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HomeMy WebLinkAbout01-1113-ss0103 01-1113-ss0103.txt No. 21 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO November 13, 2001 SPECIAL SESSION November 2, 2001 CORPORATION PROCEEDINGS FROM THE MAYOR - EXECUTIVE DEPARTMEN 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 BARBARA MILLER-WILLIAMS - ELLICOTT KAREN R. ELLINGTON - 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: Barbara Miller- Williams, Chairman, Karen R. Ellington, Charley H. Fisher III, Betty Jean Grant, Rosemarie LoTempio CLAIMS COMMITTEE: Mary M. Martino, Chairman, Page 1 01-1113-ss0103.txt Marc A. Coppola, Richard Fontana, Betty Jean Grant and Barbara Miller-Williams-Members COMMUNITY DEVELOPMENT COMMITTEE: Beverly Gray, Chairman, Joseph Golombek Jr., Rosemarie LoTempio, , Karen Ellington, Charley H. Fisher III, Antoine Thompson-Members FINANCE COMMITTEE: Betty Jean Grant, Chairman, Marc A. Coppola, Karen R. Ellington, Charley H. Fisher III, Mary M. Martino, Barbara Miller-Williams-Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Rosemarie LoTempio, Beverly Gray, Dominic Bonifacio Jr., Joseph Golombek Jr., Antoine Thompson, Members RULES COMMITTEE: James W. Pitts, Chairman Beverly Gray, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Charley H. Fisher III, Chairman, Dominic Bonifacio Jr., Beverly Gray, Joseph Golombek Jr., Karen R. Ellington, Richard Fontana SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty Jean Grant, Barbara Miller-Williams. BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, Byron Brown , 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 Bonifacio Jr., Chairman, Karen R. Ellington, Richard Fontana, Barbara Miller-Williams, Mary Martino, Charley Fisher III. COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, NOVEMBER 13, 2001 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and and Council Members Bonifacio, Brown, Coppola, Fisher, Fontana, Golombek Grant, LoTempio, Martino, Pitts, and Williams - 11. ABSENT - Ellington, Gray - 2 On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on October 30, 2001 were approved. FROM THE MAYOR No. 1 Appointment of Members to the Page 2 01-1113-ss0103.txt Community Access Television Advisory Board Pursuant to the powers vested in me by Section 18-63 of Article 18 of the Charter of the City of Buffalo, I hereby appoint the following individuals to serve as members of the Community Access Television Advisory Board for a term commencing immediately and expiring November 5, 2004: Darwin McPherson 177 Bennett Street Buffalo 14204 Mr. McPherson has served in various roles in the communication field. Presently a features writer for Buffalo Spree Magazine, he also serves as the Publicity Coordinator for the NNNY Public Broadcasting Assn. He previously served as creative consultant for SEV/Sherwin-Greenberg Productions. Mr. McPherson graduated from the State University of New York at Buffalo with a BS in Business Studies. Peter Cutler 175 North Street Buffalo 14201 Mr. Cutler is Director of Public Relation Services for Eric Mower & Associates. He most recently served as Director of Communications for the Mayor's Office. Michael J. Billoni 309 North Street Buffalo 14201-1431 Suite29 Mr. Billoni is founder and principal of Billoni Associates, a free-lance project oriented firm which specializes in public relations. Mr. Billoni served as CAO of WNY United Against Drug and Alcohol Abuse and as Vice-President and General Manager of Rich Baseball Operations. I hereby certify that the above named individuals are fully qualified to serve as a members of the Community Access Television Advisory Board. RECEIVED AND FILED NO. 2 Recommended 2002 Capital Budget I hereby submit my recommendations for the City of Buffalo's 2002 Capital Expenditures Budget and Five Year Capital Program in accordance with the provisions of the Revised City Charter. I recommend $25,270,000 for City departments and $18,700,000 for the Board of Education. Both these figures correspond to the debt issuance ceilings imposed by the Comptroller in relation to the amounts of debt for each that will be retired in 21002. The total recommended capital budget for the City and Board in 2002 is $43,970.000. My recommendations (detail attached) reflect my deep concern about the precarious state of the City's finances. Although the Citizens Planning Council (CPQ advised that our present fiscal circumstances warrant a pause in capital spending, I am convinced that it would be harmful and imprudent to ignore the urgent needs and immediate opportunities addressed in these recommendations. The CPC, recognizing the 'downside' implications of such a pause, also advised that, if a capital budget for 2002 is to be adopted, it should include only those items that directly relate to health and safety, that are mandated by external authority or that are substantially reimbursable by federal or state governments, the school reconstruction and expansion program in particular. A review of my recommendations will indicate the extent to which I have gone to accommodate the CPC's judgements and concerns. But we cannot responsibly overlook the condition of our infrastructure, facilities, parks and public spaces. Funding to continue major housing and economic development initiatives that we have undertaken has been Page 3 01-1113-ss0103.txt included as well because these investments underpin future development that generates revenues and are crucial to the City's future fiscal stability. The catastrophic events of September I I th have impacted us in ways, personal and professional, that we could not have earlier imagined. With your continued cooperation and understanding we will be able to work through the trials of the moment, regain our equilibrium and build a sound fiscal foundation for the City's future. Commissioner Ryan and I are available to discuss these capital budget recommendations and the parameters of the entire proposed capital spending program - at your convenience. REFERRED TO THE COMMITTEE ON BUDGET NO. 3 Re-Appointment of Members to the Emergency Medical Services Board Pursuant to the powers vested in me in Chapter 6 of the Code of the City of Buffalo, I hereby re-appoint the following individuals to the Emergency Medical Services Board for a term commencing immediately and will expire June 30, 2004. Rev. Joseph Bayne 1910 Seneca Street Buffalo, 14210 Calvin Worthy 99 William Street Buffalo, 14203 C. Richard Braen, M.D.40 Dana Road Buffalo, 14216 I hereby certify that the above named individuals are fully qualified to serve as members of the Emergency Medical Services Board. RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 4 Monthly report from the Division of Citizen Services (Mayor's Complaint Hot Line) Attached is the October, 2001 activity report from the Division of Citizen Services. Complaint calls and or service calls, were slightly up over a low total in September (3,051 to 2,760). In reviewing October's calls, two strong positive trends occurred. Calls for tote exchanges and pick-ups continued to be significantly down, and calls concerning user fee bills, which were mailed in October, also continued a significant downward trend. In fact, user fee calls were the fewest received after a billing, in the division's fifteen (15) month existence. Call categories that were higher in October, were forestry or tree calls (215 to 128), which was the result of a high wind storm, and broken totes (186 to 127), particularly in the North Council district- (46). The division has forwarded all the broken totes complaints to the Sanitation division for investigation, regarding the reason (s) for a sudden increase of broke,. totes in a specific area of the city. By and large, initial garbage tote exchanges have been made and the acceptance of the tot program on a city-wide basis, now appears to be very high. The division hopes that the Common Council finds the attached information to be useful. REFERRED TO THE COMMITTEE ON FINANCE Page 4 01-1113-ss0103.txt FROM THE CITY PLANNING BOARD NO. 5 Nosnevets Corp 65 Goodell St. Accessory sign Item No. 94, C.C.P. 10/30/2001 The City Planning Board at its regular meeting held Wednesday-, November 7 2001, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect a 3'3" x 9' x l2' pole "ID" sign with room for 3 additional 2lx8ltenant panels 65 Goodell Street. Under SEQR the proposed signs are considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval, of a 3f3llx9,, monumental address ground sign with a landscaping element at the base of the proposed sign. The Planning Board conditions its approval on the Zoning Board of Appeals approval of the Planning Boards recommendation. RECEIVED AND FILED NO. 6 Nichols School 1182 Amherst St. Accessory sign Item No. 95, C.C.P. 10/30/2001 The City Planning Board at its regular meeting held Wednesday, November 7 2001, considered the matter captioned above pursuant to Section 3137-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect a 9'x31l0'1x30f1 ground "ID11 sign at the corner of Amherst Street and Colvin Avenue. Under SEQR the proposed signs are considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed accessory sign. RECEIVED AND FILED NO. 7 M. Tomaselli 224 Allen St. Take-out restaurant Item No. 96, C.C.P. 10/30/2001 The City Planning Board at its regular meeting held Wednesday, November 7, 2001, considered the matter captioned above Pursuant to Section 511-57 of the Buffalo Code, Allen Street District. The applicant seeks convert a laundry drop off center into a take-out restaurant at 224 Allen Street. Under SEQR the proposed outdoor patio is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed take-out restaurant. RECEIVED AND FILED NO. 8 S. Tucker Curtin 3165 Main St. Sit-In Restaurant, Bakery & Offices Item No. 98, C.C.P. 10/30/01 The City Planning Board at its regular meeting held Page 5 01-1113-ss0103.txt Wednesday, November 7, 2001, considered the matter captioned above pursuant to Section 511-79.5 of the Buffalo Code, Transit Station restricted uses. The applicant seeks to demolish part of building and move the remaining portion to the rear of an adjoining lot to make room for a vintage diner car restaurant that will adjoin a building to be used as a bakery and offices at 3165 Main Street. The applicant will return to the Planning Board on November 20, 2001 for City-Wide design and site plan review. The Planning Board voted to approve the proposed use of site for a sit-in restaurant, bakery and offices. RECEIVED AND FILED NO. 9 Benderson Development Carey St. between Delaware & Elmwood C: Use of Street and right-of-way Item No. 79, C.C.P. 10/2/2001 The City Planning Board at its regular meeting held Wednesday, November 7, 2001, considered the matter captioned above pursuant to Section 317.1 of the Buffalo Code, Referable Matters to the City Planning Board . The applicant is asking the City of Buffalo to for permission to use a portion of Carey Street between Delaware and Elmwood for private parking for an adjacent hotel. Along with the request to use the actual street there is also a request to move the northern sidewalk partially onto private property and reconfigure the parallel parking scheme to diagonal parking. The Planning Board after much discussion voted to communicate to the Common Council the following recommendations: 1.If the Council decides to approve the private use of a public street and the adjacent right-of-way then permission be granted through a 3 year license with a review and renewable clause each and every year; 2.Such lease shall include some form of payment that would be commensurate with standard parking lot rates since the City would be foregoing parking meter revenue and the general public will be losing the use of public parking; 3.Vehicle parking be limited to passenger vehicles with seating capacity of not more than 6 seats; 4.Snow is to removed from the street by the applicant; 5.Any conditions imposed by the Federal Building management and police be incorporated into the Common Council's approval; 6. Total completion of the previously approved site plan for the adjacent hotel including fencing, dense landscaping and parking screening requirements of the City codes. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 10 Urban Renewal Plan, Phase II Main-LaSalle Revitalization Project Planning Board Report and Recommendation The City Planning Board at its meeting of October 9, 2001 adopted the following resolution recommending that the Page 6 01-1113-ss0103.txt Common Council approve the Main-LaSalle Revitalization Project Phase 11 Urban Renewal Plan, City Planning Board Recommendation Main-LaSalle Revitalization Project Phase 11 Urban Renewal Plan Adoption Mr. Lyons offered the following resolution, seconded by Mr. Bums, and moved for its adoption: We, the duly appointed members of the City of Buffalo Planning Board, acting in accordance with Section 505, subdivision 2, Article 15 of the General Municipal Law of New York State, do this 9th Day of October, 2001 adopt the following resolution: WHEREAS, the Common Council of the City of Buffalo designated the Main-LaSalle Redevelopment Project Area to be appropriate and eligible for urban renewal treatment on March 3, 1987, C.C.P. No. 157; and WHEREAS, the first phase of the revitalization of the area was successfully implemented with the development of thirty-two new single-family homes within the Main-LaSalle Phase I Residential Subdivision Plan; and WHEREAS, the Office of Strategic Planning, in cooperation with the Buffalo Urban Renewal Agency and the Buffalo Neighborhood Revitalization Corporation, proposes to implement the next phase of the project and has recommended that the Main-LaSalle Revitalization Project Phase 11 Urban Renewal Plan be Adopted, to authorize the acquisition and site assembly of eleven properties, for redevelopment as a single-family residential development, on a four and one-half (4.5) acre site, directly adjacent to the Phase I Site; and WHEREAS, the "Buffalo City Master Plan" has established, as a high priority, new residential development along the Main Street Rapid Transit Corridor; and WHEREAS, a public hearing upon the matter was held upon due notice before the City Planning Board in Room 901 City Hall on September 25, 2001 at 8:15 a.m., at which hearing the proposed Urban Renewal Plan was presented and explained in detail, and those desiring to be heard were heard; and WHEREAS, the proposed Urban Renewal Plan generally conforms to the comprehensive plan for the development of the community as a whole and is consistent with local objectives as determined by the City Planning Board; NOW, THEREFORE, BE IT RESOLVED, that, we the duly appointed members of the City Planning Board of and for the City of Buffalo, do hereby report to the Common Council and certify our unqualified approval of the above described Urban Renewal Plan for the Main-LaSalle Revitalization Project Phase 11, and that we hereby recommend that the plan be approved and adopted by your Honorable Body; and BE IT FURTHER RESOLVED, that, the Common Council be informed that pursuant to subdivisions 2 and 3 of Section 15, Article 15 of the General Municipal Law, the office preparing an Urban Renewal Plan must submit the proposed plan to the City Planning Board for a recommendation to be submitted to the Common Council, after which the Council is to hold a public hearing on the subject, not earlier than four (4) weeks after the Planning Board recommendation. AYES: Mr. Lyons, Mr. Bums, Mrs. Hoyt, Mrs. Schwartz NOES: None ABSENT: Mr. Gioia, Mr. Morrell RECEIVED AND FILED Page 7 01-1113-ss0103.txt NO. 11 Urban Renewal Plan Amendment Ellicott Redevelopment Project Planning Board Recommendation The City Planning Board, at its meeting of October 23, 2001, adopted the following resolution recommending that the Common Council approve an Amendment to the Ellicott Redevelopment Project Urban Renewal Plan. City Planning Board Report and Recommendation Ellicott Urban Renewal Plan Amendment Mrs. Schwartz offered the following resolution, seconded by Mr. Lyons, and moved for its adoption: We, the duly appointed members of the City of Buffalo Planning Board, acting in accordance with Section 505, subdivision 2, Article 15 of the General Municipal Law of New York State, do this 23rd Day of October, 2001 adopt the following resolution: WHEREAS, the Common Council of the City of Buffalo approved the Ellicott Urban Renewal Plan on August 2, 1957 (C.C.P. No. 4); and WHEREAS, the Land Use Plan for Parcel F I (I. I Acres), located at 540 Swan Street, has been defined for redevelopment as a Neighborhood Commercial Use; and WHEREAS, the proposed redevelopment of Parcel F I for Neighborhood Commercial Use has since 1957 failed to attract a private redeveloper; and WHEREAS, there has been redeveloper interest in developing the Parcel for Residential Use; and WHEREAS, the Office of Strategic Planning has recommended that the Ellicott Urban Renewal Plan be Amended to aid in the redevelopment of Parcel F 1, by modifying the Land Use Plan for the parcel, FROM "Neighborhood Commercial Use" TO "Residential Use"; and WHEREAS, a public hearing upon the matter was held upon due notice before the City Planning Board in Room 901 City Hall on October 9, 2001 at 8:15 a.m., at which hearing the Amendment was presented and explained in detail, and those desiring to be heard were heard; and WHEREAS, the Plan Amendment generally conforms to the comprehensive plan for the development of the community as a whole and is consistent with local objectives as determined by the Board; NOW, THEREFORE, BE IT RESOLVED, that, we the duly appointed members of the City Planning Board of and for the City of Buffalo, do hereby report to the Common Council and certify our unqualified approval of the above described Amendment to the Urban Renewal Plan for the Ellicott Redevelopment Project and that we hereby recommend that the plan amendment be approved by your Honorable Body; and BE IT FURTHER RESOLVED, that, the Common Council be informed that pursuant to Subdivisions 2 and 3 of Section 15, Article 15 of the General Municipal Law, the office preparing an urban renewal plan amendment must submit the proposal to the City Planning Board for a recommendation to be submitted to the Common Council, after which the Council is to hold a public hearing on the subject, not earlier than four (4) weeks after the Planning Board recommendation. AYES: Mr. Lyons, Mr. Bums, Mr. Morrell, Mrs. Schwartz NOES: None ABSENT: Mr. Gioia, Mrs. Hoyt RECEIVED AND FILED Page 8 01-1113-ss0103.txt FROM THE OFFICE OF STRATEGIC PLANNING NO. 12 BURA/Consolidated Plan Process/Application (Item No. 161, C.C.P. 10/30/01) The Office of Strategic Planning acknowledges Your Honorable Body's request dated October 31, 2001, for various reports and CDBG-funded job descriptions. Please be advised that the requested documentation will be compiled and submitted to the Common Council Meeting of November 27, 2001. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 13 Lease Agreement - City of Buffalo and Pratt Willert Community Center and School #47 Policy Board For Use of Item No. 166, C.C.P. 2/6/01 The Office of Strategic Planning, Division of Real Estate, has received a request from the Pratt Willert Community Center, Inc. and the School 47 Policy Board, Inc. (Lessee), to enter to a three (3) year lease agreement with the City of Buffalo (Lessor), to manage the Community Center located at 406 Pratt Street. Your Honorable Body authorized the acquisition of this property and lease negotiations, Item #166, C.C.P. 2/6/01. The City of Buffalo acquired title to the building from the Buffalo Neighborhood Revitalization Corp. on 2/23/2001. The property consists of a 13,200 sq. ft. building situated on a lot 200'x 161'. The lessee and the City have agreed to the following: 1. Lessee will operate the center and provide senior and family service programs, after school programs, community outreach programs and provide facilities for a food pantry operation. 2.Lessee will be responsible for all costs for utilities to include, water, gas, electric and garbage user fee. If the lessee contracts with a private garbage collection company no fee will be assessed by the City. 3.The annual rental will be One Dollar ($1.00). 4.The lessee will provide routine interior maintenance and cleaning, minor repairs to heating, plumbing and electrical systems. Lessee will also provide routine maintenance of the exterior grounds to include grass cutting and snow removal from sidewalks and parking lot. 5.The lessee will provide general liability insurance naming the City of Buffalo as an additional insured. The type and amount of coverage to be determined by the Corporation Counsel, City of Buffalo. The City of Buffalo will be responsible for all major repairs to the structure to include, roof, foundation, heating, plumbing and electrical systems. 7.Either party may cancel the lease agreement, by giving a 60-day written notice to the other party of the lease agreement. I am recommending Your Honorable Body to approve the above lease terms between the City of Buffalo and the Pratt Willed Community Center, Inc., and the School 47 Policy Board for a three (3) year period. The lease shall commence on March 1, 2001 and expire on February 28, 2004. 1 am further recommending that the Corporation Counsel prepare Page 9 01-1113-ss0103.txt the necessary lease agreement and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 14 Renew Lease Agreement between the City of Buffalo and The County of Erie - Central Police Services Forensic Laboratory Use of a Portion of Police Headquarters - 95 Franklin Street Item No. 129, C.C.P. 10131/95 Pursuant to Item No. 129, C.C.P. 10/31/95, Your Honorable Body authorized a five (5) year lease agreement between the City of Buffalo and the County of Erie for the Central Police Services Forensic Laboratory utilizing 4,000 square feet of space on the 0 floor of Police Headquarters, 95 Franklin Street. This lease terminated on September 19, 2001. The Office of Strategic Planning, Division of Real Estate, has received a request from the County of Erie to renew their lease for an additional five (5) year period to commence on September 20, 2001 and expire on September 19, 2006. The County of Erie is also requesting to amend the lease to read that "the County desires an opportunity to terminate the lease, without charge, upon ninety (90) days written notice to the City, should the needs of the County change during the renewed term of the lease." The Division of Real Estate has contacted the Buffalo Police Department and the Corporation Counsel's Office and they have indicated that they have no objections to the County's termination clause. This office recommends that Your Honorable Body renew their present lease agreement for an additional five (5) year period to commence on September 20, 2001 and expire terminate on September 19, 2006. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 15 Result of Negotiations 96 Box, 805.811 Kehr Vacant Lot: 301x 1171 Assessed Valuation: $2,100 The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 96 Box Avenue from Mr. Lavane Mason, 94 Box Avenue, Buffalo, New York, 14211. Mr. Mason owns a multiple dwelling at 94 Box Avenue, which adjoins 96 Box Avenue. He intends to use the property for extra yard space. The Office of Strategic Planning and the Division of Collections have no objection to the sale. There are no outstanding taxes, building code violations, or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Mr. Richard W. Bronstien of R.W. Bronstein Corp., 3666 Main Street, Buffalo, New York 14226. He has estimated the value of the parcel to be Seven Hundred Fifty Dollars ($750), (.21) a square foot. The Division of Real Estate concurs with the appraisers estimate of value. Page 10 01-1113-ss0103.txt The results of our negotiations are that Mr. Lavane Mason has agreed and is prepared to pay Seven Hundred Fifty Dollars ($750) for the subject property. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 96 Box Avenue to Mr. Lavane Mason for Seven Hundred Fifty Dollars ($750) . I 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 Result of Negotiations 46 Cypress, 90' W Pine Lot Size: 30' x 1301 Assessed Valuation: $1,400 The Office of Strategic Planning, Division of Real Estate has received a request to purchase the above property from Mr. Theodore Greene and Mrs. Willie Ida Greene, 324 Pine Street, Buffalo, New York 14204. Mr. and Mrs. Greene own and reside at 324 Pine Street, which adjoins 46 Cypress Street. They intend to use the property for extra yard space. The office of Strategic Planning and the Division of Collections have no objections to the sale. There are no outstanding taxes, building code violations, or other liens owed to the City by the purchasers. An independent appraisal of the property was conducted by Richard Bronstein of Bronstein Auctioneers Corporation, 3666 Main Street, Buffalo, New York 14226. He has estimated the value of the property to be One Thousand Two Hundred Fifty Dollars ($1,250), Thirty-two cents (.32) a square foot. The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Mr. and Mrs. Theodore Greene have agreed and are prepared to pay One Thousand Two Hundred Fifty Dollars ($1,250). They have also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 46 Cypress Street to Mr. and Mrs. Theodore Greene in the amount of One Thousand Two Hundred Fifty Dollars ($1,250). 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. 17 Result of Negotiations 156 Rother,551.69 N.Stanislaus Lot Size:30' x 97' Assessed valuation: $1,500 162 Rother, 581.69 N. Stanislaus Lot Size: 30' x 97' Assessed valuation: $ 1,500 The Of f ice of Strategic Planning, Division of Real Estate has received a request to purchase the above properties from Mr. Mehbub Patel & Mrs. Hasina Patel, 167 Sobieski Street, Buffalo, New York 14212. Mr. & Mrs. Patel own and reside at 167 Sobieski, which adjoins 156 and 162 Rother Avenue. They intend to use the property for extra yard Page 11 01-1113-ss0103.txt space. The Office of Strategic Planning and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City by the purchasers. An independent appraisal of the property was conducted by Pamela S. Breidenstein, 798 Center Road, West Seneca, New York 14225. She has estimated the value of the properties to be One Thousand Dollars ($1,000), (.17) a square foot. The Division of Real Estate concurs with the appraisers estimate of value, The results of our negotiations are that Mr. & Mrs. Mehbub Patel have agreed and are prepared to pay One Thousand ($1,000). They have also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of 156 and 162 Rother Avenue to Mr. & Mrs. Mehbub Patel in the amount of One Thousand Dollars ($1, 000) . I 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 Result of Negotiations 305 Sweet,260.711 N Stanislaus Lot Size:30' x 94' Assessed Valuation: 1,500 309 Sweet, 90.71' N Stanislaus Lot Size: 30' x 94' Assessed Valuation: $1,500 317 Sweet, 3301 S Sycammore Lot Size: 60' x 94' Assessed Valuation: 2,900 The Office of Strategic Planning, Division of Real Estate has received a request to purchase the above properties from Mr. Mohammed Ibrahim Memon on behalf of Darul Uloom Al-Madania, Inc., 182 Sobieski Street, Buffalo, New York 14212. This institute of higher Islamic education owns numerous properties in the area. They intend to use 305, 309 and 317 Sweet Avenue for a play area for the school. The Office of Strategic Planning and the Division of Collections have no objections to the sale. There are no outstanding taxes, code violations, or other liens owed to the City by the purchaser. An independent appraisal of the property was conducted by Ms. Pamela Breidenstein, 798 Center Road, West Seneca, New York 14224. She has estimated the value of the properties to be Two Thousand Dollars ($2,000), Seventeen Cents (.17) a square foot. The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Mr. Memon has agreed and is prepared to pay Two Thousand Dollars ($2,000) for the subject properties. He has 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 305, 309 and 317 Sweet Avenue to Mr. Mohammed Ibrahim Memon on behalf of Daurl Uloom Al-Madania, Inc. in the amount of Two Thousand Dollars ($2,0000). I 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. Page 12 01-1113-ss0103.txt REFERRED TO THE COMMITTEE ON FINANCE NO. 18 Result of Negotiations 305 Sweet, 260.711 N Stanislaus Lot Size: 30' x 941 Assessed Valuation: $1,500 309 Sweet, 290.71' N Stanislaus Lot Size: 30' x 94, Assessed Valuation: $1,500 317 Sweet, 3301' Sycammore Lot Size:601 x 941 Assessed Valuation: $2,900 The Office of Strategic Planning, Division of Real Estate has received a request to purchase the above properties from Mr. Mohammed Ibrahim Memon on behalf of Darul Uloom Al-Madania, Inc., 182 Sobieski Street, Buffalo, New York 14212. This institute of higher Islamic education owns numerous properties in the area. They intend to use 305, 309 and 317 Sweet Avenue for a play area for the school. The office of Strategic Planning and the Division of Collections have no objections to the sale. There are no outstanding taxes, code violations, or other liens owed to the City by the purchaser. An independent appraisal of the property was conducted by Ms. Pamela Breidenstein, 798 Center Road, West Seneca, New York 14224. She has estimated the value of the properties to be Two Thousand Dollars ($2,000), Seventeen Cents (.17) a square foot. The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Mr. Memon has agreed and is prepared to pay Two Thousand Dollars ($2,000) for the subject properties. He has 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 305, 309 and 317 Sweet Avenue to Mr. Mohammed Ibrahim Memon on behalf of Daurl Uloom Al-Madania, Inc. in the amount of Two Thousand Dollars ($2,0000). I 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. 19 Urban Renewal Plan Amendment Ellicott Redevelopment Project Parcel Fl Land Use Change The Ellicott Redevelopment Project Urban Renewal Plan, UR NYR 1-1, was adopted by the Common Council of the City of Buffalo on August 2, 1957, C.C.P. No. 4. The Plan has a fifty (50) year duration, which will expire on August 2, 2007. The Ellicott Redevelopment Project has the distinction of being the very first Urban Renewal Plan Adopted in New York State. Since the first approval of the plan, the project's Land Use Plan for the 1. 1 acre BURA-owned Parcel F I, located at 540 Swan Street, has limited redevelopment of the parcel to "Neighborhood Commercial Uses". Unfortunately, the Parcel has remained undeveloped and the Buffalo Urban Renewal Agency has not been successful in marketing the property for private redevelopment as a Neighborhood Commercial Use. Page 13 01-1113-ss0103.txt The Office of Strategic Planning is proposing an Amendment to the Urban Renewal Plan, to change the Land Use Plan for Parcel F 1, from "Neighborhood Commercial Use" to "Residential Use". This Amendment of the Project's Land Use Plan will accommodate new residential development and generate significant new private investment in the project area. The City Planning Board approved the proposed plan amendment at its meeting of October 23, 200 1, and recommended that the amendment be approved by your Honorable Body. It is respectfully requested that your Honorable Body act on the amendment of the plan by conducting a public hearing and by the adoption of an appropriate authorizing resolution. The Office of Strategic Planning therefore respectfully requests that you authorize the City Clerk to advertise a Notice of Public Hearing no later than November 17, 2001, with the Public Hearing to be held Tuesday, November 27, 2001. We have attached an appropriate draft Notice of Public Hearing and a draft Resolution for your consideration. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 20 Urban Renewal Plan Phase II Main-LaSalle Revitalization Project March 3, 1987, C.C.P. No. 157 It is my pleasure to present, for your Honorable Body's review and consideration, the Main-LaSalle Revitalization Project Phase 11 Urban Renewal Plan. The Main-LaSalle Revitalization Area was designated as eligible and appropriate for Urban Renewal treatment by the Common Council of the City of Buffalo on March 3, 1987, C.C.P. No. 157. The project area was found to suffer from conditions of spreading slum and blight. Residential reinvestment was dramatically and visibly declining, and commercial reinvestment in the area had virtually stopped during the long years of disrupted traffic due to the construction of the Main Street Light Rail Rapid Transit System. In response to these conditions and opportunities the first phase of the revitalization of the area was successfully implemented with the development of the Main-LaSalle Phase I Residential Subdivision, including the construction of a new residential street, the William Price Parkway, and the development of thirty-two new market-rate single-family homes. The Office of Strategic Planning, in cooperation with the Buffalo Urban Renewal Agency and the Buffalo Neighborhood Revitalization Corporation, proposes to implement the next phase of the project, to be known as the Main-LaSalle Revitalization Project Phase II Urban Renewal Plan. The proposed plan furthers the implementation of the Main-LaSalle Revitalization Plan. The Plan also furthers the implementation of the adopted City of Buffalo Master Plan, which has established as a high priority objective, new residential development along the Main Street Transit Corridor. The proposed Plan will specifically authorize the acquisition and site assembly of eleven properties, for redevelopment as a market-rate, single-family residential development, on a four and one-half (4.5) acre site, directly adjacent to the Page 14 01-1113-ss0103.txt Phase I Project Site. The City Planning Board has approved the Urban Renewal Plan after conducting a Public Hearing, as required by General Municipal Law, and the Planning Board's "Report and Recommendations" relative to the Plan appears on the Common Council Agenda of November 13, 200 1. The Office of Strategic Planning, therefore, recommends your approval and adoption of the Plan, and respectfully requests that you authorize the City Clerk to advertise a Notice of Public Hearing no later than November 17, 200 1, and that you schedule a Public Hearing for the Plan to be held on Tuesday, November 27, 2001. We have attached for your consideration and approval an appropriate draft Notice of Public Hearing and a draft Resolution scheduling the hearing. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 21 TRANSFER OF SOUTHERLY PORTION OF PERRY STREET RIGHT-OF-WAY TO THE CITY OF BUFFALO Submitted for approval is a request to transfer BURA property to the City of Buffalo. During the construction of the Arena Project, BURA transferred the northern half of the Perry Street right-of-way, between Main and Washington Streets, to the City of Buffalo. The southern portion of the right-of-way was never transferred. This item remedies that oversight and provides the City with clear title to the Property under Perry Street between Main and Washington. BURA approved the transfer of the property on October 25, 2001. deed. I therefore respectfully request that your Honorable Body approve the attached Mrs. LoTempio Moved: That the above communication from the Office of Strategic Planning dated October 30, 2001, be received and filed; and That the Executive Director of Strategic Planning be, and be hereby is authorized to accept the transfer of the Southerly portion of Perry Street fight-of-way from the Buffalo Urban Renewal Agency. That the Corporation Counsel be authorized to prepare the necessary documents and that the Mayor be authorized to execute the same. Passed AYES - 11 - NOES - 0 NO. 22 Condemnation - Expansion of Augspurger Ramp 43 West Huron, East Comer of Franklin Lot Size: 110'x 83 Assessed Value: Land: $ 91,300 Improvement: $473,100 Total $564,400 Item #173, C.C.P. 5/15/01 In the above referenced itern Your Honorable Body authorized Bond Funds for the expansion of the Augspurger Parking Ramp. The Board of Parking has requested the Office of Strategic Planning, Division of Real Estate, to acquire the above mentioned parcel to accommodate the expansion project. Construction for the project is planned for Spring of 2002. The parcel consists of a 32,760 sq. ft. four story office Page 15 01-1113-ss0103.txt building, situated on a lot 110' x 83'. The building is owned by the Church of Scientology of Buffalo, 47 West Huron, Buffalo, New York. The first floor is used for their offices and the second through fourth floors are vacant. The Church acquired the property in 1979 for Three Hundred Seventy-Five Thousand Dollars ($375,000.00). The building will be demolished to accommodate the ramp expansion. Two appraisals of the property were commissioned by the Board of Parking and have been reviewed by the City of Buffalo Appraisal Review Board. It was the recommendation of the Appraisal Review Board to offer Four Hundred Twenty-Five Thousand Dollars ($425,000.00) as just compensation for the property. In accordance with Eminent Domain Procedure Law an offer was prepared and sent to the Church of Scientology on July 2, 2001, in the amount of Four Hundred Twenty-Five Thousand Dollars ($425,000.00). The Church had ninety (90) days to accept the offer as payment in full or as an advance payment reserving their right to file a claim for additional damages. The Division of Real Estate has been unable to negotiate an agreement or settlement with the owner within the time frame allowed under Eminent Domain Procedure Law. At this time it does not appear that an agreement to acquire the property will be reached through negotiations. We believe that in order to acquire title prior to the anticipated spring construction schedule the property will have to be acquired through Eminent Domain. Therefore, I am recommending that Your Honorable Body authorize acquisition of the property through condemnation and conduct the required public hearing in accordance with Eminent Domain Procedure Law. REFERRED TO THE COMMITTEE ON FINANCE 1 NO. 23 CONDEMNATION - EXPANSION OF AUGSPURGER RAMP 352 PEARL, NORTH COMER OF HURON LOT SIZE:86'X 110' ASSESSED VALUE: LAND:$120,600 IMPROVEMENT: $ 21,300 TOTAL:$141,900 ITEM #173, C.C.P. 5/15/01 In the above referenced item Your Honorable Body authorized Bond Funds for the expansion of the Augspurger Parking Ramp. The Board of Parking has requested the Office of Strategic Planning, Division of Real Estate, to acquire the above mentioned parcel to accommodate the expansion project. Construction for the project is planned for Spring of 2002. The parcel consists of a 9,460 sq. ft. rectangular shape surface lot, situated on a lot 86' x 110'. The property is owned by Allright Realty Company, 352 Pearl Street, Buffalo, New York. Allright Realty Company purchased the property in 1984 for One Hundred Thirty-Five Thousand Dollars ($135,000.00). Two appraisals of the property were commissioned by the Board of Parking and have been reviewed by the City of Buffalo Appraisal Review Board. It was the recommendation of the Appraisal Review Board to offer Two Hundred Fifty Thousand Dollars ($250,000.00) as just compensation for Page 16 01-1113-ss0103.txt the property. In accordance with Eminent Domain Procedure Law an offer was prepared and sent to the Allright Realty Company on July 2, 2001, in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00). Allright Realty Company had ninety (90) days to accept the offer as payment in full or as an advance payment reserving their fight to file a claim for additional damages. The Division of Real Estate has been unable to negotiate an agreement or settlement with the owner within the time frame allowed under Eminent Domain Procedure Law. At this time it does not appear that an agreement to acquire the property will be reached through negotiations. We believe that in order to acquire title prior to the anticipated spring construction schedule the property will have to be acquired through Eminent Domain. Therefore, I am recommending that Your Honorable Body authorize acquisition of the property through condemnation and conduct the required public hearing in accordance with Eminent Domain Procedure Law. REFERRED TO THE COMMITTEE ON FINANCE NO. 24 J. RYAN-REDEV SUPP GEN IMPACT STATEMENT UNIONSHIP CANAL My staff has had the opportunity to review the draft of the Generic Environmental Impact Statement for the Union Ship Canal. We have expressed our observations, comments and concerns to Downtown Development Inc., the Developer of Record and fully expect that the appropriate parties will take our concerns into consideration. We are completely in support of the redevelopments of the Union Ship Canal and the Outer Harbor and are certain that they will be undertaken with recognition of achieving the highest standards of environmental remediation, urban design and public access as possible. REFERRED TO THE SPECIAL COMMITTEEON UNIONSHIP CANAL COMMITTEE FROM THE COMPTROLLER NO. 25 CITY OF BUFFALO, NEW YORK OFFICE OF CITY COMPTROLLER CASH MANAGEMENT APPROACH TO ENSURE FINANCIAL INTEGRITY-DRAFT Introduction: The City of Buffalo, New York (the "City") is a financially complex organization with annual revenues, including the Board of Education, of more than $800 million. For this reason alone, it is prudent for the City to adopt a more formalized approach toward the management of its liquidity needs, funding sources and operating practices. Toward this end, this document presents a set of actions that the Office of City Comptroller (the "Comptroller") supports and encourages other bodies of City government to adopt. The advantages of utilizing this action plan are significant and varied, ranging from a more favorable perspective by the nationally recognized rating agencies to operating efficiencies that can be particularly cost-effective. Increasingly, governments are incorporating private sector practices to improve the financial position and results for the governmental sector. It is the Comptroller's viewpoint that although there are often practical limitations for private Page 17 01-1113-ss0103.txt sector applications to governmental activities, the use of private sector standards and models can be quite constructive for increasing governmental responsiveness and financial accountability. This cash management action plan is a step toward a larger governmental adoption by the City of private sector practices. It should be emphasized that the nationally recognized rating agencies routinely consider a governmental entity's liquidity position as a critical credit factor in assessing credit condition. To the extent that liquidity falls (and thereby increases a need for the government to borrow more funds externally in the public markets), the government's credit position can also deteriorate. Indeed, a decline in cash resources is frequently considered by the rating agencies and the financial community as a harbinger of more substantial financial problems. Therefore, it is important for the City to develop actions that impact positively on the City's liquidity position. Seasonal Borrowings For The City's Liquidity Requirements: The City has continuing seasonal needs. For example, in fiscal 2001, approximately 44% of the City's cash receipts were received in the last four months of the fiscal year, while the City had expenditure requirements throughout the entire year. Because a major percentage of revenues is collected toward the end of a fiscal year, it is necessary for the City to borrow in anticipation of those receipts. Since a majority of State aid is received toward the end of a fiscal year, this factor adds to the City's need to borrow in anticipation of State assistance. As a matter of practice, the City normally sells revenue anticipation notes early in a fiscal year to cover liquidity requirements during the courseof the fiscal year until the large inflow of receipts, particularly State aid, occurs in the last several months. To the extent general operating expenses outpace revenue generation in Buffalo, then it can be expected that the City's liquidity position will also suffer. Increased Size of City's Seasonal Borrowings: For the period, 1991-2000, there were considerable swings to the City's cash borrowing requirements - from a high of $105 million in 1991 to a low of $40 million in 2000. Most recently, however, the City was required to sell $120 million of revenue anticipation notes to cover liquidity needs throughout fiscal 2002. There are several reasons for the increased borrowing in 2002. First, as a result of the well-publicized teachers' settlement, funds which had been available for satisfying seasonal cash needs were no longer available and were employed to meet the financial liabilities associated with the teachers' settlement. Second, restrictions were placed on certain State aid received early in a fiscal year so that this aid could be employed only as a financial resource in the teachers' settlement; these ear-marked funds represented a "spin up" of normal State aid, but the aid was not available for general operating purposes and was replaced only for use much later in the fiscal year, leading to increased seasonal borrowing needs. Third, the delay in the adoption of the State budget forced us to be particularly careful in our expectation of anticipated State assistance for fiscal 2002. Fourth, there were City operations (i.e., water, stadium, and solid waste activities) that received general fund support which had not previously been anticipated, at the same time that City property taxes were decreased. The City's unencumbered cash balance, as of June 30, 2001, declined measurably from the previous Page 18 01-1113-ss0103.txt year's cash balance. The rating agencies have voiced concern about the deterioration in the City's year-end cash position and the associated rise in the City's seasonal borrowing requirements. Comptroller's Role in City's Cash Management: In addition to the Comptroller's responsibilities for selling City revenue anticipation notes cost-effectively, the Comptroller has an obligation to monitor and approve interfund and intrafund transfers. Indeed, the City frequently provides monies for the funding of various capital projects in advance of the issuance of capital debt for this purpose. It should be strongly emphasized that to the extent that advancing cash adversely affects the City's cash position, the Comptroller may, in the future, disallow this tool in order to maintain the City's financial integrity. Alternatively, it may be necessary for the City to investigate the use of bond anticipation notes, in lieu of interfund and intrafund transfers, to fund capital projects in advance of the issuance of long-term bonds. Review of Authorized and Unissued Debt: To advance fund capital projects out of current funds on hand commits the City to a capital project. Thus, the City could advance fund numerous projects at once and significantly exceed the amount of bonds that prudently should be issued by the City. Several months ago, the Comptroller issued a set of debt management guidelines that established limits on the amount of bond indebtedness that the City should issue over the next several years. In light of these debt guidelines, the Comptroller will monitor the amount of cash being utilized for the purpose of advance funding capital projects to make sure that future debt issuances to replenish the cash advances will not exceed the amount of future bonded indebtedness that has been adopted for issuance in the Comptroller's debt management guidelines. At present, the entire authorized but unissued capital program amounts to $million. The Comptroller's Office believes that a review of the entire authorized but unissued capital program should be conducted to determine if a portion of the program can be reduced or eliminated. Use of Budget Stabilization Fund: Both governmental and private entities require "rainy day" funds. It is impossible to predict with 100% accuracy future events and the impact of those events on a large organization's financial operations. As the size of an entity grows, the need to create adequate reserves also increases. Indeed, the rating agencies increasingly expect governments to establish and maintain "rainy day" funds, which are also known as budget stabilization funds. The monies contained in these special funds are not employed as budgetary items each year, but they are used under certain predetermined circumstances, such as significant revenue declines caused by economic deterioration. Objective criteria are often created at the time of the establishment of budgetary stabilization funds, and these criteria limit the employment of these funds to specific events. Many entities have as much as 5-7%, if not more, of annual recurring revenues set aside in budget stabilization funds; in Buffalo's case, for the City itself, this figure would amount to approximately $15 -22 million, but if the Board of Education were included, the figure would rise to $39-55 million on a combined basis. While a budget stabilization fund would be applied to limited budgetary purposes, it could Page 19 01-1113-ss0103.txt still be used to enhance the City's liquidity resources and to cover seasonal cash shortfalls. Over time, as the City's financial and cash condition improved, it would be possible to reduce the use of the budget stabilization fund for covering these annual liquidity shortfalls. Role of Buffalo Municipal Water Finance Authority As the chief financial officer of the Buffalo Municipal Water Finance Authority (the "Water Authority"), the Comptroller has a responsibility to make certain that the debt and financial purposes for which the Authority was created are fulfilled. There were several financial reasons for the establishment of the Water Authority, including the following. First, it was expected that the credit rating on the Water Authority would be higher than that of the City with the associated benefits; that has proven to be the case. Second, it was expected that the Water Authority could remove the need for the City itself to sell general obligation debt for water purposes; that has proven to be the case. Third, it was expected that greater infrastructure enhancements for water purposes could be accomplished through the Water Authority; that has proven to be the case. Fourth, the City would receive an annual financial return (i.e., in excess of $4.0 million per year, plus the payment of debt service on previously issued general obligation water bonds) for the water assets now with the Water Authority. However, as indicated above, the Water Authority most recently is contributing less to the City's general fund than was envisioned at the time of the establishment of the Water Authority, thus adversely affecting the City's cash position. Moreover, the bond rating for the Water Authority is currently in jeopardy and could be lowered in the near future to the same rating that is carried by the City's general obligation rating, if not lower. The advantages envisioned for the Water Authority would be substantially reduced if the Water Authority's rating is reduced. In the interests of the City's liquidity and credit position and in the interests of the Water Authority's overall financial condition, the Comptroller believes that the financial integrity of the Water Authority must be re-established. Proposed Action Plan; City's Liquidity: 1. There is a direct connection between liquidity and financial condition. As the City's liquidity has deteriorated, the City's financial vulnerability has increased. The City should take steps to eliminate subsidized operations by the City's general fund to the Water Authority and the stadium and solid waste activities. 2. The Comptroller's Office endorses the creation and maintenance of a budget stabilization fund. In our opinion, this fund would have two major benefits: (i) it would establish a revenue reserve - something an organization the size of the City of Buffalo should have on a continuing basis; and (ii) it could enhance the City's liquidity condition and reduce the vulnerability to cash shortfalls. The Comptroller's Office proposes an annual, incremental addition to the fund until it reaches a level of 5-7% of budgeted revenues, hopefully reaching a figure of at least $15 million within two years. It is a program that the Board of Education should also adopt. Because of the combined nature of the City/Board cash operations, the discipline created by the proposed program would benefit both organizations, reflected in improved credit features, budget practices and liquidity. 3. The State has created a circumstance whereby most of Page 20 01-1113-ss0103.txt the State aid is received at the end of the City's fiscal year. The City is required therefore to sell large amounts of revenue anticipation notes in advance of the receipt of State aid. The City should propose that the timing of the State's assistance be adjusted to provide a larger portion of State receipts earlier in the City's fiscal year. 4. The Comptroller's Office will evaluate whether the advance funding of capital projects out of current cash should be reduced or eliminated. The Comptroller may disallow this practice in the future to protect the City's financial integrity. At the same time, the Comptroller's Office will review the possibility of utilizing bond anticipation notes in lieu of advance cash funding of capital projects. Based on the results of these reviews, the City's current practices may be significantly altered. 5. The Comptroller's Office is concerned that the advance funding of numerous capital projects simultaneously can commit the City to a program that would exceed prudent debt levels. Therefore, the Comptroller may decide to disallow the advance funding of such capital projects if it appears that the overall size of the capital construction program will exceed the levels of debt affordability previously adopted by the Comptroller. 6.The Comptroller's Office will evaluate whether adjustments should be made to the financial and debt management practices at the Water Authority to re-establish the credit strength and favorable reception that the Water Authority previously enjoyed from the rating agencies and financial community. This change will also be advantageous to the City's own liquidity and credit positions. 7.The Comptroller issued a set of debt management guidelines a year ago. In that document, a limitation was set on the amount of debt that the City can issue annually. In this context, it will be important for the City to review the cur-rent authorized but unissued debt levels to determine whether certain capital projects should be reduced or eliminated in order for the City to live within the constraints of those debt management guidelines. REFERRED TO THE COMMITTEE ON BUDGET, COMMISSIONER OF ADMINISTRATION AND FINANCE, AND BOARD OF EDUCATION NO. 26 CLARIFICATION OF BPS LETTER OF NOVEMBER 5, 2001 I am submitting the attached items to clarify issues within the letter submitted to the Council by the Buffalo School District on November 5, 2001, especially the approximate $24.5 million which the Buffalo School District indicates that was set aside for the Teachers' Back flay Settlement and further Interest earnings on the balance of those funds. It appears that the school district is composing the approximately $24.5 million as follows, with the identified references to the March 1, 2001 letter of Superintendent Marion Canedo and the March 19, 2001 letter of Investment and Debt Management Officer Andrew SanFilippo as to the particular issues surrounding, each amount: $8.549 million (referenced as #2 in both letters) $5.099 million (referenced as #1 in both letters) $3.1 million (this was aid received in the later part of June 2001 and becoming a timing issue as part of the settlement payment nearly a month later in July 2001) $7.8 million fund balance from fiscal year 2000-2001 Page 21 01-1113-ss0103.txt (referenced as #5 in both letters, noting that this figure is fund balance and not necessary supported by cash). It is my hope that these letters articulate the differences in opinion in understanding the above figures. Department Head Name: REFERRED TO THE COMMITTEE ON BUDGET NO. 27 COB CREDIT RATING- J. JOHNSON CURRENT STATUS MOODY'S DELI BERATIONS EXAMINATION Moody's Investors Service, the nationally recognized credit rating agency, recently placed the general obligation bonds of the City of Buffalo (the "City") on its credit watch list with negative ramifications. The purpose of this action was to indicate to the investment community that the credit position of the City had deteriorated, according to the agency, to such an extent that a downgrade could possibly occur in the relatively near future. At present, the City's general obligation rating is assigned to the Baa2 rating category by Moody's, and a downgrade of the City's rating would place It in either the Baa3 classification, the lowest investment grade level, or the Bal category, which is a non-investment grade level. A non-investment grade rating would make the City's debt obligations ineligible for purchase for a large percentage of the institutional investor community and would, in a very practical sense, eliminate the ability of the City to access the normal public bond market. You have asked that this letter set forth the current status of Moody's deliberations and the current areas of examination by the agency. It is our understanding that members of the Buffalo rating committee at Moody's will be meeting on Friday to review the City's current credit position and possibly to take action at that time. The agency has informed us that over the next twenty-four hours, it will require clarification of and additional information on the following four matters: 1. The budget reduction program for the Buffalo Board of Education; 2. The budget reduction program for the City of Buffalo; 3. Confirmation of the $18 million of 2001 fund balance anticipated for the 2002 fiscal year; and 4. Reconciliation of a difference of approximately $19 million between figures contained in the State Comptroller's recent report and those from City sources. Toward this end, we have arranged for a conference call today between Eva Hassell and the appropriate analyst at Moody's. In addition, we are attempting to accomplish a similar conference call today between Rating Shah and the rating agency- Further, you have indicated your willingness to make yourself available to answer any questions that Moody's ynay have regarding the current status of the reconciliation referenced above and any other credit issues. If you have any further questions, please do not hesitate to contact us. RECEIVED AND FILED NO. 28 MOODY'S INVESTORS SERVICE LETTER GENERAL OBLIGATION BONDS I am submitting the attached letter from my financial advisor to the Council in light of the current fiscal situation in the City of Buffalo. Page 22 01-1113-ss0103.txt REFERRED TO THE COMMITTEE ON BUDGET NO. 29 PARKING DEBT EXCLUSION CITY OF BUFFALO DEPARTMENT OF AUDIT AND CONTROL NOTICE OF FILING OF APPLICATION FOR EXCLUSION OF CERTAIN SELF-LIQUIDATING INDEBTEDNESS FROM DEBT LIMITATION OF THE CITYOF BUFFALO PLEASE, TAKE NOTICE the undersigned, Anthony R. Nanula, Comptroller of the City of Buffalo, on October 31, 2001, filed with the Comptroller of the State of New York an application for the purpose of obtaining the allowable exclusion on certain indebtedness which the City of Buffalo may contract on: 800,000 Outstanding City of Buffalo General Improvement Bonds (SeTial) 1971 270,000 Outstanding City of Buffalo General Improvement Bonds (Serial) 1974 320,000 Outstanding City of Buffalo General Improvement Bonds (Serial) 1974 3,785,000 Outstanding City of Buffalo General Improvement Bonds (Serial) 1991 3,488,000 Outstanding City of Buffalo General Improvement Bonds (Serial) 1993 2,305,000 Outstanding City of Buffalo General Improvement Bonds (Serial) 1997 790,250 Outstanding City of Buffalo General Improvement Bonds (Serial) 1998 86,235 Outstanding City of Buffalo General Improvement Bonds (Serial) 1999 11,660,000 Outstanding City of Buffalo General Improvement Bonds (Refunding) 20WC All were issued to finance the con4g4gonof 8 Class "a" (Fireproof) Parking Garage Ramp Buildings, 2 Surface Parking Facilities and f Underground Parking Garage Ramp; all intended to self-liquidating projects. A copy of the application and all financial statements, computations, and other data'-6d information submitted to the State Comptroller in support of such application is on file in the office of the undersigned. Mrs. Lotempio moved: that the Common Council does hereby receive and support The application of the comptroller of the city of buffalo filed with the state Comptroller to obtain the allowable exclusion on the certain undebtness (parking Debt as described in the above Communication ) which the City of Buffalo may Contract. PASSED AYES-11 NOES- 0 NO. 30 FILING OF APPLICATION EXCLUSION ON CERTAIN INDEBTEDNESS PLEASE, TAKE NOTICE the undersigned, Anthony R. Nanula, Comptroller of the City of Buffalo, on October 31, 2001, filed with the Comptroller of the State of New York an application for the purpose of obtaining the allowable exclusion on certain indebtedness which the City of Buffalo may contract on: 800,000 Outstanding City of Buffalo General Improvement Bonds (Serial) 1971 270,000 Outstanding City of Buffalo General Improvement Bonds (Serial) 1974 Page 23 01-1113-ss0103.txt 320,000 Outstanding City of Buffalo General Improvement Bonds (Serial) 1974 3,785,000 Outstanding City of Buffalo General Improvement Bonds (Serial) 1991 3,488,000 Outstanding City of Buffalo General Improvement Bonds (Serial) 1993 2,305,000 Outstanding City of Buffalo General Improvement Bonds (Serial) 1997 790,250 Outstanding City of Buffalo General Improvement Bonds (Serial) 1998 86,235 Outstanding City of Buffalo General Improvement Bonds (Serial) 1999 11,660,000 Outstanding City of Buffalo General Improvement Bonds (Refunding) 2001 -C All were issued to finance the construction of 8 Class "a" (Fireproof) Parking Garage Ramp Buildings, 2 Surface Parking Facilities and I Underground Parking Garage Ramp; all intended to be self-liquidating projects. A copy of the application and all financial statements, computations, and other data and information submitted to the State Comptroller in support of such application is on file in the office of the undersigned. RECEIVED AND FILED NO. 31 REVIEW OF COB SCHOOL DISTRICT TRANSACTIONS Dear Mayor Masiello, Superintendent Can6do, City and School Elected Officials: At the request of City and Board of Education officials, the Office of the State Comptroller conducted a review of City and School District transactions to determine the timing and extent to which City and District cash resources would become depleted during the fiscal year ending June 30, 2002. Additionally, we performed a review of the City and District adopted budgets for the current fiscal year. Our examination of City and District records was generally limited to cash receipts and disbursements for the remainder of the 2001-2002 fiscal year beginning with the cash balance at the close of business on October 19, 2001. Our analysis was based upon representations and records obtained from City and School District officials. We performed limited testing to verify this information, to the extent possible given the time constraints. The methodology used to perform our analysis is set forth in Appendix A. Our projections for future cash flow through the fiscal year end, June 30, 2002, (Appendix B) were based upon analysis of the data made available to us and is presented herein with a number of caveats (Appendix Q. The magnitude of the City and District's financial operations is such that numerous assumptions, calculations and projections must be considered by the City Comptroller's staff in analyzing cashflow and by both entities in preparing their respective budgets. These assumptions and projections are necessarily made in advance of financial transactions and other significant events that may have a material impact on their budgets as well as the receipt and disbursement of cash. As variances from assumptions and projections are identified, corrective actions must be implemented in an expeditious manner to minimize the impact on City and District operations. Findings We believe that the combined City and District will run out of cash in late May 2002. However, we must point out that a Page 24 01-1113-ss0103.txt cash shortfall could occur in November 2001 if either of two events do not occur. We assumed that the City will shortly receive a State Aid payment of $48.6 million (normally received in March) and that the start up funds for certain Categorical Aid programs of approximately $19 Million will be received from the State before December 2001. Should the City not receive all of these revenues soon, the combined cash position could be depleted later this month and the shortfall will increase substantially before real property tax receipts temporarily relieve the situation. In addition, we were unable to determine how much extra State Aid, if any, the City and the District will receive from the State's supplemental budget. Any aid they do receive could reduce the projected cash shortfall. Our analysis indicates that the cash shortfall will begin late in May 2002 and grow to nearly $100 million by the close of the fiscal year end of June 30, 2002. The increase is due in large part to the need for the City to set aside State Aid received in the Spring which was pledged for the issuance of $120 million in Revenue Anticipation Notes (RAN) that must be repaid on June 27, 2002. Our cash flow projection includes the set aside of $33.4 million in the week of April 19'h, 2002; $43.3 million in the week of May 24th, 2002 and $43.3 million in the week of June 28th, 2002; when the notes must be repaid. These cash shortfalls are the result of a combined budget gap of more than $60 million, a large one-time payment to teachers to settle a Buffalo Teachers Federation (BTF) contract dispute as well as cash flow problems that the City experiences most fiscal years primarily because of the timing of certain receipts, particularly State Aid. Approximately $21 million of the $68 million BTF settlement payment in July of 2001was paid with City funds, the balance was comprised of State Aid and loans provided through State intervention. As with many other cities in the State that are faced with declining populations and eroding tax bases (the City's population declined from 328,000 in 1996 to 292,000 in 2000), City officials have been balancing the need to fund necessary services with a need to control real property tax rates and user fees. State aid to the City has increased from approximately million in 1995-96 to $102 million in 2000-2001. During the same period real property taxes levied for City and District purposes declined from $148 in 1995-96 to $141 million in 2000-01. City and School District officials are taking steps to close the budget gaps with staff and other expenditure reductions. It should be noted that the later these measures are implemented, more of them, or their magnitude, will have to occur to close the budget gap by June 30, 2002. City of Buffalo The budget deficit could range from approximately $31 to $ 42 million as follows: The City will receive $31 million less in general purpose state aid than they anticipated in their adopted 2001-2002 annual budget. The City anticipated using approximately $11 million in accumulated fund balance for the 2001-2002 fiscal year. However, as of November 1, because the City's books are not yet closed for the fiscal year that ended June 30, 2001, City officials were unable to confirm to us whether they have sufficient fund balances to cover this amount. The City has initiated action designed to save approximately Page 25 01-1113-ss0103.txt $13.5 million in this year's budget through layoffs of primarily seasonal and temporary employees, a spending freeze, the closing of fire companies on a rotating basis and nearly $5 million less in retirement system costs than were originally budgeted. Currently under review are plans to save an additional $15 million by further layoffs, user fee increases and canceling all City recreation programs. Buffalo Board of Education The budget deficit could range from approximately $28 to $35 million as follows: The School District will receive $22.5 million less in state aid than anticipated in their adopted 2001-2002 annual budget. The budget included provision for approximately 700 students to attend charter schools at a cost of $6 million. There are presently 1400 students attending charter schools resulting in a total expenditure level of about $12 million. Approximately $7 million in appropriated fund balance was included in the 20012002 School District budget. As of November 1, because the District's books are not yet closed for the fiscal year that ended June 30, 2001, officials were unable to confirm to us whether they have sufficient fund balances to cover this amount. School district officials have initiated action designed to save $28 million from this year's budget. The measures include the elimination of 433 teacher and 124 other School District employee positions. Some of these positions are currently vacant. Recently, consideration is also being given to reducing salaries of all staff to reduce the number of layoffs. Recommendations Short-Term Solicit State Education Department officials to expedite the approval and release of categorical project "start up" moneys totaling $19.1 Million. Encourage state officials to expedite the processing and payment of "spin up" moneys totaling $48.6 Million. Review cash balances in other funds, some of which are sizable, to determine whether such moneys could be transferred for use by the General Fund. This review should be done in concert with the Corporation Counsel's Office to identify any legal restrictions that may prevent such transfer or use. Consider separating City and District cash functions. As such each entity would be responsible for their own receipt, disbursement, monitoring and investment activities. This should allow for better oversight of their respective cash transactions and may expedite the identification and remedy of delayed receipts, while improving cash forecasting and therefore investment activity. Implement a structured disbursement process to regulate the timing of payments. Such a process should effectively make disbursement activity more predictable and improve forecasting for investment purposes. Loner Term Develop a multi-year fiscal plan that builds a cash balance sufficient to eliminate the need for large short-term borrowing. Consider changing the City to a calendar fiscal year, so that revenues are better aligned with disbursements. Consider cooperative and consolidation efforts with other local governments. Many such proposals were set forth in the "Who Does What Report" prepared under the auspices of the Buffalo Niagara Partnership. This report, released in January 2001, identifies significant cost savings to the City Page 26 01-1113-ss0103.txt through a variety of service delivery changes. This Office stands ready to assist City and District officials in identifying and evaluating solutions to address the City and District's current financial crises. REFERRED TO THE COMMITTEE ON BUDGET NO. 32 STATEMENT FROM COMPTROLLER H. CARL MCCALL ON BUFFALO'S FINANCES I would like to thank the Council for inviting my staff to appear before you, and for the opportunity to offer assistance as Buffalo's leaders begin the difficult work of addressing their fiscal situation. I pledge to you the support of my Office in helping identify ways to strengthen the City's and District's finances. News reports of the last few days have portrayed a $19 million figure as an unexplained gap that remains after all the analyses have been completed. I would like to make clear that my Office did not suggest that money was missing, or that the management of the City's and District's finances somehow let funds slip away. This is not the case. Our review detailed various issues that will contribute to the amount of a cash shortfall that can be anticipated at the end of the fiscal year if no actions are taken. Much of this projected cash shortfall is a result of the City and School District failing to receive $54 million of State Aid that was budgeted for 2001-2002- Another significant portion of the cash shortfall is caused by the need to set aside cash to repay the revenue anticipation note due in late June. To emphasize, the $97 million figure represents a cash shortfall at the close of the fiscal year. If another date were used, the size of the problem would be different, but it is likely that the underlying issues would be the same. It should also be noted that the shortfall is a projection that should be modified as more current information becomes available. The $19 million figure under discussion represents the difference between the total projected cashfiow shortfall and the amounts attributed specifically to the impact of State Aid, charter school payments and fund balance shortfalls included in the 2001 -2002 budgets. The timing of receipts and disbursements is crucial here in numerous ways. For example, the cashflow is affected by State Aid payments for School programs where the funds do not arrive until well after the fiscal year ends, These are just one example of the many dynamics of balancing the budget at the bottom line. As the Council moves forward to seek remedies and adjustments to the City's finances, I urge you to review carefully the whole picture of City revenues and expenditures, to consider the long-range impact of any proposed changes, and to focus on the need for long-term structural balance. Realigning the City's finances will require the creativity, vision and courage of all of the City's leaders working together towards a common goal while not losing sight of how these changes will impact individuals and Buffalo in the future. I remain confident that Buffalo's leaders, working with its citizens, will craft a plan that will help Buffalo thrive in the future. REFERRED TO THE COMMITTEE ON BUDGET FROM THE PRESIDENT OF THE COUNCIL NO. 33 Page 27 01-1113-ss0103.txt E. BROWN URBAN HOMESTEAD PROGRAM 650 WILLIAM STREET Dear Erma: I have received a copy of your letter to Fred Heinle regarding your interest in acquiring the above property through the Urban Homestead Program. The Urban Homestead Program is a residential program that was established to provide eligible homeowners, living next door to a city owned vacant lot, the opportunity of acquiring the lot for yard expansion and returning the property to the tax rolls, for One Dollar (1.00). The program does not allow vacant land to be homestead for commercial purposes. Therefore, the city can not honor your request to homestead the vacant lot at 650 Wflliam Street. However, the property can be acquired through a negotiated sale where sale price is established by a fair market appraisal of the property. If you are interested in acquiring the property through a negotiated sale, please give me a call and I will place the property on hold for your project. RECEIVED AND FILED NO. 34 D. DALE COMMENTS BROADWAY MARKET COMMENTS BROADWAY MKT BD OF DIRECTORS Recently, you may have received a letter, dated October 22, 2001, from Daniel J. Glowacki regarding the Broadway Market Management Corporation. Mr. Glowacki is the representative appointed by the current County Legislator Gregory Olma. The Broadway Market Board of Directors wishes to clarify that Mr. Glowacki was not acting as a representative of the Broadway Market Management Corporation, but only individually and/or upon behalf of County Legislator Gregory Olma. The Board of Directors would also clarify several inaccurate statements made by Mr. Glowacki. First, the Broadway Market Management Corporation has followed financial procedures and, in fact, implemented additional procedures to place the Broadway market on firm financial footing. No Board Member has ever resigned for any reason such as characterized in Mr. Glowacki's letter. Second, the Market Board of Directors have been issuing monthly statements regarding all financial matters for months and has adopted its first budget since 1999. The budget contains $50,000.00 from a grant from the City of Buffalo which has been authorized and the necessary forms have been submitted to obtain said funds. The adopted budget had no other monies budgeted from any other municipality, including the County of Erie. If Mr. Glowacki would have attended the budget adoption meeting or reviewed the final budget, he would have been aware of this. Thus, the Market faces no deficit as charged by Mr. Glowacki. Third, everyone remembers the Broadway Market was in debt approximately $289,000.00 before the new board was put in place. Mr. Glowacki is accurate in that he was Board Chairman at the time of this deficit. Fourth, the Broadway Market Board of Directors has decided to limit this response to financial inaccuracies stated in Mr. Glowacki's letter. However, the Board's silence on the political/ personal allegations made by Mr. Glowacki should not be seen as agreement with said allegations. It is simply a matter that the Board has many other important tasks and wishes to concentrate on improvement of the Market, and Page 28 01-1113-ss0103.txt not wish to waste either their time or your time addressing petty personal or political charges. Moreover, the Broadway Market Board of Directors would like to assure all elected officials and their employees, including Comptroller Nanula and Tony Farina, that the Board has appreciated their support since the new Board came into being. The Board believes that without all of the various city officials, assistance the Broadway Market would not be on the road to financial recovery. This letter was faxed to all members of the Board for input and represents the Broadway market's official response to Mr. Glowacki's letter. Again, thank you all for your support of the Market and we encourage and welcome your future visit to the great Broadway Market. President and on behalf of the entire BMMC - Board of Directors other than Mr. Glowacki REFERRED TO THE COMMITTEE ON FINANCE NO. 35 E. HARTMKAN-INFO PAYMENTS CONDEMNATION RESERVES We are in receipt of a bill from the City of Buffalo for periods subsequent to those agreed in the MOU. Further, we still have not received reimbursement of the condemnation reserve. As previously stated we will forward payment of outstanding ground rent versus "offset" per your letter, after the condemnation reserve has been received by us. Should you have any questions, please call. REFERRED TO THE COMMITTEE ON FINANCE AND THE BERC AND THE CORPORATION COUNCEL NO. 36 ADELPHIA-COST OF INSTALLATION-DELEVAN GRIDER COMM. CTR. I am in receipt of your letter dated October 11, 2001. In your letter you request a connection of cable service to the Delavan-Grider Community Center. I have reviewed the cost and your request to provide an "in-kind connection". As per our telephone conversation, Adelphia will complete the install if the City agrees to pay for the materials. This cost for materials is $491.41. Adelphia will not charge for the labor. Please send a check to me payable to Adelphia and I will instruct our installation crew to complete the connection within two week thereafter. If you have questions concerning the above, please call me at 558-8590, REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND THE COMMISSSIONER OF PUBLIC WORKS FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS No. 37 Notification Serial #9371 Install No Turn on Red Vulcan Street, northeastbound at Kenmore Avenue NO TURNS ON RED - INSTALL In conformity with Section 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Page 29 01-1113-ss0103.txt 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 (45) days after the first Council meeting at which they appear on the agenda as an item business. That part of the Subdivision I of Section 38 of Chapter 479 of the Ordinances of the City of Buffalo be supplemented by adding thereto the following: TURNS PROHIBITED FACING STEADY RED SIGNAL Vehicles on at Intersection of Effective Period of Time Vulcan Street Kenmore Avenue 7:00 AM - 4:00 PM Traveling south comer Monday - Friday northeastbound This action is being taken at the request of the North District Councilmember in order to improve pedestrian safety while crossing near the new charter school located at Vulcan Street and Kenmore Avenue. Notification Serial # 9372 Permissive Parking - Repeal on Maywood Place, northwest side between Seneca Street and Newman Place PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That 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 Maywood Place, northwest side between Seneca Street and Newman Place PERIOD OF PERMISSIVE PARKING - DAILY 2 hour parking 7 a.m. to 7 p.m. Except Sunday This restriction was posted many, many years ago due to the presence of a Taxi Company and its daily operations. This company has ceased operations and residents of the street desire to have these restrictions removed and alternate parking restrictions put in their place. This action has the support of the District Councilmember.(see next 2 serials) Notification Serial #9373 No Standing - Repeal on Maywood Place, south side between Seneca Street and Newman Place NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. Page 30 01-1113-ss0103.txt That part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY Maywood Place, south side between Seneca Street and Newman Place PROHIBITED PERIOD - DAILY At all times This restriction was posted many, many years ago due to the presence of a Taxi Company and its daily operations. This company has ceased operations and residents of the street desire to have these restrictions removed and alternate parking restrictions put in their place. This action has the support of the District Councilmember.(see previous and next serials) Notification Serial #9374 Install Alternate Parking - Type I Maywood Place between Seneca Street and Newman Place NO PARKING (ALTERNATE - TYPE 1) - 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 repeating existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY Maywood Place, southeast side between Seneca Street and Newman Place Maywood Place, northwest side between Seneca Street and Newman Place PROHIBITED PERIOD 4:00 p.m. Wednesday to 4:00 p.m. Sunday 4:00 p.m. Sunday to 4:00 p.m. Wednesday The current restrictions were posted many, many years ago due to the presence of a Taxi Company and its daily operations. This company has ceased operations and residents of the street desire to have these restrictions removed and alternate parking restrictions put in their place. This action has the support of the District Councilmember.(see previous 2 serials) Notification Serial # 9375 Install Stop Signs (Police Emergency) in Roehrer Avenue at Kingsley Street STOP SIGNS (ALL-WAY) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 9 Section I I of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE Page 31 01-1113-ss0103.txt ENTERING Roehrer Avenue Kingsley Street Notification Serial #9376 Repeal One-Way Street Direction Stanton Street - northbound from Howard Street to Peckham Street ONE-WAY STREET DIRECTION - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: ONE WAY STREET DIRECTION NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT Stanton Street from Howard Street northbound to Peckham Street This action is being taken at the request of the Principal of Stanton Academy #31 as well as Buffalo Public School Assistant Superintendent John P. Fahey in order to provide safe areas for the pupils of Stanton Academy #31 to access and exit school buses in a timely manner and to minimize traffic congestion. (see next 3 serials) Notification Serial #9377 Repeal One-Way Street Direction Stanton Street - northbound from Paderewski Drive to Broadway ONE-WAY STREET DIRECTION - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business, That part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: ONE WAY STREET DIRECTION NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT Stanton Street from Paderewski Drive northbound to Broadway This action is being taken at the request of the Principal of Stanton Academy #31 as well as Buffalo Public School Assistant Superintendent John P. Fahey in order to provide safe areas for the pupils of Stanton Academy #31 to access and exit school buses in a timely manner and to minimize traffic congestion. (see last and next 2 serials) Notification Serial #9378 Install One-Way Street Direction Stanton Street - southbound from Broadway to William Street ONE-WAY STREET DIRECTION - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer Page 32 01-1113-ss0103.txt hereby notifies You Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: ONE WAY STREET DIRECTION NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT Stanton Street from Broadway southbound to William Street This action is being taken at the request of the Principal of Stanton Academy #31 as well as Buffalo Public School Assistant Superintendent John P. Fahey in order to provide safe areas for the pupils of Stanton Academy #31 to access and exit school buses in a timely manner and to minimize traffic congestion. (see last 2 and next serial) Notification Serial #9379 Install One-Way Street Direction Stanton Street - northbound from Howard Street to William Street ONE-WAY STREET DIRECTION - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies You Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: ONE WAY STREET DIRECTION NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT Stanton Street from Howard Street northbound to William Street This action is being taken at the request of the Principal of Stanton Academy #31 as well as Buffalo Public School Assistant Superintendent John P. Fahey in order to provide safe areas for the pupils of Stanton Academy #31 to access and exit school buses in a timely manner and to minimize traffic congestion. (see last 3 serials) Notification Serial #9380 Repeal One-Way Street Direction Sherman Street - southbound from High Street to William Street ONE-WAY STREET DIRECTION - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: Page 33 01-1113-ss0103.txt ONE WAY STREET DIRECTION NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT Sherman Street southbound from High Street to William Street This action is being taken at the request of the Principal of Stanton Academy #31 as well as Buffalo Public School Assistant Superintendent John P. Fahey in order to provide safe areas for the pupils of Stanton Academy #31 to accessioned exit school buses in a timely manner and to minimize traffic congestion. (see next 2 serials) Notification Serial #9381 Install One-Way Street Direction Sherman Street - northbound from William Street to Broadway ONE-WAY STREET DIRECTION - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies YOL Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: ONE WAY STREET DIRECTION NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT Sherman Street from William Street NORTHBOUND to Broadway This action is being taken at the request of the Principal of Stanton Academy #31 as well as Buffalo Public School Assistant Superintendent John P. Fahey in order to provide safe areas for the pupils of Stanton Academy #31 to access and exit school buses in a timely manner and to minimize traffic congestion. (see last and next serials) Notification Serial #9382 Install One-Way Street Direction Sherman Street - southbound from High Street to Broadway ONE-WAY STREET DIRECTION - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies You Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: ONE WAY STREET DIRECTION NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT Sherman Street southbound from High Street to Broadway This action is being taken at the request of the Principal of Stanton Academy #31 as well as Buffalo Public School Assistant Superintendent John P. Fahey in order to provide safe areas for the pupils of Stanton Academy #31 to access Page 34 01-1113-ss0103.txt and exit school buses in a timely manner and to minimize traffic congestion. (see last 2 serials) Notification Serial #9383 Install Alternate Parking - Type 11 Stanton Street between Howard Street and Broadway NO PARKING (ALTERNATE - TYPE 11) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Stanton Street, west side 9:00 a.m. - 4:00 p.m. between Howard Street Thursday, Friday and Broadway Stanton Street, east side 9:00 a.m. - 4:00 p.m. between Howard Street Monday, Tuesday, Wednesday and Broadway This action is being taken in order to update our records to reflect current postings in place since 1984 alternate parking installation. Notification Serial #9384 Install Alternate Parking - Type 11 Sherman Street Between Howard Street and Peckham Street In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Sherman Street, east side between Howard Street 9:00 a.m. - 4:00 p.m. and Broadway Thursday, Friday Sherman Street, west side between Howard Street 9:00 a.m. - 4:00 p.m. and Broadway Monday, Tuesday, Wednesday This action is being taken in order to update our records to reflect current postings in place since 1978 alternate parking Page 35 01-1113-ss0103.txt installation. Notification Serial #9385 Install Alternate Parking - Type I Sherman Street between Paderewski Drive and Broadway NO PARKING (ALTERNATE - TYPE 1) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Sherman Street, east side between Paderewski Drive 4:00 p.m. Wednesday to and Broadway 4:00 p.m. Sunday Sherman Street, west side between Paderewski Drive 4:00 p.m. Sunday to and Broadway 4:00 p.m. Wednesday This action is being taken in order to update our records to reflect current postings in place since 1978 alternate parking installation. #9371 & 75 RECEIVED ANF FILED #9372-74,76-85 REFERRED TO THE COMMITTEE ON LEGISLATION No. 38 Change in Contract Machnica Community Center Construction General Construction I hereby submit to Your Honorable Body the following changes for the Machnica Community Center, Construction, General Construction, Summit Construction Group, C #91983800. 1. Cost for additional interior signage. Add $ 1,168.40 The foregoing change results in a net increase in the contract of One Thousand One Hundred Sixty Eight and 40/100 Dollars ($1,168.40). Summary: Current Contract Amount $2,838,984.37 Amount of This Change Order (#11) Add $ 1,168.40 Revised Contract Amount $2,840,152.77 Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini, Tries) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 35321106 445100 -Division of Buildings. I request that Your Honorable Body authorizes the Page 36 01-1113-ss0103.txt 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 November 5, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 11, to Summit Construction Group, an increase in the amount of $1,168.40, as more fully described in the above communication, for work relating to Machnica Community Center, Construction, General Construction, C #91983800. Funds for this project are available in CPF 35321106 445 100 - Division of Buildings. Passed AYES- 11 NOES-0 NO. 39 Edward Saunders Unity Building Expansion Revised Plan Per your request, enclosed are a set of original plans for the Saunders Building Expansion and revised plans to phase the project and keep the first phase within the available budget. REFERRED TO THE COMMITTEE ON FINANCE NO. 40 Hampton Inn and Suites - Request Permission to Occupy R.O.W on Cary St. #138 of 10/30/01 Mr. Richard Franco of Benderson Development has previously submitted to Your Honorable Body a request for the Hampton Inn to occupy a portion of the right of way on the north side of Cary St. between South Elmwood and Delaware Avenues. The purpose of their request was to approve a scheme to allow angle parking on Cary St. for the Hampton Inn. Upon reviewing this request our department has no objection to the scheme proposed as it does not change the operation of Cary St. and still provides a sidewalk on both sides of the street. Having the street remain open and a sidewalk on both sides were primary concerns of the Cary St. residents which surfaced as part of a earlier scheme which proposed to close off this section of Cary St. to through traffic. The current plan was approved with conditions by the Planning Board at their meeting of 11/7/01. Also after a meeting with the Federal Building they have no objections to the scheme with certain conditions that we are awaiting in written form. Pending approval of the proposed plan by Your Honorable Body our department will submit a standard R.O.W. encroachment item with all conditions as stipulated by the Planning Board and the Federal GSA for your approval. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 41 Permission to enter into a lease agreement for the use of E. Ferry Water Tank Cricket New York Property Co. has offered to enter into a lease agreement with the Buffalo Water Board for the installation of radio communications equipment on a Page 37 01-1113-ss0103.txt portion of the E. Ferry St. water tower addressed as 1 Junction RR. In exchange for allowing this installation, Cricket will pay the Water Board monthly rent of $2,300 with a three percent increase each year. A copy of the proposed lease is attached. The Operations Agreement between the City and the Board requires the Board to seek the City's approval before entering into any property leases. It is, therefore, respectfully requested that the Common Council allow the Buffalo Water Board to enter into the attached lease agreement with REFERRED TO THE COMMITTEE ON FINANCE NO. 42 REPORT OF BIDS LARGE METER REPLACEMENT PROJECT Plans and specifications were prepared and sealed proposals accepted for the Large Meter Replacement Project. I submit the attached report of bids received which were opened in my office at 11:0 a.m. on October 30, 2001. Bidder: Total Base Bid Radio Read Equip.1 Yr. Financing John W. Danforth Co. $689,900.00 1940 Fillmore Ave. Buffalo, New York 14214 W.C. Roberson Plumbing $787,575.10 602 East Delavan Buffalo, New York 14211 Kandey Company, Inc. $1,089,975.00 19 Ransier Drive West Seneca, New York 14224 Thielsch Engineering, Inc.`N/A Alternative Bid Alternative Bid (Items 13.10-13.30) (Item 14.10) $42,875.00 $60,000.00 $65,227.00 $72,000.00 $221,375.00 $200,000.00 N/A N/A ** The bid package received from Thielsch Engineering, Inc. is considered non-responsive that the Proposal Form did not include figures for comparison of bids, and that the proposal was submitted as an alternate to work described by Contract Specifications. I certify that the foregoing is a true and correct statement of all bids received that John W. Danforth Company is the lowest responsible bidder complying with specifications for the Large Meter Replacement Project with the bid of $732,775.00 (Bas( Alternative Item 13.10-13.30). I respectfully requestthat your Honorable Body authorize the Commissioner of Pub Works, Parks and Streets to enter into a contract with John W. Danforth Company in Amount of $732,775.0 plus 10% for approved unit prices for a total encumbrance $806,053.00.Funds are available in the Division of Water's Capital Project Funds. The Engineer's estimate for this work was $800,000.00. MRS. LO TEMPIO MOVERD: THAT THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS BE AND BE HEREBY IS AUTHORIZED TO ENTER INTO A CONTRACT WITH JOHN W. DANFORTH COMPANY IN THE AMOUNT OF $732,775.00 PLUS 10% FOR APPROVED UNIT PRICES FOR A TOTAL ENCUMBRANCE OF $806,053.00 FUNDS ARE AVAILABLE IN THE DIVISION OF WATERS CAPITAL Page 38 01-1113-ss0103.txt PROJECT FUNDS. PASSED 11-AYES O-NOES NO. 43 REPORT OF BIDS FILTRATION PLANT TURBIDIMETER PROJECT Plants and specifications were prepared and sealed proposals accepted for Filtratic Plant Turbidimeter Project. I submit the attached report of bids received which were opened in my office at 11:00 a.m. on November 2, 2001. Frey Electric Construction Co., Inc. $183,250.00 100 Pearce Avenue Tonawanda, New York 14150 Tunney Electric, Inc. $190,817.00 8565 Roll Road Clarence, New York 14032 Weydman Electric, Inc. $266,130.00 74'7 Young Tonawanda, New York 14150 I certify that the foregoing is a true and correct statement of all bids received E that Frey Electric Construction Company, Inc. is the lowest responsible bidder company with the specifications for the Filtration Plant Turbidimeter Project with the bid $183,250.00. This project is to bring the Treatment Facility up to regulatory company regarding turbidity readings and recording. I respectfully request that your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to enter into a contract with Frey Electric Construction Company Inc. in the amount of $183,250.00 plus 10% for approved unit prices for a total encumbrance of $201,575.00. Funds are available in the Division of Water's Capital Project Funds. The Engineer's estimate for this work was $200,000.00. MRS. LO TEMPIO MOVED THAT THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS BE AND BE HEREBY IS AUTHORIZED TO ENTER INTO A CONTRACT WITH FREY CONSTRUCTION COMPANY, INC IN THE AMOUNT OF $183,250.00 PLUS 10% FOR APPROVED UNIT PRICES FOR A TOTAL, ENCUMRACE OF $201,575.00 FUNDS ARE AVAILABLE IN THE DIVISION OF WATERS CAPITAL PROJECT FUNDS. PASSED 11- AYES O-NOES FROM THE COMMISSIONER OF POLICE No. 44 Temporary Closing - Main Street:] 435 C.C.P. Oct. 16,2001 Deputy Commissioner Mark Blankenberg met with the Mayor and officials from HSBC to review this request several weeks ago. Their concerns as well as available options were discussed. Based on this meeting we have no objection to closing the single lanes on Main Street from Exchange to Seneca. RECEIVED AND FILED FROM THE COMMISSIONER OF FIRE NO. 45 Page 39 01-1113-ss0103.txt FIRE COMPANY ROTATION Per your request, attached are the response times survey's which show the effects of the temporary closings and manpower reports for October 19 - 25, 2001. Respectfully submitted, REFERRED TO THE COMMITTEE ON BUDGET NO. 46 FIRE COMPANY ROTATION Per your request, attached are the response times survey's which show the effects of the temporary closings and manpower reports for October 26 - November 1, 200 1. Respectfully submitted, REFERRED TO THE COMMITTEE ON BUDGET NO. 47 FIRE DEPARTMENT RESPONSE-HAZARDOUS INCIDENTS ON RAILWAY SYSTEM #184 C.C.P. OCTOBER 30, 2001 Incidents of terrorism differ from hazardous materials incidents only in their genesis. An accidental train derailment of cars carrying hazardous chemicals along rail lines in the City of Buffalo would create the same scenario and similar challenges for our Hazardous Materials team as a terrorist-induced chemical release. This reasoning is consistent with what is being taught nationally about terrorist events; that is, that our fire suppression and hazardous materials responses are essentially the same in terrorist-induced incidents. It is only that the terrorist event is intentional as opposed to accidental. We can utilize our hazmat and fire suppression capability to deal with incidents of terror. Quietly in the last five years the Buffalo Fire Department has been developing a response to this new threat of terrorism. Our Hazardous Materials team has grown into a capable force. Our new Hazardous Material apparatus (Hazmat) and the equipment outfitted on the apparatus bring many state-of-the-art capabilities. This apparatus and equipment was purchased with terrorism grants. We still have many issues of training that go along with this new equipment and continuous training will become essential. The departments line chiefs are reasonably educated in this area and extremely capable of making decisions in emergency situations. They do it every day, perhaps not on a huge scale, but all chiefs have been through incident command courses and tabletop exercises which simulate large-scale disasters. CSX conducts eight training drills for Buffalo each year, these drills are valuable because they help us critique are response protocols and standard operating procedures. Respectfully submitted, REFERRED TO THE COMMITTEE ON LEGISLATION NO. 48 GRANT FOR PLYMOVENT EXHAUST SYSTEMS The Buffalo Fire Department has received a $2,500 grant from Erie County for the purchase of plymovent exhaust system parts for firehouses. I am requesting these funds be approved for expenditure by our department to upkeep the exhaust systems. Mrs. LoTempio moved: That the above communication from the Department of Fire Page 40 01-1113-ss0103.txt dated October 26, 2001, be received and filed; and That the Commissioner of Fire be, and he hereby is authorized to accept a grant in the amount of $2,500 from Erie County for the purchase of plymovent exhaust system parts for firehouses. PASSED AYES -11 NOES - 0 FROM THE CORPORATION COUNSEL NO. 49 FEASIBILITY OF PROPERTY BOND FOR OUT-OF-STATE BUYERS OF CITY-OWNED PROPERTY ITEM NO. 151, C. C.P., 7/10/01 The above item be and the same is hereby received and filed. ADOPTED NO. 50 PERSONAL LIABILITY FOR UNPAID TAXES ITEM NO. 3 1, C.C.P., 9/5/00 You have requested a response from the Law Department regarding the question of whether the City could pursue personal liability for unpaid taxes after the property has gone into foreclosure. Under Section 926 (2) of the New York State Real Property Tax Law, a person who owes unpaid taxes can be held personally liable. However, when the obligation becomes past due, the City must elect a remedy. It can either pursue the individual personally if such individual lives within the taxing jurisdiction, or the City can sell the property at public auction. Once the property is sold, the debt to the City is satisfied. There would then be no basis to pursue an action to recover any additional sums from the individual. While personal liability does exist for those who reside in the taxing jurisdiction, those who do not are subject only to foreclosure. In Rem proceedings exist to recover outstanding obligations generated by and from the property regardless of where the owner resides. It allows the City to sell the property and from the proceeds, satisfy any liens or taxes that have attached to the property. If there is a surplus from the sale, those proceeds shall be returned to the former property owner unless a valid claim is made against it. REFERRED TO THE COMMITTEE ON BUDGET FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 51 FORMER SCHOOL NUMBER 62-(376 URBAN STREET) ITEM NO. 163, C.C.P. JUNE 26, 2001 I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with t following information. It is my understanding that corrections needed on the aforementioned property have be completed. The Chief Building Inspector charged with the inspection of this property has stated that compliance with t pertinent building codes has been attained. It is my sincere hope that this response satisfies your inquiry. RECEIVED AND FILED NO. 52 R. FRANCO-BENDERSON-REQ. OCCUPY PORTION OF Page 41 01-1113-ss0103.txt CARY STREET ITEM NO. 79, C.C.P. 10/2/2001 I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. It is my understanding that this type of request falls under the jurisdiction of the Department of Public Works. Additionally, any use of public thoroughfares for private use would effect the mobility and accessibility of emergency service vehicles. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 53 L. ROBINSON-CARY STREET PHOTOS (HAMPTON INN) ITEM NO. 73, C.C.P. 10/16/2001 I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with t] following information. I am in receipt of and compiled the following information. As of this writing, Chief Building Inspector Thomas Brodfuehrer has had contact with a representative of Benderson Development. Chief Inspect Brodfuehrer has been informed that City of Buffalo, Department of Public Works employees are to clear the debris from the side walk area, supply and install a sub-base and provide for temporary asphalt paving for the sidewalk area bell discussed. The completion of the site work., which includes fencing trees and decorative pillars, are conditions listed (Conditional Certificate of Occupancy Number 92. I wish to inform your Honorable Body that we are awaiting the fin approved drawings from the plan review office and are also awaiting a decision from the Department of Planning fi definitive site work plans to be approved and become a permanent part of the construction and Building Permit file. wish to uniform your Honorable Body that we in the Department of Permit and Inspection Services will pursue the safe violations to be corrected and will work with the Department of Strategic Planning in the final disposition of the site work. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 54 USED CAR DEALER 227 FILLMORE Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 227 Fillmore and rind that as to form it is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I rind it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Peter Rybinski. The attached thereto for Peter Rybinski d/b/a A & L Motors. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 55 SECOND HAND DEALER 1598 ELMWOOD Pursuant to Chapter 254 of the City of Page 42 01-1113-ss0103.txt Buffalo Ordinances, please be advised that I have examined the attached application for a Second Hand Dealer License located 1598 Elmwood and find that as to form it is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Peter Gatti. The attached thereto for Peter Gatti d1b/a Gatti Jewelers. T1 request is submitted for your approval or whatever action you deem appropriate. Mrs. Lotempio Moved: That the Commissioner of Permit and Inspection Services be and be hereby is Authorized to grant a second hand dealer license to peter Gatti d/b/a Gatti Jewelers at 1598 Elmwood PASSED AYES -11 NOES - 0 FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 56 CITY OF BUFFALO GENERAL FUND BUDGET GAP ANALYSIS 31,000,000 Original Aid Request, Including Spin-up Aid of $19.1mil (5,253,929) Pension Savings adjusted for Transfers Realls Out (500,000) Grant In Aid Freeze (570,724) Close Two Fire Companies (102,464) Overlay Savings (166,000) Eliminate Exempt Raises (923,684) Personnel Savings (1,000,000) Departmental Cuts Including Strict Attrition Control (8,516,801) Total Savings 22,483,199 City of Buffalo General Fund Revised Need (1,581,442) Remaining Grant in Aid (2,741,102) Capital Outlay Freeze (2,000,000) Block Grant Shift (3,830,675) Salary Adjustment, No raises 2001-2002 PBA, 282, 650,2651 (2,400,000) 20.9% Water Rate Increase Jan 1, 2002 (800,000) 20% Increase User Fee Jan 1, 2002 (550,553) Departmental Cuts (534,998) Debt Service Savings 8,044,429 (14,438,770) REFERRED TO THE COMMITTEE ON BUDGET FROM THE COMMISSIONER OF COMMUNITY SERVICES NO. 57 APPOINTMENT - ACTING SENIOR COUNSELOR JAMES MATTHEWS I am appointing Mr. James Matthews, 104 Richmond Avenue, Buffalo, New York 14222 as Acting Senior counselor within the Division of Substance Abuse services for a period of 90 days, commencing on November 5, 2001. Mr. Matthews is presently working as a permanent Page 43 01-1113-ss0103.txt Counselor III at salary step 5 which is $32,762.14. Salary step 1 for Senior Counselor is $32,750.12. Therefore, I am appointing Mr. Matthews at salary step 2 which is $33,982.72. I hereby certify that Mr. Matthews is duly qualified to perform the duties of Senior Counselor and also holds the most seniority of employees who applied for this position. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE ZONING BOARD OF APPEALS NO. 58 J.FEGGANS & O-OPP. RE-ESTABLISHING DELICATESSAN 278 E. DELAVAN ITEM NO. 100, CCP 10/30/01 Please be advised that there are no pending applications for 278 E. Delavan. Property owners will be notified of any public hearing approximately 10 days prior should an application be filed. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE BOARD OF EDUCATION NO. 59 BUFFALO CITY SCHOOL DISTRICT BUDGET IMPACT MESSAGE FROM THE SUPERINTENDENT OF SCHOOLS OCTOBER 2001 Attached reductions from the School Board REFERRED TO THE COMMITTEE ON BUDGET NO. 60 SUPPLEMENTAL DATE FILED BY BUFFALO PUBLIC SCHOOLS In response to the documents filed at the November 2, 2001 Common Council Meeting, the following is given to supplement the items filed by the Buffalo Public School District. 1) The items filed with the Common Council by the City Comptroller primarily are documents relating to the City budget and are not directed to the Buffalo Public Schools ["BPS"] or its finances and accordingly no response by the BPS is given. 2) The BPS has provided reconciliations of its actual revenues and expenditures to the New York State Comptroller's Draft Cash Flow analysis demonstrating that the BPS figures are accurate. Those reconciliations were previously filed with the Buffalo Common Council. 3) The City Comptroller verbally requested the BPS on one occasion in May, 2001 to assist in expediting receipts of cash revenues due to the City's then cash position. The BPS fully cooperated with that request. There were no further requests or disclosures concerning the City's cash position by the City Comptroller to the BPS, until late September, 2001 when the City Comptroller addressed the Board of Education relating primarily to bond sale issues. 4) The BPS set aside approximately $ 24.5 million in principal for the Teachers' Back Pay Settlement and further interest earnings on the balance of those funds. Cash fund balances reserved by the BPS for the Teachers' Back Pay Settlement totaled approximately $71.5 million with a payout of approximately $68 million. These reserved funds actually Page 44 01-1113-ss0103.txt assisted the City's cash position during the previous fiscal years. The City Comptroller used the monies set aside by the BPS for the Teachers' Back Pay Settlement to pay for other purposes, without the consent of the BPS. While this is the prerogative of the City Comptroller as the City's chief fiscal officer, the need to use those funds for other City purposes should have been an indication then that a weakened cash position already existed. 'The assertion that the Teachers' Back Pay Settlement paid out in August 2001 contributed to the current weakened cash position does not account for the cash set aside by the BPS for that purpose. 5) The BPS is a fiscally dependent school district, and as such has no control over the timing of the monies that it receives from the State of New York. The information concerning the New York State Aid to Education payments to the BPS has always been available to the City Comptroller from the State of New York. 6) The BPS has requested in past years that its cash management be segregated from the City's cash and that interest costs and earnings attributable to that cash flow be attributed to the BPS. The BPS has cooperated fully with the City Comptroller, City Government and New York State Comptroller in attempting to evaluate the City's current cash position. We will continue to cooperate in that regard. The fiscal management of the BPS has dramatically improved in recent years, and we have continually ended the year fiscal year with surpluses and had balanced budgets. To that end we have recently needed to make the very difficult decisions requiring the reduction of $28 million from our 2001 -2002 budget, necessitating the elimination of approximately 550 positions. No document has been filed with the Superintendent of Schools or the Buffalo Board of Education contrary to the above. REFERRED TO THE COMMITTEE ON BUDGET FROM THE BUFFALO MUNICIPAL HOUSING AUTHORIT17 NO. 61 MEMORANDUM OF AGREEMENT BUFFALO MUNICIPAL HOUSING AUTHORITY LOCAL 264, AFSCME, AFL-CIO, AND BLUE- COLLAR UNIT We respectfully request that your Honorable Body consider and approve the attached Memorandum of Agreement between BMI-IA and Local 264, AFSCME, AFL-CIO, Blue Collar Unit. The Memorandum of Agreement is a for a four (4) year period, commencing July 1", 2000 through June 0h , 2004, and provides a wage increase of 3% for each of the four years of the agreement and a 33% increase in the longevity schedule, that is identical to the increases negotiated and agreed to for BMHA employees represented by Local 264 White Collar Unit. In addition, there were concessions by both parties on medical insurance, work force changes and other benefits as outlined in the agreement. The Board of Commissioners of the Authority approved the Memorandum of Agreement at their regular Board Meeting of September 20, 2001. A certified extract of the minutes of the meeting is attached. If this Memorandum of Agreement is approved by your Honorable Body and by the Mayor, it must then be submitted to the New York State Division of Housing and Page 45 01-1113-ss0103.txt Community Renewal for their consideration and concurrence. The New York State Division of Housing and Community Renewal requires that your approval of these items include a specific acknowledgement that the operating costs of the Authority's; State sponsored Public Housing Program may incur increases that the City of Buffalo under the loan and subsidy contract must fund in addition to any deficit the Authority may incur in its State sponsored operation. It is anticipated that the net dollar cost of this Agreement including salary and longevity schedules for 129 employees would total approximately $1,765,439 for four years. The State portion that the city must fund for the four-year period would total approximately $161,914. This represents an average annual increase in the deficit payment in the amount of $ 40,479. Thank you for your consideration in this matter. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 62 REVISED REVITALIZATION PLAN FOR LAKEVIEW HOMES HOPE VI GRANT NO. NY06URD0021197 Dear Honorable Members of the Common Council: Please refer to our letter to you of July 19, 2001, a copy of which is attached. Since the date of that letter (a) more residents have moved into Phase I of Lakeview, (b) the State of New York has approved $13,800,000 of tax-exempt bonds and as-of right tax credits, $2,750,000 of Housing Trust Funds and $1,000,000 of Empire Funds to assist with construction of Phase 11 of Lakeview, and (c) Buffalo Municipal Housing Authority ("BMHA"), the City of Buffalo and the Plaintiffs in the Comer v. Cuomo Consent Decree have reached agreement on how to proceed with compliance with the Consent Decree, The Comer Plaintiffs, BMHA, HUD and the State of New York now all agree that completion of the Lakeview revitalization in accordance with the revitalization plan previously submitted to the Common Council of the City of Buffalo should proceed now. The revitalization plan requires the phased demolition of all 666 units on old Lakeview in accordance with the agreement reached with plaintiffs counsel. We hereby respectfully request that the Common Council approve Phase 11 of the Revitalization Plan, including complete demolition of all 666 existing Lakeview units. It is imperative that the Common Council act favorably on this request so that demolition contracts can be entered into by December 1, 2001 and work can be commenced prior to year end. If that timetable is not met, then the developer has advised us that all work will have to be rebid, which will result in increased costs and a likely delay of Phase II of the project until 2003. That delay would also jeopardize all State funding that is currently in place (as more particularly described above), We at BMHA and our counsel, as well as Michael Hanley and Linda Hassberg (counsel to the Comer Plaintiffs) are available to answer any questions you or your staff may have regarding this request. Very truly yours, BUFFALO MUNICIPAL ROUSINQAUTHORITY REFERRED TO THE COMMITTEE ON BUDGET Page 46 01-1113-ss0103.txt FROM THE CITY CLERK NO. 63 DISPOSITION OF RECORDS Attached please find the following disposition of records from the following departments: AUDIT AND CONTROL GENERAL SERVICES COMMON COUNCIL COMMUNITY DEVELOPMENT HUMAN SERVICES RECEIVED AND FILED NO. 64 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 1192 Seneca StGregory B. & Tami M. GouldGregory B. & Tami M. Gould 1850 Seneca StDeubell'sMaryellen Deubell RECEIVED AND FILED NO. 65 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: x Public Works, Streets & Parks- Eli Hazzan x Police- Jeffrey Tucker, Justine Harris x Fire- Michael Mitchell, David Schieber, X Corporation Counsel- Patricia Pancoe, David State x Administration and Finance- Robert Sienkiewicz RECEIVED AND FILED. NO. 66 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: X City Planning Board XBuffalo Preservation Board Meeting RECEIVED AND FILED. NO. 67 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. REFERRED TO THE COMMITTEE ON CIVIL SERVICE CERTIFICATE OF APPOINTMENT Appointment Effective: October 8, 2001 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 October 29, 2001 in the Department of Administration and Finance, Division of Parking Enforcement to the Position of Laborer II, Seasonal Page 47 01-1113-ss0103.txt Non-Competitive at the Flat Starting Salary of: $8.15/hr Harry Vick, Jr., 18 Garner Avenue, Buffalo 14213 Michael E. Pugsley Jr., 74 Edson St., Buffalo, NY 14210 Certificate of Appointment Appointment Effective: November 8, 2001 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II, Seasonal, Non-Competitive at the Flat Starting Salary of $8.15/hr Darryl E. Balance, 91 Landon, Buffalo, NY 14208 Mashi J. Booth, 373 E. Utica Street, Buffalo, NY 14208 Nicholas G. Derfert, 103 Pontiac Street, Buffalo, NY 14206 Sam A. Fasanell, 605 Starin Avenue, Buffalo, NY 14216 Kevin L. Hall, 2002.Delaware Ave., Apti, Buffalo, NY 14216 Ricky E. Jenkins, 286 Reed Street, Buffalo, NY 14211 Mark E. Mosca, 588 Dorrance, Buffalo, NY 14218 Michael A. Moss, 54 Montclair, Buffalo, NY 14215 Appointment Effective: November 5, 2001 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II, Seasonal, Non-Competitive at the Flat Starting Salary of $ 8.15/hr Michael C. Liberta, 164 Lancaster Avenue, Buffalo, NY 14222 Certificate of Appointment Appointment Effective: November 6, 2001 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II, Seasonal at the flat Starting Salary of $8.15/hr Catrell Beasiey, 37 Beiter Walk, Buffalo, NY 14215 Certificate of Appointment Appointment Effective: November 5, 2001 in the Department of Public Works, Parks, Streets, Division of Parks to the Position of Laborer II, Seasonal Starting Salary of: $ 8.15/hr Gerald Betingne, 925 West Avenue, Buffalo 14213 William Cornell, 115 15th Street, Buffalo 14213 Daniel Griffith, 608 Tonawanda, Buffalo 14207 Jason Stock, 46 Britt, Buffalo, NY 14220 Sue Beutler, 35 Melrose, Buffalo 14220 Roxanne Carey, 88 Hartwell, Buffalo 14216 Vincent McCarthy, 595 Linden, Buffalo 14216 Korry Smith, 568 West Utica, Buffalo 14213 NO. 68 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Certificate of Appointment Appointment Effective: November 3, 2001 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary - 6 month Appointment at the Flat Starting Salary of $10.25/hr Michael A. McCool,181 Kentucky Street, Buffalo 14204 Dennis E. Schollard, 41 Kimberly Avenue, Buffalo 14220 Certificate of Appointment Appointment Effective: November 2, 2001 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Senior First Class Stationary Page 48 01-1113-ss0103.txt Engineer, Temporary - 6 months Appointment at the Flat Starting Salaryof $10.25/hr Kevin G. McCarthy,146 Hollywood Avenue, Buffalo 14220 Certificate of Appointment Appointment Effective October 31, 2001 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Senior First Class Stationary Temporary - 6 month Appointment at the Starting Salary of: $ 10.25/hr Edward F. Anken, 73 Houston Street, Buffalo 14220 John A. Loughran, 205 Marine Drive, Apt. 7A, Buffalo 14202 Keith M. Rathbun, 239 Cumberland Avenue, Buffalo 14220 William R. Young, 374 McKinley Parkway, Buffalo 14220 Certificate of Appointment Appointment Effective October 30, 2001 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary - 6 month Appointment at the Flat Starting Salary of $ 10.25/hr Paul Calmes Sr., 159 Como Ave, Buffalo, 14220 Daniel J. Schamann, 149 Marine Drive, Apt. 8C, Buffalo 14202 David B. Walker, 1838 South Park Avenue, Buffalo 14220 Certificate of Appointment Appointment Effective October 29, 2001 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary 6 month Appointment at the Flat Starting Salary of $ 10.25/hr John M. Meegan, 137 Eden Street, Buffalo 14220 Certificate of Appointment Appointment Effective November 12,2001 in the Department of Public Works, Parks Streets, Division of Recreation to the Position of Special Service Instructor, I TA(as required) Appointment at the Flat Starting Salary of $ 6.75 Sarah Van Alstine 371 Villa Buffalo NY 14216 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTIUNCES NON-OFFICIAL COMMUNICATIONS NO. 69 C. FISHER BRADLEY, DART & DANFORTH BLOCK CLUBS-POLICE LAYOFF CONCERNS Dear Mr. Michaux: I hereby submit for filing copies of a letter from members of the Bradley, Dart, and Danforth Area Block Clubs. The members of the Club are inquiring about whom is responsible for police layoffs. We are addressing this letter to you, but we are sending a copy to each Councilperson, as well as the Police Commissioner, because we have no idea who is actually responsible for police lay offs. You claim to be concerned about the decaying neighborhoods of Buffalo and we, the taxpayers, who live here. If that is true, then please use your influence to make sure that the rumor of 100 police officer lay-offs is just that - a rumor - not a fact. We are sure that the protected area in which you live does not have a big crime problem, but it is a problem in the neighborhoods where we must live. In a decaying city, like Buffalo, we need less talk about casino gaming, less nostalgic day dreaming about Buffalo's Pan American Expo past and more concern about keeping Page 49 01-1113-ss0103.txt Buffalo from becoming "Atlantic City - North". Atlantic City, where there is a lively play place on t shore and sad, depressing, no hope neighborhoods. Is that what you want for Buffalo? Than don't cut our Police Protection. Get that light rail built out to the UB Campus - North and get those college kids (and their money) into the city. But make sure that the tax payers that live in most of 13uffalo,s neigh- borhoods are not held hostage by dope dealers, scum, vandals and the other low types that are probably not a problem where you live. We need our police!! Are you reading us? Please pay attention to us - even if you are running unopposed please, listen to us!! Other letter available in City Clerk's Office for review RECEIVED AND FILED NO. 70 C. FISHER M EDWARDS REQ ASSISTANCE DELI WESTON/ EASTON Dear Mr. Michaux: I hereby submit for filing copies of a letter from Mona Lisa Edwards, President of the Weston Avenue Block Club. Ms. Edwards is requesting assistance in dealing with the deli store at the comer of Weston and Easton. Attachments (4) available for review in City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION.. THE COMMISSIONER OF PERMITS. CORPORATION CONSEL AND THE COMMISSIONER OF POLICE NO. 71 REQ SECURITY ASSISTANCE AMERICAN WATER WORKS I hereby submit for filing copies of a letter from Edward R. Hook, Jr, a business Representative for the International Union of Operating Engineers. Mr. Hook is requesting the assistance of the council to get the American Water Services to boost the security of their facilities. Dear President Pitts and Honorable Council Members: In light of the recent tragedy in New York City, the issue of this letter to some may possibly be of small consequence. We believe that what we are going to tell you is not. While other Water Authorities have increased their security at their facilities and our own Sewer Authority has increased its' security, American Water Services has not. Some months ago the security guard stationed at the Colonel Ward Pumping Station was removed. There has been no security to speak of at the Massachusetts Street Pumping Plant either. American Waters' response to the heightened security has been to work the Maintenance Assistants to "guard" the plants. It is incredulous that while the City increases the security for all other City facilities, the City owned, American Water managed, Water Department is not getting the same consideration. The drinking water of Buffalo's residents is at risk and all American does is put on the Maintenance Men who are not trained security guards. While they do their own job magnificently, they should not be guarding the City of Buffalo water supply. Our attempt to reach Mr. Campalong has gone unanswered. We find it interesting that Mr. Campalong took the Maintenance Assistants off their shifts when it meant cutting the company's' cost (read: more profits to our stockholders, never mind service to the City of Buffalo residents), but put Page 50 01-1113-ss0103.txt them back on after concerns about maintaining services during an emergency. Our members, residents of Buffalo, will greatly appreciate anything you can do for us. Thank you for your kind attention to this important matter. Very truly yours, Edward R. Hoock, Jr. Business Representative RECEIVED AND FILED NO. 72 T. MCKAVEY-REQ PART DEV/REDEV BFLO SCHOOLS I hereby submit for filing copies of a letter from Terrence D. McKelvey, Attorney At Law. Mr. McKelvey is expressing interest in participating along with his firm in the development and renovation of the Buffalo Public Schools through the Joint School Construction Board. Dear Mayor Masiello: I am taking this opportunity to express my interest in participating, along with the firm of James L. Magavern, Esq., as legal counsel in the development and renovation of the Buffalo Public Schools through the Joint Schools Construction Board. In a recent conversation with Mr. Magavern, he indicated his understanding of the importance of diversity on this project. He further stated that he looks forward to the possibility of us working together in this endeavor. As you know, I have a long history of providing assistance to the City of Buffalo. I've completed significant work in the area of property acquisition in collaboration with Mr. Fred Heinle. Under the auspices of the then City Comptroller, Joel Giambra, I served as co. counsel in the execution of certain City Financial Bond projects. Further, I very successfully represented Mr. Israel Roizman and Lakeview Associates'98 LLC in their property procurement for the development of the Westside of Buffalo. Mr. Carlo DiRienzo, of that office, has contacted me and requested that I again represent them in their future development endeavors. Our law firm is a multicultural Minority Business Enterprise. The background and experience of the individual members of the firm is significant and uniquely qualifying for the type of work anticipated by the Joint Schools Construction Project. For your review and consideration, I've attached a copy of a pamphlet that profiles our law firm. Thank you in advance for any consideration and assistance you may be able to provide on our behalf. REFERRED TO THE COMMITTEE ON EDUCATION AND THE JOINT SCHOOL CONSTRUCTION BOARD NO. 73 M. MILLER HAZ CONDITION 2830 MAIN ST I hereby submit for filing copies of a letter from Michael Miller, a concerned citizen of the city of Buffalo. Mr. miller is requesting assistance regarding a hazardous tree in front of his home. Attachments (4) I have tried several time to contact you regarding the tree that you helped me with removal some months ago. There was another incident involving that same tree today A limb from the tree fell into the street in front of my home at 2830 Main Street, striking a automobile. Each time the clean up crew has come out to my home they Page 51 01-1113-ss0103.txt limit their activities to cleaning up, unfortunately the tree remains and is now a hazzard. Any assistance that you could provide would be most appreciated. Thank you, in advance for your kind assistance. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSINER OF PUBLIC WORKS NO. 74 K. TYLER REQUEST PKG LOT 80 OAKGROVE AVE I hereby submit for filing copies of a letter from Kathleen Tyler, the owner of the E-M Tea Cup Caf‚. Ms. Tyler is requesting the assistance from the council to create a parking lot around the building she owns. Dear Mr. Fisher: My husband and 1, are the owners of the EM Tea Coffee Cup Cafe'. Above the cafe, we a own five apartments. The cafe is located on the comer of Oakgrove and Hughes. This is a very congested comer. We purchased two loading zones around the building for loading and unloading however, several people park in them illegally and we have to notify the DOT and police daily. Last year we purchased a lot from the city and we would like permission of the Council to create a parking lot. This would allow "traffic relief' to the neighborhood and parking for our tenants, customers and our own vehicles. We are willing to follow all guidelines to make the lot aesthetic pleasing to the surroundings. We would like information about proceeding with these plans. RECEIVED AND FILED NO. 75 K. TYLER-REQ. ASST. -NO PKG. SIGNS OAKGROVE AVE I hereby submit for filing copies of a letter from Kathleen Tyler, a resident of Oakgrove Avenue. Ms.Tyler is requesting the assistance of the council to post "No Parking " signs on her narrow street. Attachments (4) Dear Mr. Fisher: I reside on Humboldt Parkway near Oakgrove Avenue. This section of Humboldt Parkway has a concrete median across the street from my house. The issue is that people are parking their cars on both sides of the street. This creates a problem of getting in and out of our driveway. This also impedes the passage of garbage trucks and emergency vehicles. I have notified the Buffalo Police and the Department of Transportation several times to no avail. The DOT explained that in order to ticket these cars a "No Parking" sign has to be posted. I do not know if signs were once posted before and removed, but people knew not to park there because of the narrow street. I would like to know if I could receive any assistance from your office in resolving this matter. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMISSIONER OF PUBLIC WORKS NO. 76 REV WILLIAM WILSON REQ TAKEOVER JFK CTR OPERATING PROG. I hereby submit for filing copies of a letter from Reverend Doctor William S. Wilson, Pastor of Friendship Baptist Church. The Pastor is requesting the possibility of his church taking over the operations/programming of the JFK Page 52 01-1113-ss0103.txt Community Center. Attachments (4) Dear Councilman at Large Fisher: I have been the pastor of the Friendship Baptist Church for the past two years. We have been fortunate to expand many of the programs that benefit the community, such as the Sister-to-Sister Program, which assist young women from the age 13-18 to deal with issues related to school, life skills, and citizenship. United Brothers which assist young men from age 12-18, to teach them life skills, school preparation, and citizenship. The Tutorial Service which assist all students with their homework, assist in developing good study habits, and further assist them with computer skills in our computer lab. We have reached the point in which our present facilities are too small and hindering our ability to reach out to more young people in our neighborhood. We would like to meet with you to discuss the possibility of Friendship Baptist Church taking over the operations/programming of the JFK Community Center. It is our understanding that the city has worked with many not-for-profit organizations in which these organizations were responsible for the programming and operations of these city owned community centers. We would like to discuss with you ways in which we could function in the same capacity. I will be contacting you within the next few weeks in order to schedule a meeting between us to discuss these matters. Sincerely submitted, REFERRED TO THE COMMITTEE AND THE DTRECTOR OF STRATEGIC PLANNING NO. 77 T. WOODS -CONCERNS REMOVAL CIVIL SERVICE LIST -SEC GUARD BD ED I hereby submit for filing copies of a letter from Thunrian Woods, an applicant for the position of security guard for the Board of Education. Mr. Woods feels that he has been wrongfully removed from the civil service list. Attachments (4) REMOVAL FROM CIVIL SERVICE LIST WITHOUT DUE PROCESS I, Thurman Woods, am a City of Buffalo resident who was blessed to score highly on the civil service test for security guard for the Board of Education. I was canvassed and had hope of receiving the opportunity to interview for employment. Attached is a civil service form letter stating that my name would be removed from the civil service list, unless I contact Elizabeth Timineri for an appointment to appear before the civil service administration no later than October 22, 2001. Councilman Fisher this certified letter was delivered to me by the postman on Tuesday, October 23, 2001. By the time I received the letter on Tuesday, October 22 ad , it was beyond the deadline specified in the letter of October 22, 2001 to contact Elizabeth Timineri for an appointment to oppose removing my name front the Civil Service list. I did call the Civil Administration on October 23, 2001 as soon as I received the letter, and expressed my strong opposition to being removed from the Civil Service list. I had one incident on New Year's day in 1995 with an over zealous police officer (Alicia King) who has since been removed from the police force. Although the charges were Page 53 01-1113-ss0103.txt thrown out, the one misdemeanor has haunted me and caused me pain and suffering. Although it was New Year's Day, and I was parked, because my keys were in the ignition, I was charged with a technical DWI and eventually had to serve 90 days in jail in 1997. I have worked as a security guard for Sweet Home High School for a year after this incident, and have over ten years experience in law enforcement. I am well qualified for the position, which I am pursuing. Thurman Woods 393 Cornwall Avenue, Buffalo, New York 14211 Councilman Fisher, it is the Civil Service Administration's responsibility to send out letter in time to assure delivery in time to meet their arbitrarily set deadlines. The postman delivered the Civil Service notice after the deadline! Why should I be denied due process, my opportunity to explain the one incident that is threaten my livelihood and opportunity to earned a decent living! A six-year-old misdemeanor should not disqualify me from civil service. It doesn't disqualify me from paying property taxes, or garbage fees. Please fight to have me reinstated to the Civil Service list. I can be reached at (716) -894-7688. Thank you for your assistance. REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE COMMISSIONER OF HUMAN RESOURCES NO. 78 ITEM #214, C.C.P. JUNE 12, 200 1 JOINT SCHOOLS CONST. BD." As we discussed, I am enclosing Mr. Francis' response to the questions raised in your letter of October 30, 2001. Please file the enclosed response with the Common Council. Thank you for your assistance in this regard. Very truly yours, MAGAVERN, MAGAVERN & GRIMM, L.L.P. JOINT SCHOOLS CONSTRUCTION BOARD Enclosed for filing in each of your offices are copies of the following fully executed contracts of the Joint Schools Construction Board: (a)Contract with Douglas Francis (assigned to Francis LLC) and Contract with Public Financial Management. Pursuant to Section 2.5 of the Agreement between the Joint Schools Construction Board of the City of Buffalo and Douglas R. Francis dated September 19, 2001 (the "Agreement"), I hereby assign the aforementioned Agreement, including any and all payments to be made thereunder, to Francis Program Management, LLC, a company wholly owned by me. Notices may continue to be sent to the address listed in the Agreement. This assignment shall be effective as of October 1, 2001. REFERRED TO THE COMMITTEE ON EDUCATION NO. 80 J. MAXFIELD HAGUE-INFO NOISE IMPACT To the Editor A proposed massive expansion of the Delta Sonic car wash-plus-gas and lube station-plus-detail shop at 1264 Main Street entailing 50% increase in area through demolition of the historic Mid-City Office Furniture building, doubling the number of gas pumps, enlarging the convenience store and adding a drive-through and Page 54 01-1113-ss0103.txt restaurant will seriously degrade the environment of the nearby residential areas comprising Linwood Avenue and Barker, Bryant, Ellicott, and Coe streets. Noise emanating into residences from car wash fans and associated machinery, which usually operate from early morning until late in the evening, has annoyed many residents from 180 to 242 Linwood Avenue, and is in violation of Buffalo's noise ordinance, which specifies that noise level increases of 5 or more decibels in any octave band are "excessive or unreasonable." In addition, operation of diesel generators (which have usually been kept silent during Delta Sonic's attempts at project approval) and increases in traffic noise from additional cars approaching and leaving the expanded service plaza will diminish the residential character of the neighborhoods. Delta Sonic's huge "campus" would extend 0.2 mile along Main Street from the Erie County Medical Center Downtown Clinic (alcoholism and methadone) at 1280 Main across Barker Street to 1192 Main St. , south of Coe St. The writer is a registered professional engineer with nine years of experience in environmental noise impact analysis. If the present community noise impact is intolerable (which it is), it seems quite unlikely that the proposed massive expansion won't worsen the residential environment. The Planning Board at 901 City Hall or the Common Council will be negligent if they allow the proposed expansion. RECEIVED AND FILED NO. 81 D. MIKA, AGENT, REQUEST ILLUMINATED GROUND SIGN-ALDI'S -3060 MAIN ST. Attached please find a request pertaining to the above for an illuminated ground sign at 3060 Main St. Per the determination of the Corporation Counsel, it requires Council Approval but no advertisement of a public hearing. Mrs. LoTempio moved: That the above communication from Daniel Mika, be received and filed; and That the petition of Daniel Mika, agent, for permission to use 3060 Main Street for an illuminated ground sign be, and hereby is approved. PASSED AYES -11 NOES - 0 NO. 82 N. NAPLES-POOLING OF CASH BALANCES FOR INVESTMENT PURPOSES Dear Local Official: Earlier this year the "Who Does What?" Commission formed by the Buffalo Niagara Partnership issued its report regarding a financial and management analysis of local government services. Included among the Commission's 17 recommendations was one that suggested "...the County of Erie take the lead in exploring available options that would allow municipalities and districts within the geographic borders of the county to pool available cash balances for investment purposes. " Taking action on that recommendation, this Office distributed a survey to at least one official of the 108 cities, towns, villages, school districts, fire districts, and board. of cooperative educational services in Erie County. In a letter dated August 3, 2001 we informed you of the results of that survey, and concluded: Page 55 01-1113-ss0103.txt 1 . That there was very little interest in the idea of forming a new cooperative where investing decisions and administrative tasks would be a local responsibility; 2. That the immediate needs of respondents who expressed an interest in pooling their available cash balances for investment purposes would be satisfied if they joined one of the existing cooperatives, as a number of local municipalities have already done; and 3. That local banks did not at that time have an investment alternative that allowed a municipal entity to realize returns similar to what they could earn by participating in an existing investment cooperative unless they had significant available cash balances. As a further effort by this Office to assist eligible entities, we challenged the local banking community by requesting that they develop a new investment product, jointly and/or individually, designed to meet the ongoing needs of Erie County municipal corporations. The Request for Proposal (RFP) issued by this Office emphasized that any product offered should allow all entities, regardless of size, the opportunity to earn market rates of return. The RFT' also required respondents to provide information as to the collateralization of amounts deposited and the reports that would be provided to entities, Additionally, the RFP specified that any monies invested would be done separately by each entity, and not as part of a cooperative arrangement. Four local banks responded to our request. Although each proposal which met the basic criteria in the RFP presented a viable short term investment option for local entities, the proposal from JPMorgan Chase best meets the needs of small and medium sized entities. Some significant features of JPMorgan Chase's "Erie County High Yield Money Market Account" are described below. More detailed information about this new account is provided on the attached FACT SHEET, including the names and telephone numbers of JPMorgan Chase representatives who can answer any questions you may have about the account. The account yield will be the same as that which has only previously been available to entities having at least $1 million in the Chase Premier Government Money Market Account. The yield will be available to any entity having a balance of as little as $10,000. Interest is compounded daily and paid monthly. Each entity will have its own separate account. Each account will be properly collateralized and a third party custodian can be used to hold the collateral. Over the past 51 months, the Premier Account top tier yield has been very competitive with the returns of established cooperative investment programs. Each municipal corporation has individual needs and must make individual decisions about how and where to invest its available cash. This is but one option that allows an entity (especially those with smaller available cash balances) to earn favorable short-term returns while still having adequate liquidity. Just as existing investment pools (CLASS-Cooperative Liquid Assets System and NYLAF-New York Liquid Asset Fund) were not right for everyone, this new option may not meet everyone's needs, nor should it be the only type of investment alternative considered. However, it meets the needs of the majority of smaller entities, allowing them to earn higher rates of return. I am pleased to have been able, along with JPMorgan Page 56 01-1113-ss0103.txt Chase, to make this additional investment option available to you. I believe this initiative will prove to be but one of many that the general public can point to in the future, of municipal officials seizing the opportunity to think not only of how they can achieve their own objectives, but also how they might be able to help others in the process. Through collaboration and cooperation, our entire community will benefit. As always, this Office is available to assist area entities in any way possible. If you have any questions, please do not hesitate to contact me directly. REFERRED TO THE COMMITTEE ON FINANCE PETITIONS NO. 83 P. STRADA, AGENT, USE 928 BROADWAY FOR AN ILLUMINATED POLE SIGN. (HRG. 11/20) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 84 T. THIELMANN-AGENT USE 657 CLINTON FOR A PARKING LOT (HRG. 11/20/2001) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL NO. 85 OPPOSE ROTATIONAL -CLOSING OF FIREHOUSES Kindly accept for filing the enclosed petitions in opposition to the rotational closing of Firehouses here in the City of Buffalo. The undersigned citizens hereby express their opposition to the closing by affixing their signatures thereto. Each of the following signatures represents a voice proclaiming opposition to the proposal to close the City's budget gap via subjecting it's citizens to increased exposure to all of the dangers that accompany the proposed reduction of services offered by the Fire Department. RECEIVED AND FILED NO. 86 IRON ISLAND PRESERVATION SOCIETY OF LOVEJOY, INC. OPPOSE FIREHOUSE CLOSING To Whom It May Concern: We are hereby presenting petitions regarding that the protection of the residents, and taxpayers of the City of Buffalo be maintained at the highest level. We do not want Firehouses closed either on a temporary or permanent basis. Also, we are against the rotation system as that leaves residents unprotected as the response time increases in emergencies. REFERRED TO THE COMMITTEE ON BUDGET AYES - BONAFACIO, COPPOLA, FISHER, GOLOMBEK, GRANT, LOTEMPIO, MARTINO, PITTS, THOMPSON, WILLIAMS - 10 NOES-FONTANA - 1 Page 57 01-1113-ss0103.txt NO. 87 B. GRANT D KNIGHT AND OTHERS PETITION REQ NEW CURBS ON AMHERST ST BTWN COMSTOCK & BAILEY Please file the enclosed correspondence with the Buffalo Common Council for the next full council meeting to be held Tuesday, November 13, 2001. Thank you for your attention to this matter. If you have any questions, please feel free to contact my office- Dear: City hall We the people of Amherst St. in between Comstock Ave. and Bailey Ave. Demand that you fix our curbs! We are tired of buying new tires for our cars and trucks. And our relatives and friend who come to visit, getting busted tires and flats tires because of the metal sticking out of our curbs. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS REGULAR COMMITTEES CIVIL SERVICE (BARBARA A. MILLER-WILLIAMS, CHAIRPERSON) NO. 88 W. JONES-CONCERNS-FIRE DEPT. (CIT. RIGHTS) (CCP#72-MAY 1, 01) That the above item be and the same hereby is received and filed, ADOPTED NO. 89 W. JONES-CONCERNS-FIRE DEPT. (CIT. RIGHTS) (CCP#63-JULY 10, 01) hat the above item be and the same hereby is received and filed. ADOPTED NO. 90 W. JONES-CONCERNS-FIRE DEPT. (CIT. RIGHTS) (CCP#66-OCT. 30, 01) hat the above item be and the same hereby is received and filed. ADOPTED NO. 91 STATUS/UPDATE COB EEO/AFFIRM. ACTION PLAN (HR) (#70, 4/17) (CCP# 121 -JUNE 12, 0 1) That the above item be and the same hereby is received and filed. ADOPTED NO. 92 R. HICKS- AXA-DEFERRED COMP. PLAN (CP) (CCP#34-APR. 17, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 93 R. HICKS-AXA-DEFERRED COMP. PLAN (COMPT) (CCP#27-MAY 1, 01) That the above item be and the same hereby is received and filed. ADOPTED Page 58 01-1113-ss0103.txt NO. 94 R. HICKS-AXA-DEFERRED COMP. PLAN (RR) (CCP# 111 SEPT. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 95 APPOINTMENT BLDG. PLANS INSPECTOR (MAX) (PERMITS/INSP.) (ITEM NO, 63-C.C.P. OCT. 30, 200 1) That Communication 63, Oct. 30, 2001 be received and filed and the provisional appointment of Mario Sirianni stated above at the maximum salary of $43,809 effective on October 24, 2001 is hereby approved. PASSED AYES -11 NOES - 0 NO. 96 APPOINTMENT PRINCIPAL STOCK CLERK (PERM) (INTER) AMENDED (A&F) (ITEM NO. 64-C.C.P. OCT. 30, 2001) That Communication 64, Oct. 30, 2001 be received and filed and the permanent, appointment of Henry Stahl stated above at the intermediate salary of $27,194 effective on August 27, 2001 is hereby approved. PASSED AYES -11 NOES - 0 NO. 97 INFO-MEMO. AGREE./SAL. SCHEDULE-BNMA/AFSCW L.9264 (#53, 9/18) (BNMA) (CCP#88-OCT. 16, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 98 B. WILLIAMS-D. TETI-ENG. VACANCIES-BN4EA (CCP#81-OCT. 16, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 99 B. WILLIAMS-D. TETI-ENG. VACANCIES (BN4:HA) (CCP#72-OCT. 30, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 100 NOTICES OF APPTS. -TEMP. /PROV. /PERM. (C. CLK.) (CCP#80-OCT. 30, 01) That the above item be and the same hereby is received and filed. ADOPTED FINANCE (BETTY JEAN GRANT, CHAIRPERSON) NO. 101 Page 59 01-1113-ss0103.txt SELLING OF CAP. BONDS - MASTEN DISTRICT PROPERTY (ITEM NO. 221, C.C.P., SEPT. 19, 2000) (ITEM NO. 16 1, C.C.P., DEC. 26, 2000) 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 COMPT. RESPONSE - SELLING OF CAP. BONDS - MASTEN DISTRICT PROPERTY (ITEM NO. 223, C.C.P., SEPT. 19, 2000) (ITEM NO. 20, C.C.P., JAN. 23, 2001) 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 RESULTS OF NEGOTIATIONS - 264 GRANT STREET (ITEM NO. 19, C. C.P., OCT. 3 0, 200 1 ) That the offer from Mr. Victor M. Alicea and Ms. Adelaida Cotto, residing at 262 Grant Street, in the sum of Two Thousand and Eight Hundred Dollars ($2,800.00) for the sale of 264 Grant Street, be and is hereby accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser, and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -11 NOES - 0 NO. 104 RESULTS OF NEGOTIATIONS - 45 PROVIDENCE STREET (ITEM NO. 10, C. C.P., SEP. 4, 200 1) (ITEM NO. 127, C.C.P., SEPT. 18, 2001) 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. 105 CITY ACQUISITION OF THE COMMUNITY SPRINGBOARD FACILITY - 1415 FILLMORE AVENUE (ITEM NO. 179, C.C.P., DEC. 12, 2000) (ITEM NO. 102, C.C.P., DEC. 26, 2000) 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. 106 B. WILLIAMS-J. PETERS-REQ. FULL COST EST.-EMERG. RENOV.-MASTEN PLAYGROUND Page 60 01-1113-ss0103.txt (CCP#76-OCT. 16, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 107 HERMAN ST. BETW. GENESSEE/BEST-REPLACEMENT-TREES/SIDEWALKS (#33, 12/12)(CP) (CCP#102-OCT. 16, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 108 B. WILLIAMS-ELDER R. DEBOW-PARDON-PRAISE TEMPLE (01, 9/18) (CCP#121-OCT. 30, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 109 B. WILLIAMS-ELDER R. DEBOW-PARDON-PRAISE TEMPLE-704-706 WILLIAM ST. (ASSESS) (CCP#37-OCT. 30, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 110 TRADE-IN OF EQUIPMENT (ITEM NO. 50, C.C.P., OCT. 30, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Ms. Grant moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to trade-in five vehicle numbers SR-25, 26, 3 5; S- 1295, 113, 603, 6 94, 605 and 606 toward the purchase of tandem axle dump chassis from the existing bid of #7089 as stated in the above communication. PASSED AYES -11 NOES - 0 NO. 111 PURCHASE A STEP VAN (ITEM NO. 5 1, C.C.P., OCT. 30, 200 1) 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 LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 112 P. CARROLL, PETITION TO USE 65 GOODELL - ILLUMINATED POLE SIGN (ITEM NO. 94, C. C.P., OCT. 3 0, 200 1) That after the public hearing before the Committee on Legislation on November 7, 2001, the petition of P. Carroll, for permission to use 65 Goodell for an illuminated pole sign be, and hereby is approved with the following conditions: Page 61 01-1113-ss0103.txt 1. That the illuminated ground sign be no higher than 6'. 2. That the sign be limited to the primary tenant only. PASSED AYES -11 NOES - 0 NO. 113 D. MASTERS, PETITION TO USE 1182 AMHERST STREET - GROUND ID SIGN (ITEM NO. 95, C. C.P., OCT. 3 0, 200 1) That after the public hearing before the Committee on Legislation on November 7, 200 1, the petition of D. Masters, agent, for permission to use 1182 Amherst Street for a ground identification sign be, and hereby is approved PASSED AYES -11 NOES - 0 NO. 114 C. KLAHN, PETITION TO USE 224 ALLEN STREET - RESTAURANT WITH 2 APARTMENTS (ITEM NO. 96, C.C.P., OCT. 30,2001) That after the public hearing before the Committee on Legislation on November 7, 2001, the petition of C. Klahn, agent, for permission to use 224 Allen Street for a restaurant with two (2) apartments be, and hereby is approved PASSED AYES -11 NOES - 0 NO. 115 S. TUCKER CURTIN, PETITION TO USE 3165 MAIN STREET - RESTAURANT ACCESSORY BAKERY & OFFICES (ITEM NO. 98, C. C.P., OCT. 3 0, 2001) That after the public hearing before the Committee on Legislation on November 7, 2001, the petition of S. Tucker Curtin, owner, agent, for permission to use 3165 Main Street for a restaurant with accessory bakery and offices be, and hereby is approved PASSED AYES -11 NOES - 0 NO. 116 CLEMENTS, PETITION TO USE 534 COLVIN AVENUE - TELECOMMUNICATIONS TOWER (ITEM NO. 82, C.C.P., OCT. 16, 200 1) 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 October 23, 2001, the petition of T. Clements, agent, for permission to use 534 Colvin Avenue for a telecommunications tower be, and hereby is approved. PASSED AYES -11 NOES - 0 NO. 117 RE-APPOINTMENT MEMBERS TO THE BUFFALO PRESERVATION BOARD (ITEM NO. 3, C.C.P., OCT. 30, 2001) That the re-appointment of John M. Laping, FAIA, 1098 Delaware Avenue, Apt. 15J; of Sam Gurney, 772 Potomac Avenue; and Paul Carroll, 39 Park Street of members of the Buffalo Preservation Board for terms expiring August 31, 2004 be, and hereby is approved. Page 62 01-1113-ss0103.txt PASSED AYES -11 NOES - 0 NO. 118 RE-APPOINTMENT MEMBERS TO THE CITY PLANNING BOARD (ITEM NO. 4, C. C.P., OCT. 3 0, 200 1) That the re-appointment Susan Curran Hoyt, 21 St. Andrew's Walk; of Henry Bums, 47 Beard Avenue; and Horace A. Gioia, 259 Middlesex Road as members to the City Planning Board for terms expiring October 9, 2004 be, and hereby is approved. PASSED AYES -11 NOES - 0 NO. 119 NOTIFICATION SERIAL #9357-58, REPEAL ON FOREST AVENUE, ETC. (ITEM NO. 38, C.C.P., OCT. 30, 2001) That pursuant to Subdivision 3 of Section 33 of Chapter 479 of the Code of the City of Buffalo, the changes to the traffic ordinances (Chapter 479 of the City Code) of Notification Nos. 9357-58 be received and filed and that Notification Nos. 9359-61, and 9369-70, be and hereby are denied, as more fully described in the above communication. ADOPTED NO. 120 REQ. CONDUCT TRAFFIC STUDY-MAIN/HIGH MED. CORRIDOR/FRULTBELT COMM. (CCP#228-JULY 24, 01) That the above item be and the same hereby is referred to the committee on Community Development. ADOPTED NO. 121 TRAFFIC CONCERNS ALONG S. ELMWOOD AVE. BETWEEN EDWARD/VIRGINIA STS. (PW) (CCP#55-OCT, 30, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 122 REQ. TRAFFIC SIGNAL-INTERSECTION OF PARKRIDGE/LISBON AVE. (PW) (CCP#52-OCT. 30, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 123 REQ. PERM.-INSTALL SIDEWALK CAF6-658 MAIN ST. (PW)(#123,10/16)(#125,10/2)1'#35,7/10) (CCP#140-OCT. 30, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 124 J. CIPOLLA, USE 658 MAIN-SIDEWALK CAF6 (#124,10/16)(#5,10/2)(PLAN. BD.) Page 63 01-1113-ss0103.txt (CCP#141-OCT. 30, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 125 USED CAR DEALER LICENSE - 2312 BAILEY AVENUE (ITEM NO. 62, C. C.P., OCT. 3 0, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to James Dingeldey, d/b/a Infinity Auto, located at 2312 Bailey Avenue. PASSED AYES -11 NOES - 0 NO. 126 L. ROBERTSON-CARY ST. PHOTOS (CCP#73-OCT. 16, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 127 C, FISHER-D. HILL-WAKEFIELD AVE. BIK CLUB-REQ. SIGNS (CCP#68-OCT. 16, 01) That the above item be and the same hereby is referred to the Special Committee on Police Reorganization. ADOPTED NO. 128 B. GRANT-H. FERON-CURBING-TYLER ST. (CCP#69-OCT. 16, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 129 CURBING TYLER ST. (PW) (CCP#46-OCT. 30, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 130 R. FONTANA-P. GAUTHIER-REQ. PLAYGROUND ON ROHE ST. (CCP#78-OCT. 2, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 131 R. FONTANA-P. GAUTHIER-REQ. PLAYGROUND ON ROHE ST. (PW) (CCP#30-OCT. 16, 01) That the above item be and the same hereby is received and filed. ADOPTED Page 64 01-1113-ss0103.txt NO. 132 PLAYGROUND ON ROHR (SIC ROHE) ST. (FIRE) (CCP#39-OCT. 16, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 133 SECURITY FOR BUFFALO WATER DEPARTMENT (CCP#163-OCT. 2, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 134 SECURITY FOR BUFFALO WATER DEPT. (PW) (CCP#34-OCT. 16, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 135 B. WILLIAMS-E. HOOCK-AMER. WATER SVS.-SECURITY MEASURES (CCP#79-OCT. 16, 01) That the above item be and the same hereby is received and filed. ADOPTED COMMUNITY DEVELOPMENT (BEVERLY A. GRAY, CHAIRPERSON) NO. 136 BERC-MICRO/SMALL BUS. LOAN PROGRAMS-ACTIVITY REPORT (BERC) (CCP#67-OCT. 2, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 137 BERC-MICRO/SMALL BUS. LOAN PROG.-ACT. RPT.-STATUS OF APPR. LOANS (BERC) (CCP#73-OCT. 30, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 138 B. WILLIAMS-DR. R. WILLERT-STATUS-CRAWDADDY'S REST. (CCP#81-JULY 10, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 139 TRANSFER OF TITLE, URBAN HOMESTEAD - 215 EAST NORTH STREET (ITEM NO. 23, C. C.P., OCT. 3 0, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio moved: That the city-owned property commonly known as 215 East Page 65 01-1113-ss0103.txt North Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Herbert Bridgers and Mrs. Maggie Bridgers, residing at 207 East North Street, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -11 NOES - 0 NO. 140 TRANSFER OF TITLE, URBAN HOMESTEAD - 141 MASTEN AVENUE (ITEM NO. 24, C. C.P., OCT. 3 0, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio moved: That the city-owned property commonly known as 141 Masten Avenue, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Willie L. Harden, residing at 147 Masten Avenue, in the amount of $ 1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -11 NOES - 0 NO. 141 TRANSFER OF TITLE, URBAN HOMESTEAD - 120 MONTANA AVENUE (ITEM NO. 25, C.C.P., OCT. 30, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio moved: That the city-owned property commonly known as 120 Montana Avenue, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Ms. Elizabeth Ann Williams, residing at 116 Montana Avenue, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -11 NOES - 0 NO. 142 TRANSFER OF TITLE, URBAN HOMESTEAD - 483 NORTHAMPTON STREET (ITEM NO. 26, C. C.P., OCT. 3 0, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio moved: That the city-owned property commonly known as 483 Northampton Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Letcher Ross and Mrs. Juanita Ross, residing at 487 Northampton Street, in the amount of $1.00 (One Dollat' and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a Page 66 01-1113-ss0103.txt sanitary manner. PASSED AYES -11 NOES - 0 NO. 143 TRANSFER OF TITLE, URBAN HOMESTEAD - 233 SWEET STREET (ITEM NO. 18, C.C.P., SEPT. 18, 2001) (ITEM NO. 173, C.C.P., OCT. 30, 200 1) That the city-owned property commonly known as 233 Sweet Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Ms. Margorie Dunovant, residing at 239 Sweet Street, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -11 NOES - 0 NO. 144 TRANSFER OF TITLE, URBAN HOMESTEAD - 65 AND 69 TOWNSEND STREET (ITEM NO. 16, C. C.P., SEPT. 4, 200 1) (ITEM NO. 175, C.C.P., OCT. 30, 200 1) That the city-owned properties commonly known as 65 and 69 Townsend Street, are hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute deeds transferring said properties to Mr. Larry Hardy, residing at 67 Townsend Street, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the properties are cleared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -11 NOES - 0 EDUCATION (CHARLEY H. FISHER, III, CHAIRMAN) NO. 145 INFO BFLO ALT HS OPENING SCHOOL BLDGS FOR COMM ACCESS (BOE) (CCP#74-MAY 29, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 146 RE-NAMING OF ALL HIGH STADIUM (BD. ED.) (CCP#69-OCT. 20, 01) Mr. Fisher moved that the above item be recommitted to the Committee on Education. ADOPTED. RESOLUTIONS NO. 147 By: Charley H. Fisher III THE PROPOSED MERGER BETWEEN NIAGARA MOHAWK AND NATIONAL GRID USA Whereas: The merger between National Grid USA and Niagara Mohawk will lower total electricity bills for typical Niagara Mohawk residents by about 5 percent and; Page 67 01-1113-ss0103.txt Whereas: Because of these savings, the City of Buffalo will save approximately $500,000.00 per year on their current bill and; Whereas: Niagara Mohawk, a National Grip Company will continue in its economic development efforts by spending $12.5 million per year in economic development initiatives. Whereas: The merged companies' proposal also continues a low-income customer assistance programs and establishes a special reduced rate for eligible low-income customers. Now, Therefore, Be it resolved: Niagara Mohawk has over 1500 employees in Western New York and over 500 of which work in the City of Buffalo and contribute to our community Be It Further Resolved: That the City of Buffalo Common Council goes on record to support the acquisition of Mohawk by National Grid Group P.L.C. Be It Finally Resolved: That copies of this resolution be forwarded to Gov. George E. Pataki; Maureen Helmer NYS PSC, William Davis, Niagara Mohawk; Richard Sergal, National Grid Group. REFERRED TO THE SPECIAL COMMITTEE ON ENERGY, NIAGARA MOHAWK CORPORATION CORPORATION COUNSEL AND THE PUBLIC SERVICES COMMISSION NO. 148 By: Mr. Golombek JASPER PARRISH PROPOSAL Whereas: The City of Buffalo is experiencing a severe budgetary crisis. To address the fiscal troubles facing the city, bold and challenging plans must be put forth and acted upon. Any such actions should focus on alleviating future budgetary woes; and Whereas: The City of Buffalo has an over abundance of non-taxable properties; and Whereas: There should be efforts to decrease the amount of properties owned by absentee landlords, residences owned by absentee landlord typically put more of a strain on City of Buffalo services than owner occupied residences; and Whereas: The Buffalo Municipal Housing Authority is the single, largest absentee landlord in the City of Buffalo. Initiatives concerning the BMHA should not encourage permanent residency on nontaxable properties. This is directly detrimental to the viability of the City of Buffalo. BMHA residents who so desire should be aided to become private homeowners. In a City with a high residential vacancy rate this would eliminate blight and add much needed revenues to the tax coffers; and Whereas: The Buffalo Municipal Housing Authority should acquire Department of Housing and Urban Development (HUD) properties as well as derelict or otherwise vacant properties in the Black Rock area surrounding Jasper Parrish. The preference should be for doubles and other multiple unit buildings. These properties should be demolished with new single family homes built in their place or rehabilitated if economically feasible. These homes would then be subsidized and sold to current residents of Jasper Parrish. This would eliminate unneeded housing units and Page 68 01-1113-ss0103.txt lower population density; and Whereas:There should be an immediate freeze on new residents entering Jasper Parrish once the purchase of lots has begun. As the program continues, this will allow for a gradual downsizing of the development without displacing any residents; and Whereas:As the residents become homeowners the empty units left behind should be torn down and replaced with single family homes. The need for adequate parking and enjoyable green space at Jasper Parrish should also be addressed at this time; and Whereas:An attractive and safe senior citizens residence should be built at Jasper Parrish to house those seniors that are unable to maintain a single family home. Preferably the building should be privately owned for taxable reasons. The first floor could be reserved for retail development or a medical center; and Whereas:The ultimate result of these moves is to disperse those Jasper Parrish residents who wish to become homeowners into their own homes within the community. Remaining residents would then have the opportunity to live in modern single family homes or a similar senior complex. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo offers the above changes to the BMHA. This Honorable Body requests that the Buffalo Municipal Housing Authority file a response to this resolution in the City Clerks office by 2:00 PM Wednesday November 21st, 2001. The response is to include a legal opinion as to how this resolution relates to or is affected by the Comer decision. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, CORPORATION COUNSEL AND THE BMHA NO. 149 BY: Councilmember Grant SET PUBLIC HEARING-MAIN-LASALLE REVITALIZATION PROJECT PHASE 11 URBAN RENEWAL PLAN WHEREAS, the Common Council of the City of Buffalo has designated the Main-LaSalle Revitalization Project Area as being eligible and appropriate for Urban Renewal treatment as defined in Subdivision 3 of Section 502 of Article 15 of the New York State General Municipal Law and has authorized the preparation of such a Plan; and WHEREAS, the City Planning Board, upon conducting a public hearing held on due notice, did consider said Plan, prepared by the Office of Strategic Planning, and approved the proposed Urban Renewal Plan at its Meeting of October 9, 2001, and did submit its report and unqualified recommendations respecting said Plan to the Common Council; and WHEREAS, Article 15 of the General Municipal Law requires that an Urban Renewal Plan be approved only after a public hearing is conducted by the governing body, upon due notice; NOW, THEREFORE, BE IT RESOLVED: 1.That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News and the City Record, no later than the 17th day of November, 2001;and 2.That this Common Council will conduct a public hearing on the matters stated in said "Notice of Page 69 01-1113-ss0103.txt Hearing" at 2:00 p.m. in the Common Council Chambers on November 27, 2001. ADOPTED. NO. 150 By: Mrs. LoTempio VEHICULAR TRAFFIC SHARING MAIN STREET Whereas: Buffalo Place Inc. and the downtown community have discussed the issue of returning automobile traffic to the Buffalo Place pedestrian-transit mall since 1996 through: Participation in GBNRTC's 1998 feasibility study by Erdman Anthony. Extensive discussions in the Buffalo Place Planning and Policy Committees from 1998 to 2001, The 1999 Downtown Strategic Plan, The Downtown Buffalo 2002 Implementation Campaign, The 2001 Buffalo R/TJDAT Strategy for Downtown Living, Participation in the Staff Analysis of Cars sharing Main Street report; and Whereas: Buffalo Place has long noted the difficulty of maintaining the vibrant activity we enjoy on Main Street during a summer week day into the evening and weekend hours throughout the year, and that low activity levels seen in Main Street's off-peak hours have contributed to the undeserved perception that Main Street does not feel safe to pedestrians; and Whereas: We have seen development and street life on nearby Chippewa Street turn the comer onto Franklin Street and Delaware Avenue, but not Main Street; and Whereas: Metro Rail contributes to the health and success of downtown by attracting 25,000 daily riders, and providing a critical "people mover" functien in our linear downtown. Therefore, Be It Resolved: That Buffalo Place Inc., affirms its support of retuming vehicular in traffic to Main Street in order to animate a sometimes too quiet space, support interest in development of first floor and vacant spaces, and to simplify vehicular circulation throughout downtown; Be It Further Resolved: That Main Street continue to provide sufficient, attractive space for our significant pedestrian population and Metro Rail operations, as well as automobile travel and short-term parking; and Be It Further Resolved: That the downtown community, including property owners, tenants and advocates, must have a strong role in the development of Main Street and that construction be managed efficiently with the goal of minimizing business interruption; and Be It Further Resolved: That this revision of Main Street streetscape be comprehensive and include review and improvement of adjacent streets within our downtown; and Be It Further Resolved: That this Common Council of the City of Buffalo, go on record in support of Buffalo Place Inc. and the downtown community in their quest to return automobile traffic to the Buffalo Place pedestrian-transit mall; and Be It Finally Resolved: That this resolution be sent to the chief executive officers appointees to the Cars sharing Main Street Advisory Committee, from the City of Buffalo, Erie County, NFTA, NYDOT and GBNRTC with our request that similar commitments in principle be made by their organizations to vehicular traffic sharing Main Street. ADOPTED. NO. 151 Page 70 01-1113-ss0103.txt By: Mrs. LoTempio EXCUSE COUNCILMEMBER ELLINGTON FROM COUNCIL MEETING. Whereas: Councilmember Karen R. Ellington will be unable to attend the Council meeting on Tuesday, November 13, 2001, Now, Therefore, Be It Resolved: That the Common Council excuses Councilmember Karen R. Ellington from attending the November 13, 2001, Common Council meeting. ADOPTED NO. 152 By: Mrs. LoTempio EXCUSE COUNCILMEMBER GRAY FROM COUNCIL MEETING. Whereas: Councilmember Beverly Gray will be unable to attend the Council meeting on Tuesday, November 13, 2001, Now, Therefore, Be It Resolved: That the Common Council excuses Councilmember Beverly Gray from attending the November 13, 2001, Common Council meeting. ADOPTED. NO. 153 BY: MRS. MARTINO, MESSRS. PITTS, FISHER, COPPOLA, FONTANA, THOMPSON, BONIFACIO, GOLOMBEK, AND MMES. LOTEMPIO, GRAY, MILLER-WILLIAMS, ELLINGTON, AND GRANT DESIGNATE SECOND EMPIRE ZONE FOR BUFFALO Whereas: Over fifteen months ago the Buffalo Common Council and the Buffalo Economic Renaissance Corporation began preparing an application for a second Empire Zone designation; and Whereas: This application was hand delivered for review and has anticipated approval since December 1, 2000; and Whereas: The City of Buffalo was found to be eligible for Empire Zone designation, and promised a decision by April, 2001; and Whereas: The City of Buffalo has 37 Census tracts that exceed the State poverty and unemployment criteria for Empire Zone designation; and Whereas: The two (2) square mile limitation for the present zone does not offer sufficient benefits to additional entrepreneurs and residents of the City of Buffalo; and Whereas: Currently, over 53 businesses have requested inclusion in the Empire Zone benefits which would allow them to invest in the City of Buffalo; and Whereas: The City of Buffalo is the core of Western New York and must move forward in seeking remedies during the City's current fiscal problems through measures such as redevelopment, thus expanding its tax base; and Now, Therefore Be It Resolved That: The Buffalo Common Councils requests the Western New York delegation to re-double their efforts ir securing a second Empire Zone for the City of Buffalo; and Be It Further Resolved That: This Council requests that Governor George Pataki direct his Empire Zone designation panel to immediately select the City of Buffalo as a recipient for a second Empire Zone; and Be It Finally Resolved That: The City Clerk be directed to forward certified copies of this Page 71 01-1113-ss0103.txt resolution to Governor George Pataki and the Western New York delegation. ADOPTED. NO.154 By. Mrs.. Martino APPOINT LEGISLATIVE ASSISTANT I hereby appoint Marilyn M. Fazio of 23 McClellen Circle, Buffalo, NY 14220 to the Position of Legislative Assistant to the Councilmember effective on November 12, 2001. ADOPTED. NO. 155 By: Mr. Pitts ACTION ON RECOMMENDATIONS FROM COMPTROLLER MCCALL'S REVIEW OF THE CITY OF BUFFALO'S FISCAL CRISIS Whereas:On November 5, 2001, New York State Comptroller H. Carl McCall issued a report documenting the depletion of the cash resources of the City of Buffalo and the Buffalo Board of Education; and Whereas:The Comptroller's report projects a cash shortfall that could grow to nearly $100 million by the close of the City of Buffalo's fiscal year on June 30, 2002; and Whereas:The Comptroller's report attributes the shortfall to a combined budget gap of $60 million caused largely by reductions in State aid in the wake of the September 11 th terrorist attacks, $21 million paid by the City toward the settlement with the Buffalo Teacher's Federation, and cash flow problems related to the timing of receipts; and Whereas:Along with findings related to the fiscal crisis, Comptroller McCall issued several sound recommendations for addressing the situation; and Whereas:It is incumbent on this Common Council to act on the Comptroller's recommendations as part of responsibly solving the City's fiscal crisis; Now, Therefore, Be It Resolved That: This Common Council respectfully requests the New York State Education Department to expedite the approval and release of categorical project "start up" moneys totaling $19.1 million; and Be It Further Resolved That: This Council respectfully requests Governor Pataki to expedite the processing and payment of "spin up" moneys totaling $48.6 million; and Be It Further Resolved That: This Council requests the Corporation Counsel, the City Comptroller, the Commissioner of Administration and Finance, and the Superintendent of Schools to cooperate in reviewing the cash balances in all City of Buffalo funds, and to report back to this Council as soon as possible on the feasibility of transferring such moneys for use by the General Fund; and Be It Further Resolved That: This Council requests the Corporation Counsel, the City Comptroller, the Commissioner of Administration and Finance and the Superintendent of Schools, in cooperation with the NYS Comptroller, to develop and file a report as soon as possible on the feasibility of separating the City and School District cash functions; and Be It Finally Resolved That: This Council directs the City Clerk's Office to send certified Page 72 01-1113-ss0103.txt copies of this resolution to Governor George E. Pataki, Comptroller H. Carl McCall, NYS Education Commissioner Richard Mills, NYS Senate Majority Leader Joseph Bruno, NYS Assembly Speaker Sheldon Silver, the Clerk of the Assembly, the Secretary of the Senate, the members of the Western New York Legislative delegation, Buffalo Comptroller Anthony Nanula, Corporation Counsel Michael Risman, Commissioner of Administration and Finance Eva M. Hassett, and Buffalo Schools Superintendent PASSED. AYES-11. NOES-0. NO. 156 BY: MR. PITTS CITY OF BUFFALO LOCAL LAW NO. (2001) INTRODUCTORY NO. 9 (2001) A LOCAL LAW amending Article Eighteen of the Charter of the City of Buffalo in relation to creating a Buffalo Creativity and Civic Solutions Commission. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article Eighteen of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: Sec. 18-66. Establishment of the Buffalo Creativity and Civic Solutions Commission. To honor, promote and take local advantage of the City of Buffalo's World Leadership in the study and utilization of Creativity, for the common good, a commission, to be known as the Buffalo Creativity and Civic Solutions Commission, is hereby established. Sec. 18-67. Membership, The commission shall consist of, not more than twenty-one members, each of whom shall be appointed by the following appointing authorities: the Mayor, the Common Council, the City Comptroller, the Board of Education, the Black Leadership Forum (or successor organization with similar interest as determined by the Common Council), Hispanics United (or successor organization with similar interest as determined by the Common Council), Good Neighbors Planning Alliance (or successor organization with similar interest as determined by the Common Council), United Way of Buffalo & Erie County (or successor organization with similar interest as determined by the Common Council), United Neighborhoods (Block Clubs) (or successor organization with similar interest as determined by the Common Council), Buffalo-Niagara Partnership, Buffalo State College Small Business Development Center, The New Millennium Group (or successor organization- with similar interest as determined by the Common Council), the Wellness Institute, Leadership Buffalo (o successor organization with similar interest as determined by the Common Council), creative Education Foundation (or successor organization with similar interest as determined by the Common Council), Buffalo State College International Center for Creative Studies, the State University of New York at Buffalo, and up to four others, selected by a majority of the members. The appointees of the Mayor, the Common Council, the City Comptroller, the Board of Education, Buffalo State College Small Business Development Center, Buffalo State College International Center for Creative Studies, the Creative Page 73 01-1113-ss0103.txt Education Foundation and the State University of New York at Buffalo, United Way of Buffalo & Erie County and the United Neighborhoods (Block Clubs) shall serve three year terms, and the remaining members shall serve for two year terms. All active members shall be eligible for reappointment. Sec. 18-68. Qualifications of Members. a)Each member shall be a resident of the City of Buffalo, and b)Shall have training or experience in creative problem solving processes, or C)Shall have demonstrated excellence in some area of creative endeavor or leadership, d) Shall, upon appointment, attend the Commission's Creative Problem Solving Training Program. Sec. 18-69. Duties and Powers. a) The commission shall provide the city government and various community organizations, with assistance, expertise and education, in the facilitation, and use, of creative problem techniques. (i.e. the Osborn/Parnes "Creative Problem Solving Process" and/or Bakos/Jacacci "Solutions Partnering Creativit3f, among others); b) Shall act as a funnel and creative catalyst, to and from citizens groups; c) Shall be a solutions recommending resource for the City of Buffalo d) Shall promote the planning and fulfillment of creative actions for the common good; e) Shall select a Meetings Facilitator from the members of the commission; and f) Shall adopt rules and procedures to manage its operations and meetings. Sec. 18-70. Duties, Powers, Function of Staff. An Executive Director shall be selected by the commission, and shall be responsible to the commission, as chief administrator of the commission, to insure that its duties and responsibilities are carried out, and shall assist the commission as necessary. Sec. 18-71. Qualification of Staff. a) The Executive Director shall be an experienced administrator, and b) Shall have knowledge and experience in various creative problem solving techniques and public action initiatives. Sec. 18-72. Meetings.. Meetings of the commission shall be held upon the call of the Executive Director, or as specified in a written declaration by a majority of the members of the commission, but in no event shall fewer than four meetings per year are held. A quorum shall consist of a majority of the members. Sec. 18-73. Committees and Resource Members. The commission may, at its discretion, establish committees to assist it in its mission, and may, at its discretion, appoint non-resident, resource members, thereto. Sec. 18-74. Compensation. The members shall serve without compensation for their services, but may receive reimbursement for reasonable and necessary expenses incurred in the performance of their official duties. Sec. 18-75. Expenditures. The commission shall, within the amounts qppropriated by the Common Council or other-wise made available by grants, expend, contract for, or direct the expenditure of Page 74 01-1113-ss0103.txt such sums, and according provide, as permitted by ordinance or grant, the necessary facilities and personnel. Sec. 18-76. Reports. Each December, the Commission shall prepare an annual written report of its activities and provide a copy to the Mayor, the Common Council and the City Clerk. Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3.This local law shall take effect immediately. APPROVED AS TO FORM Corporation Counsel NOTE: Matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 157 BY: MR. PITTS SET PUBLIC HEARING -URBAN RENEWAL PLAN AMENDMENT ELLICOTT REDEVELOPMENT PROJECT WHEREAS, the Common Council of the City of Buffalo adopted the Ellicott Redevelopment Project Urban Renewal Plan on August 2, 195 7, C. C.P. No. 4; and WHEREAS, it has been determined by the Office of Strategic Planning that an amendment to the approved Urban Renewal Plan is necessary to foster the redevelopment of Parcel Fl, located at 540 Swan Street; and WHEREAS, the City Planning Board, upon conducting a public hearing, approved the proposed amendment to the Urban Renewal Plan at its Meeting of October 23, 2001; and WHEREAS, Article 15 of the General Municipal Law requires that an Urban Renewal Plan amendment be approved only after a public hearing is conducted, upon due notice; NOW, THEREFORE, BE IT RESOLVED: 1.That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News no later than the 17th day of November, 2001; and 2.That this Common Council will conduct a public hearing on the matters stated in. said "Notice of Hearing" at 2:00 p.m. in the Common Council Chambers on Tuesday, November 27, 2001. ADOPTED NO. 158 BY: MESSRS. AND MINES. PITTS, LOTEMPIO, GRAY, FISHER, COPPOLA, MILLER-WILLIAMS, ELLINGTON, FONTANA, THOMPSON, BONIFACIO, GOLOMBEK, MARTINO AND GRANT REQUEST THE NYS LEGISLATURE TO RECONVENE AND GRANT THE CITY OF BUFFALO ITS SHARE OF THE 8'H PENNY OF THE SALES TAX Whereas:In 1986, in the midst of a fiscal crisis, the County of Erie approached the City of Buffalo for support in asking the NYS Legislature to impose an additional one percent (11/0) sales tax, with the revenues from the tax to be used to pay down the County's debt; and Whereas:The City of Buffalo supported Eric County at that time and the County has since made final payments on the $75 million debt; and Whereas:This Council has consistently made the argument that since the County's crisis has passed, the 8 1h penny of the sales tax should be shared on the same basis as the Page 75 01-1113-ss0103.txt other locally designated portion of the sales tax; and Whereas:The City of Buffalo is now facing its own fiscal crisis that threatens to force horrific and untenable cuts in City services - already, hundreds of teachers and other City employees have been laid off, and Whereas:If the City of Buffalo were to receive its rightful share of the 8t" penny, based on past sales tax performance, as much as $30 million per year could be available to the City and the School Board to address the current crisis and support the reestablishment of fiscal stability of Buffalo; Now, Therefore, Be It Resolved That: In light of the City of Buffalo's fiscal crisis, this Common Council respectfully requests the New York State Legislature to immediately reconvene and pass legislation that would grant the City of Buffalo its share of the 8th penny of the New York State Sales Tax; and Be It Further Resolved That: The City Clerk be directed to forward certified copies of this resolution to Governor Pataki, to the Clerk of the NYS Assembly, the Secretary of the NYS Senate and to the members of the Western New York State Legislative delegation. ADOPTED NO. 159 BY: MRS. WILLIAMS ENGROSSED COPY-IN MEMORIUM-ERVIN CHWALINSKI Attached please find a copy of a in memorium which will be forwarded to Sister Martinelle for an engrossed at the price of $150.00. PASSED. AYES -11 NOES - 0 NO. 160 BY MRS. WILLIAMS FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for African American Gay and Lesbian Community By Councilmember Pitts, Michaux Felicitation for NYS Black Gay MSM Network By Councilmember Pitts, Michaux ADOPTED. NO. 161 BY: BARBARA A. WILLIAMS APPOINTMENTS COMMISSIONER OF DEEDS That the fo.11owing persons are hereby appointed as commissioner of Deeds for the term ending December 31 f 2002 , conditional upon the person 'so appointed certifying under oath to their qualifications and filing same with the City Clerk: ANTHONY M BROWN JEANEM E. KIEDROWSKI ADOPTED. NO. 162 BY: BARBARA A. WILLIAMS APPOINTMENTS Page 76 01-1113-ss0103.txt COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following. persons axe hereby appointed-as Commissioner of Deeds for the term ending, December 31, 2 002, conditional -upon the persons so appointed certifying under 'oath to their qualifications and filing same with -the City JOHN NICHOLSON PHYLLIS JOHNSON DEBORAHKANE KERE Y. PATTERSON ANA MARIA RIVERA JOAN NEUMAN VERONICA V. NORWARD LINDA M. KULESZA CATIALEEN D. MANN SUSAN M. MECKES JOSUE ROMAN ANGELA M. ELMORE GERALDINE M. GREEN MARILYN FAZIO ADOPTED UNFINISHED BUSINESS NO. 163 R. KLEIN, DELTA SONIC-APP. PLAN. BD. DEC.-EXP. CAR WASH FAC.-1264 MAIN (HRG. 7/24) (CCP# 106-10/2/01) (CCP#1 11-7/24) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Fontana CARRIED Mrs. LoTempio now moved that the above item be received and filed . Seconded by Mr. Bonifacio ADOPTED NO. 164 D. BONIFACIO-INFO. -PROP. DELTA SONIC EXP. ON MAIN STREET (CCP# 107-10/2/01) (CCP#129-9/4) Mrs. LoTempio moved that the above item be taken from the table. Seconded by. Mr. Bonifacio CARRIED Mrs. LoTempio now moved that the above item be received and filed. Seconded by Mr. Bonifacio ADOPTED NO. 165. A. FRYER & 0-INFO.-PROP. EXP. OF DELTA SONIC-MAIN ST. (CCP# 108-10/2/01) (CCP#133-9/4) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Bonifacio CARRIED Mrs. LoTempio now moved that the above item be received and filed. Seconded by Mr. Bonifacio ADOPTED No. 166 Lead Agency Designation-Delta Sonic Redev. Plan (CCP# 109-10/2/01) (CCP# 162-9/4) Page 77 01-1113-ss0103.txt Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Bonifacio CARRIED Mrs. LoTempio now moved that the above item be received and filed Seconded by Mr. Bonifacio NO. 166 Lead Agency Deignation-Delta Sonic Redev.m Plan (CCP# 109-10/2/01) (CCP #162 - 9/4) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Fontana CARRIED Mrs. LoTempio now moved that the item be received and filed Seconded by Mr. Fontana ADOPTED NO. 167 D. DREW-CONCERNS-DELTA SONIC EXPANSION- 1254(SIC 1264) MAIN STREET (CP) (CCP# 110-10/2/01) (CCP#29-9/18) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Bonifacio. CARRIED Mrs. LoTempio now moved that the above item be received and filed. Seconded by Mr. Bonifacio ADOPTED NO. 168 R. WILLERT-CONCERNS-DELTA SONIC EXPANSION- 1254 (1264 SIC) MAIN STREET (C P) (CCP# I I 1- 10/2/0 1) (CCP#31-9/18) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Bonifacio CARRIED Mrs. LoTempio now moved that the above item be received and filed. Seconded by Mr. Bonifacio ADOPTED NO. 169 M. YEOMANS-INFO.-PROJECT-DELTA SONIC-1264 MAIN ST. (CP) (CCP# 112-10/2/01) (CCP#32-9/18) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Bonifacio CARRIED Mrs. LoTempio now moved that the above item be received and filed. Seconded by Mr. Bonifacio ADOPTED NO. 170 M. YEOMANS & O-PETITIONS-SUPP. DELTA SONIC EXPANSION-MAIN ST. (CCP# 113-10/2/01) (CCP#78-9/18) Mrs. LoTempio moved that the above item be taken from the table. Seconded by .Mr. Bonifacio CARRIED Mrs. LoTempio now moved that the above item be received and filed. Seconded by Mr. Bonifacio ADOPTED Page 78 01-1113-ss0103.txt NO. 171 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in Room 1417 City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, November 20, 2001 at 9:3 )0 o'clock A.M. Committee on Finance Tuesday, November 20, 2001 following Civil Service Committee on Legislation Tuesday, November 20, 2001 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, November 21, 2001 at 10:00 o'clock A.M. Committee on Education Wednesday, November 21, 2001 at 2:00 o'clock P.M. Special Committees Finance Committee Wednesday, November 14, 2001 at 11:00 o'clock A.M.-Small Business Accelerated Payment Program Budget Committee Wednesday, November 14, 2001 at 2:30 o'clock P.M. and Thursday, November 15, 2001 at 10:00 o'clock A.M. Anti-Loitering Task Force Wednesday, November 14, 2001 at 10:00 o'clock A.M.-CANCELLED. MBEC Monday, November 19, 2001 at 10:00 o'clock A.M. (Public Disclaimer): All meetings are subject to change and cancellation b ~ 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. 172 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Mr. Fontana, the Council adjourned at 4:45 pm CHARLES L. MICHA:UX, III CITY CLERK BOARD OF POLICE AND FIRE PENSION PROCEEDINGS:, #9 MAYOR'S OFFICE-201 CITY HALL OCTOBER 25, 2001 Present: Anthony M. Masiello, Mayor; Mr. VanVessum-Asst. Corporation Counsel-2 Absent: James W. Pitts, Council President; Anthony Nanula, Comptroller-2 The Journal of the last meeting was approved. NO. I I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of October 2001 amounting to $16,355.69 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. Page 79 01-1113-ss0103.txt NO. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the monith of October 2001 amounting to $17,758.84 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-2. Noes-0. NO. 3 The following annuitant was cancelled from the Police Pension Fund Payroll for the month of October 2001. Bernice Osieja Died 9/21/01. Paul R..Foss Died 10/9101. Received and Filed. NO. 4 On motion by Mr. Masiello, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m. CITY OF BUFFALO COMMON COUNCIL SPECIAL SESSION NOVEMBER 2, 2001 2:00 PM PRESENT James W. Pitts President of the Council, and Council MembersBonafacio, Coppola, Ellington, Fisher, Fontana, Golombek, Grant, LoTempio, Martino, Thompson and Williams - 12 Absent Gray-1 NO. 1 CALL FOR SPECIAL SESSION Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated November 1, 200 1, presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in 1417 City Hall, Buffalo, New York, on, November 2, 200 1, at 2: 00 P.M., for the following purposes: To discuss, receive and take appropriate action on items pertaining to: The City of Buffalo Fiscal Crisis. OFFICE OF THE CITY CLERK TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of five Councilmembers, dated November 1, 2001, JAMES W. PITTS, President of the Common Council, has called a Special Meeting of the Common Council, to be held in Room 1417 City Hall, Buffalo, New York, on November 2, 2001- at 2.00 P.M. for the following purpose: To discuss, receive and take appropriate action on. the City of Buffalo's Fiscal -Crisis. Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the-Common. Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To discuss, receive and take appropriate action on all items pertaining to the City of Buffalo's fiscal crisis. We request -that this Special Meeting be held on November 2, 2001 at 2: 00 P.M. Page 80 01-1113-ss0103.txt Betty Jean Grant Barbara Miller-Williams Karen Ellington Dominic Bonafacio Joseph Golombek Pursuant to Rule 2 of the Rules -of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: DOMINIC BONIFACIO KAREN ELLINGTON RICHARD FONTANA BETTY JEAN GRANT ROSEMARIE LOTEMPICI ANTOINE THOMPSON MARC COPPOLA CHARLEY FISHER III JOSEPH GOLOMBEK BEVERLY GRAY MARY MARTINO BARBARA MILLER-WILLIAMS hereby states that he/she received twenty-four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on November 2, 2001 at 2: 00 P.M. STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 1st day of November 200 1, before me, the subscribers, personally appeared Dominic J. Bonifacio Jr., Marc A. Coppola, Karen R. Ellington, Charley H. Fisher 111, Richard A. Fontana, Joseph Golombek Jr., Betty Jean Grant, Beverly Gray, Rosemarie LoTempio, Mary M. Martino, Antoine Thompson, and Barbara Miller-Williams To me known to be the same persons described in and who executed the foregoing instrument ,and they duly and severally acknowledged to me that they executed the same. Carol Ann Nowak Commissioner of Deeds in-and for the City of Buffalo, N.Y. My Commission expires 12/ 31/02 RECEIVED AND FILED NO. 2 VARIOUS ITEMS RELATED TO THE CITY OF BUFFALO FINANCIAL CRISIS Attached please find items related to the City of Buffalo Financial Crisis filed by Comptroller Nanula per the request of Your Honorable Body. ATTACHED ITEMS 2A TO 2M REFERRED TO THE COMMITTEE ON BUDGET NO3 BY: MESSRS. & MMES.PITTS, FISHER, COPPOLA, FONTANA, THOMPSON, BONIFACIO, GOLOMBEK, LOTEMPIO, GRAY, MILLER-WILLIAMS, ELLINGTON, MARTINO AND GRANT REQUEST NEW YORK STATE COMPTROLLER H. CARL MCCALL TO EXPAND AND DEEPEN HIS INVESTIGATION INTO THE CITY OF BUFFALO'S FISCAL CRISIS WHEREAS: Published reports regarding an audit of the City Of Buffalo's cash flow problems indicate that the State Comptroller's Office may be projecting a shortfall of between $100 million and $135 million by the end of the City's fiscal Page 81 01-1113-ss0103.txt year on June 30, 2002; and WHEREAS: Estimates generated by City Officials has earlier projected a budget gap of up to $60 million, based largely on a shortfall of state aid to both the City General Fund and the Board of Education in the wake of the September 11 th terrorist attacks; and WHEREAS: While current State Comptroller's budget analysis may differ significantly from the City Comptroller's cash flow figures, a looming $60 to $135 million deficit would in any analysis amount to disaster for the City of Buffalo; and WHEREAS: In anticipation of the budget gap, the Masiello Administration has already sent lay-off notices to 75 employees and is reviewing a plan that would target another 225 employees; and WHEREAS: The Board of Education has sent lay-off notices to 557 employees, including hundreds of teachers; and WHEREAS: In this time of crisis, it is imperative that decisions he based on accurate and unbiased information, and the City of Buffalo is fortunate that Comptroller McCall has been willing to devote his Staff to help define the City's financial problems. NOW, THEREFORE BE IT RESOLVED: That Common Council requests that the New York State Comptroller meet with the Common Council and expeditiously file his report analyzing the City of Buffalo's current budget problems; and BE IT FURTHER RESOLVED: That as a result of the alarming projections concerning the City's fiscal condition, the Common Council requests the State Comptroller to assign Staff and direct them to perform a thorough investigative analysis of the City of Buffalo's budget and cash flow management programs for the fiscal years 2000-2001 and 20012002. This analysis should also include an analysis relative to the depletion of the City of Buffalo's cash resources dating back to the 1999-2000 budget; and BE IT FURTHER RESOLVED: That the New York State Comptroller review the feasibility of separating the Board of Education's cash flow from the City of Buffalo's cash How; and BE IT FINALLY RESOLVED: That the Common Council requests the Corporation Counsel to develop a local law which would allow the State Comptroller to oversee and monitor the City's finances to the end of this fiscal year. ADOPT NO. 4 SPECIAL COMMITTEE ON BUDGET - REQUESTED INFORMATION - STATE COMPTROLLER'S CASH FLOW ANALYSIS Prior Council Reference: Under this cover please find the various spreadsheets and other information the Budget Office provided to the New York State Comptroller to help inform the cash flow analysis. I trust this information satisfies your inquiry. As always, I will be available at the Committee meeting to answer any further questions you may have. REFERRED TO THE COMMITTEE ON BUDGET NO. 5 BUFFALO PUBLIC SCHOOLS MESSAGE FROM THE SPPERINTENDENT OF SCHOOLS IMPACT OF THE NYS LEGISLATURE'S BASELINE EDUCATION BUDGET FOR 2001-02 Page 82 01-1113-ss0103.txt The Buffalo Public Schools have embarked on an aggressive campaign to implement school reform. Our objective is to improve student performance, so that our children will be successful in meeting the new state standards, graduate from High School, and be prepared for the world of work, In order to meet the needs of a very diverse student population, the district is focusing our energies and resources to accomplish this goal. The Baseline Education Budget for 2001-02 will be devastating to the Buffalo Public Schools as it fails to meet the financial needs of our district. At this time, the projected deficit will be approximately $28 million with a loss of 557 school personnel. What does a $28 Million Budget Mean for Buffalo? A Reduction in our Workforce 433.0 Teachers 60.0 Teacher Aides 24.0 Administrators 40.0 Civil Service A Reduction in our Educational Initiatives designed to help our students master the new State standards and the elimination of non-mandated programs and services. Eliminates all funding for the District's Extra-curricular and after school programs. Reduces funding for computer hardware and software directly affecting schools and students. Eliminates the Academic Intervention Services for students in need of assistance to pass the NYS Assessments. Eliminates funding for schools identified by the State as in high needs for academic intervention services and support. Elimination of resources for staff and curriculum development impacting on professional development and new teacher orientation. Reduction in supplies and materials to support the District's new Reading Initiative and other programs. Deferral of needed facilities maintenance. Closing the Parent Center. Closing Adult and Continuing Education Programs. $ 18.0 million $ 10.0million These cuts will adversely affect our schools and our children. We currently provide programs and services to approximately 45,000 students of which 1,400 attend Charter Schools. 82% of our students are living at the poverty level. 20% of our students are students with special needs. 3,360 of our students speak 52 different languages. Over 80 school buildings, with the average age of over 69 years. 11% of our student population are Hispanic. In order for our district to achieve the goals, that we have established to improve student success, adequate funding and support from the state is necessary. I urge you to: Support our request for an additional $28.0 million in State Aid to Education. Develop and implement more flexibility in the use of categorical aid to the Big Five school districts. Provide for an inflation factor for Categorical Aids so that programs and services to students can be maintained. Continue to provide funding for the mandated programs so that the needs of our population can be met and the district remain in compliance. Relief from Charter School support as it is adversely draining funds from our basic, foundation program. Overcoming the barriers of poverty, students lacking skills in Page 83 01-1113-ss0103.txt English, maintaining an aging infrastructure, and providing a quality educational program to meet the needs of all our students is the challenge facing our school district. Together, we can realize true school and student reform. Help us achieve our goal of improving student performance and to prepare our young people for the future! Provide the resources necessary to support student success. REFERRED TO THE COMMITTEE ON BUDGET NO. 06 ADJOURNMENT At 3:59 pm Mrs. LoTempio moved to Adjourn. Seconded by Mr. Fontana ADOPTED. Page 84