPOLA SALARY ORDINANCE AMENDMENT 50 - DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS 1250 - FLEET MAINTENANCE The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 50 - Department of Public Works, Parks & Streets, 1250 - Fleet Maintenance which currently reads: 1 Head Motor Equipment Mechanic $ 29,327 - $ 33,392 9 Motor Equipment Mechanic $28,999-$ 32,661 Is hereby amended to read: 2 Motor Equipment Mechanic Supervisor 1 $30,806 - $ 35,381 8 Motor Equipment Mechanic $28,999- $ 32,661 JOSEPH N. GIAMBRA, COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS AND, JAMES B. MILROY, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 149 BY: MARC A. COPPOLA SALARY ORDINANCE AMENDMENT DEPARTMENT OF PUBLIC WORKS., PARKS & STREETS 1211 - REPAIR & CONSTRUCTION OF STREETS 1216 - STREET LIGHTING 1460 - PARKS, GOLF COURSES AND GARDENS 1096 - OPERATION & MAINTENANCE OF BUILDINGS 1480 - DUNN TIRE PARK The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to Department of Public Works, Parks & Streets, 1211 - Repair & Construction of Streets, 1216 - Street Lighting, 1460 - Parks, Golf Courses and Gardens, 1096 - Operation and Maintenance of Buildings and 1480 — Dunn Tire Park which currently reads: 1211 - REPAIR & CONSTRUCTION OF STREETS 1 Associate Land Surveyor $ 49,130 - $ 58,134 2 Senior Engineer $ 45,413 - $ 52,530 1216 - STREET LIGHTING 1 Superintendent of Street Lighting $ 45,413 - $ 52,530 1096 - OPERATION & MAINTENANCE OF BUILDINGS 10 Senior First Class Stationary Engineer $ 31,809 - $ 37,213 1480 - DUNN TIRE PARK 1 Head Stadium Groundskeeper $ 32,520 - $ 37,606 Senior First Class Stationary Engineer $ 31,809 - $ 37,213 Is hereby amended to read: 1211 - REPAIR & CONSTRUCTION OF STREETS 3 Senior Engineer $ 45,413 - $ 52,530 1 Senior Engineer $ 45,413 - $ 52,530 1216 - STREET LIGHTING 1460 - PARKS, GOLF COURSES AND GARDENS 1 Head Stadium Groundskeeper $ 32,520 - $ 37,606 1096 - OPERATION & MAINTENANCE OF BUILDINGS Senior First Class Stationary Engineer $ 31,809 - $ 37,213 JOSEPH N. GIAMBRA, COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS AND JAMES B. MILROY, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM Corporation Counsel 12/13/2002 Attachments REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 160 BY MR. COPPOLA SALARY ORDINANCE AMENDMENT 03 - EXECUTIVE DEPARTMENT 1601 - MAYOR The Common Counsel of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 03 - Executive 5 0 1 - Mayor which currently reads: 1 Director of Operations $70,070 is hereby amended to read 1 Chief of Staff -Mayor $75,424 It is HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage Foregoing ordinance is necessary. ANTHONY M. MASIELLO, MAYOR AND JAMES B. MILROY, DIRECTOR OF BUDGET hereby Certify that the above change is necessary for the proper conduct, on and performance of essential services of that department. We recommend that the compensationfor said position be fixed it the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement, of the duties for such position, has been filed with the Municipal Civil Service Commission and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. APPROVED AS TO FORM PASSED AYES -13 NOES -0 NO. 161 BY. MR. COPPOLA ORDINANCE AMENDMENT CHAPTER 176 - FEES The common Counsel of the City of Buffalo does hereby ordain as follows Chapter 175 of the Code of the City of Buffalo be amended to read as follows: Elevators and Conveyances 167 -8 elevator installers and inspector's license and renewal, biennial $400.00 167 -14B, Elevator, construction permit Construction permit $105.00 Each stop additional, except for permits issued for $105.00 Wheelchair lifts and inclined stairway chair lifts for private residents Material alterations $52.50 Each stop additional, except for permits issued for $105.00 Wheelchair lifts and inclined stairway chair lifts for private residents $10.50 167 -15A and B certificates of operation New Elevator installation $105.00 Existing installations Initial certificate $52.50 Renewal certificate [26.25] 36.25 City inspection of wheelchair lifts And inclined stairway chair lifts $5.00 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 NOTE: Matter in brackets to be deleted, matter underlined is new. PASSED AYES -13 NOES -0 No. 162 Mr. Coppola Re: Ordinance Amendment Chapter 263 - Licenses The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 263 of the Code of the City of Buffalo be amended to read as follows: Article VIII Pro - ration of License Fees 263 -38 Pro -rated License Fees. All new applicants applying on forms provided by the City of Buffalo's Office of Licenses for a license, which has a set expiration date, shall be subject to the following terms and conditions: a. Any license application made to the Office of Licenses within the first six (6) months of expiration date will be required to remit the license fee as specified in Chapter 175, Fees b. Any license application made to the Office of Licenses within the last six (6) months of its expiration date shall be entitled to a fifty percent (50 %) pro- ration for the first year of license fee as specified in Chapter 175, Fees. It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. PASSED AYES -13- NOES -0 NO. 163 MR. BRIAN DAVIS Permission To Hang Banners for the Style & Beats Fashion Show on the Corners of Franklin & Chippewa and Delaware & Chippewa Whereas: Funk & Fashion would like to advertise a Fashion Show at the Sphere Nightclub - Style & Beats Fashion Show; and Whereas: In order to promote the event, representatives from the Funk & Fashion Organization request permission to temporarily hang banners in two (2) locations on Chippewa Street from January 6, 2003 through January 23, 2003 in celebration of the Style & Beats Fashion Show at the Sphere; and Whereas: the two banners will be displayed on the comer of Franklin and Chippewa Streets from Pole Number 240 to Pole Number 245 and on Delaware Avenue and Chippewa Street from Traffic Pole to Traffic Pole; and Now Therefore Be Resolved That: This Common Council grants permission to Funk & Fashion to hang two (2) banners for the Style & Beats Fashion Show held at the Sphere to advertising the Fashion Show; and Be it Further Resolved: That said banners will hand on the comers of Franklin & Chippewa Streets anti Delaware Avenue and Chippewa Street from January 6, 2003 until January 23, 2003; and Be It Finally Resolved: That said banners meet all the requirements of pertinent City departments and that no existing laws be violated. PASSED AYES -13- NOES -0 NO. 164 By: Mr. Fontana Installation of at -grade crossings on Babcock St. Whereas: In an effort to open up developable land in the Seneca /Babcock area of the City of Buffalo, Conrail Corporation agreed to demolish the Babcock St. bridge and install an at grade crossings on Babcock St. between Clinton St. and Seneca St.; and Whereas: Upon Norfolk Southern's new ownership of the Conrail Corporation, the decision was made by Norfolk Southern to demolish the bridge and install a new bridge in it's place; and Whereas: During numerous meetings in the area it was determined that an at grade crossing would be the best for development of a near -by proposed industrial park. A bridge of any kind would cut off access to the proposed business park in the area; and Whereas: The City of Buffalo is in desperate need of developable acreage for job creation within the city; and Whereas: If Norfolk Southern re- installs a bridge on Babcock St. it will adversely affect job creation efforts in the City of Buffalo; and Therefore Be It Resolved: If the Common Council goes on record to support an at grade crossing on Babcock St. in an effort to create business opportunities in the Seneca /Babcock area; and Therefore Be It Finally Resolved: The certified copies of the resolution be sent to Norfolk Southern, New York State Department of Transportation Region 5 Director Brian Rowback, and to the members of the State and Congressional Western New York Delegation. ADOPTED NO. 155 By: Mrs. Grant, Mr. Pitts, Ms.Gray, Messrs. Davis, Fisher, Franczyk and Thompson Annual Tribute to Harriet Tubman Whereas: Harriet Tubman, born in 1820 on a slave plantation near Cambridge Maryland, is a great American Heroine, whose daring and courage during thirty trips to the deep South helped to lead over 300 slaves to freedom; and Whereas: Ms. Tubman's route to freedom led many of these slaves through Buffalo and the surrounding Niagara region in their j journey as they were assisted by compassionate individuals on both sides of the International Border between the United States and Canada; and Whereas: Many of the sites Harriet Tubman visited or the trails the slaves utilized became known as the Underground Railroad and are now being designated and developed as historic sites on the State's Heritage Tours Campaign; and Whereas: Harriet Tubman's deeds as a scout and later as nurse for the Union Army during the civil war are legendary; and Whereas: Harriet Tubman, called the "Moses" of her people, boasted that she "never lost a passenger or ran the train off the track ", died at the age of 93 on March 10, 1913 in Auburn New York; and Whereas: In 2003, the Michigan Street Bridge in Niagara Falls will be renamed the "Harriet Tubman Bridge "; and Whereas: In Spring 2003, the Buffalo Board of Education will rename and dedicate Public School No. 12, "The Harriet Tubman School" Now, Therefore, Be It Resolved That: Copies of this resolution be forwarded to the New York State Western New York Delegation, where a similar resolution, sponsored by Deputy Speaker Arthur 0. Eve is currently tabled in committee, Be It Further Resolved That: Copies of this resolution be forwarded to the United States representatives in Congress to request that legislation be developed to push for a National Holiday to honor Harriet Tubman as the first American female to be so honored; and Be It Finally Resolved That: March 10th in the year 2003, and every succeeding year thereafter, be designated Harriet Tubman Day in Buffalo. ADOPTED NO. 156 By: Mrs. LoTempio Indemnification of the Board of Education and Acceptance of Funds for the Lighted Schoolhouse Programs Whereas: Contract Administration, located in the Department of Community Services will conduct the Lighted Schoolhouse Program in 20022003;and Whereas: Approval of the program must be authorized by the Common Council for each location; and Whereas: The Lighted Schoolhouse Program continues to be of great benefit to the citizens of Buffalo at the following facilities: CTRC, FLARE, Friends to the Elderly, Humboldt YMCA, Waterfront, School 38, 40, 45, 54, 56, 81, Build Academy, Seneca /Babcock B &G Club, Riverside, First Ward Community Center, Southside, McKinley, Dulski Community Center, Valley Community Center, Bailey Delavan Community Services, Delavan - Grider Center, Holy Cross Church, Hennipen Park Community Center, Clark Gym, St. Philips Community Center, and Stepping Stone ; and Whereas:The Common Council must accept, on behalf of the City of Buffalo, the funds allocated by the Buffalo Urban Renewal Agency as follows: $248,416 for programmatic costs for the Lighted Schoolhouse Program. Now Therefore Be It Resolved: That the Common Council authorized the Department of Community Services, various community corporations, civic organizations and other persons, firms, corporations and agencies to conduct Lighted Schoolhouse Programs, provided that each program and its sponsor be first approved and authorized by this Common Council, and that such authorization and approval be communicated to the Buffalo Board of Education; and Be It Further Resolved: That the City of Buffalo, NY, hereby agrees to indemnify and hold harmless the Board of Education of the City School Districts of the City of Buffalo, NY, for claims arising from the conduct of such Lighted Schoolhouse programs undertaken with prior approval and authorization of the Common Council; and Be It Finally Resolved: That the Common Council accepts funds allocated by the Buffalo Urban Renewal Agency as follows: $248,416 for programmatic costs. PASSED AYES -13- NOES -0 NO. 157 By: Mr. Thompson and Mr. Davis Memorialize the U.S. Senate and U.S. House of Representatives Regarding Offensive Comments by United States Senator Trent Lott Whereas: The United States of America is a nation of diverse people cultures and lifestyles. Our government like the people it represents, in many parts of the nations is reflective of the melting pot concept. We all recognize that achieving diversity and tolerance in the public sphere, the workplace, and American society has not been without its challenges and sacrifices; and Whereas: The United States has come a great distance in race relations since 1952, 1962, and even 1972. Although there remain disparities among the races and genders in educational attainment, work and pay rates, business ownership rates, and public offices held, clearly progress has been made in the aforementioned areas and would be inappropriate to suggest that "America WOULD NOT HAVE THE PROBLEMS WE HAVE TO DAY, IF WE WERE STILL IN THE GOOD OLD DAYS. "; and Whereas: Trent Lott, the Senior U.S. Senator from Mississippi, who currently holds the position of Majority Leader of the United States Senate, the third most powerful position in the world, who's continuous actions not only of recent but throughout most of his political career has sparked many controversies regarding race, class, gender and ethnicity. Senator Lott's continual and recent actions and remarks, have sparked a firestorm in the general public and political and government circles across the U.S. And while we all recognize that all public officials and citizens have the full protection of the First Amendment of the U.S. Constitution, we do recognize that there is a balancing act for public officials, civic, religious, and business leaders both in public and private settings. Thus, it is appropriate given Senator Lott's negative legislative record regarding racial equality, and Civil Rights that the President, members of the U. S. House of Representatives and the U.S. Senate, and public officials throughout the nation condemn not only his actions but his words. Now, Therefore, Be It Resolved: That this Common Council of the City of Buffalo, strongly admonishes the words and actions of U.S. Senator Trent Lott and certified copies of this Resolution be sent to the U.S. President, Governor Pataki, Majority Leader of the NY Senate, Speaker of the NYS Assembly, and members of the VVNY state and federal delegations. ADOPTED NO. 158 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 Minister James Giles By Councilmember Pitts, Davis, Thompson, Grant, Fisher III,Gray Felicitation for Pastor Edward Courton By Councilmember Pitts, Michaux III ADOPTED. NO. 159 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, 2004, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: BENZ, CAROL BROWN, ANTHONY BUDZYNSKI, KIMBERLY CAMPANELLA, GRACE HOFFMAN, ELLEN JONES, NICHELLE LOCURTO, KIMBERLY MAREK, DENNIS MCHALE, KATHLEEN MILEWSKI, DEANNA MINGARELLI, CARLA ONEIL, MEGHAN PALMER, VIOLA PEOPLES, BARBARA PICKENS, CHARLES PYRAK, MARY ANN RICHARDSON, AFRIKA RYKOVICH, LORI TARDIVO, AILEEN VACCARO,DONNA KUSMIERSKI, JENNIFER JOHNSON,JOANNE FITCH, ANNETTE LEISING, JANICE BLINZLER, MONIKA BRUCATO, LISA BYRNS,KAREN GULLIS, STEVEN HUBBARD, TOMAR LINTON, SUSAN MALONEY, CHRISTINE MARINARO, LORI MELCHIORRE, ALFRE MILLER, DIANE MORRISON, KATHIE OVERHOFF, BARBARA PAUSE,SARA PERSITYN, DIANNE PIERCE, EUGENE REID, HERBERT RITER, MARYANNE SICKAU, LESLIE TEAL, JUSTIN FREY, PATRICIA TAIT, PAMELA SIMS, FRANK KASPEREK, EDWIN SPINLEY, BERNICE Total: 48 MEYLER -PIRK, ADOPTED MELDRUM,ROBERT NO. 160 BY: ANTOINE M. THOMPSON VERRSTRO,KATHLEEN Appointments BECK,STEPHEN 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, 2004, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the COLLINS, TIMOTHY ARTHURJR,GEORGE CYBULSKI,LUKE HUGHES, SUSAN KARN,SANDRA PARISI, JILL ORTA, EDWIN SKINNER, KEN SMITH, GARNELL WHITFIELD JR, GARNELL ZAK, BARBARA BARONE, KAREN BUFFAMANTI, SUZANNE DALEY,NELL DIMITRI, KAREN JACKSON,MAE KINMARTIN, CHERYL KNOPE, SHARON MARRONE, MADELINE NOWAK, LISA SCOVILLE, MADONNA STEBLEIN, ANNE STRATE,KEA TYLER, MARY WHITEHEAD, MARQUITTA QUINTANA, YOLANDA MASI, CHARLES HOFFERT,MICHAEL POLETO, DONALD CONIGLIO, ROBERT RICHARDS, DENNIS BORCZYNSKI, ROSE FAY, SHARON BARBERG, KEVIN PODSIADLO, KATHLEEN MEYLER -PIRK, JEANNEPANIKOWSKI, HELEN BLERSCH, SALLIE MELDRUM,ROBERT GREENAN, JOHN BURNS- DICIOCCIO, TAMI LEIDOLPH, DOREEN BROWN, SANDRA BYRNE, GREGORY CHISHOLM, MALINDA GROVES, PATRICIA DEGRAFFENRIED, CHRISTI N E MURANYI,KAREN OVAK, STEFANIA ROBINSON, SONJI STABLER, MILDRED RELOSKY JR, FRANK SURDYK, HEATHER BURGIO, RANDALL CATANZARO,JOSEPH CHIODO, CHRIS DIFRANCO, MICHAEL DOLAN, TIMOTHY GARRITY, MICHAEL GERACE, THOMAS HERRING, CHRISTINE HERRITAGE IV, JOHN JONES,MARTY KARSZEWSKI, PHILIP MELLING, ROSEMARY RIGA, JOSEPH WAYNE, DAVID RINALDO, JEFFREY OSTROWSKI, PHYLLIS FLOWERS, MICHAEL DOLAN,CHERI BATTAGLIA, GEORGE CARTER, THOMAS BROOKS, MICHELLE BIEHUNIK, JOSEPH BROWN, MICHAEL CHWOJDAK, GARY JONES, NICLE LINEHAN, JOHN MAHONEY, BRIAN NORECK, PAUL RIVERA, DAVID WEISER, JAMES COTTER, EDWARD DIMINO, THOMAS KESSLER,DENNIS SCHUSTER, MARY PAT MALONEY, KEVIN WALTON, JONATHAN ROGERS, FRANCIS LYON, THOMAS NICOSIA, STEVEN GALANTE, PAULA LILLIS, DAVID REILLY, PATRICIA HARGROVE, TYRONE BRONNER, JILL OWENS, SONDRA MERRIWEATHER, MICHAEL WINNERT, JUDY PALKA - ARMSTRONG, KATHLEEN PETRUCCI, SHANNON IRIN, PATRICK HEIDE, ANN TORRE, PHILLIP BROWN, MATTHEW SAVAGE,PETER GLEED, THOMAS PHILLIPS, JUAN TAYLOR,BERNADETTE DANAHY,MAUREEN KRIEGER, GRETC HEN ANDERSON,SUSAN BOULWARE- WRIGHT, LANETTE VERRSTRO,KATHLEEN BECK,STEPHEN BENJAMIN, MARLENE BLOCK, DENNIS BORECK, DUANE COOK, PETER ESTENOZ,JEANNE GRAHAM,THERESA JESTER,SUSAN KVAHAY, LINDA LOEFFLER, JANE MCLUGHLIN, PATRICK MCQUILLAN, RODERICK MILLIGAN, ELOISE PETERSON, KEVIN Linda M Kopiasz Anne Marie Snyder Sandra L. Booker John E Davidson Dona R. Reid Phyllis A. Odom Nancy G. Schmelzer Elaine F. Pinski Susan M. Ott Latisha Graves Michelle R. Escabi Margaret M Strong Lucy M. Flowers Sally J Krantz Elizabeth M. Haley Elaine Taylor David H. Owczarzak Nancy M Cullinan Michael A. Smyntek Jacqueline M Taravella Tracy L. Nowicki Linda Kaminski Laurie Gombos Leondra D. Hughes Jennifer Lafferty Jacqueline A. Blachowski Francis M Clouden Candace M Whiffield Dorothea A. Gechell Kristi McAleer Lisa A. Kulp Joseph B. Wotf Deborah A. McCulley Mildred Gonzalez Maureen Zimmermann Marcy Zaehringer Latonya C. Young Cheryl H. Weitz Christine C. Unverdorben Sharon L. Tojek Joseph Swiatek Richard H. Stickney Jody P. Starr Sheila A. Sparks Darla J Schwanz Karen M. Ortiz Delphine R. Miszewski Cheryl L. Matter Susan L. Laubacker Lynn A. Krakowiak Kathy M Koscielniak Paula M Kurzawa Linda M Jones Richard Keith Katherine J Hoelscher Audra J Hayden Mary G, Hathaway Elizabeth V Ganci Toni Fekete Christine M Cybulski Kathryn Bonafede Rose M. Kuta Judith A. Bartlett Geraldine Barone Kathlleen K. Gallivan Marie L. Dempsey Pamela A. Perry Theresa A. Sullivan Catherine E. Keane Virginia A. Beyer Joanne Burst Stephen P. Meegan Richard C. Waite Deborah A. Losardo Rodney G. Daniel Charles B. Walker Sandra Lewis Debra R. Flanagan Maria V Slomczewski Nancy Finnegan Joseph M. Cucinotta Margaret Kasper Sandra Hayden Lynn M. Lansom Ann S. Marchese Gary J Szczesny Laverna S. Armbruster Susan D. Evans Elizabeth Yager M. Cindy Ann Breslin Alicia Bevilacqua Marcus D. Hill Lorraine A. Corcoran Antionette J Broughman Margaret M. Provenzano Michael D. Stoffel HERNANDEZ, MARCELINO SACK,MARGARET LANE, MARILYN FRICANO, ROSEMARY TORRE, PHILLIP GUGLIUZZA, MARY CRAWFORD, DENISE MINOR, REGINALD LAUBER,MARK COOK, JOSEPH FIQUEROG, DANIEL BELTZ, DEBORAH BURSIE, ERNEST DELANO, DENNIS SALAMORE, TIMOTHY COSTANTINO, ANTHONY WAGSTAFF, RICHARD STAMBACH, MARK VAUGHN,MARK ORTIZ, ANDRES LEMA, JAMES JUDGE, PATRICK LONERGAN, JAMES SCINTA, ANTHONY GRISANTI, ROBERT GIARDINA, JAMES ARONICA, CHARLES ROOT, MICHAEL ACOSTA,SYLVESTRE RZESZUTEK,ROBERTA FONTANA, RICHARD BLIDY, DAVID HOUSE, WILLIE TOOKE, JEFFREY BELLIOTTI, FRANCIS SANFILIPPO, ANDREW BENZ, CAROL BLINZLER, MONIKA BROWN, ANTHONY BRUCATO, LISA BUDZYNSKI, KIMBERLY BYRNS,KAREN CAMPANELLA, GRACE GULLIS, STEVEN HOFFMAN, ELLEN HUBBARD, TOMAR JONES, NICHELLE LINTON, SUSAN LOCURTO, KIMBERLY MALONEY, CHRISTINE MAREK, DENNIS MARINARO, LORI MCHALE, KATHLEEN MELCHIORRE, ALFRED MILEWSKI, DEANNA MILLER, DIANE MINGARELLI, CARLA MORRISON, KATHIE ONEIL, MEGHAN OVERHOFF, BARBARA PALMER, VIOLA PAUSE,SARA PEOPLES, BARBARA PERSITYN, DIANNE PICKENS, CHARLES PIERCE, EUGENE PYRAK, MARYANN REID, HERBERT RICHARDSON, AFRIKA RITER, MARYANNE RYKOVICH, LORI SICKAU, LESLIE TARDIVO, AILEEN TEAL, JUSTIN VACCARO,DONNA FREY, PATRICIA KUSMIERSKI, JENNIFER TAIT, PAMELA JOHNSON, JOANNE SIMS, FRANK WILLIAMS, JEANNETTE HIRSCH, SCOTT PIERI, MICHELE ULEWSKI, JACOB RUFF, JIM FITZPATRICK, MARK SOBOLEWSKI,CAROL Thiel, Cheryl Thomas, Sylvia A. Threat, Adrienne D. Tirone, Maureen Trietley, George C. Trifiletti, Philip R. Trimper, Mary Trzyna, Michaeleen Lifland, Denise VanderHaeghe, Rosemary VanDette, Constance Vasbinder, Edward A. Velazque Elena Verrastro, Julie M. Wagner, Albert C. Wagner, Kelly B. Wakelee, Molly J. Wall, Constance E. Wannop, Maryann Watson, Jeanne M. Wawrzyniak, Michael Weitzel, Robert C. Welker, Patricia J. Welsted,Julie A. Wieder, Kim L. Wiest, Todd Wiles, David Williams, Lynne S. Williams, Ruth E. Wiskup, 'Sandra M. Wode, Donna Young, Angela Young, Nancy Zauner, Mark J, Zorn, Ann Zulewski, Michael TOTAL 305 ADOPTED UNFINISHED BUSINESS NO. 161 BOND RESOLUTION - $2,600,000 - CAZENOVIA CREEK SLOPE WALLS, # 106 12/10/02) Mrs. LoTempio moved that the above item be taken from the table Seconded by Mr. Fontana CARRIED Mrs. LoTempio now moved approval -of the above item. Seconded by Mr. Fontana AYES -13 NOES -0 NO. 162 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 1'3'h floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Thursday, January 2, 2003 at 9:3 )0 o'clock A.M. Committee on Finance Thursday, January 2, 2003 at 10: 00 o'clock A. M. following Civil Service Committee on Legislation Thursday, January 2, 2003 at 2:00 o'clock P.M. Committee on Comm. Dev. Friday, January 3, 2003 at 10:00 o'clock A.M. Committee on Education Friday, January 3, 2003 at 2:00 o'clock P.M. Special Committees MBEC Monday, January 13, 2003 at 10:00 o'clock A.TV[. in Room 1417 City Hall. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen. we can only mak notification of what we are made aware NO. 163 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Mr. Fisher the Council Adjourned at 4:12 pm CHARLES L. MICHAUX, III CITY CLERK