The URL can be used to link to this page

Home My WebLink About02-0625 02-0625.txt No.(13) COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO (June 25, 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 Page 1 02-0625.txt FINANCE COMMITTEE: Betty Jean Grant, Chairman, Marc Coppola, Brian C. Davis, Charley H. Fisher III, David A. Franczyk, Mary Martino-Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, Joseph Golombek Jr., Betty Jean Grant, Rosemarie LoTempio, Members RULES COMMITTEE: James W. Pitts, Chairman Charley H. Fisher III, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Charley H. Fisher III, Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, David A. Franczyk, Beverly Gray, Antoine Thompson; Members SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty Jean Grant, Joseph Golombek Jr.; Members BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Richard Fontana, Mary M. Martino, James W. Pitts ERIE BASIN MARINA LEASE COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr., Charley H. Fisher III, Joseph Golombek Jr. POLICE REORGANIZATION COMMITTEE: Dominic J. Bonifacio Jr., Chairman, Brian C. Davis, Richard Fontana, David A. Franczyk, Mary Martino, Charley Fisher III. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, (JUNE 25, 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 (June 11, 2002) were approved. FROM THE MAYOR FROM THE MAYOR NO. 1 APPOINTMENT OF MEMBER TO THE BUFFALO ARTS COMMISSION Pursuant to the powers vested in me in Chapter 6, Article Page 2 02-0625.txt 5, Section 6-26 of the Code of the City of Buffalo, I hereby appoint the following member, who will serve at the pleasure of the Mayor, to the Buffalo Arts Commission: Tod Kniazuk 316 Willett Street, Buffalo, 14206 Mr. Tod Kniazuk is presently employed at the Erie County Legislature as a Managerial-Confidential Staff Member, a position he has held since 1997. In the past he has served as a writer and media advisor for the Bee Group Newspapers, Alligator Records, Hitman Enterprises, Inc. and for NYS Assemblyman Sam Hoyt. Mr. Kniazuk's community involvement has included membership on the Buffalo Arts Funding Advisory Committee, Hawk Creek Wildlife Rehabilitation Center, UB State of the Region Project and the WNY Blues Society. Mr. Kniazuk earned both his BA (in Social Science Interdisciplinary) and his MA (Urban Planning) at SUNY at Buffalo. Mr. Kniazuk will be replacing Ann Marie Jenczka-Caldiero on the commission. I hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Arts Commission. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE DIRECTOR OF COLLECTIONS NO. 2 APPOINTMENT OF MEMBER TO THE BUFFALO BOARD OF ETHICS Pursuant to the powers vested in me by Section 12-19, Article 11, Chapter 12 of the Buffalo Code, I hereby appoint Charles 1. Price, residing at 652 Woodlawn Avenue, Buffalo, NY 14211, as a member of the Board of Ethics for a term expiring September 4, 2006. Mr. Price is filling the unexpired term of Charles Carr, who has resigned. Charles I. Price 652 Woodlawn Avenue Buffalo, 14211 At the present time, Mr. Price is the International Representative of the UAW International Union, Region 9. He has been employed with the UAW since 1969. In addition he served as the Staff Coordinator for the Civil Rights Committee of the WNY Community Action Program Council. Over the last 40 years Mr. Price has served on many boards, both community and labor oriented. I hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Board of Ethics. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE DIRECTOR OF COLLECTIONS NO. 3 REAPPOINTMENT AND APPOINTMENT OF MEMBERS TO THE BOARD OF HEATING EXAMINERS Pursuant to the powers vested in me by Section 238-17, Article 11, Chapter 238 of the Buffalo Code, I hereby reappoint and appoint the following individuals to serve as members of the Board of Heating Examiners for a term commencing immediately and expiring April 30, 2005: REAPPOINTMENT: Uly Hankerson 102 Alma Buffalo, 14215 Mr. Hankerson's reappointment is a continuance of his term and the new term will expire April 30, 2005. Page 3 02-0625.txt APPOINTMENT: Robert P. Moffett Jr. 449 Crescent Ave. Buffalo, 14215 Mr. Moffett is currently the Acting President of Colgate Heating Corporation. He has served with the company since 1987, which his father, now deceased and a former member of this board, founded in 1972. A licensed heating contractor, Mr. Moffett has completed many permitted installations for the industrial, public works, commercial and institutional customers in WNY. Mr. Moffett, a lifelong resident of Buffalo, graduated from Canisius College in 1987 w1th a B.A. in History and Economics. Mr. Moffett's term will commence immediately and expire April 30, 2005. Daniel G. Granville 112 South Street Buffalo, 14202 Mr. Granville had previously served as New Construction Manager and Supt. of Maintenance for Buffalo Urban Renewal and as the Chief Engineer for the Hyatt Regency Hotel. Mr. Granville also worked as an engineer for Memorial Auditorium and Pilot Field. Mr. Granville's term will commence immediately and expire on April 30, 2005. EX-OFFICIO MEMBERS: Timothy Keenan - Chief Combustion Inspector Robert Stasio - Chief of the Bureau of Fire Prevention I hereby certify that the above named individuals are fully qualified to serve on the Board of Heating Examiners. I would like to appoint Uly Hankerson as Chairman of the Board of Heating Examiners. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE DIRECTOR OF COLLECTIONS FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 4 S.BISSONETTE 605 FILLMORE AVENUE HUMAN SERVICE FACILITY ITEM NO. 78, C.C.P. 6/11/2002 The City Planning Board at its regular meeting held Tuesday, June 18, 2002, considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to convert a commercial building formerly a law office into a human service facility to be used by Cazenovia Recovery as an office for clients and others to pick up materials and checks. Under SEQR the proposed Human Service Facility is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to communicate a finding of no additional concentration of similar uses within « mile radius of the site. RECEIVED AND FILED NO. 5 PARADISE OPPORTUNITIES INC. 69 MILLS ST. HUMAN SERVICE FACILITY ITEM NO. 76, C.C.P. 6/11/02 The City Planning Board at its regular meeting held Tuesday, June 18, 2002, considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code, Use permit required for human service facilities. Page 4 02-0625.txt The applicant seeks to convert a residential multiple dwelling into a human service facility for women recovering from alcohol and substance addiction. The facility at 69 Mills Street will be renovated. Under SEQR the proposed Human Service Facility is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to communicate a finding of no additional concentration of similar uses within 1/2 mile radius of the site. RECEIVED AND FILED NO. 6 PARADISE OPPORTUNITIES INC. 89 MILLS ST. HUMAN SERVICE FACILITY ITEM NO. 77, C.C.P. 6/11/2002 The City Planning Board at its regular meeting held Tuesday, June 18, 2002, considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to convert a residential multiple dwelling into a human service facility for women recovering from alcohol and substance addiction. The facility at 89 Mills Street will be renovated. Under SEQR the proposed Human Service Facility is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to communicate a finding of no additional concentration of similar uses within « mile radius of the site. RECEIVED AND FILED NO. 7 PARADISE OPPORTUNITIES INC. 426 WEST DELAVAN. HUMAN SERVICE FACILITY ITEM NO. 78, C.C.P. 6/11/2002 The City Planning Board at its regular meeting held Tuesday, June 18, 2002, considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to convert a residential multiple dwelling into a human service facility for women recovering from alcohol and substance addiction. The facility at 426 West Delavan will be renovated. Under SEQR the proposed Human Service Facility is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to communicate a finding of no additional concentration of similar uses within 1/2 mile radius of the site. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 8 M. ALETTO 456 ELMWOOD AVENUE ERECT 3200 SQ. FT.MASONRY MINI MART AND GAS STATION ITEM NO. 105, C.C.P. 5/14/02 The City Planning Board at its regular meeting held Tuesday, June 18, 2002 considered the matter captioned above pursuant to Section 511-56 of the Buffalo Code, Elmwood Ave. Business District. The applicant seeks to erect a new 3200 sq. ft. mini mart with gas pumps replacing the existing service station. Under Page 5 02-0625.txt SEQR the proposed mini mart is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the use in the EB District for the proposed mini mart and gas station. RECEIVED AND FILED NO. 9 PETER PIOTROWSKI 783 ELMWOOD AVE. SIDEWALK CAFE ITEM NO. 33, C.C.P. 6/11/02 The City Planning Board at its regular meeting held Tuesday, June 18, 2002, considered the matter captioned above pursuant to Section 413-59 of the Buffalo Code, Sidewalk cafes. The applicant seeks to expand an existing restaurant with the encroachment of the right-of-way with a 301x8' sidewalk cafe in front of the business located at 783 Elmwood Avenue. Under SEQR the proposed sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the sidewalk cafe with the following conditions: 1. No outside music is allowed 2. No outside trash receptacles 3. Closing at 11 p.m. 4. Four feet of unobstructed vertical sidewalk clearance to remain 5. Approval by Public Works and Division of License RECEIVED AND FILED NO. 10 JEREMY KORNBLUTH 3160 MAIN STREET SIDEWALK CAFE ITEM NO.34, C.C.P. 6/11/02 The City Planning Board at its regular meeting held Tuesday, June 18, 2002, considered the matter captioned above pursuant to Section 413-59 of the Buffalo Code, Sidewalk cafes. The applicant seeks to expand an existing restaurant with the encroachment of the right-of-way with a 181x 7' sidewalk cafe in front of the business located at 3160 Main Street. Under SEQR the proposed sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the sidewalk caf6 with the following conditions: 1. No outside music is allowed 2. No outside trash receptacles 3. Closing at 11:30 p.m. 4. Four feet of unobstructed vertical sidewalk clearance to remain 5. Approval by Public Works and Division of License RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 11 ABANDONMENT AND SALE - VACANT LOT FORMER SITE OF SCHOOL NO. 9 2044 BAILEY, 99' NORTH TO DOAT 229 X IRREGULAR (33 X 111 IN SOUTHWEST Page 6 02-0625.txt CORNER) TO BURGARD PI, EXC. ASSESSED VALUATION: $46,800 The Office of Strategic Planning, Division of Real Estate, has received a request from Stephen Robbarge of Phoenix Frontier, 100 Leroy Avenue, Buffalo, New York 14214 to purchase the above captioned property to develop a residential alternative for 6 adult individuals with developmental disabilities. Phoenix Frontier will operate the residence and provide trained staff on a 24-hour basis. This office has contacted Land Use Planning, the City Planning Board, and the Department of Public Works, Parks & Streets and they have no objections and/or conditions in reference to the abandonment and sale of the 2044 Bailey Avenue. 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 recommending that Your Honorable Body approve the abandonment and sale of the 2044 Bailey Avenue to Phoenix Frontier, Inc. Mrs. LoTempio moved: That the Common Council does hereby authorize the Office of Strategic Planning to abandon 2044 Bailey Avenue and to negotiate a sale of the property pursuant to Section 27-5 of the Charter. The results of the negotiations shall be filed with the Council for final approval. PASSED AYES - 13 NOES - 0 NO. 12 ABANDONMENT AND SALE OF 190 PERRY STREET, EAST COMER OF WEST MARKET LOT SIZE: 50'X 379' ASSESSED VALUATION:$133,400 IMPROVEMENTS: $124,900 LAND: $ 8,500 The Office of Strategic Planning, Division of Real Estate, has received a request from the Buffalo Urban Renewal Agency to purchase 190 Perry Street. The Buffalo Urban Renewal Agency's maintenance staff is currently using the property. The property consists of a one-story concrete block and brick highway garage with approximately 14,423 sq. ft. of space situated on a lot 50'x 379'. In accordance with Article 27, Section 27-5 of the City Charter the Common Council must authorize the abandonment and sale of the property. Mr. Gerald Schmitt of G.A.R. Associates, Inc. conducted an independent appraisal of the property in order to establish the value of the City's interest in the property. He has estimated the value of the property to be Ninety-Five Thousand Dollars ($95,000.00). The Appraisal Review Board has reviewed the appraisal report and they concur with the appraiser's estimate of value. The Buffalo Urban Renewal Agency has agreed and is prepared to pay Ninety-Five Thousand Dollars ($95,000.00) for said property. They have also agreed to pay for the cost Page 7 02-0625.txt of the appraisal, transfer tax and recording fees. I am recommending that Your Honorable Body authorize the abandonment and sale of 190 Perry Street to the Buffalo Urban Renewal Agency in the amount of Ninety-Five Thousand Dollars ($95,000.00). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 13 CDBG FUNDING FOR ACQUISITION OF 800 BLOCK MAIN AND ELLICOTT STREET PARCEL In response to your request, please be advised that funds totaling $470,000 from CDBG Project Account 27-40200 were used to fund the acquisition of the above properties. The Buffalo Urban Renewal Agency approved the funding at its meeting of May 23,,2002. Various administration city-wide public improvement fund balances were transferred to the year 27 acquisition/rehab account. These prior year balances, totaling $285,627.66, were identified by Public Works and OSP staff 22-04201Hickory Woods Playfield .25 22-40203Chippewa Street Public Improvements 19,139.97 22-50206Delaware Park Improvements 1,945.00 22-50209LaSalle Park Improvements 5,000.00 23-50204Cazenovia Park & Olmstead Parkway 28.473.84 24-60206Program Delivery-Public Impr. City 24,851.68 24-60201City Wide Parks and Playgrounds 36,050.92 25-50202Tosh Collins Community Center 20,000.00 25-50201Public Improvements Streets 1,332.00 25-50200WHRD 35,334.00 26-40202Elmwood-Utica Improvements 25,000.00 26-50201United Way Buildout 18,500.00 26-50204Public Improvements Streets 70,000.00 I trust that this information will address your concerns. Please do not hesitate to contact me if you have any further questions. REFERRED TO THE COMMITTEE ON FINANCE NO. 14 CENSUS 2000 DATA PRODUCTS AT A GLANCE Your Honorable Body: Per the members of the Common Council Community Development Committee's request, attached please find the release dates for specific census data. On page 2 please note that the release dates for block group and census tract poverty information is scheduled to occur between June and September of 2002. AS soon as we have the information, we Page 8 02-0625.txt will provide it to your Honorable Body. Attachment: REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 15 RESULTS OF NEGOTIATIONS 1164 JEFFERSON, 34' N SOUTHAMPTON LOT SIZE: 32' X 127' ASSESSED VALUATION: 4,1001166 JEFFERSON, 66.35' N SOUTHAMPTON LOT SIZE: 31' X 1271 ASSESSED VALUATION: $3,900 280 SOUTHAMPTON, 1271 W JEFFERSON LOT SIZE: 31' X 130' ASSESSED VALUATION: $1,800 282 SOUTHAMPTON, 104' W JEFFERSON LOT SIZE: 23' X 34' ASSESSED VALUATION: $ 700 The Office of Strategic Planning, Division of Real Estate has received a request to purchase the above properties from Mr. Clark A. and Mrs. Lois E. Bona, 4595 Harris Hill Road, Williamsville, New York 14221. They intend to use the above referenced properties for expansion of their business they own at 1200 Jefferson Avenue. The Division of Inspections and the Division of Collections have no objections to the sale. There are no outstanding taxes, building code violations, or other liens owed to the City of Buffalo by the purchasers. An independent appraisal of the property was conducted by Lorie Szalowski, appraiser, of Cash Realty & Auctions, 1325 Main Street, Buffalo, New York 14209. She has estimated the value of the four (4) lots at six thousand five hundred dollars ($6,500), or fifty cents (.50) a square foot. The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that the purchasers have agreed and are prepared to pay six thousand five hundred dollars ($6,500) for the four (4) parcels, fifty cents (.50) a square foot. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of 1164 and 1166 Jefferson Avenue, and 280 and 282 Southampton Street to Mr. and Mrs. Clark Bona in the amount of six thousand five hundred dollars ($6,500). 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. 16 UTILITY EASEMENT AGREEMENT NIAGARA MOHAWK POWER CORPORATION AND VERIZON NEW YORK, INC. FOR USE OF JOE MCCARTHY PARK CITY OWNED ITEM NO.,116, C.C.P. 5/28/02 AND ITEM NO. 22, C.C.P. 9/18/01 The Office of Strategic Planning, Division of Real Estate submitted a request in reference to an easement agreement for both Niagara Mohawk and Verizon New York, Inc. for use of Joe McCarthy Park, Item No. 22, C.C.P. 9/18/01. This item was referred to the Committee on Telecommunications Page 9 02-0625.txt and then received and filed by Your Honorable Body pursuant to Item No. 116, C.C.F. 5/28/02. The easement is being requested in order to provide electric service and communication facilities for the new concession stand in Joe McCarthy Park. After speaking with the Dept. of Public Works, Parks & Streets and the Corporation Counsel's Office we believe that this item may have been received and filed in error. This request needs Your Honorable Body's approval, unless there is an objection to this easement. Therefore, I am resubmitting the attached easement to Your Honorable Body for approval. The easement should be approved on condition that the easement be limited to 10 feet on each side of the overhead line. I am further requesting Your Honorable Body to authorize the Corporation Counsel to review this agreement for their approval as to form and authorize the Mayor to execute the same. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMPTROLLER NO. 17 AUDIT OF CITY OWNED VEHICLES 147 CCP JUNE 11,2002 Concerning the audit of city owned vehicles, I would like to note to the Common Council that we are continuing the audit currently under way and are still several weeks from completion. But as is clear from our interim report filed with the Council, we have found major areas of concern in the area of accountability with the car fleet and therefore agree with the idea of annual audits to improve the ability to monitor this important asset. However, as my representatives have stated in open sessions, a lack of records and poor processing techniques have forced us to abandon our efforts at a compliance audit at this time and instead shift our focus on performance. The same system shortcomings that have made this shift necessary would make it difficult to perform audits on an annual basis unless there are improved compliance records in place that can be assessed. We certainty expect to make recommendations for that process to be implemented upon completion of our current audit, hopefully with the cooperation of all responsible parties REFERRED TO THE COMMITTEE ON FINANCE NO. 18 2002-2003 CASH FLOW FOR UPCOMING $75M RAN ISSUANCE In an effort to keep the Council updated, I am filing the attached 2002-2003 cash flow projection For the upcoming anticipated RAN issuance of $75 million. It was compiled through the cooperation of City Budget Office and the School District finance staff, and duly noted and attested to by representatives of each office as to its accuracy and reasonableness based on current information provided by the same offices. I will continue to keep you updated on the progress of this matter. REFERRED TO THE COMMITTEE ON BUDGET NO. 19 BOARD OF EDUCATION SPECIAL PROJECTS CLAIMS OFFICE Page 10 02-0625.txt AUDIT FINDINGS Reimbursement claims for expenditures from the grantors are prepared on a scheduled, cyclical basis and that revenues received are deposited in a timely manner. Only 60% of the funds expended were actually reimbursed during the same period (7/1/99 - 6/30/00). There is an interest cost due to these negative cash balances. It amounts to $2,489,466 at 7/3 1 /0 1. B Year programs had 89 grants and 87 were submitted in a timely manner. Of 53 reimbursement claims for expenditures there was a single exception. "Personal Services" were sampled and of 184 employees, there were two exceptions and these were corrected in the period. Comprehensive project records are maintained in a timely manner. Six projects were terminated with unexpended grant funds of $2,258,454. Of these amounts approximately $1,812,000 have been rolled over, but $450,000 of grant funds were lost. "Cumulative" reports also revealed outstanding reimbursement claims totaling $672,045. Indirect Costs have been negotiated and budgeted for 68 for a total of $2,185,680. These costs are provided to cover all related services of i.e. Accounting, Data Processing, Purchasing, etc., the Special Project Claims Office. The fact remains that there are unreimbursed costs (some of which are lost) and interest costs due to timing of reimbursements. AUDIT RECOMMENDATIONS As a result of our audit work and observations, we recommend the following: The "Cumulative" reports covering the 106 B Year projects were prepared and maintained manually. We recommend that these reports be computerized. We recommend that unexpended funds be closely monitored and that applicable project administrators be advised to meet specific project year goals. Reimbursement claims for expenditures be appended to computer generated accounts receivable invoices. An accounts receivable system will provide up to date tracking of paid and unpaid invoices and provide dunning notices for accounts past due. It is our opinion that a satisfactory system of monitoring controls is present over the special project claims which are under the direction of the Buffalo Public Schools. A 60% collection rate on these specific grants amounts to over $40,000,000 and aninterest cost in excess of $2,000,000. The Board should work to improve this rate. REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION NO. 20 CAPITAL DEBT SERVICE FUND DEPOSITS - 2002/2003 FISCAL YEAR Certificate Number 1-02/03 of the Comptroller of the City of Buffalo, New York, relative to the Capital Debt Service of Fund of said city, stating the amounts to be deposited therein and paid therefrom for the period Commencing July 1, 2002 and ending June 30, 2003 Page 11 02-0625.txt I, Anthony R. Nanula, Comptroller of the City of Buffalo, New York, in accordance with the provisions of Section 202 of the resolution entitled: "Enabling Resolution of the City of Buffalo, New York, Establishing a Capital Debt Service Fund, Determining the Terms and Conditions of Such Fund and Other Matters in Connection Therewith, and Providing for the Rights of Holders of Capital Debt Obligations of the City." duly adopted by the Common Council on March 8, 1977, and pursuant to the duties of the chief fiscal officer set forth therein, Do Hereby Certify as follows: 1. The Capital Debt Service Fund Requirements for the fiscal year commencing July 1, 2002 and ending June 30, 2003 is $56,886,500.05. 2. The portion of said Capital Debt Service Requirement allocated to the First Collection Period (July 1, 2002 through and including November 30, 2002), is $27,547,163.16. 3. The portion of said Capital Debt Service Requirement allocated to the Second Collection Period (December 1, 2002 through and including June 30, 2003), is $29,339,336.89. 4. The First Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing July 1, 2002 and ending December 3 1, '2002 on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount DueDate DuePlace Due Serial Bonds $3,394,054.39 Jul. 31, 2002M & T Trust Company Buffalo, New York Serial Bonds $246,592.50Jul. 31, 2002Chase Manhattan Bank, NA Dallas, Texas Serial Bonds 1,052,863.75 Jul. 31, 2002HSBC New York, New York Serial Bonds 104,326.25Aug.14,2002Chase Manhattan Bank, NA Dallas, Texas Serial Bonds 361,250.00Aug.14,2002HSBC New York, New York Serial Bonds 2,125,000.00 Aug.15,2002HSBC New York, New York Serial Bonds 195,605.00Sept. 30, 2002HSBC New York, New York Serial Bonds 48,285.00Oct. 1, 2002Chase Manhattan Bank, NA Dallas, Texas Serial Bonds 411,076.25Sept. 27, 2002M & T Trust Company Buffalo, New York Serial Bonds 2,200,000.00Oct. 1, 2002HSBC New York, New York Serial Bonds 18,232.50 Nov 1, 2002Chase Manhattan Bank, Page 12 02-0625.txt NA Dallas, Texas Serial Bonds 1,652,613.15Nov 14, 2002M & T Trust Company Buffalo, New York Serial Bonds 2,901,238.12Nov.29,2002M & T Trust Company Buffalo, New York Serial Bonds 653,076.25Nov.29,2002HSBC New York, New York Serial Bonds 262,950.00Nov 29, 2002Chase Manhattan Bank, NA, Dallas, Texas Serial Bonds 8,955,000.00Dec. 2, 2002M & T Trust Company Buffalo, New York Serial Bonds 975,000.00Dec. 2, 2002Chase Manhattan Bank, NA, Dallas, Texas Serial Bonds 1,990,000.00Dec. 2, 2002HSBC New York, New York $27,547,163.16 5. The aggregate amount to be deposited by the Director of the Treasury with the M & T Trust Company, Buffalo, New York, commencing on July 1, 2002 is $27,547,163.16 6. The Second Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing January 1, 2003, and ending June 30, 2003, on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount DueDate DuePlace Due Serial Bonds $3,276,346.88 Jan.31,2003M & T Trust Company Buffalo, New York Serial Bonds 246,592.50 Jan.31,2003Chase Manhattan Bank, NA Dallas, Texas Serial Bonds 1,170,571.25 Jan.31,2003HSBC New York, New York Serial Bonds 10,630,000.00 Feb.3,2003M & T Trust Company Buffalo, New York Serial Bonds 995,000.00 Feb.3,2003Chase Manhattan Bank, NA Dallas, Texas Serial Bonds 3,220,000.00 Feb.3,2003HSBC New York, New York Serial Bonds 104,326.25 Feb.14,2003Chase Manhattan Bank: NA Dallas, Page 13 02-0625.txt Texas Serial Bonds 270,937.50 Feb. 14, 2003HSBC New York, New York Serial Bonds 1,015,000.00 Feb.15,2003 ChaseManhattan Bank,, NA, Dallas, Texas Serial Bonds 411,076.25Mar. 31, 2003M & T Trust Company Buffalo, New York Serial. Bonds 130,980.00 Mar. 31, 2003HSBC New York, New York Serial. Bonds 2,090,000.00April 1, 2003M & T Trust Company Buffalo, New York Serial. Bonds 458,285.00April 1, 2003Chase Manhattan Bank, NA Dallas, Texas Serial. Bonds 103,232.50May 1, 2003Chase Manhattan Bank, NA Dallas, Texas Serial, Bonds 1,661,845.63 May 14, 2003M & T Trust Company Buffalo, New York Serial Bonds 2,707,829.38May 30, 2003M & T Trust Company Buffalo, New York Serial Bonds 241,500.00May 30, 2003Chase Manhattan Bank, NA Dallas, Texas Serial Bonds 605,813.75May 30, 2003HSBC New York, New York $29,339,336.89 7. The aggregate amount to be deposited by the Director of the Treasury with the M&T Trust Company, Buffalo, New York, commencing on December 1, 2,002 is $29,1339,336.89. 8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director of the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in the Capital Debt Service Fund held by the Trustee, M&T Trust Company, Buffalo, New York, immediately upon receipt of any payment of or on account of any City ad valorem property taxes, until the amount deposited during each Collection Period is equal to the amount shown in Section 5 and 7, respectively. 9. I have this day delivered a copy of Certificate Number 1-02-03 to the Director of Treasury and to the Fleet Bank, Buffalo, New York. IN WITNESS WHEREOF, I have hereunto set my hand this 14th Day of June, 2002 REFERRED TO THE COMMITTEE ON BUDGET NO. 21 CORRESPONDENCE ON CASH FLOW FOR CITY AND BOARD OF EDUCATION I am filing the attached correspondence between this office and the school district to keep the Council updated on the subject of cash flow for the City and Board of Education. Page 14 02-0625.txt REFERRED TO THE COMMITTEE ON BUDGET NO. 22 GENERAL FUND GAP SHEET I have reviewed the Third Quarter (2001-2002) General Fund Gap Sheet submitted to Your Honorable Body by the Department of Administration and Finance. In that regard, I am offering the followin- observations: According to the Budget Office, the third quarter gap is reduced by appropriating S2.7 million of the $9.7 million unreserved, Undesignated 2000-2001 fund balance, an improvement of $2.315 million from the second quarter. The projected gap of $6.63 1 million would be further reduced to S3.033 million assuming an arbitration award for police and fire of zero percent for 2001-2002. However, as I stated in my report to the Council of May 10, 1-002, we are highly vulnerable to factors beyond our control. If we are forced to use part or all of the S3.3 million set aside for the police and fire contracts this year on salary awards instead of deficit reduction, we will face a Much larger gap than the $3.033 million assumption in the Third Quarter Gap Sheet. I Would also like to reaffirm my great concern for the fact that we are protecting to end the year in a negative position, no matter the outcome of the police arbitration. We have made commitments to the Wall Street credit rating agencies to balance our budget, and while many tough decisions have been made, we are coming up short of the mark. Under a worst case scenario that assumes the arbitrator forces us to use all of our $3.3 million reserve for the police contract, we are facing a large deficit of $6.631 million, according to the Budget Office, and that is an unacceptable number that threatens our credit standing. We would urge the Administration and the Council to work together over the next few weeks to put the budget in balance, even if that means drawing further into the unreserved, undesignated 2000-2001 fund balance. The inability to balance the budget this year creates increased obstacles for us to balance financial operations next year. If you have any questions concerning this assessment, please contact me immediately and I will be at your disposal. REFERRED TO THE COMMITTEE ON BUDGET NO. 23 CERTIFICATE OF APPOINTMENT Appointment Effective: June 13, 2002 In the Department of: Audit and Control Division of: Audit to the Position of: Associate Auditor Permanent Appointment at the: Maximum Starting Salary of $ 42,621 James E. Barrett, 143 Choate Avenue, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE PRESIDENT OF THE COUNCIL NO. 24 D COLLINS -COMMENTS COB REAPPORTIONMENT The A. Philip Randolph Institute is keenly interested in the issues of government representation and its service to minority and working class Americans. We are concerned about the development of issues in the City of Buffalo and the implications they have on the traditionally underrepresented in local governments. The City of Buffalo is now wrestling with the propositions of Page 15 02-0625.txt drawing district boundary lines, down-sizing the council, budget considerations and, more importantly, the quality of services the taxpayers receive. These are all very important issues. However, we are concerned about the rhetoric of down-sizing the city council. The only argument that the proponents advance is the budgetary savings. They have lost site of the primary obligation of elected officials, which is to "serve" its constituency. The past decade has produced a new cadre of energetic public servants. In this same period there has been a qualitative deterioration in the way that our citizens are served. Perhaps this is indicative of "work overload" or increased dependence of the general constituency on city services. In any event, it is clear that reducing council members will only serve to further exacerbate the deteriorating confidence that tax payers now have in our government. If we are to, successfully, restore the economic and social viability of our community, it certainly will not occur by further removing the citizenry from our government. We are bewildered by the uninformed arguments that reducing the council members will result in substantial budgetary savings. Yes, there will be savings, however, the savings are dwarfed in comparison to the benefits that constituents receive from the electorate. We know this is a hotly debated issue. However, We hope that the council will, seriously, take into consideration these comments as it deliberates these issues. In short, reducing the council only serves to further isolate the citizenry from its government. This will certainly result in further alienation of tax paying citizens, thereby producing further lack of confidence in our government. We stand ready to assist in any way possible to arrive at optimum governmental representation. REFERRED TO THE SPECIAL COMMITTEE ON REAPPORTIONMENT NO. 25 INFO-ACCELERATED STATE AID PAYMENTS COB Here is my understanding of the agreement We have reached regarding accelerated State aid payments to the City of Buffalo $19.2 million in General Purpose Local Government Aid, normally paid in December, will tie paid as follows: $9.6 million by June 30, 2002; $4.8 million by July 30, 2002; and $4.8 million by August 31, 2002. $48.6 million in Supplemental Municipal Aid, normally paid in March 2003. will be paid in November 2002 or thereafter, depending upon the City's cash flow needs at that time. If tie entire amount is needed in November, it will be paid In November. This payment schedule pertains only to the State fiscal year ending March 31, 2003- Quarterly financial reports will be submitted to the Director of the Budget reflecting actual versus budgeted revenues and expenditures and, to the extent necessary, will include a plan for corrective action when there is significant variation between the two. A, four-year financial plan will be submitted to the Director of the Budget that, over time, achieves structural balance between revenues and expenditures without the assumption of future increases in State aid. I believe that this is an accurate reflection of what we Page 16 02-0625.txt discussed over the phone. Please lot me know if this is consistent with your understanding or if you have any questions or concerns Sincerely, REFERRED TO THE COMMITTEE ON BUDGET NO. 26 REQ CITY STOP IMPLEMENTATION OF SIX SECTOR PLAN Dear Council President Pitts: We are the leaders of community-based corporations established for the sole purpose of serving the needs of our neighborhoods. Our organizations have worked in partnership with the City of Buffalo to deliver housing services for nearly a quarter century. Within the last three months the City has attempted to unilaterally dictate a Complete change in the system to deliver housing service to low-income and low-to moderate income neighborhoods of Buffalo. In the process of this restructuring, the City has sought to divert funds from communities in need to favored developers and to preserve jobs in City Hall. On the basis of our long experience serving our communities, we believe that the proposed six-sector system will not work and will have the effect of further eroding the confidence of residents in the future of Buffalo. We, the undersigned, organizations ask: That the City stop its intended implementation of the six-sector plan and extend contracts with neighborhood-based housing agencies for a period of six months; That the City restore funding for delivery of essential housing services to a level commensurate with the needs of city neighborhoods; and That officials from the executive and legislative branches commit to working in partnership with us to collaboratively design the most effective housing delivery system for the City of Buffalo. We respectfully submit that immediate action is necessary as contracts for housing agencies are set to expire on June 30. Thank you for your consideration in this matter. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF STRATEGIC PLANNING NO. 27 PROVIDE TECH SUPPORT APOLLO MEDIA CTR I am writing to confirm that in return for the Common Council's approval o the assignment of the Telergy franchise agreement to Dominion Telecom, Inc. ("Dominion"), Dominion would agree to provide 25 hours per year of technical support to the Apollo Media Center initiative (replacing the current section 6.4(c) of the agreement, which requires comparable- support to the City's Hutchinson Central Technical High School). Additionally, Dominion pledges to assist the City in submitting an application to the Dominion Foundation for a charitable donation to the initiative and to provide good faith assistance to the City in seeking approval for the grant of such donation. We are anxious to work with you and the City of Buffalo. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND THE OFFICE OF TELECOMMUNICATIONS Page 17 02-0625.txt FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 28 NOTIFICATION SERIAL 49399 TRAFFIC CONTROL SIGNAL - REPEAL WALDEN AVENUE AT WOOD AVENUE 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 4ective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: TRAFFIC CONTROL SIGNAL INTERSECTION OF Walden Avenue at Wood Avenue This action is being taken as part of a Federally funded Congestion Mitigation/Air Quality (CMAQ) project. The project will involve the modernization of the existing signal system along Walden Avenue between Genesee Street and the City Line. As part of the CMAQ program, all existing intersections contained in the project area must be analyzed according to Federal and State standards. This analysis must be performed to determine if new signals are needed and/or if current signalized intersections meet Federal/State warrants for the continued need of a traffic signal. This signal does not meet any of the current Federal and State warrants for its continued operation. Given this, and the fact that the existing traffic signal at Walden/St. Mary's will be converted to a fully functional signal, the signal at Walden/Wood should be considered for removal. NOTIFICATION SERIAL 49427 PERMISSIVE PARKING - REPEAL ON ELMWOOD AVENUE, EAST AND WEST SIDES BETWEEN BRYANT STREET AND LEXINGTON AVENUE PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after tile first Council meeting at which they appear oil tile agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING DAILY Elmwood Avenue, east and west 2 hour parking 7A.M. to 7P.M. sides between Bryant Street Except Saturday and Sunday and Lexington Avenue(excluding existing No Parking and No Standing zones) This action is being taken on behalf of Elmwood Avenue Page 18 02-0625.txt businesses and residents of the surrounding area. (see next 3 serials) NOTIFICATION SERIAL 49428 PERMISSIVE PARKING - REPEAL ON ELMWOOD AVENUE, EAST AND WEST SIDES BETWEEN WEST FERRY STREET AND FOREST AVENUE PERMISSIVE PARKING - REPEAL In conformity wit. Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of tile Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING - DAILY Elmwood Avenue, east and west2 hour parking 7A.M. to 7P.M. sides between 'West Ferry StreetExcept Saturday and Sunday and Forest Avenue(excluding existing No Parking and No Standing zones) This action is being taken on behalf of Elmwood Avenue businesses and residents of the surrounding area. (see previous and next 2 serials) NOTIFICATION SERIAL #9429 INSTALL PERMISSIVE PARKING ON ELMWOOD AVENUE, EAST AND WEST SIDES BETWEEN BRYANT STREET AND LEXINGTON AVENUE PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PEIWISSIVE PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY Elmwood Avenue, east and west 2 hour parking sides between Bryant Street and 7A.M. to 7P.M Lexington AvenueExcept Sunday (excluding existing No Parking and No Standing zones) This action is being taken on behalf of Elmwood Avenue businesses and residents of the surrounding area. (see previous 2 and next serial) NOTIFICATION SERIAL #9430 INSTALL PERMISSIVE PARKING ON ELMWOOD AVENUE, CAST AND WEST Page 19 02-0625.txt SIDES BETWEEN WEST FERRY STREET AND FOREST AVENUE PERMISSIVE PARKING- INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD DAILY Elmwood Avenue, cast and 2 hour parking west sides between 'West 7A.M. to 7P.M Ferry Street and Forest AvenueExcept Sunday excluding existing No Parking and No Standing zones) This action is being taken on behalf of Elmwood Avenue businesses and residents of the surrounding area. (see previous 3 serials) 9399 REFERRED T0 THE COMMITTEE ON LEGISLATION, 9427 to 9430~RECEIVED AND FILED NO. 29 621-623 MAIN STREET AWNING WITHIN CITY RIGHT OF WAY Mr. Craig Kohler of Kohler Awning, acting as agent for the applicant, Ya Ya's Bayou Brew House, located at 621-623 Main Street. has requested permission to install an awning within City right of way at said address. The proposed awning would be located on the Washington Street side of the property, measure approximately 30 feet in length, and project a maximum of 4 feet from the building face into City right of way. The Department of Public Works, Parks and Streets has reviewed this request pursuant to Chapter 413-56 (Awnings, Canopics and Marquees) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the awning be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspections Services. 3. That the applicant be responsible for maintenance of said awning as long as it remains within City right of way. 4.That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said awning. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 30 Page 20 02-0625.txt REPORT OF BIDS ALBRIGHT KNOX ART GALLERY REPAIR OF EAST GRANITE STAIR & SEAT UNITS I advertised for on May 29, 2002 and received the following sealed formal proposals for the Albright Knox Art Gallery, Repair of East Granite Stair & Seat Units, Lincoln Parkway Entry, which were publicly opened and read on June 12, 2002. Base Bid Alt #1 Progressive Weatherproofing$24,300.00 $ 5,300.00 33 Ransier Dr, West Seneca, NY Morris Masonry$33,740.00$ 5,450.00 41 Appenheimer, Buffalo, NY The Peyton Barlow Co.$34,480.00 $29,410.00 360 Delaware Ave., Buffalo, NY Alternate #1 is to repair the steps. I hereby certify that the foregoing is a true and correct statement of all bids received and that Progressive Weatherproofing, with a Base Bid of $24,300.00, add Alternate #1 for $,15,300.00, for a total amount of Twenty Nine Thousand Six Hundred and 00/100 Dollars ($29,600.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this project are available in CPF 36321006 445100 Buildings. Mrs, LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 12, 2002, be received and filed-, and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Albright Knox Art Gallery, Repair of East Granite Stair & Seat Units, to Progressive Weatherproofing, the lowest responsible bidder, with a Base Bid of $24,300.00, add Alternate 91 for $5,300.00, for a total amount of $29,600.00. Funds for the project are available in CPF 36321006 445 100 - Buildings. PASSED AYES - 13 NOES - 0 NO. 31 REPORT OF BIDS DISTRIBUTION SYSTEM IMPROVEMENTS KENMORE AVENUE/TOLEDO/TAUNTON Plans and specifications were prepared and sealed proposals accepted for Distribution System Improvements Kenmore Avenue, Toledo Street and Taunton Place. I submit the attached report of bids received which were opened in my office at 11: a.m. on May 30, 2002. Master's Edge Inc.$889,801.00 1807 Elmwood Avenue, Suite 290 Buffalo, New York 14207 Mar-Wal$979,547.50 440 Gould Avenue Depew, New York 14043 Sicar$1,084,913.50 1128 Jamison Road Page 21 02-0625.txt Elma, New York 14039 C. Destro Development$1,085,310.00 3150 Seneca Street West Seneca, New York 14224 Visone Construction$1,141,343.~S 66 Sheldon Avenue Depew, New York 14043 Kandey Company$1,185,254.00 19 Ransier Drive West Seneca, New York 14224 I certify that the foregoing is a true and correct statement of all bids received a that Master's Edge Inc., 1807 Elmwood Avenue, Suite 290, Buffalo, New York is the lowe responsible bidder complying with the specifications for Distribution System Improvement Kenmore Avenue, Toledo Street and Taunton Avenue with the bid of $889,801.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to enter into a contract with Master's Edge, Inc. the cost thereof be charged to the Division of Water's Capital Project account for Distribution System Improvements in the amount of $889,801.00 plus 10% for approved unit prices for a tot encumbrance of $978,781.10. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works., Parks and Streets dated June 17, 2002, be received and filed, and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Distribution System Improvements, Kenmore Avenue, Toledo Street and Taunton Place, to Master's Edge, Inc., the lowest responsible bidder, in the amount of $889,801.00 plus 10% for approved unit prices for a total encumbrance of $978,781.10. PASSED AYES - 13 NOES - 0 NO. 32 REPORT OF BIDS DISTRIBUTION SYSTEM IMPROVEMENTS SOUTH PARK AREA, SOUTH BUFFALO Plans and specifications were prepared and sealed proposals accepted for Distribution System Improvements South Park Area, South Buffalo. I submitted the attached report of bids received which were opened. in my office at 11:00 a.m. on June 11, 2002. C. Destro Development$1,022,659.85 3150 Seneca Street West Seneca, New York 14224 Kandey Company$1,213,000.00 19 Ransier Drive West Seneca, New York 14224 Sicar$1,225,433.70 1128 Jamison Road Elma, New York 14059 Visone Construction$1,231,921.50 66 Sheldon Avenue Depew, New York 14043 Mar-Wal$1,330,304.15 440 Gould Avenue Depew, New York 14043 Triple R Development$1,364,084.00 27 Wyndmoor Court Page 22 02-0625.txt Depew, New York 14034 Accadia Contracting$1,452,201.80 4430 Walden Avenue Lancaster, New York 14086 Janik Faving$1,544,750.00 97 Evans Street Hamburg, New York 140~5 I certify that the foregoing is a true and correct statement of all bids received an that C. Destro Development, 3150 Seneca Street, West Seneca, New York is the lowes responsible bidder complying with the specifications for Distribution System Improvement South Park Area, South Buffalo with the bid of $1,022,659.85. I respectfully request that your Honorable body authorize the Commissioner of Public Works, Parks & Streets to enter into a contract with C. Destro Development: the cost there to be charged to the Division of Water's Capital Project account for Distribution System Improvements in the amount of $1,022,659.85 plus 10% for approved unit prices for a total encumbrance of $124,925.83. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 18, 2002, be received and filed, and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Distribution System Improvements, South Park Avenue, South Buffalo, to C. Destro Development, the lowest responsible bidder, in the amount of $1,022,659.8 5 plus 10% for approved unit prices for a total encumbrance of $1,124,925.83. PASSED AYES - 13 NOES - 0 NO. 33 REPORT OF BIDS MULTI-MODAL 2000 PROGRAM, GR. #599 CORNWALL AVENUE- CURB & PAVING WINSPEAR AVENUE - PAVING This is to advise your Honorable Body that I have advertised and received bids for Multi-Modal Program 2000, Gr. #599. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base BidAlternate BidBase Bid +10% (Granite Curb)(Concrete Curb) Destro S: Brothers Co., Inc.$364,838.00$360,058.00 $401,321.80 411 Ludington Street, Buffalo, NY 14206 Thomann Asphalt Paving Corp. $418,399.00*$404,959.00* $454,882.80 56 Gunriville Road, Lancaster, NY 14086 Occhine Corp. $455,028.65$423,221.45 $491,512.45 2650 Seneca Street, West Seneca, NY 14224 Page 23 02-0625.txt Master's Edge, Inc. $456,806.00$390,056.00 $493,289.80 1807 Elmwood Ave., Suite #290, Buffalo, NY 14207 Northeast Diversification, Inc. $478,559.00$469,479.00 $515,042.80 2 Cadby Industrial Park, Lancaster, NY 14086 Janik Paving & Construction, Inc. $531,462.70$519,337.70 $567,946.50 97 Evans Street, Hamburg, NY 14075 I hereby certify that the lowest responsible bidder for the above project Destro & Brothers Concrete Co., Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $401,321.80 (Base Bid $364,838.00 + 10% Increase $36,483.80 = $401,321.80). Funds for this work are in Capitol Projects Account #30007806. The engineer's estimate for this work is $427,570.00 for base bid and $410,350 for the Alternate Bid. Permission is also requested for our Department to receive reimbursement from NYSDOT and deposit back into our Capital Projects Account #30007806. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by July 27, 2002. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 18, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Multi-Modal 2000 Program, Group #599, Cornwall Avenue, Curb & Paving, Winspear Avenue, Paving, to Destro & Brothers Co., Inc., the lowest responsible bidder, in the amount of $401,321.80 (Base Bid $364,838.00 + 10% increase $36,483.80 = $401,32 1. 80). Funds for the project are available in Capital Projects Account #30007806. PASSED AYES - 13 NOES - 0 NO. 34 REPORT OF BIDS RICHMOND AVENUE CIRCLE RESTORATION/ LIGHTING - 2002, GROUP #600 This is to advise your Honorable Body that I have advertised and received bids for Richmond Avenue Circle Restoration/Lighting 2002, Group #600. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base BidUnit Price Inc A.B.P. concrete Construction, $92,220.00 $101,442.00 Page 24 02-0625.txt Inc. 3407 Delaware Avenue, Kenmore, NY 14217 Destro & Brothers Co., Inc. $97,290.00 $106,572.00 411 Ludington Street, Buffalo, NY 14206 P & J Construction Co.,Inc. $98,940.00 $108,062.00 709 Pleasant View Drive, Lancaster, NY 14086 Sicilia Construction Co.,Inc. $108,850.00 $118,072.00 25 Strassbourg Drive, Buffalo, NY 14227 I hereby certify that the lowest responsible bidder for the above project is A.B.P. Concrete Construction Co.,Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $101,44-2.00 ($92,220.00 Base Bid + 10% unit price increase $9,222.00 = Total Award $101,442.00 Funds for this work are in Capital Project Account #36310906. The engineer's estimate for this work is $I 10,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by July 27, 2002. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio moved That the above communication from the Commissioner of Public Works, Parks and Streets dated June 14, 2002, be received and filed-, and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Richmond Avenue Circle Restoration/Lighting 2002, Group #600, to A.B.P. Concrete Construction Co., Inc., the lowest responsible bidder, in the amount of $101,442.00 ($92,220. 00 Base Bid + 10% unit price Increase $9,222. 00 = Total Award $101,442.00). Funds for the project are available in Capital Project Account #36310906. PASSED AYES - 13 NOES - 0 NO. 35 REPORT OF BIDS RIVERSIDE ICE RINK NEW DASHER BOARDS I advertised for on May 28, 2002 and received the following sealed formal proposals for the Riverside Ice Rink, New Dasher Boards, which were publicly opened and read on June 18, 2002. Miller Enterprises$ 101,400.00 12 Newfield St, Buffalo, NY Nichter Associates$ 113,000.00 3435 Harlem Rd., Buffalo, NY Burley's Rink SupplyNo Bid 195 Jans Dr., Johnstown, PA I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises, in the amount of One Hundred One Thousand Four Hundred and 00/100 Dollars ($101,400.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this project are available in CPF 36400706 445100 Buildings. Page 25 02-0625.txt Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 19, 2002, be received and filed-, and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Riverside Ice Rink, New Dasher Boards, to Miller Enterprises, the lowest responsible bidder, in the amount of $101,400.00. Funds for the project are available in CPF 36400706 445100 - Buildings. PASSED AYES - 13 NOES - 0 TO THE COMMON COUNCIL NO. 36 REPORT OF BIDS SCIENCE MUSEUM HVAC UPGRADE I advertised for on May 28, 2002 and received the following sealed formal proposals for the Science Museum, HVAC Upgrade, which were publicly opened and read on June 18,2002. John W. Danforth Co. Base Bid Alt #3 1940 Fillmore Ave., Buffalo, NY$43,900.00 $1,542.00 There were no other bidders on this job. Alternate #3 is to rebuild Liebert unit on the 4 th floor storage area. I hereby certify that the foregoing is a true and correct statement of all bids received and that John W. Danforth Co., with a Base Bid of $43,900.00, add Alternate #3 in the amount of $1,542.00, for a total bid amount of Forty Five Thousand Four Hundred Forty Two and 00/100 Dollars ($45,442.00.00) is the lowest responsible bidder in accordance with -the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this project are available in CPF 36320906 445100 - Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 19, 2002, be received and filed, and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Science Museum, HVAC Upgrade, to John W. Danforth Co., the lowest responsible bidder, with a Base Bid of $43,900.00, add Alternate 4'3 in the amount of $1,542.00, for a total amount of $45,442.00. Funds for the project are available in CPF 36320906 445 100 - Buildings. PASSED AYES - 13 NOES - 0 NO. 37 REPORT OF BIDS - SQUAW ISLAND WETLAND ENHANCEMENTS / SITE DEVELOPMENT PHASE V This is to advise Your Honorable Body that on Wednesday July 12, 2002 our department received and publicly opened bids for Phase V work on Squaw Island. A summary, of the bids received is as follows: ContractorBid Amount 1. * Donald J. Braasch Construction$ 763,849.00 Page 26 02-0625.txt 1661 Lakeview Rd. Lakeview, NY 14085 2.Northeast Diversification, Inc.$ 814,300-00 #2 Cadby Industrial Park Lancaster, NY 14086 3.*. Birch Grove Landscaping$ 836,000-00 121 Bear Rd. Cowlesville, NY 14037 4.Destro & Brothers$ 862,540.00 411 Ludington St. Buffalo, NY 14206 5. Occhino Corp.$ 925,881.00 2650 Seneca St. W. Seneca, NY 14224 6.Visone Construction$ 992,760-00 66 Sheldon Ave. Depew, NY 14043 7. *Accadia Site Contracting$ 995,900.00 4430 Walden Lancaster, NY 14086 8.* LDC Construction$1,015,675.00 1920 Baseline Rd. Grand Island, NY 14072 *Corrected Amount I hereby certify that the proceeding is a true and correct statement of all bids received and that Donald Braasch Construction of 1661 Lakeview Rd., Lakeview, NY is the lowest responsible bidder with a base bid of $ 763,849.00. I therefore request that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to award a contract in the amount of $840,233.90 (Base Bid $763,849.00 + 10% unit price increase of $76,384.90) to Donald Braasch Construction. The engineers estimate for this work is $850,000 and funds are available in our Capital Project Account #30228306. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works. Parks and Streets dated June 20, 2002, be received and filed-, and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Phase V work on Squaw Island, to Donald Braasch Construction, the lowest responsible bidder, in the amount of $840,233.90 (Base Bid $763,849.00 + 10% unit price increase of $76,3 84.90). Funds for the project are available in Capital Project Account H30228306. PASSED AYES - 13 NOES - 0 NO. 38 REPORT OF BIDS WINSLOW AVENUE WATERLINE REPLACEMENT PROJECT Plans and specifications were prepared and sealed proposals accepted for Winslow Avenue Waterline Replacement Project. I submit the attached report of bids received which were opened in my office at 11:00 a.m. on June 4, 2002. Kandey Company$1,613,000.00 19 Ransier Drive West Seneca, New York 14224 Sicar$1,662,345.00 1128 Jamison Road Page 27 02-0625.txt Elma, New York 14059 C. Destro Development$1,685,~35.00 3150 Seneca Street West Seneca, New York 14224 Mar-Wal$1,865,822.00 440 Gould Avenue Depew, New York 14043 Visone Construction$1,924,995.50 66 Sheldon Avenue Depew, New York 14043 Paul Gallo Contracting$1,961,330.00 P.O. Bo.,,, 453 East Amherst, New York 14051 Accadia Contracting$2,386,425.00 4430 Walden Avenue Lancaster, New York 14086 I certify that the foregoing is a true and correct statement of all bids received and that Kandey Company, 19 Ransier Drive, West Seneca, New York is the lowest responsible bidder complying with the specifications for the Winslow Avenue Waterline Replacement Project with the bid of $1,613,000.00. I respectfully request that your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to enter into a contract with Kandey Company the cost thereof to be charged to the Division of Water's Capital Project account for Distribution System Improvements in the amount of $1,613,000.00 plus 10% for approved unit prices for a total encumbrance of $1,774,300.00. The Engineer's estimate for this work was $1,821,320.00. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 17, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Winslow Avenue Waterline Replacement Project, to Kandey Company, the lowest responsible bidder, in the amount of $1,613,000.00 plus 10% for approved unit prices for a total encumbrance of $1,774,300.00. Funds for the project are available in the Division of Water's Capital Project account for Distribution System Improvements. PASSED AYES - 13 NOES - 0 NO. 39 CHANGE IN CONTRACT 60 HEDLEY PLACE WEATHERIZATION & MASONRY RESTORATION I hereby submit to Your Honorable Body the following changes for 60 Hedley Place, Weatherization & Masonry Restoration, Miller Enterprises, C #92010434. 1.The contractor has removed the roof, first and Second floors, plaster and other debris from the building. The interior wythe is exposed and has been closely inspected by the project consultant, E I Team. The wall's interior shows extensive damage from water intrusion over the years and requires immediate repairs to keep the wall from collapsing.$ 121,665.86 The foregoing change results in a net increase in the contract of One Hundred Twenty One Thousand Six Hundred Sixty Five and 86/100 Dollars ($121,665.86). Summary: Current Contract Amount Page 28 02-0625.txt $257,581.00 Amount of This Change Order (#2)Add $121,665.86 Revised Contract Amount $379,246.86 Costs have been reviewed by the Consulting Architect (E I Team) and the Department Of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 36310306 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 May 18, 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 Miller Enterprises, an increase in the amount of $121,665.00, as more fully described in the above communication, for work relating to 60 Hedley Place, Weatherization & Masonry Restoration, C H92010434. Funds for this project are available in CPF 3,6310306 445 100 - Division of Buildings. PASSED AYES - 13 NOES - 0 NO. 40 CHANGE IN CONTRACT ZOOLOGICAL GARDENS MAIN ANIMAL BUILDING GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Zoological Gardens, Main Animal Building, General Construction, Kirst Construction, C #92010502. 1 . Adjustment to door hardware (stainless steel). Add $2,660.00 2. Adjustment to door hardware installation. Add $4,015.00 3. Provide weeps and vapor barrier. Add $2,742.00 4. Revised lintel at door 100. Add $2,968.00 5. Additional support & bollards at cable fence. Add $3,046.00 6. Modified fence gates. Add $589.00 7. Additional gunite and painting of fiberglass doors. Add $6,364.00 8. Stamped concrete by Bomanite. Add $4,000.00 9. Additional rock excavation. Add $168.00 The foregoing change results in a net increase in the contract of Twenty Six Thousand Five Hundred Fifty Two and 00/100 Dollars ($26,552.00). Summary: Current Contract Amount$1,618,735.00 Amount of This Change Order (#2) Add $ 26,552.00 Revised Contract Amount$1,645,287.00 Costs, have been reviewed by the Consulting Architect (Foit Albert Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Page 29 02-0625.txt Funds for this work are available in CPF 35320706 445100 - Division of Buildings. The entire funding for this project, including funds for this change order, have been provided by Erie County. 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 June 19, 2002, be received and filed-, and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to Kirst Construction, an increase in the amount of $26,552.00, as more fully described in the above communication, for work relating to the Zoological Gardens, Main Animal Building, General Construction, C 992010502. Funds for this project are available in CPF 35320706 445100 - Division of Buildings. PASSED AYES - 13 NOES - 0 NO. 41 CHANGE IN CONTRACT ZOOLOGICAL GARDENS MAIN ANIMAL BUILDING PLUMBING WORK I hereby submit to Your Honorable Body the following changes for the Zoological Gardens, Main Animal Building, Plumbing Work, Matthew Kandefer, Inc., C #92010530. 1. Addition of cabinet unit heater in Room 102.Add $ 6,100.48 The foregoing change results in a net increase in the contract of Six Thousand One Hundred and 48/100 Dollars ($6,100.48). Summary: Current Contract Amount$ 182,357.70 Amount of This Change Order (#3)Add $ 6,100.48 Revised Contract Amount $ 188,458.18 Costs have been reviewed by the Consulting Architect (Foit Albert Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 35320706 445100 - Division of Buildings. The entire! funding for this project, including funds for this change order, have been provided by Erie County. 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 June 19, 2002, be received and filed, and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 3, to Matthew Kandefer, Inc., an increase in the amount of $6,100/48, as more fully described in the above Communication, for work relating to the Zoological Gardens, Main Animal Building, Plumbing Work, C #92010530. Funds for this project are available in CPF 35320706 445100 - Division of Buildings. PASSED AYES - 13 NOES - 0 Page 30 02-0625.txt NO. 42 INCREASE IN CONTRACT GLENNY PARK FIELD HOUSE PLUMBING CONTRACT NO. 92010515 During the construction of the plumbing work at the Glenny Park field house there were some unforeseen items that needed to be addressed. Therefore, we recommend that the following changes be made to Contract 92010515, with MKS Plumbing Corporation: Add hand sinkAdd $245 Change grease interceptor modelDeduct $121 Add new floor sink per Health DepartmentAdd $203 SUMMARY: Original Contract Amount$49,291 This IncreaseAdd 327 New Contract Amount $49, 618 The project architect, EI Team has reviewed and recommended these changes and costs. Funds are available in MUNIS 36400706. I recommend that Your Honorable Body authorized the Commissioner of Public Works, Parks and Streets to issue a change order to MKS Plumbing Corporation as outlined above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 17, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to MKS Plumbing Corporation, an increase in the amount of $327.00, as more fully described in the above communication, for work relating to Glenny Park Field House, Plumbing Contract, C #92010515. Funds for this project are available in MUNIS 36400706. PASSED AYES - 13 NOES - 0 i NO. 43 EMERGENCY BID HISTORICAL SOCIETY CLAY TILE ROOF I asked for and received the following sealed formal emergency proposals for the Historical Society, Clay Tile Roof, which were publicly opened and read on June 18, 2002. Jos. Sanders & Sons$161,647.00 99-117 Lathrop, Buffalo, NY Bock & Whitman Roofing$298,822.06 532 Norfolk, Buffalo, NY No other bids were received. Because of the potential for injury, I have declared an emergency and have awarded the contract to Jos. Sanders & Sons. Funds for this work are available in 136320906 445100 - Buildings. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 20, 2002, be received and filed-, and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award an emergency contract for the Historical Society, Clay Tile Roof, to Jos. Sanders & Sons, in the amount of $161,647.00. Funds for Page 31 02-0625.txt the project are available in 36320906 445100 - Buildings. PASSED AYES - 13 NOES - 0 NO. 44 J. GOLOMBEK - BLACK ROCK LL FOOTBALL - INSTALL LIGHTS RIVERSIDE PARK This Department is in favor of Black Rock Riverside Little League Football installing lights for the field in Riverside Park with the following conditions: A City of Buffalo electrical permit is obtained and paid for to insure cod compliance. A copy of the plans to be filed with my office for review and comment prior to the work proceeding. Any and all portions of park lawns, walks, buildings, etc., disturbed by this construction be properly restored. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 45 PRATT - WILLED COMMUNITY CENTER AREA INFRASTRUCTURE IMPROVEMENTS P & J CONSTRUCTION CO., INC. CONTRACT #92010402 I hereby submit to our Honorable Body the following unit price additions to the contract for the above named Project. This change order was necessary to enable our department to make improvements at Pratt-Willert Community Center, Parking Lot, Pratt Street and Adjacent Facilities. Bids Available for review in City Clerk's Office Funds for this work are available in Capital Account #30014706. If you have any further questions regarding the above, please contact Michael J. Zera of our Construction Section at 851-5864. 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 to P & J Construction Co., Inc. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and. Streets dated June 17, 2002, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to issue a change order to P & J Construction Co., Inc., in the amount of $86,780.90 for work relating to improvements at Pratt-Willert Community Center, Parking Lot, Pratt Street and adjacent facilities. Funds for the project are available in Capital Account 430014706. PASSED AYES - 13 NOES - 0 NO. 46 PROPOSED PAN AMERICAN CENTENNIAL MONUMENT Mr. John Lydon, a local architect who resides on Chatham Ave., has designed a Pan American Centennial Monument that he would like to have placed on vacant land at the north east corner of Nottingham and Elmwood Aves. A description of the project and an artist's rendering is attached for your review. Various staff members in this department's Engineering, Buildings and Parks Divisions have reviewed the proposed Page 32 02-0625.txt project. We have no objections to the project and do indeed support it. Mr. John Lydon has done an excellent job in securing funding and in-kind services so that this monument can be built without any City funds. We, therefore, seek Common Council approval to allow the monument to be built on the site specified, and that this department be allowed to supervise the construction. After completion, the monument will be owned and maintained by the City. Mrs. LoTempio moved That the above communication from the Commissioner of Public Works, Parks and Streets dated June 17, 2002, be received and filed; and That the City of Buffalo does hereby accept and authorize the construction of a Pan American Centennial Monument to be placed on vacant land at the northeast comer of Nottingham and Elmwood Avenues. PASSED AYES - 13 NOES - 0 NO. 47 PUBLIC NOTICE 2002-2003 WATER RATES PUBLIC NOTICE IS HEREBY GIVEN that a public hearing will be held pursuant to Public Authorities Law Section 1048-1 on June 27, 2002 at 9:00 a.m. local time in the Public Works Conference Room, 502 City Hall, Buffalo, New York concerning the establishment of fee rates or other charges by the Buffalo Water Board (the "Water Board") for the use of services furnished, rendered or made available by the water system of the City of Buffalo or after July 1, 2002. A copy of these rates are available in the office of the Secretary of the Water Board located in City Hall, Room 602 and may be inspected during regular business hours after June 16, 2002. RECEIVED AND FILED NO. 48 1106 EAST LOVEJOY STREET REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mr. Robert Sherwood, owner of Bottum's Up Bar, located at 1108 East Lovejoy Street, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure 22 feet in length and proJect 6 feet from the building face into City right of way. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said sidewalk cafe provided the following conditions are met: 1.That the applicant obtain any and all other City of Buffalo permits necessary. 2.That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3.That the sidewalk cafe does not exceed 22 feet in length or extend more than 6 feet from the building face. 4.That no portion of the sidewalk cafe be permanent in Page 33 02-0625.txt nature or permanently affixed to the main building or public sidewalk. 5.That the sidewalk cafe be completely removed from City right of way from November 15 to April I each year. 6.That the applicant be assessed the annual fee of $1.30 per square foot of City right of way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7.That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATIUON AND THE CITY PLANNING BOARD NO. 49 765 ELMWOOD AVENUE REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Paul and Christine Gallo, owners of the Soul Lievito Bakeshop, located at 765 Elmwood Avenue, have requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure 15 feet in length and project 8 1/2 feet from the building face into City right of way. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said sidewalk cafe provided the following conditions are met: 1 . That the applicant obtain any and all other City of Buffalo permits necessary. 2.That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3.That the sidewalk cafe does not exceed 15 feet in length or extend more than 8 1/2 feet from the building face. 4.That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5.That the sidewalk cafe be completely removed from City right of way from November 15 to April I each year. 6That the applicant be assessed the annual fee of $1.30 per square foot of City right of way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7.That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 50 222 GRANT STREET REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Page 34 02-0625.txt Mr. Elmer Maldonado owner of the Tropical Bakery & Restaurant, located at 222 Grant Street, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure 18 feet in length and project 8 feet from the building face into City right of way. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said sidewalk cafe provided the following conditions are met: 1 . That the applicant obtain any and all other City of Buffalo permits necessary. 2.That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3.That the sidewalk cafe does not exceed 18 feet in length or extend more than 8 feet from the building face. 4.That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5.That the sidewalk cafe be completely removed from City right of way from November 15 to April I each year. 6.That the applicant be assessed the annual fee of $1.30 per square foot of City right of way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7.That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 51 CERTIFICATE OF APPOINTMENT Appointment Effective June 10, 2002 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Senior Architect, Permanent Promotion at the Maximum Starting Salary of $ 52,530 Burke Glaser, 153 Aldrich Place, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 52 J. CAMPFIELD - CONCERNS-NIGHTCLUB/BAR TOUCH OF CLASS- 134 DEWEY ITEM #17, C.C.P. MAY 28,2002 In response to the aforementioned Common Council item, please be advised that the complaint is currently under investigation. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 53 2001 ANNUAL REPORT On behalf of the Executive Staff of the Buffalo Police Page 35 02-0625.txt Department, I am proud to present you with the Department's 2001 Annual Report. The information provided acknowledges the dedication and commitment of the men and women of the Buffalo Police Department, as their efforts have greatly contributed to the continued decrease of overall crime in Buffalo by providing quality police services. The relationship between the community and the police remains a priority within the Department through the many crime prevention and public education programs and services, which are highlighted in the report. Police personnel serve as professional and trusted providers of these services in a proactive approach to strengthening public safety and improving the quality of life for residents of the City of Buffalo. The Buffalo Police Department will continue to meet the increased challenges facing the City of Buffalo by developing new strategies for working with citizens to reduce the fear of crime and solve problems. RECEIVED AND FILED FROM THE CORPORATION COUNSEL NO. 54 LEAD AGENCY FOR PROPOSED BORDER CROSSING EXPANSION PROJECT OF BUFFALO AND FORT ERIE PUBLIC BRIDGE AUTHORITY Dear Commissioner Crotty, Please accept this letter as a petition of the City of Buffalo for designation of the City of Buffalo as "Lead Agent" for the purposes of SEQR compliance pursuant to 6 NYCRR 617.6. As your agency will be aware the requirement of an Environmental Impact Statement to consider the effects of the border crossing upon the host municipality was mandated by State Supreme Court Justice Eugene M. Fahey in an Article 78 Proceeding previously brought by the City of Buffalo together with the Olmstead Park Conservancy (a local park conservancy), and the Episcopal Church Homes (a nursing home adj agent to the project area). As will be apparent from the attached correspondences of the Honorable Anthony M. Masiello dated February 8, 2002, and April 23, 2002 respectively (attached hereto as Exhibits A and B respectively incorporated herein by reference), the City of Buffalo submits that the primary potential adverse effects on the environment posed by the project are primarily local in nature, and accordingly the City of Buffalo is the appropriate Lead Agency. The City of Buffalo further submits, for the reasons set forth in the letter of the City of Buffalo's Commissioner of Public Works (attached as Exhibit C incorporated by reference), that the project is subject to compliance to the City of Buffalo's police and regulatory authority and will require compliance with all local laws and ordinances. In addition municipal approval and SEQR compliance will be required from the City of Buffalo prior to the transfer of land interests from the City of Buffalo to the Buffalo and Fort Erie Public Bridge Authority. While the City of Buffalo, and the Buffalo and Fort Erie Public Bridge Authority have been attempting to resolve this dispute by Agreement, The Public Bridge Authority's own request for Lead Agency designation on May I 01h (attached as Exhibit D) has necessitated this request for relief at this time. While we are aware that the Public Bridge Authority submits that the Border Crossing may be built outside the City of Page 36 02-0625.txt Buffalo such a project would be beyond their chartered powers, and all their other grants of power which limit them to operating a border crossing between Buffalo, NY and Fort Erie, Ontario. Your designated representative may reach me at (716) 851-4319 for any information or other requests from the City of Buffalo. REFERRED TO THE SPECIAL COMMITTEE ON BINATIONAL BRIDGES FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 55 REQ BOARD UP - 182 GARNER AVENUE ITEM NO. 31. C.C.P. 5/28/2002 I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. As per your request Building Inspector Kevin Luthringer was dispatched to 182 Garner Avenue As a result of that inspection this property was boarded and secured. Currently Inspector Luthringer is attempting to work with the owner of this property, as she is elderly, she is being assisted by the Erie County Department of Social Service We will continue to work with this homeowner to assure a reasonable resolve to this case. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 56 CERTIFICATE OF APPOINTMENT Appointment Effective June 6, 2002 in the Department of Permit and Inspection Services, Division of Licenses to the Position of Bingo Inspector,PROVISIONAL APPOINTMENT at the MAXIMUM Starting Salary of$32,263.00 Thomas L. DiMaria, 105 Admiral Road, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE REASON FOR APPT. ABOVE THE MINIMUM:Status change from temporary to provisional. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 57 ADMINISTRATIVE VEHICLE POLICY The Official Policy for all City of Buffalo (COB) owned vehicles assigned to Commissioners and others for their use while on City b in following memorandum. USE: All COB vehicles are to be used by the assigned employee or departmental designee., Non emplovees are not to use the vehicles, regardless of circumstance. It is each Commissioners responsibili1y to oversee the usage of vehicles assigned to his or her department. You will be responsible for keeping an accurate record of all vehicles assigned to your department. INSURANCE The City of Buffalo is self-insured. This has saved the City millions of dollars in premium costs for coverage. In order to maintain the COBs exposure at minimum levels, significant caution must be exercised in the use and operation of vehicles. In those instances where an accident does occur, the Division of Labor Relations Office, Safety and Risk Page 37 02-0625.txt Division will investigate all claims. All vehicle accidents should be reported to the Safety and Risk Office immediately. Their number is 851-5904. You will be required to complete and sign an accident investigation from and provide a police report. Safety and Risk will handle all claims for and against the City, and should be notified immediately of all accidents/claims. COLLISION: If collision or cosmetic work is needed each department is responsible for that particular service. All monies needed to address that particular need must be paid for out of each departments own budget. MAINTENANCE: Each department assigned a vehicle should keep track of when a Preventative Maintenance Inspection (P.M.I.) should be done. It is recommended this be done every 2,000 - 2,500 miles. If your department does not have a maintenance garage, arrangements should be made with a department who does. Presently both the Police and Public Works Departments have mechanics assigned to them. They will only do preventive maintenance such as brakes, oil changes, tune-ups, shocks, mechanical problems, etc. You will need to contact the maintenance garage for an appointment. BREAKDOWNS: If you abandon your vehicle due to mechanical problems, you must take the responsibility of having it towed to a safe environment. Presently John Womer of the Parking Violations Bureau is in charge of all tow truck operations in the City. He is the one you should contact if the need arises and he will assist you in having your vehicle- towed. John can be reached at 851-5369 (days) or on his cell phone at 445-0231 (evenings and week-ends). He can only tow vehicles within the City of Buffalo vicinity. TRANSFERS: The transfer of any vehicle from one department to another must have prior approval from the Department of General Services. Any vehicle that is no longer needed or feasible for repair must be placed in a secure area and reported to the Department of General Services immediately. License plates and gas keys must be returned to the Department of General Services. At that time they will make the determination to action or scrap the vehicle or equipment. General Services will also be in charge of all registrations and renewal plate assignments. REPLACEMENT OF OBSOLETE VEHICLES If you have a vehicle that is obsolete and are replacing it with a new vehicle, this must be approved prior to any transaction taking place. Upon approval you must place the old vehicle in a secured area and turn in the plates and gas key before any new plates or keys can be issued. For each new vehicle you must tam in a obsolete vehicle. If you are requesting a used vehicle, a COB mechanic must inspect the vehicle before it can be placed into the COB fleet. The above procedure is handled by Kathy Fitzpatrick in the Department of General Services. TRAVEL: All vehicular travel outside the immediate area (Ex. Albany, New York City) must have my prior approval. TAXES: The Comptrollers Office will supply forms for income tax withholding on personal use of a vehicle, you must contact them to fill out all necessary paper work. Please make sure Page 38 02-0625.txt these instructions are followed. If you have any questions regarding your vehicle inventory or regulations you should contact Kathy Fitzpatrick at 851-5246. For accident reports Safety and Risk can be reached at 851-5904. Cooperation from all assigned car drivers is essential for us to evaluate and regulate this particular division in our administration. I am requesting all Commissioners who have exempt and civil service employees with City vehicles distribute this memo of policies and procedures. I would like returned to me the acknowledgment included below, signed by all employees who use a COB vehicle. All employees who have a vehicle assigned to them and are terminated or transferred must turn in all key and correspondence to General Services. I AGREE THAT IF THE ABOVE POLICY IS NOT FOLLOWED, MY PAYCHECK MAY BE WITH HELD. I HAVE REVIEWED THE MEMORANDUM ON VEHICLE POLICIES AND PROCEDURES AND UNDERSTAND THEM FULLY. NAME: DEPARTMENT- DIVISION.- VEHICLE ASSIGNED ASSET #: SIGNATURE: REFERRED TO THE COMMITTEE ON FINANCE NO. 58 FOOD STORE ORDINANCE I T EM #67 C. C. P. MAY 14, 2002 The Division of Collections will conduct debtor screens on individuals who apply for a food store license to ensure that applicants have no outstanding debt owing to the City of Buffalo. \According to the Charter, Chapter 141, No person, individual, corporation, or other entity shall be permitted by or do business with the City of Buffalo, its departments, boards, or agencies without official certification by the Division of Collections that all outstanding obligations or arrears owed to the City, its departments, boards, or agencies are paid in full or otherwise have made arrangement for payment In full. The information the Division of Collections would need to conduct the debtor screen is name of individual, name of company, current address, and, if possible, date of birth. We will screen both the individual and the company. Please forward requests to Shannon Petrucci, Director of Collections, and furnish a contact to provide feedback. RECEIVED AND FILED NO. 59 "TRANSPORTATION AUDIT" #24, CCP APRIL 30,2002 As the above mentioned item-by its own admission was based only on a partial review of the City fleet, and again by its own admission finds that " it is too early to make many judgements until we conclude more tests," I would take some issue with characterizing anything as a "finding." Nonetheless, I would like to try to be responsive to your Honorable Body. As I have stated on the record in Council, I believe that the vehicle inventory system and the Fuelmaster system are up to date and managed properly. To the extent that Page 39 02-0625.txt Councilmembers or anyone else believes that there are abuses relating to the vehicle inventory or the Fuelmaster system, I would appreciate that information being passed on to me, that I might move to address any problems. I have previously filed with the Council a copy of the Vehicle policy that is set forth by the Department of Administration and Finance. In the policy, as you will see, policies relating to the assignment and use of each vehicle are the responsibility of the Department head. Administration and Finance is responsible for maintaining the inventory and managing the Fuelmaster system. We do not set policy about the daily use of cars other than as is contained in the Vehicle Policy I have filed. To the extent that anyone feels there are abuses relating to Departmental policy relating to city-owned cars, that information also should be brought to the attention of the Department head. I would be happy to serve as a conduit if need be. You have asked me to respond to the individual "findings" in the item. I have numbered them for the sake of convenience. 1.Decals should be universally used other than on undercover police cars. Obviously there are different manners of identifying a vehicle as a city car-the Streets department uses a different "seal" that other departments. The cars should be identifiable as City of Buffalo vehicles. To the extent that exceptions have been identified, I would appreciate having the information so that I can follow up. The item before you has no specifies. 2.The policy regarding take-home vehicles is set by the Department head. Again the item before you has no specifics. If there is specific information, pleas provide it. No one can respond effectively to speculation. 3.Issues regarding an individuals taxable wages are handled by the Comptroller. As was mentioned in the Finance Committee meeting, I believe that assumptions are made in the absence of any information from the employee. I think this is an issue that the Comptroller needs to follow up with the individuals. I would be happy to try to be of assistance if there were any specific information provided. 4.How are the lists different? How different are they? When were they each acquired? As has been mentioned, the City has quite a large inventory of vehicles. The Comptroller asked Department heads for information and was given a printout from our vehicle inventory. The vehicle inventory, which is shared with and accessible by the accounting division, is the most complete. It also changes quite frequently as vehicles are acquired, auctioned, taken out of service for repairs, etc. If there were specific information about the differences I believe they could easily be explained. 5.I am not sure what information in-vehicle logs would contain that is not now available. Depending on the Department and the function-again, specifics would help--logs are kept at garages. There are also dispatch records, maintenance records, etc. Mileage is also tracked. 6.Low mileage obviously could be a result of many things. I am not sure what the issue is here. It is possible that the odometer on a vehicle could have "turned over." Call in experts to do what? Specifics would be helpful. Page 40 02-0625.txt 7.Inspection stickers on vehicles are appropriate. 8.The auto impound has vehicles in disrepair all the time, as that is the location where vehicles are stored after being towed from accidents and from locations all over the City. That is one of the reasons we have an impound. I am unsure as to whether the issue relates to City-owned vehicles that are in disrepair-does it? City owned vehicles that are in disrepair are either on the way to being fixed or auctioned. Frequent auctions for many vehicles happen at the impound. We also store vehicles there that will ultimately be sold as scrap. Specifics as to what vehicles are being referred to would help. 9.Each garage keeps a "down list" of vehicles that are disabled. The vehicle inventory is adjusted to reflect vehicles that are inoperable. 10. I do not believe that there needs to be a provision in the collective bargaining agreements for this. I am not sure what the point of the finding is. More information would be helpful. 11. That vehicles are equal in number from year to year does not necessarily mean anything, and I am not sure it should be "surprising. In fact, for the City as a whole, it intuitively makes sense. Of course, with capital outlay cut severely in 2002 there would be fewer. What specifically is the issue here? Where would a change in the number of vehicles be expected? 12. The location for storage of vehicles is determined by the Department head. Garages are decentralized. Vehicles are stored in different places so as to be convenient to the employees and to their job sites. A2ain, I do not believe this to be a problem, but would need specific information to respond in more detail. 13. Again, I do not find this surprising or remarkable. "Special" or single purpose vehicles, like a tow truck or a bucket truck or a Unimog, are bought for a special or a single purpose. If the Comptroller believes that there should be different types of vehicles bought for City business, he should bring the information to the attention of the department head. The decision to buy a vehicle and perform a service in-house versus outsourcing a service is also something I would be happy to discuss. Those decisions require a greater degree of analysis. 14. This is departmental policy and should be brought to the attention of the Department head in the specific area that is being referred to; I cannot tell from the item. I would be happy to be the conduit if need be. 15. This is redundant with item #2. 16. Former Commissioner Keane admitted the misuse of his City vehicle and made reparation. If there are other specific instances that need to be discussed, please bring them to my attention or to the attention of the person that supervises the employee. REFERRED TO THE COMMITTEE ON FINANCE FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 60 ANNUAL AUDIT FYE DECEMBER 31, 2001 Pursuant to the charter and ordinances of the City of Buffalo, Article IV-City Development Agencies, Section 6-23, we are hereby submitting a copy of the Downtown Page 41 02-0625.txt Development, Inc. Audit for the fiscal year ending December 31, 2001. Please be. advised that the DDI Board of Directors approved the Audit at its meeting of May 23, 2002 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE BUFFALO ECONOMIC RENAISSANCE CORPORATION FROM THE CITY CLERK NO. 61 DISPOSITION OF RECORDS Attached please find the following disposition of records from the following departments: HUMAN RESOURCES HUMAN SERVICES STRATEGIC PLANNING PUBLIC WORKS COMMON COUNCIL AUDIT & CONTROL GENERAL SERVICES MAYORAL INSPECTIONS/PERMITS STREETS & SANITATION COMMUNITY DEVELOPMENT ADMINISTRATION AND FINANCE STADIUM AND AUDITORIUM ASSESSMENT/TAXATION RECEIVED AND FILED. NO. 62 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. AddressBusiness NameOwner's Name 561 Forest Ave561 Forest Ave561 Forest Ave 56 W. ChippewaBacchusUltimate Rest. Inc 1457-11,459 Hertel1457-114591457-11459 Hertel 2580-2582 Main StSB Entertainment IncSB Entertainment Inc 490 Pearl StVinny's Sports City BarVincent Paszek 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 Comptroller- Francis Belliotti X Public Works, Streets & Parks- Katalin Szabo, Donna Mihalics X Police- James B. Milroy, Rachelle Levesque-Pratts X Corporation Counsel- Beatrice McAdams-Gray RECEIVED AND FILED. NO. 64 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from Page 42 02-0625.txt the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: X City Planning Board RECEIVED AND FILED. NO. 65 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 July 1,2002 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 Nathaniel Suchyna, 83 South Pontiac St., Buffalo, NY 14206 Angel Mines, 150 Brunswick Blvd., Buffalo, NY 14208 Lauren Vigiano, 193 Downing St., Buffalo, NY 14220 Thomas Mulhern, 237 Summit Ave. Buffalo, NY 14214 Sia Sankoh, 50 Deerfield, Buffalo, NY 14215 Armond Lofton, 372 Roslyn St., Buffalo, NY 14215 Frank Palisano, 899 Parkside Ave., Buffalo, NY 14216 Meghan Hall, 50 Revere Place, Buffalo, NY 14214 Vincent Rondinelli, 21 Tyler, Buffalo, NY 14214 John G. Kloepher, 208 Starin Ave. Buffalo, NY 14214 Danielle Mordino, 29 Standish Rd., Buffalo, NY 14216 James C. Obletz, 19A Elk Terminal, Buffalo, NY 14204 Jessica A. Przybyla, 712 Taunton Place, Buffalo, NY 14214 Joseph A. Zera, 18 Coburg Street, Buffalo, NY 14216 Michael J. Anderson, 68 Stevenson, Buffalo, NY 14220 Joseph L. Deskiewicz, 217 Weimer St., Buffalo, NY 14206 Sonya LeCastre, 597 Lafayette Ave.,Buffalo, NY 14222 CERTIFICATE OF APPOINTMENT Appointment Effective July 8,2002 in the Department of Executive, Division of Mayor to the Position of Intern II, Seasonal, Non-Competitive at the Flat Starting Salary of $5.15 Brian Bartkowiak, 28 Edgewood Ave., Buffalo, NY 14220 Sean M. Creahan,96 Shenandoah, Buffalo, NY 14220 Rachael Isch, 317 Woodside,Buffalo, NY 14220 Andrew Moritz, 172 Harding Rd. Buffalo, NY 14220 Malcolm B. Riley, 954 Glenwood Ave., Buffalo, NY 14211 Christopher P. Smith, 14 Brost Dr., Buffalo, NY 14220 Michael A. Williams, 96 Detroit St., Buffalo, NY 14206 CERTIFICATE OF APPOINTMENT Appointment Effective July 8, ,2002 in the Department of Executive, Division of Mayor to the Position of Intern II, Seasonal Non-Competitive at the Flat Starting Salary of $5.15 Jaclyn K. Jakubowski, 133 Admiral Rd., Buffalo, NY 14216 Kristin R. Hall, 87 St. Florian,Buffalo, NY 14207 Last 4 digits of S.S.N.: XXX-XX- - 2808 Alexis Kane, 708 Richmond Ave., Buffalo, NY 14222 Jeremy Waszkielewicz, 21 Melrose St., Buffalo, NY 14220 Richard Vaughan, 215 Crestwood, Buffalo, NY 14216 Aaron P. Livingston, 217 Cambridge Ave., Buffalo, NY 14215 Daniel D. Gilmour, 29 Carlyle, Buffalo, NY 14220 Page 43 02-0625.txt Ryan Anderson, 68 Stevenson, Buffalo, NY 14220 Emily Doyle, 54 Revere, Buffalo, NY 14214 Jeffrey Ford, 47 Altruria St., Buffalo, NY 14220 Allison LeCastre, 597 Lafayette Ave., Buffalo, NY 14222 Marren McParlane, 38 Eaglewood, Buffalo, NY 14220 Louis C. Benton, II, 66 Morris Ave., Buffalo, NY 14214 Patrick M. Boland, 92 Carlyle Ave., Buffalo, NY 14220 Michael M. Schieber,168 Dundee St., Buffalo, NY 14220 Kevin J.Bielmann, 66 Eaglewood Ave., Buffalo, NY 14220 Lindsay A. Pajak, 79 Frank Ave., Buffalo, NY 14210 Courtney L. Collins,70 Phyllis Ave.,Buffalo, NY 14215 Charles V. Connan, 825 Tacoma Ave., Buffalo, NY 14216 Bridget E. Sandor, 200 Barnard St., Buffalo, NY 14206 Brandon J. Sandor,200 Barnard St., Buffalo, NY 14206 Claire E. Dziekan, 76 Englewood Ave., Buffalo, NY 14220 Matthew P. McGurn, 48 Narragansett Rd., Buffalo, NY 14220 Traci A. Bagarozzo,141 Crestwood Ave., Buffalo, NY 14216 Artie M. Chondia, 202 Newburg St., Buffalo, NY 14215 Sarah A. Fay, 293 Cumberland Ave., Buffalo, NY 14220 Johnathen C. Wagner, 360 Abbott Rd.,Buffalo, NY 14220 Anthony J. Wagner, 360 Abbott Rd., Buffalo, NY 14220 Megan M. Cervellera, 34 Athol St., Buffalo, NY 14220 Brian P. Connors, 109 Whitehall Rd., Buffalo, NY 14220 Joseph T. Hrycych, 237 Wellington Rd., Buffalo, NY 14216 Lindsay A. Krug, 92 Shenandoah Rd., Buffalo, NY 14220 Derek M. Shelton, 54 Vernon Pl., Buffalo, NY 14214 William R. Dorshiemer, 56 Naragansett Rd., Buffalo, NY 14220 Lindsay M. Lehman, 78 Elk St., Buffalo, NY 14210 Brandon D. Patterson, 29 Brinton St., Buffalo, NY 14214 Delwyn E. Beck, 12 Tenth St., Buffalo, NY 14201 Joetta L. Rhodes, 194 Person St, Buffalo, NY 14212 Matthew J. Beck, 12 Tenth St.,Buffalo, NY 14201 Nicholas Fronczak, 84 South Pontiac, Buffalo, NY 14206 CERTIFICATE OF APPOINTMENT Appointment Effective June 13,2002 in the Department of Executive Division of Mayor to the Position of Intern IV, Seasonal Non-Competitive at the Flat Starting Salary of $6.00 Ann Marie McGrath, 161 Marine Dr. Apt, Buffalo, NY 14202 CERTIFICATE OF APPOINTMENT Appointment Effective July 1,2002 in the Department of Executive Division of Mayor to the Position of Intern II, Seasonal :Non-Competitive at the FlatStarting Salary of$5.15/hr William P. Grillo, 26 Edgewood Ave., Buffalo, NY 14220 Edward T. Taylor, 143 Walnut St., Buffalo, NY 14204 Lindy P. Sokolowski, 87 McKinley Pkwy., Buffalo, NY 14220 Andrew M. MacQueen, 348 Downing St., Buffalo, NY 14220 Elizabeth M. Levy, 204 Melrose, Buffalo, NY 14210 Natasha A. Mehta, 151 Shenandoah Rd., Buffalo, NY 14220 Sean R. Murphy, 12 Lockwood Ave., Buffalo, NY 14220 Chantelle Bellamy, 46 McCarthy Dr., Buffalo, NY 14211 Caitlin Donohue, 132 Densmore St.,Buffalo, NY 14220 Meghan Donohue, 132 Densmore St., Buffalo, NY 14220 Catherine Keegan, 15 Wingate Ave. Buffalo, NY 14216 Katherine Klemann, 154 Woodward Ave., Buffalo, NY 14214 Michael Robertson, 115 Carlyle Ave., Buffalo, NY 14220 Ricky Whitcomb, 669 McKinley Pkwy., Buffalo, NY 14220 Page 44 02-0625.txt NO. 66 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: 06/17/2002 in the Department of: Administration & Finance, Division of: Inventory & Stores to the Position of Laborer II, Seasonal Appointment at the Flat Starting Salary of $8.15 Per Hour Louis A. Cardona, 780 Seneca Street, Buffalo NY 14210 CERTIFICATE OF APPOINTMENT Appointment Effective June 13, 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: $ 8.151/h Ronald Sokolowski, Jr., 87 McKinley Pkwy., Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective June 12,2002 in the Department of Public Works, Parks, Streets, Division of Recreation to the Position of Lifeguard, Seasonal Appointment at the Flat Starting Salary of $6.25 William Doll, 1055 Tifft Street, Buffalo 14220 Erica Kuper, 37 Eden, Buffalo 14207 Last 4 digits of S.S.N.: xxx-xx- 8891 Lindsay Laracuente, 91 Aldrich, buffalo 14220 Jenell McEwen, 93 Gatchell, Buffalo 14212 Joseph McMahon, 139 Hartwell, Buffalo, NY 14216 NO. 67 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Mlinimurn (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 June 13, 2002In the Department of Audit and Control, Division of Auditto the Position of Senior Auditor Permanent Appointment at the Minimum Starting Salary of $ 36,028 Francis A. Belliotti, 95 Edge Park Avenue, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment Effective: June 12 2002 in the Department of Community Services, Division of Contract Administration to the Position of Attendant, Temporary As Required at the Flat Starting Salary of: $ 6.00 p/hr Jerry Campbell, 201 Comstock, Buffalo 14215 Kandice Hailey, 239 Monroe, Buffalo 14206 Viola Fulgham., 23 Devon Green Ct., Buffalo 14204 CERTIFICATE OF APPOINTMENT Appointment Effective: June 17,2002 in the Department of Page 45 02-0625.txt Public Works, Parks, Streets, Division of Recreation to the Position of Supervising Lifeguard, Temporary (as required) Appointment at the Flat Starting Salary of $ 6.50/hr Nicholas Sterlace, 41 Kimberely, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment Effective: June 12, 2002 in the Department of Public Works, Parks, Streets, Division of Recreation to the Position of Supervising Lifeguard, Temporary (as required) Appointment at the Flat Starting Salary of $ 6.50/hr Crespo Magdalia, 379 Military, Buffalo 14207 Jamie Ziolowski, 287 choate, Buffalo 14220 I NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 69 NOTICE OF CANCELATION-CATV FRANCHISE BOND WHEREAS, on or about the 31st day of July 1998 , The Hanover Insurance Company, as Surety, executed its bond in the penalty of Two Million Dollars $2,000,000.00 ) on behalf of Parnassos, LP as Principal, in favor ofCity of Buffalo as Obligee, (Nature of Risk) CATV Franchise Bond WHEREAS, said bond, by its terms, provides that the said Surety shall have the right to terminate its suretyship thereunder by serving notice of its election so to do upon the said Obligee, and WHEREAS, said Surety desires to take advantage of the terms of said bond and does hereby elect to terminate its liability in accordance with the provisions thereof NOW, THEREFORE, be it known that The Hanover Insurance Company shall at the expiration of Thirty (30) days after receipt of this notice be released from all liability by reason of any default thereafter by the said Principal. Signed and dated this 20th day of June 2002. HANOVER INSURANCE COMPANY By: Deborah D. Allen REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS, THE OFFICE OF TELECOMMUNICATIONS AND THE CORPORATION COUNSEL NO. 68 REQ PURCHASE PKG LOT WADSWORTH TO 74 DAYS PARK The purpose of this letter is to formally express my intention to purchase the city-owned parking lot on Wadsworth next to 74 Days Park in Buffalo. Upon purchase of the property, I would be completely responsible for its maintenance. would keep it free of all debris, make sure the fences surrounding it are in good repair at all times. I would keep the lot plowed at my expense during the winter months, and I would cover all other miscellaneous costs associated with it's upkeep. All that I ask in return is to be allowed to reserve at least half the lot exclusively for my tenants. The remainder of the lot would continue to be public, yet maintained at my expense. I believe such an arrangement would be mutually beneficial to both parties. The deal would provide much-needed funds to the City, as well as relieve it of a major burden. Page 46 02-0625.txt My tenants would have a safe, secure, well-maintained place to park their cars, arid there would still be ample parking space available to the public. REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL, THE DIRECTOR OF STRATEGIC PLANNING AND THE DIRECTOR OF REAL ESTATE NO. 70 B. DAVIS -INFO BATTAGLIA DEMOLITION Please file the attached information regarding Battaglia Demolition for the upcoming Council Session held on Tuesday, June 25, 2002, for further discussion. Should require further information regarding this request, please feel free to contact me at 851-4980. The fence surrounding this place of business was torn down nearly one year ago by Battaglia Demolition's. Battaglia was in the process of demolishing a city owned building located at 650 William. According to the staff of EDCD, they were told that their fence woutd be put back up as soon as the weather permitted. That was nearly one year ago. An Inspector for the city (Donald Grzebielucha) came out to this place of business several months ago. He contacted Battaglia Demotions and asked them to come back out and take care of the problem. They have not complied. The staff members of EDCD have tried to communicate their feelings concerning the building being unsecured, however no one has return their calls. As Board President, I am now taking this matter into my hands. This agency's building has always had the security of a fence surrounding the premises and we wish to keep it that way. We ask that you as our Mayor, assist us in this matter. We thank you for your assistance. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PERMITS AND INSPECTIONS NO. 71 PEACE BRIDEG EXPANSION PROJECT Enclosed is Declaratory Ruling #DEC 8-02 regarding the Peace Bridge Expansion Project. Please call Michael Naughton, SEQRA Attorney, at (518) 402-9185 if you have any questions concerning this ruling. REFERRED TO THE SPECIAL COMMITTEE ON BI-NATIONAL BRIDGES NO. 72 R. GALLIVAN-COMPLAINT WASTE & TRASH COB REMOVAL Please file the following item with the Buffalo Common Council for the next full council meeting to be held Tuesday, June 25, 2002. ATTORNEY Dear Ms. Grant: I am writing to complain as to the current rules for the collection and removal of the trash by the City of Buffalo Sanitation Department, I have a small apartment building and currently have two (2) mid sized trash containers for each four (4) unit apartment area. These containers should be adequate for trash most of the time. They are not adequate if one or more tenants are to vacate as their material does not fit into a garbage container and overloads the system for the pick up. I have Page 47 02-0625.txt been told by the City's Sanitation Department that anything not in the container will not be collected by the City. I also have been told that a suggested remedy is to hire a private garbage service. It is critical from a sanitation and removal standpoint that all of the trash and garbage on the usual collecting date irrespective of whether it fits into a container or not. We are paying for solid waste disposal and it should not be on a selective basis. I predict that if this current pick-up regulation remains in force, that residents will take their excess waste products to an open field, a back alley, or some other place for dumping, as has happened so many times with used automobile tires being disposed of in this manner. It is important that the City Council become involve in the supervision and rulings of the Sanitation Department. The systems that has been in effect has functioned extremely well and there is no reasonable need to substantially alter that procedure. This is particularly true in that it will severely impair property owners in disposing of non-container types of trash. I request that your office, along with the other Council Members review this recent change and make sure that the tax payer is protected and served. Thank YOU for Your cooperation. REFERRED TO THE SPECIAL COMMITTEE ON STREETS SERVICES AND THE COMMISSIONER OF PUBLIC WORKS NO. 73 M. HANLEY-JOINT SCHOOLS CONSTRUCTION BOARD CONTRACTS I am enclosing copies of the following Agreements executed by the joint Schools Construction Board for filing in your office: 1 .Agreement with Magavern, Magavern & Grimm, L.L.P.; 2.Agreement with Bevlar & Associates, Inc.; and 3.Agreement with Louis P. Ciminelli Management Co., Inc. REFERRED TO THE COMMITTEE ON EDUCATION NO. 74 T. HAYWOOD ADELPHIA RATE IBNCREASE 8/1/02 Adelphia continues its tradition of introducing technologically advanced products and a high-level of entertainment services and value. We have strived to keep our monthly rates below what our industry peers charge. At this time, due to overwhelming customer demand, Adelphia has formalized an agreement to add the YES network to its channel line-up in addition to the MSG network. Offering the New York Yankees games or. YES in combination with MSG's 100 New York Mets games and New York Knicks events, subscribers will be able to follow all the action. This addition will affect Basic Service subscribers with a $0.90 increase in their monthly statements. This increase will take effect during the August 1, 2002 billing period. Broadcast service customers will not be affected by this change. even with this change, cable remains a cost-effective entertainment \provider. Adelphia customers have access to free service and repair, 24-hours a day. Local networks, including the Empire Sports Network, are offered to all subscribers at the basic level. To obtain that programming with another entertainment service provider, customers Page 48 02-0625.txt would be required to subscribe to additional channels at an approximate cost of' $5.00 more per month. Adelphia has continuously supported locally produced programming and is well-known for its coverage of high school and college sports, something customers could not view by subscribing to another entertainment provider. Additionally, Adelphia does not require lengthy contracts when new customers sign-up. Digital cable customers already know the benefits of our entertainment programming where we offer "something for everyone" in the household to enjoy. With sports, home and garden, 24-hour news, music and more, our digital packages are a great value. The $2.00 increase in the rates still place Adelphia as competitively priced. As technology continues to improve, we look forward to providing our customers the best high-speed Internet access through use of Adelphia's Power Link. With no additional phone line required, our customers can "surf the net" faster and at an economical rate. Even though the rates for Power Link will increase by $2.00, totaling $44.95 per month, it is still a value as compared to our industry peers with rates that are at $49.95 or more per month. By providing 24-hour technical support and free service calls, Power Link is your best way to get on the information superhighway. Of course when you combine all these great value-added options together, you get the! Adelphia Advantage Packages. Merging all your entertainment needs into one monthly bill. While our Advantage Package customers will see a rate increase of $3.00 per month, the monthly savings can be as high as 25% depending on the services our customers subscribe compared to purchasing each service individually. This is the first rate increase since we began offering our Advantage Packages more than a year ago. Certainly, rate increases are never pleasant for our customers. With the addition of YES and the rising costs of upkeep for our local facilities we need to implement this cost restructuring at this time. However, please be assured that Adelphia will continue to meet and exceed our customers expectations in the Months and years ahead. Please feel free to contact me at any time if you have any questions about this rate adjustment or any other aspect of your cable television service at 558-8590. Adelphia appreciates the opportunity to provide cable service to the residents of your municipality. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS NO. 75 THE PEACP BRIDGE BUFFALO AND FORT ERIE PUBLIC BRIDGE AUTHORITY CAPACITY EXPANSION PROJECT 911-NATION2L INTEGRATED ENVIRONMENTAL PROCESS SEQRA LEAD AGENCY DESIGNATION This comment letter is submitted in response to a letter from the City of Buffalo (the "City") dated 7 June 2002, concerning designation of lead agency for the above referenced project, On 10 May 2002, the PBA sent out a notice to the involved agencies in the above referenced project that the PBA believes that it should be the SEQRA lead agency, if a lead agency is required by SEQRA in a federal environmental Page 49 02-0625.txt Impact review process, On 12 June 2002, the PBA received a declaratory ruling from the Department which held that SEORA does not require the designation of a lead agency when there is a federal environmental review, since the state agencies involved contribute to the federal F S and insure that al! relevant SEQRA requirements are covered within the federal review document, The declaratory ruling also states that responsibility to comply with SEQRA falls upon each separate state agency Involved In the federal environmental review process in order that each involved state agency certify that the SEQRA regulations have been complied with. Therefore, by the terms of the declaratory ruling, neither the City of Buffalo nor the PBA should be designated the SEQRA lead agency in the NEPA environmental review process. However, in order to complete the record on why the PBA 'initially sought SECRA lead agency designation, the PBA submits this response to the City's 07 June 2002 letter. The PBA sought lead agency designation pursuant to SECRA because two counties are involved in the project and multiple levels of each government will be required to review and approve the project or aspects of the project, Coordination becomes crucial because of the necessity of such a broad review and the fact that the potential impacts are far-reaching, The project will have impacts on the national security of the international movement of goods and people, the traffic system from Toronto through the eastern US seaboard, water levels of Lake Erie. and Niagara River, and welter quality along the entire Canadian and US coastline of these water bodies. Location, design and construction of a new bridge will potentially impact significant fish habitat in Canadian jurisdictional waters, Air quality issues are raised in both Fort Erie and the City of Buffalo, Cultural, historic and archeological resources in both Canada and the US may be impacted. For example, cultural and archeological resources in the Town of Fort Erie, adjacent to the existing plaza are of significant importance. Front Park, in the City of Buffalo is a protected historic park and the existing bridge is a "listing-eligible" historic landmark under US law. Visual impacts on each side of the border will require analysis. Additionally, the potential environmental issues that have been identified ':n the NEPA Draft Scoping Document were identified after two conferences, one in the United States and one in Canada, with all involved public and municipal agencies as well as two public sooping meetings, one in the United States and one in Canada. Many of the ervironmental issues identified are not within the jurisdiction of the City of Buffalo. Additionally, the draft scoping document identifies 59 project alternatives, 13 of which are located outside the City of Buffalo, It is also important that in the discussion of approvals required for the project, it is noted that one international agency, 10 federal agencies, 6 federal Canadian departments, 10 Now York State agencies, 5 provincial Canadian ministries, as well as the City of Buffalo and the Town of Fort Erie all have some potential approval authority over the expansion project. Again, the PBA is submitting this comment letter to complete the record and is confident that the declaratory ruling on the SEQRA lead agency question takes this issue off the table, However, since we are awaiting the Departments response to both our petition and the City's petition for SEQRA lead Page 50 02-0625.txt agency status; we felt it necessary to submit this comment, REFERRED TO THE SPECIAL COMMITTEE ON BI-NATIONAL BRIDGES NO. 76 H. BOGGIO-KENS EXP SAFETY STUDY PRESENTATION Please file the attached item for the common council meeting of Tuesday, June 25, 003. Should you require any further information, please feel free to contact me directly at (716) 851-5145. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 77 A. THOMPSON-INFO DIGNITY VILLAGE Please file the enclosed reports from Foit Albert Associates and James Management regarding Environmental Assessments and Minority Participation for Dignity Village for the next council meeting. Thank you for your attention to this matter. If you have any questions or comments please do not hesitate to contact me at 851-5145. Attached reports available for review in The City Clerk's Office REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE NO. 78 B THOMPSON-COMMENTS COB REAPPOTIONMENT A proposal to reapportion the Common Council and develop a redistricting plan must be one that will improve city government. A TOKEN change to reduce the Council to eleven (11) is not acceptable. It is time for the Council to listen to the citizens and to make meaningful changes. Reduce the Common Council Districts to five (5) districts. Eliminate the position of Council President Have the Council choose from its five (5) elected members a Chairperson. Eliminate Council members-at-Large. Use the geographic layout of the five Police Districts or Sanitation Districts as a model to begin developing new Common Council Districts. The gerrymandered boundaries of the existing nine districts should not be a factor in defining the new districts. It is time to use the diversity of Buffalo's citizens to the advantage of the city instead of dividing it into small homogenous pockets. Today each citizen is represented by five Members on the Council, the President, the District Member, and three Members-at-Large. This over representation is a burden not a benefit. Considering the reduction in Buffalo's population and the advancement in technology and information management systems during the past decade we should be successfully managing the City with fewer council members and city employees. Buffalo can no longer afford a wasteful government conducting business as usual. It's time to take dramatic and positive corrective action. PLEASE BEGIN NOW. REFERRED TO THE SPECIAL COMMITTEE ON REAPPORTIONMENT NO. 79 D. PRIDGEN-INTEREST CONCORDIA CEMETERY Page 51 02-0625.txt This letter serves to notify you and the Common Council of our interest in Concordia Cemetery. We are a 501-C3 recognized agency and have a separate community development agency. We are able to properly and legally run the facility and have 3 licensed funeral directors (or directiona5part of our organization. We are fully equipped with an accountant, lawyer and business manager to immediately begin discussions about the transfer of the property. We are interested in discussing the following points, which would be essential to our operation of the grounds. STATE INANCIAL ASSISTANCE. In order to begin operation of the abandoned facility as soon as possible, we would be in need Of some financial assistance, considering the present condition that the Previous Occupants left it. CREMATORY. Recognizing that the 9voundsare very limited in the number of new graves that can be 501d, we would have to look in another direction for continued financial stability. We therefore request permission to Place a crematory on the Premises. This would help serve the population that 4Oe5 not desire a traditional burial, and generate finances for the cemetery operations. IMMEDIATE MANAGEMENT. The cemetery continues to be vandalized and Minimally maintained. As we continue to try to Find resolve in this Matter We are interested in managing the facility as soon as Possible. Until a final agreement is reached we would be responsible for overseeing basic grounds maintenance including lawn care with the possible assistance of Summer Youth, Work6re or inmate assistance. We Would also Open and Secure the 6Cility On a daily basis and informing the City and State on emergency situations (i.e. vandalism, theft Or Major Catastrophe Please let me know at your earliest convenience if there is any interest to our Proposall. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 80 M. MURPHY LAYOFFS FROM THE DIVISION OF SUBSTANCE ABUSE SERVICES. I would like to extend my thanks to you for speaking to me last Friday regarding my concerns relating to the notices of layoff for the Division of Substance Abuse Services ("DSAS"). I know that the City is facing difficult budget times; however, I believe that DSAS can be a self-sustaining division within the City. In a letter to the Buffalo Common Council dated May 20, 2002, 1 was authorized by Chief Judge Thomas P. Amodeo to make the following proposal to the City of Buffalo: 1 .Chief Judge Amodeo will appoint a committee which will submit to the Buffalo Common Council and to the Mayor its recommendation on the restructuring of the Division of Substance Abuses Services within 30 days. This restructuring plan will address the issue of increasing the rate of reimbursable services through private insurance and/or Medicaid. 2.This committee will consist of the Honorable Robert Russell (Judge of the Buffalo City Court Drug Court), the Honorable Margaret A. Murphy (Buffalo City Court Judge), Hank Pirowski ( Project Director of the COURTS Program), a representative from Eric County Department of Social Services, and such other persons whom the Chief Judge Page 52 02-0625.txt believes is necessary to make the appropriate review and recommendations to the City of Buffalo. 3.If the Common Council accepts the recommendations contained in the 30 day report, the committee will continue to review what steps are being taken to implement these recommendations. Reports will then be filed with the Buffalo Common Council every 60 days. We made this proposal with the understanding that DSAS would continue without layoffs until December 31, 2002. We were given these assurances from the Council President, the Majority Leader and Don Allen. It was further my understanding that, if DSAS failed to increase its reimbursable services, that the division would cease to exist and all employees would be laid off. Last week, layoff notices were sent to 18 employees, reducing the division from 29 to 11. Currently, the City Court of Buffalo, through its COURTS Program, has referred between 250 -300 clients to DSAS. We are greatly concerned that these court-ordered clients will not be able to receive the quality of services needed for them to comply with their court-directed treatment. The elimination of more than half the division's staff makes our proposal meaningless. Neither the City Court or the COURTS Program can make any further assurances that we will be able to continue to make the same number of referrals to DSAS. I hope, Mayor, that you will review with your administration and reconsider this decision to layoff these 18 DSAS employees. Let me highlight for you a few key points which should be taken into consideration in your discussions: 1 .DSAS is a medically supervised outpatient drug and treatment clinic (D&TC) which has been licensed by the New York State Department of Health as an Article 28 D&TC facility. The only other local agency which has this type of license is Horizon. 2.As an Article 28 D&TC facility, DSAS may seek Medicaid reimbursement at a rate of $120 per service unit. A service unit is a 30 minute session. Non-Article 28 facilities may only seek reimbursement based upon negotiated rates which range between $47 and $68 per visit. In August, the New York State Office of Alcohol and Substance Abuse Services (OASAS) will be implementing rules and regulations which will consolidate alcohol and substance abuse outpatient services into a single system of chemical dependence (CD) treatment services. Under these new regulations, non-Article 28 agencies in high volume clinics will be reimbursed by Medicaid at a rate of $62 per visit. A high volume clinic has over 34,900 client visits per year. DSAS would be considered a high volume clinic. Article 28 D&TC facilities will continue to be reimbursed at $120 per service unit. Consequently, DSAS will continue to receive almost twice the rate which other CD clinics receive. 3.The average census of DSAS clients at any given time is between 250 - 300. These clients are, for the most part, referred by the courts. At the time of referral, 65% are uninsured. However, 94% of this 65% uninsured population are Medicaid eligible. Of the 35% who are insured or who have insurance pending at the time of referral, the vast majority are already on Medicaid. For those who will continue to be uninsured, DSAS receives net-deficit funding from OASAS. 4.Individuals who are referred from the Buffalo Drug Court, as well as a vast majority of referrals made from the other Page 53 02-0625.txt criminal parts within City Court, have been classified by the COURTS Program as having a chronic chemical dependency. These individuals should be receiving intensive outpatient treatment (i.e. treatment/counseling at 10 hours per week). Unfortunately, these individuals are generally placed in sessions three times per week. By increasing the availability of intensive outpatient services, DSAS would be able to increase the amount of reimbursements. 5.The following represents the annual Medicaid reimbursement which DSAS could expect with a given number of clients receiving treatment/counseling on the average of two times per week: 100 clients @ 2 times per week for 5 0 weeks = $1.2 million 200 clients @ 2 times per week for 50 weeks = $2.4 million The average census of DSAS clients who are Medicaid eligible exceeds 200. Additionally, if DSAS were to expand its services to include intensive outpatient services (which would be permitted under its Article 28 license), these revenue estimates would increase. 6.Over the last decade, DSAS lost a number of employees whose services were considered non-reimbursable. These employees included case managers whose services were non-reimbursable but who assisted clients in processing their Medicaid applications. When these positions were eliminated from the DSAS budget, the amount of revenues received sharply declined. DSAS needs to go back to its past management practices or adopt management policies which have been embraced by other similarly situated agencies. Finally, both Jim Milroy and yourself have expressed concerns over recent regulatory changes which will take effect in August. I have reviewed these regulations. The following reflects some of the more significant changes in the new regulations: A staffing standard based upon uniform Qualified Health Professional (QHP) requirements is established for all services; Methods of meeting required staffing levels are more flexible; Greater flexibility in the use of nurse practitioners and physician's assistants is provided; More flexibility in record keeping requirements, including the ability to use updated information from previous treatment episodes, is available; and, More flexible space requirements are established. From my review, I do not believe that these changes will have a great impact under the current DSAS structure. For example, both you and Mr. Milroy indicated the concern that DSAS Would have to increase its medical personnel. Under the new regulations, DSAS needs the following staffing levels: 1.A Clinical Director who is a qualified health professional (QHP). Such person shall have at least three years of full-time clinical work experience in the chemical dependence field, at least one year of which must be supervisory, prior to appointment as clinical director. Jessie Carmichael is the current clinical director. I believe that he has these credentials. 2.A Medical Director who is a physician. Rafael Rondon is the current medical director. I do not know his credentials. 3.A physician, registered physician's assistant or nurse practitioner. They must be onsite for a minimum of one hour per week for up to 25 active patients, and an additional hour Page 54 02-0625.txt for each additional 25 active patients. DSAS already employs a nurse, Donna Gerstlent. I do not know whether the current nurse would qualify as a nurse practitioner or as a physician's assistant. However, the Medical Director may also serve in this function, as well. 4.Full-time Equivalent Clinical Staff Member for every 35 patients who are regularly provided with treatment services (i.e., patients who receive at least two treatment visits per month). 50% of all clinical staff shall be a QHP. For purposes of meeting the above noted QHP requirements, Credentialed Alcoholism and Substance Abuse Counselor (CASAC) in training with at least 350 training and education hours and other staff with a minimum of 4000 hours of work experience and 85 clock hours of qualifying education, may be counted. I do not know the current qualifications of those who are in the civil service titles of Senior Counselor, Counselor II or Counselor Ill. I also do not know who has been given layoff notices. 5.Health Coordinator who will ensure the provision of education, risk reduction, counseling and referral services to all patients regarding HIV and AIDS, tuberculosis, hepatitis, sexually transmitted diseases, and other communicable diseases. 6.Sufficient Support Staff to minimize the need for treatment staff to perform nontreatment functions and to optimize efficiency. Prior to layoff notices, DSAS had I Account Clerk Typist, 2 Reimbursement Specialists, I Typist, 2 Stenographers, I Stenographer/Typist, 2 Case Managers, and 2 Clerks. 7.Psychologists, psychiatrists, and/or social workers, if DSAS expands its services to provide CD treatment to those patients with mental illness. DSAS does not currently provide such services and would not be required to provide such services under the new regualtions. 8.A QHP with experience in family counseling or a written referral agreement for family counseling. I strongly suggest that you review with the Corporation Counsel the regulations which can be found at 14 NYCRR 822, Section 822.7 (Staffing). I think you will come to the conclusion that any staffing changes can easily be offset by the reimbursement rate provided for an Article 28 facility. I hope you will give me the opportunity to discuss this matter further with you and the members of your administration. Thank you for your consideration in this matter. REFERRED TO THE COMMITTEE ON BUDGET PETITIONS NO. 81 R. ROEHM, SR. USE 3043 MAIN STREET-CHANGE OF USE DOUGHNUT BAKERY. (HRG. 7/2) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 82 J. KNAUTH, AGENT, USE 367 LINWOOD -GROUND SIGN IN AN R-4 DISTRICT. (HRG. 7/2) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING Page 55 02-0625.txt BOARD AND CORPORATION COUNSEL. NO. 83 A. QUIMBY9 AGENT, USE 2523 MAIN STREET FOR A POLE SIGN. (HRG. 7/2) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 84 T. NGUYEN, AGENT, USE 3329 BAILEY FOR AUTO SERVICE. (HRG. 7/2) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 85 H. NGUYEN, AGENT, USE 3396 BAILEY FOR RESTAURANT. (HRG. 7/2) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 86 E. KOLKEN, OWNER, USE 173 ALLEN FOR TAKE OUT RESTAURANT/OUTDOOR SEATING/PKG HRG 7/2 REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 87 J. BRACISZEWSKI, AGENT, USE 601 HERTEL FOR A HUMAN SERVICE FACILITY (HRG 07/02) REFERRED TO THE COMMITTEE ON LEGISLATION,STRATEGIC PLANNING, THE CITY PLANNING BOARDAND THE CORPORATION COUNSEL NO. 88 0. SMUKLER, AGENT, USE 1384 HERTEL FOR RESTAURANT. (HRG. 7/2) REFERRED TO TI-iE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 89 D. ERICKSON, OWNER, USE 212 GRANT ST.-PLACE SIDEWALK PATIO TO RIGHT OF BAKERY/REST. The attached is for Common Council Approval; but per Section 413-59, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, THE DIRECTOR OF STRATEGIC PLANNING, THE CIT~ PLANNING BOARD AND THE CORPORATION COUNSEL NO. 90 R. SHERWOOD, AGENT, USE 1106 AKA 1108 LOVEJOY- SIDEWALK CAFE The attached is for Common Council Approval; but per J. Carr, Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION, THE Page 56 02-0625.txt DIRECTOR OF STRATEGIC PLANNING, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL NO. 91 INFLUENCES CHILDREN INC. EPIC-EVERY PERSON, OWNER, USE 1000 MAIN-GROUND SIGN he attached is for Common Council Approval; but per Permits, no public hearing is required. Mrs. LoTempio moved: That the petition of Every Person Influences Children, Inc. (EPIC), owner, for permission to use 1000 Main Street for a sign be, and hereby is approved. PASSED AYES - 13 NOES - 0 NO. 92 SHAPIRO & SHAPIRO, AGENT, USE 343 ELMWOOD-NON-ILLUMINATED 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 STRRATEGIC PLANNING, THE CITY PLANNING BOARD AND THE CORPORATION COUNSEL REGULAR COMMITTEES CIVIL SERVICE (MARC A. COPPOLA, CHAIRPERSON) NO. 93 APPOINTMENT SR. ACCOUNT CLERK STENO (MAX) (ASSESS/TAX) (ITEM NO. 18-C.C.P. JUNE 11, 2002) That Communication 18, June 11, 2002 be received and filed and the permanent appointment of Rhonda J. Zloty stated above at the maximum salary of $29,652 effective on June 4, 2002 is hereby approved. PASSED AYES - 13 NOES - 0 NO. 94 APPOINTMENT FIRE ALARM DISPATCHER (MAX) (FIRE) (ITEM NO. 4 1 -C.C.P. JUNE 11, 2002) That Communication 4 1, June 11, 2002 be received and filed and the permanent promotion of Marvin Jones stated above at the maximum salary of $58,204 effective on June 2, 2002 is hereby approved. PASSED AYES - 13 NOES - 0 NO. 95 NOTICES OF APPT. -TEMP./PROV. /PERM. (C. CLK.) (CCP#56-JUNE 11, 02) That the above item be and the same hereby is received and filed. ADOPTED FINANCE (BETTY JEAN GRANT, CHAIRPERSON) NO. 96 SET PUBLIC HEARING-AUGSPURGER EXPANSION-CONDEMNATION-43 W. HURON ST. (HRG. 6/25) CCP# 120 -5/28/02 Page 57 02-0625.txt That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON FINANCE BETTY JEAN GRANT, CHAIRPERSON A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mr. Fontana the item is properly before the Common Council, and the hearing is opened. CARRIED Appearances -John Hannon, Director of Real Estate, Tom Gallagher, Bd. Of Parking, Mark Mc Nammara, Counsel-Bd of Parking, Rev A J Knew Jr, Queens Federation Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Fontana CARRIED. Augsburger Expansion - Condemnation 43 West Huron Street (Item No. 120, C.C.P., May 28, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio moved: That the City Clerk is hereby directed to publish the Notice of Hearing in the Buffalo News. Said notice to be published for five (5) consecutive days. That the Common Council will conduct a Public Hearing in the Common Council Chambers. Mrs. LoTempio moved that the above item is hereby referred to the Committee on Finance ADOPTED NO. 97 SET PUBLIC HEARING-352 PEARL ST. (HRG. 6/25) CCP#119 -5/28/02 That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON FINANCE BETTY JEAN GRANT, CHAIRPERSON A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mr. Fontana the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances -Mark McNamara, Council Parking Board Mrs. LoTempio now moved that the hearing be closed. Seconded by CARRIED. Augsburger Expansion - Condemnation 352-Pearl Street (Item No. 119, C. C. P., May 2 8, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio moved That the City Clerk is hereby directed to publish the Notice of Hearing in the Buffalo News. Said notice to be published for five (5) consecutive days. That the Common Council will conduct a Public Hearing in the Common Council Chambers. Page 58 02-0625.txt Mrs. LoTempio moved that the above item be referred back to the Committee on Finance ADOPTED. NO. 98 LEASE - 560 WALDEN AVENUE (ITEM NO. 11, C.C.P., JUNE 11, 2002) That the above item be, and the same hereby is returned to the Common Council wIthout recommendation. Mrs. Grant moved that the above item be recommitted to the Committee on Finance ADOPTED. NO. 99 SUBARU BUFFALO 4 MILE CHASE (ITEM NO. 170, C.C.P., MAY 14, 2002) That the Subaru Buffalo 4 Mile Chase race area is a designated area in which neighborhood merchants are allowed, to sell their wares and that illegal vendors be prohibited from soliciting during this event on July 20, 2002 along Elmwood Avenue. ADOPTED NO. 100 BURA PURCHASE 944, 846, 854, 858, 864, 878 & 899 MAIN STREET & PORTION OF 380 N. OAK STREET (ITEM NO. 6, C.C.P., MAY 28, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation, Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 101 RESULTS OF NEGOTIATIONS - 844, 846, 854, 858, 864, 878 AND 988 MAIN STREET (ITEM NO. 12, C.C.P., FEB. 19, 2002) (ITEM NO. 82, C.C.P., MAY 28, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 102 APPRAISAL OF PROPERTIES - 844, 846, 854, 858, 864, 878 AND 888 MAIN STREET (ITEM NO. 15, C.C.P., MAY 14, 2002) (ITEM NO. 83, C.C.P., MAY 28, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 103 SALE OF BUILDINGS TO BURA - 844, 846, 854, 858, 864, 878 AND 888 MAIN STREET (ITEM NO. 25, C.C.P., MAR. 5, 2002) (ITEM NO. 84, C.C.P., MAY 28, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Page 59 02-0625.txt Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 104 CHANGE IN CONTRACT - TREE ROOT DAMAGED SIDEWALKS - GROUP 561 (ITEM NO. 27, C.C.P., JUNE 11, 2002) That the Commissioner of Public Works, Parks and Streets be, and lie hereby is authorized to issue change order No. 1, to Sicilia Construction Co., Inc., an increase in the amount of $75,000.00, as more fully described in the above communication, for work relating to Tree Root Damaged Sidewalks, Group 9561, Contract 492010387 and to transfer CDBG funds in the amount not to exceed $75,000.00 from CDBG Account 9256120 to Capital Account 435310806. PASSED AYES - 13 NOES - 0 NO. 105 B - GRANT-REQ. SLASH PAD-MCCARTHY PARK (CCP#60-MAY 28, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 106 B. GRANT-REQ. SLASH PAD-MCCARTHY PARK (PW) (CCP#21 JUNE 11, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 107 J. MARRS - REQUEST HOCKEY DASHER BOARDS FROM MEMORIAL AUDITORIUM (ITEM NO. 68, C.C.P., MAY 28, 2002) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to sell the necessary hockey dasher boards to Allpro Sports Creations in the amount of $50.00 per section. PASSED AYES - BONIFACIO, COPPOLA, DAVIS, FISHER, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, PITTS, THOMPSON - 12 NOES -FONTANA - 1 NO. 108 BID PRICE-AUD DASHER BOARDS-ALLPRO SPORTS CREATION (PW) (CCP#26-JUNE 11, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 109 WAIVE BLOCK PARTY PERMITS FOR NATIONAL NIGHT OUT (ITEM NO. 150, C.C.P., JUNE 11, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant moved: That the above item be and the same hereby is received and filed. Page 60 02-0625.txt ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 110 S. BISSONETTE, PETITION TO USE 605 FILLMORE AVENUE - HUMAN SERVICES (ITEM NO. 75, C.C.P., JUNE 11, 2002) That after the public hearing before the Committee on Legislation on June 18, 2002, the petition of S. Bissonette, agent, for permission to use 605 Fillmore Avenue for a human service facility be, and hereby is approved. PASSED AYES - 13 NOES - 0 NO. 111 A. PARIS, PETITION TO USE 69 MILLS - HUMAN SERVICE FACILITY (ITEM NO. 76, C.C.P., JUNE 11, 2002) That after the public hearing before the Committee on Legislation on June 18, 2002, the petition of A. Paris, owner, for permission to use 69 Mills for a human service facility be, and hereby is approved. PASSED AYES - 13 NOES - 0 NO. 112 A. PARIS, PETITION TO USE 89 MILLS - HUMAN SERVICE FACILITY (ITEM NO. 77, C.C.P., JUNE 11, 2002) That after the public hearing before the Committee on Legislation on June 18, 2002, the petition of A. Paris, owner, for permission to use 99 Mills for a human service facility be, and hereby is approved. PASSED AYES - 13 NOES - 0 NO. 113 M. ALETTO, PETITION TO USE 456 ELMWOOD AVENUE TO ERECT A MASONRY CONVENIENCE STORE/GASOLINE FACILITY (ITEM NO. 105, C.C.P., MAY 14, 2002) That after the public hearing before the Committee on Legislation on May 21, 2002, the petition of M. Aletto, agent, for permission to use 456 Elmwood Avenue for a 3200 sq. ft. masonry convenience store/gasoline facility be, and hereby is approved. PASSED AYES - 13 NOES - 0 NO. 114 D. SCHEID, PETITION TO USE 660 OHIO - FILLING BUILDING FOR ADHESIVES W/BULK STORAGE FACILITY (ITEM NO. 91, C.C.P., APR. 16, 2002) (ITEM NO. 92, C.C.P., MAY 28, 2002) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That after the public hearing before the Committee on Legislation on April 23, 2002, the petition of D. Sheid, agent, for permission to use 660 Ohio for filling building for adhesives with bulk storage facility be, and hereby is Page 61 02-0625.txt approved. PASSED AYES - 13 NOES - 0 NO. 115 J. POPIELA, PETITION TO USE 1119 WILLIAM - POLE SIGN (ITEM NO. 70, C.C.P., JUNE 11, 2002) That the petition of J. Popiela, for permission to use 1119 Williams Street for a pole sign be, and hereby is approved. PASSED AYES - 13 NOES - 0 NO. 116 ORDINANCE AMENDMENT-CHAPTER 511 -ZONING, USE PEN-NIT REQUIREMENT (CCP#145--6/11/02) That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON LEGISLATION. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Ms. Gray the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Fontana CARRIED. by: Mr. Bonifacio Ordinance Amendment Chapter 511 -Zoning, Use Permit Requirement The Common Council of the City of Buffalo does hereby ordain as follows: That Section 511-136 of Article XXVII of Chapter 511 of the Code of the City of Buffalo be arnended to read as follows: 511-136 Use Permit required for Human Service Facilities. 1.Effective Date and Expiration. This Article shall take effect on July 1, 1995 and shall expire on [July 1, 2002] July 1, 2003. APPROVED AS TO FORM Corporation Counsel NOTE: Matter in brackets to be deleted; matter underlined is new. Ordinance Amendment - Chapter 511 - Zoning, Use Permit Required (Item No. 145, C.C.P., June 11, 2002) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That after the public hearing on June 18, 2002, the Ordinance Amendment as contained in Item No. 145, C.C.P., June 11, 2002, be and the same hereby is approved. PASSED AYES - 13 NOES - 0 NO. 117 ORDINANCE AMENDMENT - CHAPTER 414 - SPECIAL Page 62 02-0625.txt EVENTS (ITEM NO. 162, C.C.P., JUNE 11, 2002) That the above item be, and the same hereby is, retumed to the Common Council without recommendation. Mr. Fontana moved: That the Ordinance Amendment as contained in Item No. 162, C.C.P., June 11, 2002, be and the same hereby is approved. PASSED AYES - 13 NOES - 0 NO. 118 ORDINANCE AMENDMENT - CHAPTER 175 - FEES (SPECIAL EVENTS) (ITEM NO. 163, C.C.P., JUNE 11, 2002) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That the Ordinance Amendment as contained in Item No. 163, C.C.P., June 11, 2002, be and the same hereby is approved. PASSED AYES - 13 NOES - 0 NO. 119 GREATER BUFFALO ITALIAN HERITAGE AND FOOD FESTIVAL (ITEM NO. 149, C.C.P., JUNE 11, 2002) That the North Buffalo Community Development Corp., Hertel North Buffalo Business Assn., and the West Side Business and Taxpayers Assn., Inc. are hereby granted permission to jointly conduct the 2002 Greater Buffalo Italian Heritage and Food Festival from July 11, 2002 to July 14, 2002, subject to the conditions as listed in the above communication. PASSED AYES - 13 NOES - 0 NO. 120 PROPOSED FOOD STORE ORDINANCE (LAW) (CCP#67-MAY 14, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 121 B. GRANT-HOUSING VIOLATIONS CASES-UNIVERSITY DIST. (CCP#87-APR. 30, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 122 CITY'S FLEET OF OWNED OR LEASED VEHICLES (CCP#133-DEC. 26, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 123 CITY'S FLEET OF OWNED OR LEASED VEHICLES (COMPT) Page 63 02-0625.txt (CCP#15-JAN. 22,02) That the above item be and the same hereby is received and filed. ADOPTED NO. 124 M. COPPOLA-A. NANULA-REQ. RESCHED. DATE-COB INV.-COB OWN/LEAS. VEH. (CCP#65-APR. 2, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 125 AUDIT OF CITY OWNED VEHICLES (CCP#147-JUNE 11, 02) That the above item be and the same hereby is referred to the Committee on Finance. ADOPTED NO. 126 SECONDHAND DEALER - 1928 SOUTH PARK AVENUE (ITEM NO. 43, C.C.P., JUNE 11, 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 Secondhand Dealer license to Richard Guard d/b/a Penny-Wise located at 1928 South Park Avenue. PASSED AYES - 13 NOES - 0 NO. 127 WHOLESALE JUNK DEALER - 267 MARILLA (ITEM NO. 100, C.C.P., SEPT. 4, 2001) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & inspection Services be, and he hereby is authorized to grant a Wholesale Junk Dealer license to Mike Diamond d/b/a Diamond Hurwitz Scrap Inc. located at 267 Marilla. PASSED AYES - 13 NOES - 0 NO. 128 NOTIFICATION SERIALS #9407-9426 (PW) (CCP#19-JUNE 11, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 129 R. FONTANA-J. ARMBRUSTER-CONC.-LAIDLAW FAC.NAR. TRAF. SIGNS-WALDEN/ST. MARY'S (CCP#65-APR. 16, 02) That the above item be and the same hereby is received and filed. MT. Fontana moved that the above item be recommitted to the Committee on Legislati6n. ADOPTED. NO. 130 Page 64 02-0625.txt VEHICULAR ACCIDENTS AT INTERSECTION OF E. FERRY ST./HUMBOLDT PKWY. (CCP#138-FEB. 5, 02) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 131 J BAMACK-NYSDOT-REVIEW TRAFFIC CONDITIONS-E. FERRY/HUMBOLDT PKWY. (CCP#54-FEB. 19, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 132 SIDEWALK CAFE - 38 SWAN STREET (ITEM NO. 27, C.C.P., MAY 28, 2002) That the above item be, and the same hereby is, returned to the Common Council m7ithout recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 133 SIDEWALK CAFE - 38 SWAN STREET (CP) (ITEM NO. 5, C.C.P., JUNE 11, 2002) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislati6n. ADOPTED NO. 134 SIDEWALK CAFE - 1503 HERTEL AVENUE (ITEM NO. 31, C. C.P., JUNE 11, 2002) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Rosalie Morreale, owner of LaMarina Restaurant, located at 1503 Hertel Avenue, to install a sidewalk cafe, which would encroach city right-of-way at said address, subject to the following conditions: 1 . That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 2. That the sidewalk cafe be installed exactly as shown on plans Submitted to and approved by the Department of Permit and Inspection Services. 3. That the sidewalk cafe does not exceed seventeen feet (17') in length or extend more than eleven feet (I F) from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5.That the sidewalk cafe be completely removed from City right-of-way from November 15 to April I each year. 6.That the applicant be assessed the annual fee of one dollar and thirty cents ($1.30) per square foot of City right-of-way occupied by said sidewalk caf‚ as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7.That the applicant supply the Department of Public Works, Parks and Streets with a five thousand dollar Page 65 02-0625.txt ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. PASSED AYES - 13 NOES - 0 NO. 135 SIDEWALK CAFE - 783 ELMWOOD AVENUE (ITEM NO. 33, C.C.P., JUNE 11, 2002) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Peter Piotrowski, owner of Manhattan Bagel, located at 783 Elmwood Avenue, to install a sidewalk cafe, which was previously approved as Item No. I 11, C.C.P., July 17, 1990 which would encroach city right-of-way at said address, subject to conditions as listed in the original approval and the following new conditions: 1 .That no outside music is allowed. 2.That there are no outside trash receptacles. 3.That the sidewalk caf6 closes at 11:00 p.m. 4.That four (4') feet of unobstructed vertical sidewalk clearance remain. 5.That the Department of Public Works, Parks and Streets and the Office of License approve the sidewalk caf6. PASSED AYES - 13 NOES - 0 NO. 136 SIDEWALK CAFE - 3160 MAIN STREET (ITEM NO. 34, C.C.P., JUNE 11, 2002) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Jeremy Kornbluth, owner of Stimulance Cafe, located at 3160 Main Street, to install a sidewalk cafe, which was previously approved as Item No. 28, C.C.P., February 3, 1998 which would encroach city right-of-way at said address, subject to conditions as listed in the original approval and the following new conditions: 1 .That no outside music is allowed. 2.That there are no outside trash receptacles. 3.That the sidewalk caf6 closes at 11:30 p.m. 4.That four (4') feet of unobstructed vertical sidewalk clearance remain. 5.That the Department of Public Works, Parks and Streets and the Office of License approve the sidewalk caf6. PASSED AYES - 13 NOES - 0 NO. 137 NFTA-SW COM.-ELMWOOD/W. UTICA-BUS SHELTER ENCROACHMENT (PLAN. BD) (CCP#4-JUNE 11, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 138 N. ECKERT-CONCERNS- 182 GARNER AVE. (POL.) (CCP#38-JUNE 11, 02) That the above item be and the same hereby is received Page 66 02-0625.txt and filed. ADOPTED NO. 139 B. GRANT-S. & R. RAGLAND-HAZARDOUS TREE-109 PHYLLIS (CCP#63-JUNE 11, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 140 TRAILBLAZING SIGNAGE - GETHSEMANE MISSIONARY BAPTIST CHURCH (ITEM NO. 151, C.C.P., JUNE 11, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That this Common Council approves the installation of trailblazing signs proclaiming the portion of Virginia Street, between Lemon and Grape Streets, as "Ted Banks Boulevard", and That this Common Council approves the installation of trailblazing signs proclaiming the portion of Grape Street, between Lemon Street and Jefferson Avenue, as "Mary Jackson Way", and That this Common Council approves the installation of trailblazing signs proclaiming the portion of Carlton Street, between Lemon Street and Jefferson Avenue, as "1\4rs. H.B. Shaw Street", and That this Common Council request that the Department of Public Works install of trailblazing signs beneath the existing street signs on Virginia, Grape and Carlton Streets. PASSED AYES -BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, MARTINO, PITTS, THOMPSON - 12 NOES - lOtEMPIO -1 COMMUNITY DEVELOPMENT (ANTOINE M. THOMPSON, CHAIRMAN) NO. 141 T. NELSON-PROJECT DIRECTIONS, INC.-LAKEVIEW HOPE VI UPDATE RPT.-4/2,4/02 (CCP#92-APR. 20, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 142 A. THOMPSON-INFO-CDBG (CCP#99-MAR. 19, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 143 EMPOWERMENT ZONES/ENTERPRISE COMMUNITIES (STRAT. PL.) (CCP#16-OCT. 2, 01) That the above item be and the same hereby is received and filed. ADOPTED Page 67 02-0625.txt NO. 144 SIX SECTOR PROPOSAL AND RELATED ISSUES (ITEM NO. 16, C.C.P., APR. 30, 2002) That the above item be, and the same hereby is returned to the Common Council Without recommendation. Mr. Thompson moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 145 FEDERALLY FUNDED LOAN PROGRAMS - LEAD BASED PAINT REGULATIONS (ITEM NO. 15, C.C.P., JAN. 8, 2002) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Thompson moved: That the above mentioned item be and the same is hereby received and filed, ADOPTED NO. 146 A. THOMPSON-EC. IMPACT/REL. INFO.-ADELPHIA (CCP#71 -FEB. 19, 02) That the above item be and the same hereby is referred to the Special Committee on Telecommunications. ADOPTED NO. 147 WATERFRONT PLANS (BERC) (CCP#70-MAR. 19, 02) That the above item be and the same hereby is referred to the Special Committee on Waterways. ADOPTED NO. 148 B. GRAY, DESCRIPTIONS-COMM. BASED WATERFRONT PROJECTS (CCP#95-JAN. 23, 02) That the above item be and the same hereby is referred to the Special Committee on Waterways. ADOPTED NO. 149 J. JEDLICKA-CO. ERIE-EVN./PLAN-SENECA BLUFFS WETLAND-REST. PROJ.-PHASE VI-I (CP) (CCP#3 2-MAY 14, 02) That the above item be and the same hereby is referred to the Special Committee on Waterways. ADOPTED NO. 150 B. BISTANI-BFLO. RIVERWALK (CCP#78-APR. 30, 02) That the above item be and the same hereby is referred to the Special Committee on Waterways. ADOPTED NO. 151 EST. A SWIMMING BEACH IN BFLO. AT A CENTRAL LOCATION (CCP#197-SEPT. 18, 01) That the above item be and the same hereby is referred to the Special Committee on Waterways. Page 68 02-0625.txt ADOPTED NO. 152 EST. A SWIMMING BEACH IN BFLO. AT A CENTRAL LOCATION (STRAT. PL.) (CCP#18-OCT. 2, 01) That the above item be and the same hereby is referred to the Special Committee on Waterways. ADOPTED NO. 153 PERM. TO HIRE CONST. MGR.-N. JEFF LIB (PW)(#59,1/8)(#97,12/26)(#80,12/11)(#22,11/27) (CCP# 154-JAN. 22, 02) Mr. Thompson moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 154 A. THOMPSON-D. DIHAAN-JEFF, COMM. STRIP (CCP #84-APR. 16, 02) That the above item be and the same hereby is received and filed. ADOPTED EDUCATION (CHARLEY H. FISHER, III, CHAIRMAN) NO. 155 M. PIRNIE-REQ. ASSIST.-PART. IN FT. SCH. CONST. PROJECT-COB (CCP#88-MAY 14, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 156 VAR. INFO.-LIST OF COMM. SCHOOLS, ETC. (BD. ED.) (CCP#67-APR. 30, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 157 T. MCKELVEY-REQ. PART. -DEV./RENOV. -BFLO. PUBLIC SCHOOLS (BD. ED.) (CCP#48-NOV. 27, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 158 M. MARTINO-BELVEDERE CHOATE LORRAINE BLK. CLUB-OPP. REMOVAL GREEN SPACEL-LORRAINE ACADEMY (CCP#96-MAY 14, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 159 M. PRYOR-REQ. PART.-JT. SCH. CONST. BD./M. Page 69 02-0625.txt MARTINO-BELVEDERE CHOUTE LORREINE-OPP. REM. GREEN SPACE (BD. ED.) (CCP#43-MAY 28, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 160 A. THOMPSON-R. CUMMINGS-CONCERN RE: SPECS/]BIDS-MON. ELEC. SEC. SYS (CCP#101-MAY 14,02) That the above item be and the same hereby is received and filed. ADOPTED SPECIAL COMMITTEES POLICE REORGANIZATION & OVERSIGHT COMMITTEE (DOMINIC J. BONIFACIO, JR., CHAIRMAN) NO. 161 B. WILLIAMS-C. PELLAM-CONCEMS-POLICE OFFICERS (CCP #71-SEPT. 18, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 162 B. WILLIAMS-C. PELLAM-CONCERNS-POLICE OFFICERS (CIT. RIGHTS) (CCP#29-JAN. 8, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 163 B. GRANT-ILLEGAL FLYER-99 CUSTER (#68, 4/16) (CCP#152-APR. 30,02) That the above item be and the same hereby is received and filed. ADOPTED BUDGET COMMITTEE (ROSEMARIE LOTEMPIO, CHAIRPERSON) NO. 164 SALARY ORDINANCE AMENDMENT - VARIOUS DEPARTMENTS (ITEM NO. 148, C.C.P., JUNE 11, 2002) Mr. Thompson moved that the above item be recommitted to the Special Committee on Budget ADOPTED REAPPORTIONMENT COMMITTEE (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 165 R. CANNON-COMMENTS-COB REAPPORTIONMENT (CCP#59-JUNE 11, 02) That the above item be and the same hereby is received and filed. ADOPTED NO. 166 M. HOLDEN-COMMENTS-REAPPORTIONMENT (CCP#67-JUNE 11, 02) That the above item be and the same hereby is received Page 70 02-0625.txt and filed. ADOPTED RESOLUTIONS NO. 167 BY: MR. BONIFACIO APPOINT LEGISLATIVE ASSISTANT Whereas:Peter J. Savage, III was shifted from the position of Legislative Assistant to Legislative Aide effective November 26, 2001; and Whereas:I wish to reinstate him as a Legislative Assistant effective JuIy 1. 2002 as permitted by the 2002-20031 City Budget; and Now, Therefore, Be It Resolved: That the Common Council hereby appoints Peter J. Savage, III to the position of Legislative Assistant to the Niagara District ADOPTED NO. 168 BY: MR. BONIFACIO AND MR. DAVIS PROHIBIT THE CO-MINGLING OF LEGAL AGE AND UNDERAGE PATRONS IN DRINKING ESTABLISHMENTS Whereas Many bars and drinking establishments promote "mixed" crowds where individuals eighteen years and older may attend but not drink alcoholic beverages; and WhereasIn such cases, underage patrons are typically distinguished by a bracelet or marking on their wrists, and Whereas: Permitting eighteen year olds to patron bars often makes it easier for even younger teenagers to gain admission, and Whereas In some cases underage patrons find little difficulty in obtaining alcoholic beverages once inside the bar, either being served directly or having "legal" friends purchase alcoholic beverages for them; and Whereas: There has also been complaints of disruptive and violent behavior at some of these establishments; and Whereas Those establishments that permit eighteen year old patrons should do so on separate times from when the regular drinking crowd is in attendance, and should not have access the areas where alcohol is served and Now, Therefore, Be It Resolved: That the City of Buffalo oppose the co-mingling of underage and legal age crowds in drinking establishments in the City of Buffalo; and Be It Further Resolved: That the Corporation Council advises this honorable body as to the City's ability to restrict the co-mingling of underage and legal age crowds in drinking establishments; and Be It Further Resolved: That a certified copy of this resolution accompany a letter to the New York State Liquor Authority requesting comments as to its position and concerns relating to the co-mingling of underage and legal age patrons in drinking establishments; and Be It Finally Resolved: That certified copies of this resolution be sent to Governor George Pataki and the Western Delegation of the New York State Legislature. ADOPT 3RD AND 4TH RESOLVE THE REMAINDER TO THE COMMITTEE ON LEGISLATION THE CORPORATION COUNSEL, THE DI RECTOR OF STRATEGIC PLANNING AND THE CORPORATION COUNSEL AND THE STATE Page 71 02-0625.txt LIQUOR AUTHORITY NO. 169 BY: MR. COPPOLA ORDINANCE AMENDMENT CHAPTER 63 - AIRCRAFT The Common Council of the City of Buffalo does hereby ordain as follows: That Section 63-3 of Chapter 63 of the Code of the City of Buffalo be amended to read as follow s: 63-3. Privately owned airports. A. No person shall hereafter establish a privately owned airport or make an improvement to an existing privately owned airport except by authorization of the Common Council. The term "airport" shall mean and include any landing area used regularly for receiving or discharging passengers or cargo; any landing area being used for personal or training purposes; and any locality, either of land or water, which is used or intended to be used for the landing and takeoff of aircraft, whether or not facilities are provided for shelter, servicing or repair of aircraft or for receiving or discharging passengers or cargo. The term "airport improvement" shall include extension, alteration, modification, addition to or realignment of the runway(s) of an existing airport or the modification in any way of the landing or takeoff directions at such airport. B. Any person seeking to establish a privately owned airport or make an improvement to an existing privately owned airport shall file an application therefor with the Common Council, which shall contain at least the following information: (1) The name and address of the applicant. (2) Detail of the type of aviation service proposed. (3) The number and type of aircraft expected to be based at the airport. (4) Whether an instrument approach procedure will be requested for the airport. (5) The maximum number of daily operations and the anticipated total annual operations. (6) Evidence that the airport is privately owned and that all owners of the real property have consented to establishment or improvement of a privately owned airport. (7) One (1) United States Geological Survey topographical map, scale one to twenty-four thousand (1:24,000), of the area proposed for the establishment or improvement of a privately owned airport. (8) One (1) plan view map, scale one to one thousand (1:1,000), with the position of the airport indicated thereon. The airport runway(s), helipad or seaplane operational area must be plotted thereon accurately. Such map must include the direction and length of runways and seaplane operational areas. Helipads must be precisely located, with all approach and departure paths clearly indicated. The map must be sufficiently large so as to include all approach and lateral transition zones to the airport. (9) A copy of the favorable airspace determination issued by the Federal Aviation Administration for the proposed airport establishment or improvement. C. Upon receipt of the completed application, the Common Council shall forward the same to the New York State Commissioner of Transportation and adopt a resolution Page 72 02-0625.txt requesting the Commissioner to determine whether the establishment or improvement complies with the standards of the Department of Transportation pursuant to 249 of the New York General Business Law. The application shall also be referred to the Commissioner of Police, Commissioner of Fire, Commissioner of Public Works and Director of Licenses for their review and determination whether the establishment or improvement of the privately owned airport complies with applicable codes, ordinances and public safety requirements. D. Upon receipt of the determination required by this section, the Common Council shall hold a public hearing on the proposal, upon due notice, at which all interested parties shall be afforded an opportunity to present evidence and testimony. E. The Common Council may grant permission to establish or improve such privately owned airport upon consideration of all information before it; provided, however, that no such permission shall be granted unless the privately owned airport is in accordance with the standards prescribed by the New York Commissioner of Transportation or unless such standards have been waived.. F. No privately owned airport shall hereafter be established or improved if the proposed location is within one thousand five hundred (1,500) feet of property used for residential purposes. However, this prohibition may be waived upon presentation to the Common Council of a validated petition requesting such waiver, signed by sixty-five percent (65%) or more of those personshaving their residence within one thousand five hundred (1,500) feet of the proposed location or improvement. This prohibition and petition process shall not 4pply to facilities that are New York State certified emergency trauma centers that propose to use such airport for medical purposes only. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel NOTE: Matter in brackets to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 170 BY: MR. DAVIS PERMISSION TO HANG BANNERS FROM LIGHT FIXTURES ON THE BUFFALO NIAGARA MEDICAL CAMPUS Whereas: The Buffalo Niagara Medical Campus is located at 901 Washington Street; and Whereas:In order to promote a sense of place for employees, patients, visitors and volunteers, the BNMC is requesting permission to hang banners from existing light fixtures throughout the campus; and Whereas: The Buffalo Niagara Medical Campus is familiar with the banner requirements and will purchase the necessary bond before the banners are hung; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to the Buffalo Niagara Medical Campus to hang banners from existing light fixtures on the campus; and Be It Further Resolved: That said banners meets all the requirements of pertinent Page 73 02-0625.txt City departments and that no existing laws be violated. PASSED AYES - 13 NOES - 0 NO. 171 BY: MR. FISHER SUPPORT ERIE COUNTY ADOPTION OF LOCAL LAW PROVIDING NEIGHBOR NOTIFICATION IN ADVANCE OF PESTICIDE USE Whereas:In August of 2000, the New York State Legislature passed a "Pesticide Neighbor Notification" law that authorizes counties to require that licensed pesticide applicators provide 48 hour advanced written notification to all neighbors with 150 feet of a pesticide application ; and Whereas:Over 170,789 gallons of pesticides were used by commercial applicators of pesticides in Erie County in 1998, and Erie was the 8 1h highest ranked county in the state for commercial liquid pesticide use; and Whereas: Over a third of the total pesticide products reported statewide in 1998 contain suspected carcinogens, and many contain potent neurotoxins and endocrine disrupters; and Whereas: Numerous studies link home and garden pesticide use to childhood cancers, including leukemia and brain cancer; and Whereas: Dogs whose owners use the lawn herbicide 2,4-D (the most commonly used home and garden pesticide) more than 4 times annually, have twice- the normal risk of developing lymphoma; and Whereas: The Neighbor Notification law, which has been opted into without significant problems or expense by 5 other counties in New York State, provides families with an opportunity to protect themselves from unnecessary exposure to hazardous pesticides by taking simple steps such as closing windows or keeping pets inside on pesticide application days; and Whereas: The Eric County Legislature is currently considering a local law to opt into the Pesticide Neighbor Notification Law; and Whereas: The Buffalo Common Council has a proud history of leading the way in the reduction of toxic pesticide use, having established a Pest Management Board in 1990, and adopting a Pesticide Sunset ordinance in 1999; Now, Therefore, Be It Resolved That: This Common Council, in recognition of the health hazards posed by pesticides, hereby urges the Erie County Legislature to opt into the Neighbor Notification Law as it is authorized to do under New York State law. ADOPTED NO. 172 BY: MR. FONTANA WAR ON TERRORISM Whereas: On September 11 2001, the entire world watched as the most horrific act of terrorism in history was performed on the United States of America; and Whereas: On this day, thousands of innocent people were killed, leaving families torn apart; an unreported number of individuals were injured fleeing the scenes of attack, and hundreds of police and fire personnel lost their lives attempting to save others; and Page 74 02-0625.txt Whereas: Although the property destruction took place in just three cities, New York City, Washington, D.C., and the Pennsylvania Township of Stony Creek, the devastation has been felt world wide; and Whereas: Immediately after assessing the situation on September 11, 2001., the United States declared the destruction caused by airplanes a massive terrorist attack, and allies of the United States vowed their assistance; and Whereas: Less than one month later, the United States, with assistance from other countries was able to gather troops, strategically place them, and begin implementing a battle plan against the organization found responsible for the attacks on America; and Whereas: Thousands of men and women from many countries are risking their lives to protect citizens in the United States and around the world from future terrorist acts; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo does hereby support the efforts by the United States of America to eradicate terrorism in our Country and throughout the world; and Now, Be It Further Resolved: That the Common Council sends it most sincere thanks to the men and women of the Armed Forces for serving our Country; and Now, Be It Finally Resolved: That this Honorable Body does hereby direct the Buffalo City Clerk to send certified copies of this resolution to the President of the United States of America, the Speaker of the House of Representatives, the Senate Majority Leader, all United States Military Branches, and the Niagara Falls Air Base. ADOPTED NO. 173 BY: MR. FONTANA AND MR. FISHER AS FOLLOWS: ORDINANCE AMENDMENT CHAPTER 137- CODE ENFORCEMENT The Common Council of the City of Buffalo does hereby ordain as follows: That Section 137-7 of Chapter 137 of the Code of the City of Buffalo be amended to read FINE CLASS H InitialAdditional Maximum Total FinePenalty Penalty $350.00 $350.00$350.00$1,050.00 Operating a food store without a license, ~ 194-4 It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel PASSED AYES - 13 NOES - 0 Note: Matter underlined is new. NO. 174 BY: MR. FONTANA AND MR. FISHER ORDINANCE AMENDMENT CHAPTER 175 - FEES Page 75 02-0625.txt The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 of the Code of the City of Buffalo be amended to read as follows: Chanter 194, Food Store 194-4, food store license New License $115.00 License Renewal $100.00 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 Corporation Counsel NOTE: Matter underlined is new. PASSED AYES - 13 NOES - 0 NO. 175 BY: MR. FONTANA AND MR. FISHER ORDINANCE AMENDMENT CHAPTER 194 - FOOD STORE The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 194 of the Code of the City of Buffalo be amended to read as follows: Chapter 194 Food Store Section 194-1. Definitions. DEPARTMENT The Department of Permit and Inspection Services, the Commissioner of Permit and Inspection Services and his or her designee acting under the Commissioner's authority. PRIMARY USE - - Shall constitute a minimum of eighty-five percent (85%) of the principal and main use of the business establishment. The "primary use" shall be determined and established by the Department of Pen-nit and Inspection Services. ACCESSORY USE - - Shall constitute a maximum of fifteen percent (15%) of the use of said business establishment. In no case shall such "accessory use" dominate, in area, extent or purpose, or in any way exceed fifteen percent (15%) of the primary and main use established by the Department of Permit and Inspection Services for such business establishment. COMMERCIAL KITCHEN - - Cooking facilities used for the preparation of food such as, but not limited to, commercial ranges, ovens, broilers, grills, griddles, char boilers, P12.za ovens, deep fat frying equipment or any other similar equipment as so determined by the Department of Permit and Inspection Services. FOOD STORE - - Any premises with a total floor space with twenty-thousand (20,000) square feet or less, of which the "primary use" (85% or more) is devoted to the sale and or display of but not limited to, cigarettes, dry goods, bottled or canned beverages and prepackaged foods not prepared on the premises. Section 194-2. License Required. No person, firm, corporation or other entity shall operate, maintain or engage in the business of operating a food store in the City of Buffalo without first having been issued a license by the Department of Pen-nit and Inspection Services pursuant to a verified written application upon a form provided by the Department. Section 194-3. Referral and approval of license Page 76 02-0625.txt application. A. All new applications shall be referred to the Department of Permit and Inspection Services Permit Office to determine compliance with all applicable city-zoning laws and ordinances, including determination of permitted and established use of the property location. B. All new applications and the renewals therefore shall be referred to the Department of Permit and Inspection Services Inspections Division to determine that the building meets all city and state building codes and to determine whether the business meets and is conforming with any and all established primary and accessory uses. C. All new applications shall be referred to the Department of Fire to determine that the property location meets all applicable New York State Fire Codes. D. All new applications and the renewals therefore shall be refer-red to the Department of Police for their investigation regarding the moral character of the applicant and an incident history of the property location, with a recommendation for approval or disapproval of the application. All recommendations for disapproval must state the reason for such. disapproval in writing. E. The City of Buffalo reserves the right to make unannounced periodic on-site inspections during business hours by any of the aforementioned enforcement agencies to ensure compliance with all applicable laws and ordinances. Section 194-4. Operation of business. A. The owner/operator of any licensed food store shall comply with all provisions of federal, state and local laws and ordinances relating to the conduct of the business, use and maintenance of the premises. B. The owner/operator of any licensed food store shall comply with all notices, orders, decisions and rules and regulations made by the Department of Pen-nit and Inspection Services. C. A licensed food store shall not have a commercial kitchen and there shall not be any on site food consumption or public assembly at on-site public seating areas on the premises. D. Any person, firm, corporation or other entity violating the provisions of this Chapter may be liable for penalties as prescribed in Chapter 137, Article 1, of this Code. Section 194-5 . Transferability and expiration of license. A. All licenses are nontransferable. All licenses issued are valid for only the owner/operator and business location indicated on the license. Any change in business ownership or business location requires a new application. B. Said license shall expire annually on April I after the issuance thereof, unless revoked by the Department of Pen-nit and Inspection Services for cause. C. The annual fee for a food store license shall be as provided in Chapter 175, Fees. Section 194-6. Complaints. Written complaints may be received by the Department. Upon investigation, the Department may require a meeting with the owner/operator to determine whether a food store license should be suspended or revoked, or whether a license should be renewed. If outstanding complaints are not resolved, a hearing will be held before the revocation or suspension of the license or renewal is granted. Section 194-7. Revocation, suspension or non renewal of license. The license of any person, firm, corporation or other entity granted under this Chapter may be revoked or suspended by Page 77 02-0625.txt the Department of Permit and Inspection Services upon determination by the Department, after notice and hearing. A license may not be renewed if, after notice and hearing, it has been determined that a food store owner/operator has not operated such food store in compliance with this Chapter or other applicable laws and codes. Such non renewal shall be issued in writing and may be appealed pursuant to Article 78 of the Civil Procedure Law and Rules. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel PASSED AYES - 13 NOES - 0 NO. 176 BY: MR. FRANCZYK FUNDING CUTS IN POOREST HOUSING AREAS WHEREAS: The Office of Strategic Planning changed the formula of Admin. Housing funds from the Poverty index to a Low-Mod formula; and, WHEREAS: This shift in formula resulted in a cut of $12,000 in Admin funds from the poorest communities served by the Broadway-Fillmore Neighborhood Housing Services; and, WHEREAS: This cut harms the city's poorest citizens; THEREFORE BE IT RESOLVED: That this Common Council directs the office of Strategic Planning to restore the $12,000 in Administrative monies REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 177 BY: MR. GOLOMBEK AND MR. BONMIFACIO INCREASE FEES FOR LAWN MOWING Whereas: Every summer the government of the City of Buffalo is faced with the monumental chore of maintaining the lawn areas of City of Buffalo owned properties. This task is compounded by irresponsible property owners that fail to maintain the lawn areas of their homes, businesses and vacant lots, and Whereas: City of Buffalo Charter 341-1. Duty of owner or occupant; penalties for offenses. [Amended 6-12-2001, effective 6-22-20011. States; It shall be the duty of every owner, occupant or person having charge of lands within the city to cut down or cause to be cut down all overgrown weeds, grass, brush and other vegetation and to remove or cause to be removed all garbage and tree limbs or other debris on said land each and every year between May I and June I and so often thereafter as necessary to maintain such land in a sanitary and orderly condition. Failure to comply with this section shall constitute a violation of this section and shall be punishable by a. Class E fine in the amount of $105. This shall be *in addition to any other penalty provided 'in the Code of the City of Buffalo or in any other law, and Whereas: City of Buffalo Charter 341-3. Performance of work by city. States; In the event that the owner of such land receives notification to correct the violation and does not comply therewith, tile Commissioner of Street Sanitation shall engage the services of a private contractor to perform Page 78 02-0625.txt the necessary work. The Commissioner of Street Sanitation shall charge and bill the owner for the cost of such services. In his discretion, the Commissioner may assign city personnel to do the work, in which case a charge as provided 'in Chapter 175, Fees, shall be made, and Whereas: The Charter items previously cited provide a charge (Class E fine plus Fees allowed under Chapter 175) between $157.50 to $315.00 to irresponsible property owners when the City of Buffalo is forced to maintain their property. Under this legislation the fines and charges levied are not sufficient to cover the actual cost of the work performed. The remainder of the cost is covered by the responsible taxpayers of the City of Buffalo, and Whereas:Currently in the city there are too many property owners that blatantly rely on the City of Buffalo to maintain their properties. These property owners have come to the conclusion that paying fines and fees to the city once or twice a year is easier and cheaper than personally fulfilling their legal responsibility under City of Buffalo Charter 341-1. A well publicized minimum charge for the first 'instance of $500.00 that doubled. and tripled for each successive *instance the City of Buffalo was forced to be a "landscaper" or "groundskeeper" for irresponsible property owners would encourage said owners to find a better method of maintaining their property. Now Therefore Be It Resolved: In the regards to the citizens whose best interests we have sworn to protect, this Honorable Body recognizes that the City of Buffalo must close this "cost loophole" that benefits unscrupulous property owners at expense of responsible taxpayers. To this end this Common Council proposes that legislation be adjusted within the City of Buffalo Charter to provide a formula of fines and charges equal a minimum of $500.00 for the first instance that the City of Buffalo performs property maintenance on private property. The legislation should state that the charges are to double and triple for each successive visit respectively. REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE COMMISSIONER OF PUBLIC WORKS NO. 178 BY:MR. GOLOMBEK, REDUCING THE SIZE OF THE BUFFALO COMMON COUNCIL TO NINE MEMBERS Whereas: In 1927, the City Charter established a Common Council comprised of 15 members: five At-Large Members, one Council President, and nine District Members; and Whereas: During the 1920's and through the Second World War the population of the City of Buffalo exceeded 500,000 people; and Whereas:Unfortunately since the 1950's, Buffalo's population has seen a constant decline and is now at its lowest point; and Whereas:In 1982 the size of the Buffalo Common Council was reduced to its current make-up: 13 Councilmembers; three At-Large Members, one Council President, and nine District Members; and Whereas:The population of the City of Buffalo was approximately 3:57,000 in 1980 and is currently at its all time lowest level with only about 292,000 residents; and Whereas:During the recent public hearings held by the Citizen's Commission on Reapportionment an extremely Page 79 02-0625.txt overwhelming majority of attendees called for the size of the Common Council to be reduced to a maximum number of nine members. Be It Resolved: That the Common Council of the City of Buffalo does hereby endorse a plan to reduce the size of the Common Council of the City of Buffalo from 13 members to 9 members, and Be It Finally Resolved: That the Common Council's Reapportionment Committee immediately begin to develop a map and reapportionment scheme consistent with a nine member Common Council. REFERRED TO THE SPECIAL COMMITTEE ON REAPPORTIONMENT NO. 179 BY: MS. GRANT REFUNDING BOND RESOLUTION $90,000,000 BONDS REFUNDING OF 1994, 95, 97, 98, 99 AND 2001 SCHOOL BONDS Refunding Bond Resolution of the City of Buffalo, New York, authorizing the refunding of all or a portion of various outstanding school bonds of said City, stating the plan of refunding, appropriating an amount not to exceed $90,000,000 therefor, authorizing the issuance of $90,000,000 Refunding Bonds of said City, or so much thereof as may be necessary, to finance said appropriation, and making certain determination all relative thereto. Recitals WHEREAS, the City of Buffalo, New York (herein called "City"), has heretofore issued: on February 23, 1994 its $5,250,000 School Serial Bonds-1994-B (herein called the "1994-B Bonds"), now outstanding in the principal amount of $3,515,000; on December 14, 1995 its $1,020,000 School Serial Bonds- 1995-B (herein called the " 1995-B Bonds"), now outstanding in the principal amount of $620,000; on February 19, 1997 its $18,800,000 School Serial Bonds-1997-B (herein called the "1997-13 Bonds"), now outstanding in the principal amount of $15,470,000; on February 12, 1998 its $5,675,000 General School Serial Bonds-1998-B (herein called the "1998-B Bonds"), now outstanding in the principal amount of $4,905,000; on February 25, 1999 its $28,225,000 School Serial Bonds-1999-13 (herein called the "1999-B Bonds"), now outstanding in the principal amount of $24,760,000; on December 14, 1999 its $16,350,000 School Serial Bonds-1999-E (herein called the "1999-E Bonds"), now outstanding in the principal amount of $15,335,000 and on February 22, 2001 its $11,100,000 School Serial Bonds-2001-13 (herein called the "2001-B Bonds"), now outstanding in the principal amount of $10,335,000; and such bonds bearing interest at the rates and on the dates, and being subject to prior redemption as set forth in each such respective bond; and WHEREAS, pursuant to Chapter 383 of the Laws of 2001, certain provisions of Section 3602 of the Education Law, constituting Chapter 16 of the Consolidated Laws of the State of New York, have been amended to revise the manner in which State building aid is to bc paid to the Buffalo School District (herein called "District") in the fiscal years commencing July 1, 2002 and thereafter with respect to all or a portion of such outstanding bonds, including the imposition of an as mined amortization schedule to such Page 80 02-0625.txt outstanding bonds; and WHEREAS, as a result of the amendments referred to in the preceding paragraph, the District anticipates that the apportionment of State building aid that it will receive in relation to such outstanding bonds in the 2002-2003 and 2003-2004 fiscal years of the District will be reduced; and WHEREAS, in order to mitigate the negative financial impact of such State building aid reductions, and after consultation with the City and District's Financial Advisor, Government Finance Associates, Inc. (the "Financial Advisor"), it has been determined that it is in the interest of the City and District to consider issuing refunding serial bonds (the "Refunding Bonds" as hereinafter defined) to pay all or part of the unmatured and unpaid principal of and interest on such outstanding bonds, as authorized pursuant to Section 90. 10 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), and to restructure certain portions of the City's existing school debt with level payment amounts to be consistent with the new State Education Department guidelines; which uses assumed amortization on a level debt service basis over the remaining blended maximum useful lives of the projects financed; and; now, therefore, The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. In this resolution, the following definitions apply, unless a different meaning clearly appears from the context: a."Bond To Be Refunded" or "Bonds To Be Refunded" means all or a portion of the outstanding 1994-B Bonds, 1995-B Bonds, 1997-B Bonds, 1998-13 Bonds, 1999-B Bonds, 1999-E Bonds, and 2001-B Bonds of the City of Buffalo, New York, as shall be determined in accordance with Section 3 hereof. b."Escrow Contract" means the contract to be entered into by and between the City and the Escrow Holder pursuant to Section 10 hereof. C."Escrow Holder" means the bank or trust company designated as such pursuant to Section 10 hereof. d."Redemption Date" means February 1, 2004 for the 1994-B Bonds To Be refunded, December 1, 2005 for the 1995-B Bonds To Be Refunded, February 1, 2007 for the 1997-B Bonds To Be Refunded, February 1, 2008 for the 1998-B Bonds To Be Refunded, February 1, 2009 for the 1999-B Bonds To Be Refunded, December 1, 2009 for the 1999-E Bonds To Be Refunded and February 1, 2011 for the 2001-B Bonds To Be Refunded. e."Refunding Bond" or "Refunding Bonds" means a portion or all of the $90,000,000 bonds of the City of Buffalo, authorized pursuant to Section 2 hereof. f."Refunding Bond Amount Limitation" means an amount of Refunding Bonds sufficient to pay the sum of the principal amount of Bonds To Be Refunded plus the aggregate amount of unmatured interest payable on each Bonds To Be Refunded to and including the applicable Redemption Date, plus redemption premiums payable on such Bonds To Be Refunded as of such applicable Redemption Date, as hereinabove referred to in the Recitals hereof', plus costs and expenses incidental to the issuance of the Refunding Bonds including the development of the refunding financial plan, and of executing and performing the terms and Page 81 02-0625.txt conditions of the Escrow Contract and all fees and charges of the Escrow Holder as referred to in Section 10 hereof. Section 2. The Common Council of the City (herein called "Common Council"), hereby authorizes the refunding of all or a portion of the $74,940,000 Bonds To Be Refunded of the City, more particularly described and referred to in the Recitals hereof, and appropriates an amount not to exceed $90,000,000 therefor to accomplish such refunding. The plan of financing said appropriation includes the issuance of not to exceed $90,000,000 Refunding Bonds and the levy and collection of a tax upon all the taxable real property within the City to pay the principal of and interest on said Refunding Bonds as the same shall become due and payable. Bonds of the City in the maximum principal amount of $90,000,000 are hereby authorized to be issued pursuant to the provisions of the Law. The proposed financial plan for the refunding in the form attached hereto as Exhibit A (the "refunding financial plan") prepared for the City and District by the office of the City Comptroller and hereby accepted and approved, includes the deposit of all the proceeds of said Refunding Bonds with an Escrow Holder pursuant to an Escrow Contract as authorized in Section 9 hereof, the payment of all costs incurred by the City in connection with said refunding from such proceeds, and the investment of a portion of such proceeds by the Escrow Holder in certain obligations, the principal of and interest, together with the balance of such proceeds to be held uninvested, shall be sufficient to pay (1) the principal of with interest on the Bonds To Be Refunded becoming due and payable on and prior to each applicable Redemption Date and (2) the principal of and premium on the Bonds To Be Refunded to be called for redemption prior to maturity on each applicable Redemption Date. Section 3. The $74,940,000 Bonds To Be Refunded referred to in Section 1~ hereof are the aggregate uninatured outstanding balances of seven issues of bonds, each originally issued pursuant to various bond resolutions of the City, adopted on their respective dates authorizing various capital improvements for the District. In accordance with the refunding financial plan, the Refunding Bonds authorized in the aggregate principal amount not to exceed $90,000,000 have been allocated to the component issues of the Bonds To Be Refunded, and shall mature in amounts and at dates to be determined. The Comptroller, the chief fiscal officer of the City, is hereby authorized to approve all details of the refunding financial plan not contained herein. Section 4. 'Me issuance of the Refunding Bonds will not exceed the Refunding Bond Amount Limitation. The maximum period of probable usefulness (TPU") of each issue comprising the Bonds to be Refunded, commencing at the date of issuance of the first bond anticipation notes issued in anticipation of the sale of said bonds, is set forth in the following table: 1994-B School Serial Bonds ProjectPPU Window Replacement at Hutch Tech20 Improvements to Kensington High20 Sewer Lines at Hutch Tech40 Reconstruct Riverside H.S. Library20 Early Childhood Center School20 1995-B School Serial Bonds PROJECTPPU Improvements to Various Schools20 Page 82 02-0625.txt Replacement of Boilers at School 1910 1997-B School Serial Bonds ProjectPPU New Boilers, South Park H.S. 20610 Reconstruction Various School Buildings 20 Reconstruction Various Schools Buildings 20 Telecommunications Phase I improvements Various Schools 5 Mechanical & Electrical10 1998-B School Serial Bonds ProjectPPU Reconstruction Emerson Culinary Institute 20 Construction Northwest Academy30 1999-B School Serial Bonds ProjectPPU Planning and Design for New School5 Construction Northwest Academy Phase II 30 Reconstruction Various School Buildings 20 1999-E School Serial Bonds PROJECTPPU Capital Program Phase III20 Reconstruction Various School Buildings20 N.W. Academy - Phase III30 Reconstruction of Kensington H.S.20 2001-B School Serial Bonds ProjectPPU Heating and Ventilating Improvements20 Electric and Acoustic Improvements20 Handicapped Access Improvements20 Planning New Schools5 P.S. 89 Addition20 New Windows, Phase II20 New Roof20 Reconstruction BVTC20 New Roofs P.S. 19 and 3920 Section 5. The City is hereby authorized to enter into one or more financing or related agreements with the Dormitory Authority of the State of New York ("DASNY") to provide for the refinancing of all or a portion of the Bonds to be Refunded as provided in Chapter 383 of the Laws of 2001. The City, acting on behalf of the District, is hereby further authorized to assign and pledge to DASNY a sufficient portion of any and all public funds to be apportioned or otherwise to be made payable by the State of New York to the District to cover the payments required under the agreements herein referred to. Section 6. The Comptroller, the chief fiscal officer of the City, is hereby authorized, as required, to execute one or more financing or related agreements with DASNY for the refinancing of all or a portion of the Bonds to be Refunded, including the assignment and pledge referred to in Section 5 hereof, provided the terms and conditions of such or agreement shall, to the extent required by law, be approved by the State Comptroller, and further provided that prior to the sale and delivery of any Refunding Bonds, the Comptroller shall have filed with the Common Council any necessary certificates as required pursuant to Section 90. 10 of the Local Finance Law or any other section of the Education Law, the Local Finance Law, or any other law. The Comptroller is hereby further authorized and directed to take any and all actions necessary to accomplish said refinancing, including the purchase of and payment for Page 83 02-0625.txt services rendered or to be rendered the City or the District in connection therewith, including the preparation of the refunding financial plan referred to in Section 2. In connection with the sale of such bonds to DASNY, the City hereby authorizes the, inclusion of descriptive, demographic, financial, and other relevant information concerning the City and the District in an Official Statement prepared by DASNY in connection with the sale of such DASNY bonds. Section 7. Each of the Refunding Bonds authorized by this resolution shall contain the recital of validity prescribed by Section 52.00 of the Law and said Refunding Bonds shall be general obligations of the City payable as to both principal and interest by a general tax upon all the taxable real property within the City without limitation as to rate or amount. The faith and credit of de City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said Refunding Bonds and provision shall be made annually in the budget of the City for (a) the amortization and redemption of the Refunding Bonds to mature in such year and (b) the payment of interest to be due and payable in such year. Section 8. Subject to the provisions of this resolution and of the Law, and pursuant to the provisions of Section 21.00 of the Law with respect to the issuance of bonds having substantially level or declining annual debt service, and Sections 50.00, 56.00 to 60.00, 90.00 and 90.10 of the Law, the powers and duties of the Common Council relative to prescribing the terms, form and contents and as to die sale and issuance of the Refunding Bonds, and to executing any arbitrage certification relative thereto, as well as to executing the Escrow Contract described in Section 10, are hereby delegated to the Comptroller, the chief fiscal officer of the City. Section 9. Prior to the issuance of the Refunding Bonds, the City shall contract with a bank or trust company located and authorized to do business in this state, for the purpose of having such bank or trust company act as the Escrow Holder of the proceeds, inclusive of any premium from the sale of die Refunding Bonds, together with all income derived from the investment of such proceeds. The Escrow Contract shall contain such terms and conditions as shall be necessary in order to accomplish the refunding financial plan, including provisions for the Escrow Holder without further authorization or direction from the City, except as otherwise provided therein, (a) to make all required payments of principal, interest and redemption premiums to the appropriate paying agent with respect to the Bonds To Be Refunded, (b) to pay costs and expenses incidental to the issuance of the Refunding Bonds, including the development of the refunding financial plan, and of executing and performing the terms and conditions of the Escrow Contract and all of its fees and charges as the Escrow Holder, (c) at the appropriate time or times to cause to be given on behalf of the City the notices of redemption. authorized to be given pursuant to Section 12 hereof, and (d) to invest the moneys held by it consistent with the provisions of the refunding financial plan. The Escrow Contract shall be irrevocable and shall constitute covenant with the holders of the Refunding Bonds. Section 10. The proceeds, inclusive of any premium, from the sale of the Refunding Bonds, immediately upon receipt, shall be placed in escrow by the City with the Escrow Holder in accordance with the Escrow Contract. All moneys held by Page 84 02-0625.txt the Escrow Holder shall be invested only in direct obligations of the United States of America or in obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which obligations shall mature or be subject to redemption at the option of the holder thereof not later than the respective dates when such moneys will be required to make payments in accordance with the refunding financial plan. Any such moneys remaining in the custody of the Escrow Holder after the full execution of the Escrow Contract shall. be returned to the City and shall be applied by the City only to the payment of the principal of or interest on the Refunding Bonds then outstanding. Section 11. That portion of such proceeds from the sale of the Refunding Bonds, together with interest earned thereon, which shall be required for the payment of the principal of and interest on the Bonds To Be Refunded, including any redemption premiums, in accordance with the refunding financial plan, shall be irrevocably committed and pledged to such purpose and the holders of the Bonds To Be Refunded shall have a lien upon such moneys and the investments thereof held by the Escrow Holder. The pledge and lien provided for herein shall become valid and binding upon the issueance of the Refunding Bonds and the moneys and investments held by the Escrow Holder shall immediately be subject thereto without any further act, Such pledge and lien shall be valid on binding against all parties having claims of any kind in tort, contract or otherwise against the City irrespective of whether such parties have notice thereof. Neither this resolution, the Escrow Contract, nor any other instrument relating to such pledge and lien, need be filed or recorded. Section 12. In accordance with the provisions of Section 53.00 and of paragraph h of Section 90. 10 of the Law, the Common Council hereby elects to call in and redeem all the Bonds To Be Refunded which are subject to prior redemption according to their terms on each applicable Redemption Date. The sum to be paid therefor on each applicable Redemption Date shall be the par value there of, the accrued interest to each applicable Redemption Date and the redemption premiums. The Escrow Holder is hereby authorized and directed to cause notices of such calls for redemption to be given in file name of the City, by publishing the notices of call for redemption at least three times in a financial newspaper published and circulated in the City of New York and in the official newspaper or newspapers of the City, or, if there be no official newspaper, then in any newspaper having general circulation therein, the first publication to be at least thirty and not more than sixty days prior to each applicable Redemption Date, or, in the case of the registered bonds, by mailing such notice to the registered holder at least thirty and not more than sixty days prior to such applicable Redemption Date. Upon the issuance of the Refunding Bonds, the election to call in and redeem the Bonds To Be Refunded subject to prior redemption and the direction to the Escrow Holder to cause notices thereof to be given as provided in this Section shall become irrevocable and the provisions of this Section shall constitute a covenant with the holders, from time to time, of the Refunding Bonds, provided that this Section may be amended from time to time as may be necessary to comply with the publication requirements of paragraph a of Section 53.00 of the Law, as the same may be amended from time to Page 85 02-0625.txt time. Section 13. The validity of the Refunding Bonds authorized by this resolution may be contested only if: (a)such obligations are authorized for an object or purpose for which tie City is not authorized to expend money, or (b)the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c)such obligations are authorized in violation of the provisions of the Constitution. Section 14. This resolution shall take effect immediately subject to approval by the Mayor in accordance with Section 38 of the Charter of the City of Buffalo. Introduced: 06/25/02 PASSED AYES - 13 NOES - 0 Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. PASSED AYES - 13 NOES - 0 NO. 180 BY: MRS. LOTEMPIO, MS. GRAY AND MR. FRANCZYK ORDINANCE AMENDMENT CHAPTER 96 - BONDS AND CONTRACTS The Common Council of the City of Buffalo does hereby ordain as follows: That Section 96-19 of Chapter 96 of the Code of the City of Buffalo be amended to read as follows: 96-19. Service contracts for food service employees; janitorial employees, security guards, parking attendants, landscaping employees, clerical employees and waste management employees; living wage. A. Legislative determination of intent. (1) The city awards many contracts to private firms to provide services to the public and to city government. Experience indicates that procurement by contract of services has all toooften resulted in the payment by service contractors to their employees of wages at or slightly above the minimum required by federal and state minimum wage laws. Such minimal compensation tends to inhibit the quantity and quality of services rendered by such employees to the city and to the public. Underpaying employees in this way fosters high turnover, absenteeism and lackluster performance. Conversely, adequate compensation promotes amelioration of these undesirable conditions. Through this section, the city intends to require service contractors to provide a minimum level of compensation that will improve the level of services rendered to and for the city. (2) The inadequate compensation typically paid today also fails to provide service employees with resources sufficient to afford life in the City of Buffalo. It is unacceptable that contracting decisions involving the expenditure of city funds could foster conditions placinga burden on limited social Page 86 02-0625.txt services. (3) The City of Buffalo has a limited amount of taxpayer resources to expend; and even in promising economic times, far too many working Buffalo residents and their families live below or near the poverty line. (4) Due to strict new time limits on public assistance, access to family-supporting jobs in Buffalo is especially crucial, and as a result of new work requirements imposed by welfare reform, the influx of former welfare recipients into low-wage labor market is projected to lower these workers wages. (5) The use of taxpayer dollars to promote sustenance and create family-supporting jobs will increase consumer income while decreasing levels of poverty. In the City of Buffalo, new homeowners contribute additional property tax revenue while spending more money in our city economy at neighborhood businesses. Additionally, desperate neighborhoods overly dependent on low-wage jobs are blessed with a decrease in crime, given the compelling relationship between crime statistics and low-wage work. And, for Buffalo students facing tougher educational standards, ending the poverty cycle is imperative; presently many of Buffalo's school children are so poor that they qualify for free school lunches and/or breakfasts. No child can learn while hungry, and hunger is the first result of debilitating poverty. (6) In addition, on a region-wide basis, living-wage legislation may benefit the larger community by reducing reliance on taxpayer-funded public assistance such as food stamps, Medicaid, emergency medical services and other social programs provided by the Erie County government. (7) Community organizations, religious leaders, union members and other Buffalo residents have organized together and proposed a policy reflected in this section. B. Title and purpose: Buffalo Living Wage Ordinance. (1)This section shall be known as the "Buffalo Living Wage Ordinance." (2)The purpose of this section is to assure that employees of substantial city contractors and subcontractors provided by the City earn an hourly wage that is sufficient for a family of three to live at or above the federal poverty level. C. Definitions. The following definitions shall apply throughout this section: CITY The City of Buffalo. CONTRACT -- Any written agreement whereby the City is obligated to expend or does expend funds in connection with any contract or subcontract, including but not limited to hotel employees; restaurant, food service or banquet employees; janitorial employees; security guards; parking attendants; nonprofessional health-care employees; gardeners; clerical employees; waste management employees. CONTRACTING AGENCY -- A City board, commission, bureau, division, department or other office, position, administration, institution or agency of city government, the expenses of which are paid in whole or in part from the city general fund. CONTRACTOR -- Any person that enters into a service contract with the city. COVERED EMPLOYEE and/or EMPLOYEE -- A person employed, either part-time or full-time, by a covered employer in, on or for the project or matter subject to the contract; provided, however, that persons who are employed in construction work covered pursuant to federal or state prevailing wage laws shall be exempt from this section. This definition shall include any person who is employed Page 87 02-0625.txt (including fulfilling a work requirement under the Family Assistance or Safety Net Program ) as a service employee of a contractor or subcontractor on or under the authority of one or more service contracts and who expends any of his or her time thereon, including but not limited to food-service employees, janitorial employees, security guards, parking attendants, landscaping employees, clerical employees and waste management employees. COVERED EMPLOYER -- The City of Buffalo or any person who is a contractor or subcontractor directly involved in providing a covered service to the City of Buffalo, NOT-FOR-PROFIT ORGANIZATION -- A corporation having tax exempt status under Section 501 (c)(3) of the United States Internal Revenue Code and recognized under New York State Not-For-Profit Corporation Law. PERSON -- One or more of the following or their agents, employees, representatives and legal representatives: individuals, corporations, partnership, joint ventures, associations, labor organizations, educational institutions, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees in bankruptcy, receivers, fiduciaries and all other entities recognized at law by this city. SERVICE CONTRACT and/or COVERED SERVICE -- A contract let to a contractor by the city primarily for furnishing services to or for the city (as opposed to the purchase of goods or other property or the leasing of property) and that involves an expenditure in excess of $50,000 to an employer of at least 10 employees. SUBCONTRACTOR -- Any person, other than an employee, that enters into a contract with a contractor to assist the primary contractor in performing a service contract. D.Living wage. (1)Applicability. Covered employers shall pay no less than a living wage to their covered employees; provided that, in the case of employees performing nonconstruction work that is covered by state or local living wage laws, covered employers shall pay the greater of a family-supporting wage or said living wage for nonconstruction work. (2)Amount of wage. The living wage shall be calculated on an hourly basis and shall be phased in over a period of three years. With health benefits, the living wage rate shall be $6.22 (year 2000); $7.15 (year 2001); $8.08 (year 2002). Without health benefits, the living wage rate shall be $7.22 (year 2000); $8.15 (year 2001); S9.08 (year 2002). (3)Re-evaluation period. This section shall be revisited at the end of year 2002 to reevaluate the living wage legislation. The amount of the living wage may be adjusted at that time to reflect existing economic conditions. (4)No reduction in collective bargaining wage rates. Nothing in this section shall be read torequire or authorize any covered employer to reduce wages set by a collective bargaining agreement or required under any prevailing wage. (5)Notifying employees of their potential right to federal earned income credit. Employers shall inform employees making less than $12 per hour of their possible right to the Federal Earned Income Credit (EIC) under Section 32 of the Internal Revenue Code of 1954, 26 U.S.C. 32, and shall make available to employees forms informing them about the EIC and forms required to secure advance EIC payments from the employer. Page 88 02-0625.txt [E. Employer responsibility, compliance and sanctions.] [(I) Notice of application for contract, Any and all contracts or agreements to provide a contract shall be void, and no contract shall be awarded, unless at least 21 days before the contract is awarded or an agreement to provide a contract is signed, the covered employer files with the Office of Contract Compliance a publicly available application for contract which shall include the following:] [(a)The name, address and phone number of both the prospective covered employer and, if different, the specific project for which the contract is sought. (b)A description of the project or service for which the contract is sought. (c)A statement of projected number of employees, by classification, under the prospective contract. (d)A statement of the projected wage levels of all covered employees in each of the years for which contract is sought. (e)A written commitment to pay all covered employees a living wage as defined by this section.] [(2)Quarterly reports from covered employers. Covered employers shall provide publicly available quarterly reports, to the Office of Contract Compliance, of their employment activities, including the name, address, classification, period of employment and wage rate of covered employees hired and laid off.] [(3)Compliance, enforcement and sanctions. (a)Covered employer cooperation. The covered employer shall permit representatives from applicable departments to observe work being performed at, in or on the project or matter for which the covered employer has received a contract, to interview Employees, and to examine the books and records of the covered employer relating to employment and payroll to determine if the covered employer is in compliance with the provisions of this section. (b)Posting. Every employer shall post and keep in conspicuous places on its premises, where notices to employees and applicants for employment are customarily posted, two copies of this section or other materials designed by regulation, informing employees of their rights under this section. (c)Grievance procedure. An employee who believes that his or her employer is not complying with requirements of this section has the right to file a complaint with the Office of contract Compliance. Complaints by covered employees of alleged violations may be made at any time and shall be investigated promptly by the Office of Contract Compliance. Written and oral statements made by an employee shall be treated as confidential and shall not be disclosed to be covered employer without the consent of the employee. (d)Duties of Office of Contract Compliance. [1]It shall be the responsibility of the Office of Contract Compliance to examine payrolls as necessary to determine compliance and cause investigations to be made, as necessary, to monitor compliance with the provisions of the section. [2]The Office of Contract Compliance shall promptly cause investigations to be made into complaints alleging noncompliance by covered employers. The Office of Contract Compliance may, in conjunction with the Common Council, in accordance with Page 89 02-0625.txt the powers hereingranted, require the production by the employer of such evidence as required to determine compliance. (e)Covered employer may dispute finding of noncompliance. A covered employer may dispute a finding of noncompliance by requesting a hearing with the Office of Contract Compliance, the department head of the appropriate city department, representative of the Common Council and Office of the Comptroller to present evidence. A covered employer that chooses not to call for such a hearing effectively waives the right to dispute the initial finding of noncompliance. (f)Sanctions. [1]A covered employer found to be in violation of this section shall be sanctioned by one or more of the following: [a]Withholding payment of any amount due. [b]Wage restitution for each affected employee. [c]Suspension or termination of ongoing contracts. [d]Ineligibility for further city contracts for up to three years or until all penalties and restitution have been paid in full. [2All such sanctions recommended and imposed will be a matter of public record. (g)Retaliation and discrimination barred. A covered employer shall not discharge, reduce the compensation of or otherwise discriminate against any employee for making a complaint, otherwise asserting his or her rights under this section, or participating in any of its proceedings. The city shall investigate allegations of retaliation or discrimination and shall, if found to be true, after notice and hearing, order appropriate relief, including restitution and reinstatement of a discharged employee with back pay to the date of the violation. (h) Nothing contained herein shall operate to impair any existing contracts, except that renewal, amendment or modification of such contracts occurring on or after the enactment of this provision shall be subject to the conditions specified in this section.] E.Enforcement. (1) Private Right of Action. An employee claiming violation of this section shall have the right to file an action against an employer in the appropriate court, within one Year after discover of the alleged violation. The court must award any employee who files suit pursuant to this provision, as to the relevant period of time, the following: (a)For failure to pay the living wage required by this section, the difference between the living wage required herein and the amount actually paid to the employee. (b)For retaliation for exercise of any rights provided for under this section, reinstatement, back pay, and/or any other relief that a court may deem appropriate. (c)The court may award reasonable attorney's fees and costs to an employee who prevails in any such private action. (2)Each Service Contract to which these regulations apply, shall provide that violation of this section shall enable any aggjeved employee to file an action against the Contractor for damage. In addition, such Service Contract shall also indicate that the City has thediscretion to terminate the Service Contract and pursue any other legal Page 90 02-0625.txt remedies available to the City if the Contractor fails to comply with this section. Notwithstanding, the failure of a Service Contract to provide the foregoing information shall not alleviate the responsibility of a Contractor to comply with the requirements of this section. (3)Retaliation Prohibited. A Covered Employer shall not discharge, reduce the compensation of or otherwise discriminate against pay employee for making a complaint, otherwise asserting his or her rights under this section, or participating in an of its -proceedings. (4)City Enforcement. The City may, in its sole.discretion investigate and address any alleged violation of this section's requirements. However, the City's failure to investigate an alleged violation or otherwise enforce any of the provisions of this section shall not create any right of action or right to recover damages from the City by any person. including but not limited to an aggrieved employee, (5)Additional Penalty. In addition to the payment of damages, any Covered Employer found by the appropriate court to be in violation of this section may be ineligible to bid on City contracts for a period of up to three years as determined by the Mayor. F.Exemptions. (1)Grounds for granting exemptions. The Mayor may request that the Common Council grant a partial or whole exemption to the requirements of this section. (a)General exemption. Exemptions may be granted where application of this sectionto a particular contract is found by the city to violate specific state or federal statutory, regulatory or constitutional provision or provisions, and Common Council approves the exemption on that basis. (b)Youth employment exemption. An exemption to this section may be granted where a covered employer is an organization who regularly employs individuals under the age of 21 in a summer youth program, school work program, or other related seasonal part-time work. The exemption shall only apply to these employees. (c)Not-for-profit organizations. An exemption to this section may be granted to not-for-profit organizations which perform services for the city or its departments. (2)Contents. All general exemption requests shall include the following (a)The nature of the contract to which this section applies; and the specific or official name of the contract, the statutory or regulatory authority for the granting of the contract, and a copy of that authority. (b)The conflicting statutory, regulatory or constitutional provision or provisions that make complaints with the section unlawful, and a copy of each provision; and (c)A factual explication and legal analysis of how compliance with this section would violate the cited provision or provisions, and the legal consequences that would attach if this violation were to occur. (3)Common Council review and approval of exemption requests. The Common Council shall consider exemption requests, along with their supporting documentation and analysis, and may hold a public hearing to consider the views of the public, before approving the exemption. The Common Council may approve or deny all or part of a request. G.Severability In the event any provision of this Page 91 02-0625.txt section shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions hereof H.Effective date. This section shall be effective [from the date of July 1, 2000] immediately upon enactment. 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 Corpcration Counsel NOTE: Matter in brackets to be deleted; matter underlined is new. AYES -BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, PITTS - 12 NOES -THOMPSON - 1 NO. 181 BY MRS. LOTEMPIO, MR. COPPOLA. MR. FONTANA, AND MR. THOMPSON RE NATIONAL NIGHT OUT Now Therefore be it resolved: That in light of the Citywide significance of National Night Out the Common Council does hereby declare National Night Out, August 6, 2002 to be a City Sponsored event. PASSED AYES - 13 NOES - 0 NO. 182 BY: MRS. MARTINO SMALL BOAT HARBOR GRANT APPLICATION Whereas: The Environmental Protection Act provides for State assistance to municipalities for local waterfront revitalization projects; and Whereas:The Niagara Frontier Transportation Authority (NFTA) developed an application for funding under Title II of the Environmental Protection Fund, Local Waterfront Revitalization Program, Year 2002 -2003, to assist in the redevelopment of the Small Boat Harbor; and Whereas: The Environmental Protection Fund is a 50% grant with a 50% local match; and Whereas: The City of Buffalo will incur no financial obligation to this project as 50% of the grant request will come from the state to provide electrification and conduits to the dock gates at the south end of the NFTA Boat harbor. NFTA will provide the balance of the 50% match from budgeted resources; and Whereas: As required by the grant source, NFTA requested the City be the applicant and the City is supportive of NFTA's efforts to enhance amenities at the Small Boat Harbor. Now, Therefore Be It Resolved: That consistent with the application guidelines of the New York State Environmental Protection Fund, the City has reviewed the NFTA application for Local Waterfront Revitalization Program funding, and certifies the information provided therein; and that the City, in consultation and with the consent of the Comptroller's Office, Corporation Counsel and Public Works Department is hereby authorized to enter into a funding agreement with the NFTA for the purposes of administering the grant; and Be It Further Resolved: Page 92 02-0625.txt That the Mayor is hereby authorized to sign the grant application, accept the grant award, should it be tendered by the State, and execute any and all agreements, incorporating these requirements, as may be necessary. PASSED AYES - 13 NOES - 0 NO. 183 BY: MRS. MARTINO CITY OWNED VACANT LOT AT 76 BUFFUM STREET Whereas: The City of Buffalo is; the owner of the property directly behind Indian Park Academy located at 76 Buffum Street in the South District; and Whereas: My office has received numerous calls with regard to a hazardous condition which exists due to the overgrowth of vegetation at this location, and Whereas: Within this brush it has been found to harbor Poison Ivy and several of the neighboring children have come down with severe allergic reactions requiring medical attention; and Whereas The residents in the adjacent area are requesting removal of the Poison Ivy, clearing of the vacant lot and maintenance of this area in order to make it safe. Now, Therefore, Be It Resolved: That the City of Buffalo, Department of Public Works formulate a plan In order to make the City owned lot, located behind 76 Buffum Street in the South District safe for the area residents. This plan shall include removal of the Poison Ivy, clearing of the land and maintenance of the vacant lot throughout the year. Be It Further Resolved- This plan shall be implemented, as soon as possible, in order to avoid further hardships to the surrounding residents. REFERRED TO THE SPECIAL COMMITTEE ON STREETS SERVICES AND THE COMMISSIONER OF PUB WORKS NO. 184 BY: MRS. MARTINO APPOINT LEGISLATIVE ASSISTANT That Christopher J. Kustra Jr., residing at 21 Willink, Buffalo, New York 14210, be appointed Legislative Assistant to South District Councilmember Mary M. Martino pursuant to Section 27 of the Charter effective July 1, 2002. ADOPTED NO. 185 BY:MR. PITTS AUDIT OF ADELPHIA Whereas: Adelphia Communications recently announced that it will raise cable television rates for the second time this year; and Whereas: Effective August 1st, basic cable TV rates will go up by 90 cents a month, and rates for digital cable service and PowerLink Internet service will each increase by $2 a month; and Whereas: These rate hikes are clearly excessive and, considering Adelphia's ongoing internal turmoil, there are serious concerns regarding the justification for these increases; and Whereas: It is highly unusual for a cable company to raise rates twice in less than six months, and it raises questions whether Adelphia is simply imposing these increases to help increase the cash flow in order to make the franchise more Page 93 02-0625.txt attractive to potential buyers; and Whereas: The City of Buffalo has no authority regarding these increases, but its franchise agreement with the cable company gives the City the power to review Adelphia's financial records to determine what justification exists for these exorbitant rate hikes; and Whereas: Such an audit of Adelphia financial records could also help determine whether the company has been paying the City its proper franchise fee; Now, therefore be it resolved: That the Common Council requests the New York State Public Service Commission (PSC) to assist the City of Buffalo in auditing the financial records of Adelphia Communications; and Be it further resolved: That this Common Council authorize's the hiring of a reputable private accounting firm with expertise to conduct a GIS and Financial Audit to work with the City and the PSC in reviewing Adelphials books; and Be it further resolved: That the Common Council requests the Corporation Counsel to initiate legal and administrative actions before the New York State Public Service Commission and Federal Communications Commission to delay the proposed rate increase until such time as the City's audit is complete and Adelphia files a full report concerning its present financial situation; and Be it further resolved: That the Common Council's Special Committee! on Telecommunications hold a Public Hearing on Thursday, July 11, 2002 at 6:00 p.m. in the Common Council Chambers on proposed rate increases and that the Special Committee on Telecommunications hold a series of meetings to determine Adelphia's present capability to continue providing services to residents within the City of Buffalo; and Be it finally resolved: That the Corporation Counsel be directed to review the legal options available to the City of Buffalo, including revocation of the franchise, should Adelphia enter into bankruptcy proceedings or default on any of the provisions of the franchise agreement. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS, THE OFFICE OF TELECOMKUNICATIONS AND THE PUBLIC SERVICE COMMISSION AND THE FEDERAL COMMUNICATIONS COMMISSION NO. 186 BY:MR. PITTS ENCOURAGE CABLE TV OVERBUILD Whereas: In the wake of the recent internal turmoil at Adelphia Communications, as well as the company's recent announcement that it will raise cable television rates for the second time this year, many Buffalonians are justifiably concerned about the future of their cable service; and Whereas: In the year 2000, the City of Buffalo had solicited from cable "overbuilders" to construct a second cable TV system, and received a proposal from a new company named American Broadband; and Page 94 02-0625.txt Whereas: At that time a number of companies had built second cable systems in large cities, and it was hoped that they would also enter second tier markets like Buffalo; and Whereas:Unfortunately, the softening capital markets at that time made it difficult for overbuilders to finance construction of their systems, and American Broadband eventually withdrew its application; and Whereas:However, in a number of large cities like New York and Boston, companies like RCN have constructed and continue to operate advanced fiber optic networks providing competitive service in video, data and telephony; and Whereas: As concerns about Adelpbia mount, many people in this area arc: looking for an alternative to their current cable TV service; and Whereas: As a result, a company like RCN could view this as an excellent opportunity to build a second cable system in the City of Buffalo; Now, therefore be it resolved: That the City of Buffalo undertake an active effort to encourage a cable TV overbuilders, as well as any other providers of multi-channel. video service, to come into the City of Buffalo. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND THE OFFICE OF TELECOMMUNICATIONS NO. 187 BY: MR. PITTS QUALITY SERVICE, LOCAL JOBS, AND LABOR HARMONY WHEREAS: The Federal Cable Television Consumer Protection and Competition Act of 1992 amended the Communication Act of 1934 by Crediting federal customer service and consumer protection provisions of cable of television service (47 U.S.C. 552); and WHEREAS: The Cable Television Consumer Protection and Competition Act of 1992, does not pre-empt state or local governments from enacting or enforcing laws that create more stringent customer service and consumer protection standards, and to ensure compliance with the standards; and WHEREAS: The City has adopted customer service and consumer protections standards for its cable franchise and fully expects the cable franchise to provide quality service and to be in full compliance with all service standards; and WHEREAS: The City recognizes that quality cable service depends on a well trained, well-compensated, career workforce; and WHEREAS: The City recognizes that local residents who have invested in this community and its quality of life best deliver local service; and WHEREAS: The City expects the companies that are granted franchises with our communities to be good corporate citizens, providing stable employment, family supporting jobs, and recognition of their employees' right to organize and bargain collectively without interference; and WHEREAS: The City expects employers to treat our citizens with dignity and respect and to afford them their legal rights without conflict; and WHEREAS: The City expects companies granted a cable franchise in our community to contribute to the local civic, cultural, and other community events. NOW THEREFORE BE IT RESOLVED THAT: The City Page 95 02-0625.txt expects any franchise holder to invest in a local workforce, support workers' right to organize and bargain collectively, and to contribute to this community's vibrant civic and cultural life. BE IT FURTHER RESOLVED THAT: The City expects any franchise holder to rive written notice to the City of any and all impending or existing labor complaints, troubles, disputes or controversies and the substantive steps that they fire taking to resolve the issues and maintain labor harmony. ADOPTED NO. 188 BY: MR. PITTS PUBLIC HEARING ON MAINTAINING ADEQUATE POLICE PROTECTION IN THE CITY OF BUFFALO Whereas: The State of New York has drastically reduced special aid to the City of Buffalo, citing declining revenues after the September 11 th attack; and Whereas: As a result, the City faced enormous challenges in putting together a balanced budget this year; and Whereas: The Common Council fought to minimize the police layoffs proposed by the Mayor, and was able to find $3 million to restore 50 police office jobs; and Whereas: In spite of the fact that many of the remaining layoffs may be reduced by officer retirements, there will be fewer police personnel available to fight crime this year; and Whereas: It is crucial that police officials present the public with information on how they plan to maintain public safety with less resources, and it is also crucial that the public have input into the allocation of scarce police resources:, Now, Therefore, Be It Resolved That: This Common Council will hold a series of public hearings on the provision of adequate police protection in the City of Buffalo in light of layoffs and other changes occurring in the Police Department. REFERRED TO THE COMMITTEE ON BUDGET, THE COMMISSIONER OF POLICE MID THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 189 BY: MR. PITTS REQUEST SPECIAL MEETING WITH GOVERNOR PATAKI TO DISCUSS THE CASINO COMPACT DEAL Whereas: New York State is set eventually to receive 25 percent of the slot machine revenues from the Seneca Nation's casinos under Governor Pataki's current casino compact negotiations with the Seneca Nation; and Whereas: The casino compact includes language that will allow it to be renewed almost automatically after 14 years, but with no provision that specifies any revenue to the state during the seven year renewal period; and Whereas: The cities of Buffalo and Niagara Falls must rely on the State to turn back 6.25 percent of the slot revenues, to assist local governments with the cost of casino services. If specific provisions are not outlined in the casino compact, cities such as Buffalo and Niagara Falls could be left paying for casino services in 14 years without a source of revenue to reimburse their expenses; and Whereas: This casino compact agreement appears to have many loopholes, which could result in the City of Buffalo taking a tremendous financial hit, that could very well financially cripple the City to the point of no return; Page 96 02-0625.txt Now, Therefore, Be It Resolved That: The Buffalo Common Council proposes to hold a Special Meeting, as soon as possible, with New York State Governor George E. Pataki to discuss the casino compact deal and it's consequences for the City of Buffalo; and Be It Further Resolved That: Governor George E. Patak-i be invited to attend this Special Meeting of the Common Council, before signing any state agreement or authorization on the current casino compact deal currently being negotiated; and Be It Finally Resolved That: The City Clerk be directed to send a certified copy of this resolution to Governor George E. Pataki. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 190 BY: MR. PITTS TRAILBLAZER SIGN/PLAQUE FOR MARVA JEANE DANIEL PUBLIC SCHOOL #37 - 295 CARLTON STREET Whereas: Marva J. Daniel, Principal of Futures Academy School of Excellence in the City Buffalo, retired on June 14, 2002, after 34 years of dedicated service to the Buffalo Board of Education and the Western New York community; and Whereas: Mrs. Daniel, a native Buffalonian was educated in the Buffalo Public School system; she attended P.S. #3 1, East high School, and the State University of New York College at Buffalo; which conferred her with the Degree of Bachelor of Science in 1968 and the Master of Science Degree in 197 1; and Whereas: Mrs. Daniel while serving as a Human Relations Specialist for the Board of Education helped to develop the present Buffalo Magnet School Program, as well as the Buffalo School Desegregation Program which trained hundreds of school employees. Additionally, as a Consultant to the U.S. Justice Department she conducted workshops in New Jersey to help facilitate a smooth transition in their efforts to desegregate Schools; and Whereas: Under her leadership as School Principal, Mrs. Daniel changed the image of Public School #37 from a troubled school to being recognized by the New York State Department of Education as a School of Excellence. Also, she was a Consultant for educators all over the world including Little Rock, Arkansas, Yonkers, Utica and Niagara Falls, New York and Japan; Mrs. Daniel was instrumental in establishing the Buffalo General Hospital Liberty Mentor Program, Buffalo Bills Adopt A School Program and the Mentor 2000 Program at Futures Academy. She was the founder and director of both the Fruit Belt Little League and Futures Academy Bengals Football Little League, which was comprised of over 150 children throughout Western New York; and Whereas: Mrs. Daniel's awards and recognition include Who's Who in American women 1990-93, AFL-CIO Am. Federation of Administrations - National Administrator of the Year 1992, Buffalo Council of Supervisors & Administrators - Administrator of the Year, SUNYAB Dean Service Award in education, Futures Academy Staff Award, and Student Plaque for Special Service, SUCAB Women's Issues Network- Certificate of Participation and the Fruit Belt Little League Leadership Award; Now, Therefore, Be It Resolved That: This Common Council requests that the Department of Page 97 02-0625.txt Public Works install a trailblazing sign/plaque that reads, "Marva Jeane Daniel Street" below the existing sign at 295 Carlton Street (P.S. School #37); and Be It Further Resolved That: A certified copy of this resolution be forwarded to Joseph N. Giambra, Commissioner, Department of Public Work, Streets and Parks. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 191 BY: MR. THOMPSON ADD LOT MAINTENANCE AND STREET SWEEPING PLANS TO THE ANNUAL REQUIREMENT FOR A SNOW REMOVAL PLAN Whereas: The City of Buffalo Charter, Section 15-35, requires the Deputy Commissioner for Streets to file with the Common Council by November I" of each year, 64 programs" for the displacement or removal of snow and ice on "all public streets, alleys, roadways and highways;" and Whereas: The administration has responded to this requirement for the past three years by filing Snow Control Plans with the Common Council; and Whereas: The Snow Control Plan has provided a professional context for snow removal efforts, and has given Councilmembers, citizens and organizations throughout the city, a greater sense of confidence that snow removal is proceeding based on an orderly plan; and Whereas: As the inventory of city-owned lots continues to grow, the maintenance of those properties has become a serious problem, with unkempt lots bringing down commercial strips and residential areas throughout the city; and Whereas: To maintain the City of Buffalo as an attractive place to live and work, it is crucial that the city does a good job maintaining its properties and cleaning the public streets; and Whereas: Developing a professional plan for lot maintenance and street cleaning would give the city a "road map" for carrying out these crucial functions in an efficient and equitable manner; Now, Therefore, Be It Resolved That: This Common Council requests the Commissioner of Public Works, Parks and Streets to include lot maintenance and street cleaning plans in the annual plan that is filed with the Common Council in November of each year; and Be It Further Resolved That: This Council requests the Corporation Counsel to file a report on the steps required to add lot maintenance and street cleaning plans to the charter provision that currently requires an annual plan from the Deputy Commissioner for Streets. REFERRED TO THE SPECIAL COMMITTEE ON STREETS SERVICES, THE CORPORATION COUNSEL AND THE COMMISSIONER OF PUBLIC WORKS NIO. 192 BY: MS. ANTOINE THOMPSON DISPLAY BANNER FOR JEFFERSON AVE. ARTS FESTIVAL Whereas: 50 Women with a Vision, Inc. plan to hold the above event on Saturday and Sunday July 27 & 28, 2002; Page 98 02-0625.txt and Whereas: To promote this 7"' Annual event, 50 Women with a Vision, Inc. has requested permission to display a banner on Jefferson Ave. near E. Utica St.; and Whereas: The organizers would like to display the banners from July 1, 2002 through July 1, 2002; Now, Therefore, Be It Resolved: That this Common Council grants permission to 50 Women with a Vision., Inc. to display the banner, pursuant to the conditions established by the Commissioner of Public Works, the Corporation Counsel and the Special Events Advisory Committee. PASSED AYES - 13 NOES - 0 NO. 193 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 Deacon Shelton Parham By Councilmember Pitts, Michaux Felicitation for Mr. Robert Gore By CouncilmemberPitts, Michaux Felicitation for Pastor Todd J. Rodriguez -Spencer By CouncilmemberPitts, Michaux In Memoriam for Suffragan Bishop Robert J. Deas By CouncilmemberPitts, Michaux ADOPTED. NO. 194 BY: ANTOINE M. THOMPSON APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2002, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Anzalone, Anthony Capps, Tracey Dobrow, Richard Kane, Kevin Morrison, Kathie Troutman, Shirley Blankenberg, Jeanne Davidson, Jack Hollingsworth, Maurice McCann, Andrew Saunders-Hill, Lisa ADOPTED NO. 195 BY: ANTOINE M. THOMPSON APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2002, conditional upon the persons so appointed certifying under oath to their qualifications and filing same! with the Page 99 02-0625.txt City Filipino, Angela ADOPTED NO. 196 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 1h floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, July 2, 2002 at 9:30 o'clock A.M. Committee on FinanceTuesday, July 2, 2002 at 10:00 o'clock A.M. following Civil Service Committee on LegislationTuesday, July 2, 2002 at 2:00 o'clock P.M. Committee on Comm. Dev.Wednesday, July 3 , 2002 at 10:00 o'clock A.M. Committee on EducationWednesday, July 3, 2002 at 2:00 o'clock P.M. Committee on BudgetFriday, June 28, 2002 at 2 pm rm 1417 Special Committees ReapportionmentThursday, June 27, 2002 at 2:00 o'clock P.M. in Room 1417 City Hall. MBECMonday, July 8, 2002 at 10:00 o'clock A.M. in Room 1417 City Hall. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware-, therefore. unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 197 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by NJs, rc7fay, the Council adjourned at CHARLES L, MICHAUX, III CITY CLERK Board of Police and Fire Pension Proceedings #6 Office of the Mayor-201 City Hall June 20, 2002 Present:; Anthony M. Masiello, Mayor; Anthony Nanula, Comptroller-2 Absent: James W. Pitts-1. The Journal of the last meeting was approved. NO. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of June 2002 amounting to $13,550.69 and respectfully request that checks be drawn Ito the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. NO. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of June 2002 amounting to $14,980.00 and respectfully request that checks be drawn to Page 100 02-0625.txt the order of the persons named herein for the amounts stated. Adopted. Ayes-2. Noes-0. NO. 3 On motion by Mr. Masiello, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m. Page 101