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Home My WebLink About01-1030 01-1030.txt No. 20 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO October 30, 2001 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, 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 Page 1 01-1030.txt 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. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, OCTOBER 30, 2001 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and Council Members Bonifacio, Brown, Coppola, Ellington, Fisher, Fontana, Golombek Grant, LoTempio, Martino, Thompson and Williams - 12. ABSENT - Gray -1 On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on October 16, 2001 were approved. FROM THE MAYOR NO. 1 APPOINTMENT OF MEMBER TO THE ELEVATOR SAFETY REVIEW BOARD Pursuant to the powers vested in me by Chapter 167.3 of the Buffalo Code, I hereby appoint the following individual to Page 2 01-1030.txt the Elevator Review Board for a term commencing immediately and will expire April 30, 2004. Joseph S. CattarinElevator Maintenance of Buffalo, Inc. 701 Seneca Street Buffalo, New York 14210 Mr. Joseph Cattarin has been employed in the elevator maintenance business since 1983 and is currently the manager of Elevator Maintenance, his family-owned business. He has extensive experience in the servicing, installation and examination of elevators. Mr. Cattarin has been appointed to replace Mr. Thomas Granville. I hereby certify that the above named individual is fully qualified to serve as a members of the Elevator Safety Review Board. RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT NO. 2 APPOINTMENT OF MEMBER TO THE BUFFALO BOARD OF ETHICS Pursuant to the powers vested in me by Section 12-19, Article 11, Chapter 12 of the Buffalo Code, I hereby appoint Denise Sullivan, residing at 1141 Delaware Avenue #4N, Buffalo, New York, as a member of the Board of Ethics for a term expiring September 4, 2003. Ms. Sullivan is filling the unexpired term of Lourdes 1'. Inglesias, who has resigned. Denise Sullivan1141 Delaware Avenue-#4NBuffalo, 14209 At the present time, Ms. Sullivan is Senior Vice-President of Commercial Loans Operations and Cash Management Services for HSBC Bank USA. Ms. Sullivan has been employed in the field of banking for over twenty years both here and overseas. She graduated from the State University of New York at Canton with an Associate in Applied Science (AAS) degree and was certified by the American Institute of Banking. I hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Board of Ethics. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE DIVISION OF COLLECTIONS AND THE COMPTROLLER NO. 3 RE-APPOINTMENT OF MEMBERS TO THE BUFFALO PRESERVATION BOARD Pursuant to the powers vested in me by Article 11, Section 337-3), Part 11 of the Code of the City of Buffalo, I hereby re-appoint the following individuals to the Buffalo Preservation Board for a term commencing immediately and will expire August 31, 2004. John M. Laping, FAIA 1088 Delaware Ave. Apt. 15J Buffalo, 14208 Sam Gurney 772 Potomac Ave. Buffalo, 14209 Paul Carroll 39 Park Street Buffalo, 14201 I hereby certify that the above named individuals are fully qualified to serve as members of the Buffalo Preservation Board. REFERRED TO THE COMMITTEE ON LEGISLATION, THE Page 3 01-1030.txt CORPORATION COUNSEL, THE DIVISION OF COLLECTIONS AND THE COMPTROLLER NO. 4 RE-APPOINTMENT OF MEMBERS TO THE CITY PLANNING BOARD Pursuant to the powers vested in me Section 18-23 of the Charter of the City of Buffalo, I hereby re-appoint the following members to the City Planning Board for a term commencing immediately and will expire October 9, 2004: Susan Curran Hoyt21 St. Andrew's Walk Buffalo, NY 14222 Henry Burns47 Beard Avenue Buffalo, NY 14214 Horace A. Gioia259 Middlesex Road Buffalo, NY 14216 I hereby certify that the above named individuals are fully qualified for reappointment to the City Planning Board. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE DIVISION OF COLLECTIONS AND THE COMPTROLLER FROM THE CITY PLANNING BOARD NO. 5 T. CALEY 3038 BAILEY AVE. SIT-IN AND TAKE-OUT RESTAURANT ITEM NO. 83, C.C.P. 10/16/2001 The City Planning Board at its regular meeting held Tuesday, October 23, 2001, considered the matter captioned above pursuant to Section 511-65 of the Buffalo Code, Kensington Bailey Business District. The applicant seeks to convert a former muffler shop into a sit-in and takeout restaurant at 3038 Bailey Avenue. Under SEQR the proposed restaurant is considered and unlisted action which may be studied through uncoordinated review. The Planning Board voted to approve the proposed restaurant and the applicant's site plan. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 6 N. KOTRIDES 492 ELMWOOD AVE. SIT-IN RESTAURANT ITEM NO. 84, C.C.P. 10/16/2001 The City Planning Board at its regular meeting held Tuesday, October 23, 2001, considered the matter captioned above pursuant to Section 511-56 of the Buffalo Code, Elmwood Ave. Business District. The applicant seeks to construct a new building for use as an upscale sit-in restaurant at 492 Elmwood Avenue. Under SEQR the proposed restaurant is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed new restaurant along with the applicant's site plan. RECEIVED AND FILED NO. 7 TOPS MARKETS 1275 JEFFERSON AVE. ACCESSORY SIGN ITEM NO. 85, C.C.P. 10/16/2001 The City Planning Board at its regular meeting held Tuesday, October 23, 2001, considered the matter captioned Page 4 01-1030.txt above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 13lx3'8ffxl8f pole "ID" sign at 1275 Jefferson Avenue. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed accessory sign conditioned on a landscaping component at the base of the Sign. RECEIVED AND FILED NO. 8 E. FLAMMER 133 SO. DIVISION NON-ACCESSORY SIGN ITEM NO. 107, C.C.P. 4/17/2001 The City Planning Board at its regular meeting held Tuesday, October 23, 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 place a material, on the side of a building, that will cover an area of 451x351 with non-accessory advertising at 133, South Division Street. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to receive and file this application since the Zoning Board of Appeals has denied the request for a variance of the ordinance. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 9 ABANDONMENT AND SALE DEAD END PORTION OF WARWICK The Office of Strategic Planning, Division of Real Estate, has received a request from Gary Smith of D.J. Parrone & Associates, P.C. on behalf of Living Opportunities of DePaul to purchase the dead end portion of Warwick Avenue. The dead end section of Warwick Avenue is adjacent to the approved DePaul assisted living apartment complex, which will be constructed beginning in the fall /winter of this year. Mr. Smith has indicated that they believe the street poses both safety and aesthetic issues for the neighborhood as well as the project. If the City approves the abandonment and sale of the dead end portion of Warwick Avenue, DePaul would then remove the existing curb, sidewalk, asphalt and streetlights and replace with soil, grass and landscaping. This office has contacted Land Use Planning, the Planning Board, Police and Fire and they have no objections and/or conditions in reference to the abandonment and sale of the dead end portion of Warwick Avenue. The Dept. of Public Works, Parks & Streets has indicated that the portion of Warwick Avenue in question was closed off to traffic by the construction of the Kensington Expressway in 1964. They are recommending the abandonment and sale of a portion of Warwick subject to the following conditions: 1 .That the official closing and abandonment of that portion of the right-of-way of Warwick Avenue does not become effective until the deed conveying the property is filed in the Erie County Clerk's Office. 2. The purchaser of the parcel will grant an Page 5 01-1030.txt easement acceptable to any utility company or authority that presently legally has any underground or above ground lines, ducts or mains within the street right-of-way of that portion of Warwick Avenue that is to The closed and abandoned. Your Honorable Body may authorize the abandonment and sale of the property in accordance with Article 27, Section 27-5 of the City Charter. Should you approve the abandonment and sale the purchaser is required to retain a real estate appraisal(s) at their own expense, for the purpose of fixing the value of the interest of the City in such property. The City will provide a list of appraisers established by the Appraisal Review board of the City. The results of our negotiations will be filed with Your Honorable Body for final approval. I am recommending that Your Honorable Body approve the abandonment and sale of the dead end portion of Warwick Avenue to D. J. Parrone & Associates, P.C. on behalf of Living Opportunities of DePaul. Mrs. LoTernpio moved: That the City of Buffalo does hereby abandon the dead end portion of Warwick Avenue pursuant to Section 27-4 of the Charter of the City of Buffalo and does hereby authorize the Executive Director of Strategic Planning to negotiate a sale of such property to D.J. Parrone & Associates, P.C. , on behalf of Living opportunities of DePaul upon the determination of a value for such property after an appraisal; and That the Executive Director of Strategic Planning shall report back to the Council the results of the negotiations with D.J. Parrone & Associates P.C. for the Council's approval of the sale with the conditions as supported by the Department of Public Works, Parks and Streets. PASSED AYES -12 NOES - 0 NO. 10 ACQUIRE PORTION OF 186 EXCHANGE STREET MICHIGAN AVENUE BRIDGE PROJECT MAP 4, PARCEL #5 - 840 SQ. FT. MAP 4, PARCEL #6 - 14,290 SQ. FT. The Department of Public Works requested the Division of Real Estate to acquire the necessary parcels of land and easements for purposes connected with the reconstruction of Michigan Avenue and the bridge between Seneca and Exchange Streets. Funds for this project were approved pursuant to C.C.P. 9/22/98, Item #268. The above parcels are a partial taking of 186 Exchange Street, which is vacant land owned by Uniland Partnership, LP, 100 Corporate Pkwy., Amherst, New York 14226. The acquisitions are appropriations of the fee along the east boundary (840 sq. ft.) of Michigan Avenue and 14,290 sq. ft. of land between the south boundary of Carroll Street and the north boundary of Exchange Street. In addition to the taking of land there are indirect damages to the remainder of the parcel. Two independent Real Estate Appraisers were commissioned by the Dept. of Public Works and reviewed by the City of Buffalo Appraisal Review Board. It is the recommendation of the Appraisal Review Board that the following compensation be paid for the parcel: Direct Damages - Land (Parcel #5)$ 1,832.00 Direct Damages - Land (parcel #6)$31,165.00 Page 6 01-1030.txt Indirect Damages - Remainder (Parcel #5)$ 4,900.00 Indirect Damages - Remainder (Parcel #6) $ 8,900.0 Total Direct & Indirect Damages:$ 47,000.00 (Rounded Off) In accordance with Eminent Domain Procedure Law an offer was prepared and forwarded to the owner, Uniland Partnership, LP in the amount of Forty-Seven Thousand Dollars ($47,000.00). The owner has elected to accept the Forty-Seven Thousand Dollars ($47,000.00) as an advance payment, reserving their right to file a claim for additional compensation. I am recommending that Your Honorable Body approve the advance payment of Forty-Seven Thousand Dollars ($47,000.00) to Uniland Partnership, LP. I am further recommending that the Corporation Counsel prepare the necessary documents for the acquisition of title and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated October 16, 2001, be received and filed; and That the Division of Real Estate, in accordance with Eminent Domain Procedure Law, acquire 186 Exchange Street for the reconstruction of Michigan Avenue and the bridge between Seneca and Exchange Streets from Uniland Partnership, LP in the amount of Forty-Seven Thousand Dollars ($47,000.00) as an advance payment, reserving their right to file a claim for additional compensation; and That the Corporation Counsel be authorized to prepare the necessary documents for the acquisition of title and that the Mayor be authorized to execute the same. PASSED AYES -12 NOES - 0 NO. 11 ACQUIRE PORTION OF 160 MICHIGAN AVENUE MICHIGAN AVENUE BRIDGE PROJECT MAP 2, PARCEL #3, 604 SQ. FT. The Department of Public Works requested the Division of Real Estate to acquire the necessary parcels of land and easements for purposes connected with the reconstruction of Michigan Avenue and the bridge between Seneca and Exchange Streets. Funds for this project were approved pursuant to C. C. P. 9/22/98, Item #268. The above parcel is a portion of 160 Michigan Avenue, a parking lot owned by Free Trade Center, Inc. The acquisition is an appropriation in fee along the west boundary of Michigan Avenue, encompassing 604 sq. ft. In addition to the taking of land there are direct damages to paving and landscaping. Also, there are indirect damages to the loss of two parking spaces. Two independent Real Estate Appraisers were commissioned by the Dept. of Public Works and reviewed by the City of Buffalo Appraisal Review Board. It is the recommendation of the Appraisal Review Board that the following compensation be paid for the parcel: Direct Damages Land Value: $ 3,400.00 Direct Damages Improvement: $ 1,200.00 Indirect Damages - Loss of Parking: $ 5,400.00 Total Direct & Indirect Damages: $10,000.00 In accordance with Eminent Domain Procedure Law an offer was prepared and forwarded to the owner, Free Trade Center, Inc., in the amount of Ten Thousand Dollars Page 7 01-1030.txt ($10,000.00). The owner has elected to accept the Ten Thousand Dollars ($10,000.00) as an advance payment, resenting their right to file a claim for additional compensation. I am recommending that Your Honorable Body approve the advance payment of Ten Thousand Dollars ($10,000.00) to Free Trade Center, Inc. I am further recommending that the Corporation Counsel prepare the necessary documents for the acquisition of title and that the Mayor be authorized to execute the same. Mrs, LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated October 16, 2001, be received and filed; and That the Division of Real Estate, in accordance with Eminent Domain Procedure Law, acquire a portion of 160 Michigan Avenue for the reconstruction of Michigan Avenue and the bridge between Seneca and Exchange Streets from Free Trade Center, Inc, in the amount of Ten Thousand Dollars ($10,000.00) as an advance payment, reserving their right to file a claim for additional compensation; and That the Corporation Counsel be authorized to prepare the necessary documents for the acquisition of title and that the Mayor be authorized to execute the same. PASSED AYES -12 NOES - 0 NO. 12 ACQUIRE PORTION OF 190 SCOTT MICHIGAN AVENUE BRIDGE PROJECT MAP 3, PARCEL #4, 1750 SQ. FT. The Department of Public Works requested the Division of Real Estate to acquire. the necessary parcels of land and easements for purposes connected with the reconstruction of Michigan Avenue and the bridge between Seneca and Exchange Streets. Fund for this project were approved pursuant to C. C. P. 9/22/98, Item #268. The above parcel is a portion of 190 Scott, owned by Upstate Milk Cooperative, Inc. The property Is improved with office, warehousing and production facilities. All of which are situated on approximately 69,696 sq. ft. of land. In addition to the taking of land there is direct damages to lawn, paving and fencing. There are also indirect damages to the building improvements. Two independent Real Estate Appraisers were commissioned by the Dept. of Public Works and reviewed by the City of Buffalo Appraisal Review Board. It is the recommendation of the Appraisal Review Board that the following compensation be paid for the parcel: Direct Damages - Land Value: $ 4,422.00 Direct Damages - Paving, Lawn & Fence: $ 4,400.00 Indirect Damages - Building Improvements: $19,800.00 Total Direct & Indirect Damages: $28,600.00 (rounded off) In accordance with Eminent Domain Procedure Law an offer was prepared and forwarded to the owner, Upstate Milk Cooperative, Inc., in the amount of Twenty-Eight Thousand Six Hundred Dollars ($28,600.00). The owner has elected to accept the Twenty-Eight Thousand Six Hundred Dollars ($28,600.00) as an advance payment, reserving their right to file a claim for additional compensation. I am recommending that Your Honorable Body approve the advance payment of Twenty-Eight Thousand Six Hundred Page 8 01-1030.txt Dollars ($28,600.00) to Upstate Milk Cooperative, Inc. I am further recommending that the Corporation Counsel prepare the necessary documents for the acquisition of title and that the Mayor be authorized to execute the same. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated October 16, 2001, be received and filed; and That the Division of Real Estate, in accordance with Eminent Domain Procedure Law, acquire a portion of 190 Scott for the reconstruction of Michigan Avenue and the bridge between Seneca and Exchange Streets from Upstate Milk Cooperative, Inc. in the amount of Twenty-Eight Thousand and Six Hundred Dollars ($28,600.00) as an advance payment, reserving their right to file a claim for additional compensation; and That the Corporation Counsel be authorized to prepare the necessary documents for the acquisition of title and that the Mayor be authorized to execute the same. PASSED AYES -12 NOES - 0 NO. 13 DESIGNATION OF RIGHTEOUS BABE RECORDS Please be advised that the Office of Strategic Planning supports the extension of the designation of Righteous Babe Records As the redeveloper of the Asbury Delaware Methodist Church. We presented this item to the Buffalo Urban Renewal Agency last Thursday and they granted the approval. Also be advised that Mr. Stuart Alexander's Consultant Contract: with the Buffalo Neighborhood Revitalization Corporation terminated on October 15, 2001. Mr. Alexander has left the area and the contract will not be renewed. Attached is a letter from Mr. Michael McCarthy the Legal Counsel to the Buffalo Urban Renewal Agency to Mr. Richard Willert regarding Crawdaddy's Restaurant. If you have any further questions, kindly contact me. RECEIVED AND FILED NO. 14 EASEMENTS - MICHIGAN AVENUE BRIDGEPROJECT-PARCELS 7,10,11&12 The Commissioner of Public Works has requested the Division of Real Estate to acquire the necessary permanent and temporary easements for purposes connected with the reconstruction of Michigan Avenue and the Bridge between Seneca and Exchange Streets. Funds for this project were approved pursuant to Item #268, C.C.P. 9/22/98. Parcels 7, 10, 11 & 12 are owned by James T. Sandoro, 25 Myrtle Avenue, Buffalo, New York 14204. The City of Buffalo needs to acquire a permanent easement for Parcel No. 7, Map No. 5 which is a parcel along the northwest corner of Carroll Street and Carroll Place, encompassing 325 sq. ft. of land. Temporary easements are needed for Parcel No. 10 consisting of 4,534 sq. ft. of land along the west boundary of Michigan Avenue; Parcel 11 consisting of 2,562 sq. ft. of land along the east boundary of Michigan Avenue; Parcel 12 consisting of 162 sq. ft. of land along the east boundary of Page 9 01-1030.txt Michigan Avenue. Two independent real estate appraisers were commissioned by the Department of Public Works and reviewed by the City of Buffalo Appraisal Review Board. It is the recommendation of the Appraisal Review Board that the City pay Six Hundred and Fifty Dollars ($650.00) for Parcel No. 7, Map. 5 and Nineteen Thousand Five Hundred Dollars ($19,500.00) for Parcels 10, 11 & 12 for the three (3) temporary easements. The results of our negotiations are that Mr. Sandoro, has agreed to accept payment as follows: Parcel # 7, Map5 - Permanent Easement:$ 650.00 Parcel#10,Map8 -Temporary Easement: $13,000.00 per year @ 2 yrs. = $26,000.00 Parcel #11, Map9 - Temporary Easement:$ 1,835.00 per year @ 2 yrs. = $ 3,670.00 Parcel #12, Map 10 - Temporary Easement:$ 135.65 per year @ 2 yrs. = $267.00 Total Payment for Temporary Easements for 2 Years: $29,937.00 The project is expected to be completed within two years. Additional year payment will be prorated from the annual amount, if the project exceeds the two-year construction schedule. I am recommending that Your Honorable Body authorize the above negotiated payments to Mr. James T. Sandoro for the permanent easement in the amount of Six Hundred and Fifty Dollars ($650.00) and Twenty-Nine Thousand Nine Hundred Thirty-Seven Dollars for the temporary easements. I am further recommending that the Corporation Counsel prepare the necessary documents for the permanent and temporary easements for Parcel Nos. 7, 10, 11 & 12. Mrs. LoTempio moved That the above communication from the Office of Strategic Planning, Division of Real Estate, dated October 25, 2001, be received and filed; and That the Division of Real Estate acquire the necessary permanent and temporary easement for Parcels 7, 10, 11 & 12, parcels along the northwest comer of Carrol I Street and Carroll Place, encompassing 325 sq. ft. of land, for purposes connected with the reconstruction of Michigan Avenue and the bridge between Seneca and Exchange Streets with James T. Sandoro in the amount of Six Hundred and Fifty Dollars ($650.00) arid Twenty-Nine Thousand Nine Hundred and Thirty-Seven Dollars ($29,937.00); and That the Corporation Counsel be authorized to prepare the necessary documents for the permanent and temporary easements for Parcel Nos. 7, 10, 11 & 12 and that the Mayor be authorized to execute the same. PASSED AYES -12 NOES - 0 NO. 15 EXCHANGE NIAGARA STREET PROPERTIES FOR 394 - 396 HERTEL AVENUE ITEM #174, C.C.P. 9/4/01 In the above referenced item Your Honorable Body authorized the Division of Real Estate to negotiate the acquisition of 394-396 Hertel Avenue for a municipal parking lot. The property consists of two vacant lots having a frontage of 68'and an irregular depth of 170 feet and is located on the comer of Deer. Funds for construction of the parking lot are available in Account #31-35311006 - Hertel Avenue Reconstruction. Page 10 01-1030.txt We contacted the owner of the property at 84 Group, Inc., 295 Main Street, Buffalo, New York 14203. We were advised by their representative, Mr. William Paladino, that they would be interested in exchanging the Hertel Avenue properties for city-owned parcels located at 513, 586 Niagara and 143 Jersey which is adjacent to 586 Niagara. In accordance with Article 27, Section 27-7, "The Council may ... authorize the exchange of real property... Any lands acquired in exchange. . ., shall be of substantially equal value to the property conveyed to the City. " The Division of Real Estate has prepared an analysis of the parcels involved in the exchange showing the lot sizes and the indicated sale price range for the exchange: Parcels to be acquired from 84 Group, Inc.: Address Lot Size: 394 Hertel 34'x 173' 396 Hertel 34'x 140' Total Sq. Ft. 10,642 Sale prices of similar properties in the area range from forty-six cents (.46) to eighty-five cents (.85) per square foot, Indicated value of the parcels is between Forty-Nine Hundred Dollars ($4,900.00) and Nine Thousand Dollars ($9,000.00). Parcels to be acquired from the City: AddressLot Size: 513 Niagara24'x 125' 586 Niagara29'x 132' 143 Jersey56' x 50' Total Sq. Ft.9,628 Sale prices of similar properties in the area range from fourteen cents (. 14) to seventy-two cents (.72) per square foot. Indicated value of the City parcels is between Fourteen Hundred Dollars ($1,400.00) and Seven Thousand Dollars ($7,000.00). I am recommending that Your Honorable Body authorize the exchange of the city-owned vacant lots located at 513, 586 Niagara and 143 Jersey for the vacant lots owned by 84 Group, Inc. located at 394 & 396 Hertel Avenue. 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. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated October 22, 2001, be received and filed; and That the Division of Real Estate, in accordance with Article 27, Section 27-7, exchange the city-owned vacant lots located at 513, 586 Niagara Street and 143 Jersey Street for the vacant lots owned by 84 Group, Inc. located at 394 & 396 Hertel Avenue for a municipal parking lot. That the Corporation Counsel be authorized to prepare the necessary documents for transfer of title and that the Mayor be authorized to execute the same. PASSED AYES -12 NOES - 0 NO. 16 RESPONSE TO THE LETTER TO CONGRESSMAN JOHN LAFALCE FROM ATTORNEY STEVEN POLOWICZ REGARDING THE CDBG AND HOUSING PROGRAMS ITEM NO. 57 - C.C.P. 10116/011 Page 11 01-1030.txt The attached letter was provided to Congressman LaFalce in response to the letter from attorney Steven Polowitz dated July 24, 2001. The administration will continue to work with the Common Council to ensure that block grant funds are allocated to eligible projects which support the long term health of our City. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 17 RESPONSE TO REQUEST TO OCCUPY CARY STREET ITEM #79, C.C.P, 10/2/01 The above referenced item was referred to the Office of Strategic Planning, Division of Real Estate, for comment. The Common Council, Commissioner of Public Works and the City Planning Board have jurisdiction with the granting of an easement in a public right of way and the closing of a street. The Division of Real Estate would not have any involvement, since there is no sale of property and will defer to the aforementioned authorities. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 18 RESULTS OF NEGOTIATIONS 99 BISSELL, 90' N MCKIBBIN VACANT LOT: 30' X 110' ASSESSED VALUATION: $2,600 The office of Strategic Planning, Division of Real Estate, has received a request to purchase from Ms. Madeline C. Jordan, 97 Bissell Street, Buffalo, New York 14211. Ms. Jordan owns and resides at 97 Bissell Street, which is adjoining to 99 Bissell Street. Ms. Jordan intends 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 building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Carol P. Lorigo, Appraiser, 4185 Seneca Street, West Seneca, New York 14224. She has estimated the value of the parcel to be Two Hundred Dollars ($200), Six Cents (.6) a square foot. The Division of Real Estate has investigated the sales of similar properties in the area. Sales price range from Fourteen Cents (.14) to Thirty-Four Cents (.34) a square foot. The results of our negotiations are that Ms. Jordan has agreed and is prepared to pay Five Hundred Dollars ($500), Fourteen Cents (.14) a square foot, for this parcel. She 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 99 Bissell Street to Ms. Madeline C. Jordan in the amount of Five Hundred Dollars ($500). 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 RESULTS OF NEGOTIATIONS 264 GRANT,2591 S DELAVAN VACANT LOT: 30' X 134' ASSESSED VALUATION: $8,000 Page 12 01-1030.txt The office of Strategic Planning, Division of Real Estate, has received a request to purchase fromMr. Victor M. Alicea and Ms. Adelaida Cotto, 262 Grant Street, Buffalo, New York 14213. They own a two family home at 262 Grant Street, which is adjoining to 264 Grant Street. They intend to widen the driveway and use for extra yard 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 of Buffalo by the purchaser. An independent appraisal of the property was conducted by Pamela S. Breidenstein, 798 Center Road, West Seneca, New York 14224. She has estimated the value of the parcel to be Two Thousand Eight Hundred Dollars ($2,800.), Seventy Cents (.70) a square foot. The Division of Real Estate concurs with the estimate of value. The results of our negotiations are that Mr. Alicea and Ms. Cotto have agreed and are prepared to pay Two Thousand Eight Hundred Dollars ($2,800.) for this parcel. 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 264 Grant Street to Mr. Victor M. Alicia and Ms. Adelaida Cotto in the amount of Two Thousand Eight Hundred Dollars ($2,800). 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. 20 RESULTS OF NEGOTIATIONS 384 KOONS, 210' N MCKIBBIN VACANT LOT: 30' X 1131 ASSESSED VALUATION: $ 2600. The office of Strategic Planning, Division of Real Estate, has received a request to purchase 384 Koons Avenue from Mrs. Dysire Pitts Johnson, daughter and Power of Attorney for Mrs. Rose J. Lance who owns and resides at 386 Koons Avenue, which is adjoining to 384 Koons Avenue. Mrs. Lance intends 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 building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by William J. Kushman, Jr., Kushman Appraisal Service, Inc., P.O. Box 828, Buffalo, New York 14231. He has estimated the value of the property to be Three Hundred Dollars ($300), Eight Cents (.8) a square foot. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales prices range from Fourteen Cents (.14) to Thirty-Four Cents (.34) a square foot. The results of our negotiations are that Mrs. Pitts-Johnson for Mrs. Lance have agreed and are prepared to pay Five Hundred Dollars ($500), Fourteen Cents (.14) a square foot, for the subject property. She has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 384 Koons Avenue to Mrs. Pitts-Johnson, Power of Attorney for Mrs. Rose J. Lance in the amount of Five Hundred Dollars ($500). 1 am further recommending that the Page 13 01-1030.txt 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. 21 RESULT OF NEGOTIATIONS 88 MOSELLE, 8471 N WALDEN LOT SIZE:301 X 1061 ASSESSED VALUATION: $2,500 90 MOSELLE, 608.291 S GENESEE LOT SIZE: 30' X 1061 ASSESSED VALUATION: $2,500 The Office of Strategic Planning, Division of Real Estate has received a request to purchase the above properties from Mr. Jimmie R. Exum and Mrs. Betty L. Exum, 94 Moselle, Buffalo, New York 14211. Mr. and Mrs. Exum own and reside at 94 Moselle Street, which adjoins 88 and 90 Moselle Street. They intend to extend their garage and 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 building code violations, taxes or other liens owed to the City by the purchaser. 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 properties to be One Thousand Five Hundred Dollars ($1,500), Twenty-four cents (.24) 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. Exum have agreed and are prepared to pay One Thousand Five Dollars ($1,500). 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 88 and 90 Moselle Street to Mr. and Mrs. Exum in the amount of One Thousand Five Hundred Dollars ($1,500). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 22 TEMPORARY EASEMENT - MICHIGAN AVENUE BRIDGE PROJECT - MAP 6, PARCELS 8 & 9 The Commissioner of Public Works has requested the Division of Real Estate to acquire the necessary temporary easements for purposes connected with the reconstruction of Michigan Avenue and the Bridge between Seneca and Exchange Streets. Funds for this project were approved pursuant to Item #268, C.C.P. 9/22/98. Parcels No. 8 and No. 9 are owned by the Uniland Development Partnership, L.P., 100 Corporate Parkway, Amherst, New York 14226. Parcel No. 8 consists of 2670 square feet of land along the westerly boundary of Carrol Place. Parcel No. 9 consists of 2599 square feet of land along the easterly boundary of Carrol Place. Temporary easements are needed for a period of two (2) years. Two independent real estate appraisals were commissioned by the Department of Public Works and reviewed by the City of Buffalo Appraisal Review Board. It is the recommendation Page 14 01-1030.txt of the Appraisal Review Board that the following compensation be paid for these easements: Temporary Easement (Rental) $1,100 per year x 2 years - $2,200 In accordance with Eminent Domain Procedure Law an offer was prepared and forwarded to the Owner, Uniland Partnership, L.P., in the amount of Twenty-Two Hundred Dollars ($2,200.00). The owner has elected to accept the amount of Twenty-Two Hundred Dollars ($2,200.00) as an advance payment reserving the right to file a claim for additional compensation. I am recommending that Your Honorable Body approve the advance payment of Twenty-Two Hundred Dollars ($2,200.00) to Uniland Partnership, L.P. I am further recommending that the Corporation Counsel prepare the necessary documents for the temporary easements for Parcel No. 8 and No. 9. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated October 25, 2001, be received and filed; and That the Division of Real Estate acquire the necessary temporary easements for Parcels No. 8 and No. 9, along the westerly boundary of Carroll Place, for a period of two (2) years for purposes connected with the reconstruction of Michigan Avenue and the bridge between Seneca and Exchange Streets with Uniland Partnership, L.P. in the amount of Two Thousand and Two Hundred Dollars ($2,200.00); and That the Corporation Counsel be authorized to prepare the necessary documents for the temporary easements for Parcel Nos, 8 and No. 9 and that the Mayor be authorized to execute the same. PASSED AYES -12 NOES - 0 No. 23 Transfer of Title, Urban Homestead Program 215 East North Street (City Owned-vacant lot, dimensions 40' x 97') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 215 East North Street, Buffalo, New York 14208, parcel is 40' x 97' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Herbert Bridgers and Mrs. Maggie Bridgers residing at 207 East North Street indicated that they will clean, improve and maintain the lot in the event that they obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteaders. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr. Herbert Bridgers and Mrs. Maggie Bridgers on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 24 Transfer of Title, Urban Homestead Program Page 15 01-1030.txt 141 Masten (City Owned-vacant lot, dimensions 31' x 125') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 141 Masten Avenue, Buffalo, New York 14209, parcel is 3 V x 125' in dimension; and it has been determine (that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Willie L. Harden residing at 147 Masten Avenue indicated that he will clean, improve and maintain the lot in the event that he obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr.Willie L. Harden on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 25 Transfer of Title, Urban Homestead Program 120 Montana (City Owned-vacant lot, dimensions 30' x 105') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 120 Montana Avenue, Buffalo, New York 14211, parcel is 30' x 105' in dimension; and it has bee determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Ms. Elizabeth Ann Williams residing at 116 Montana Avenue indicated that she will clean, improve and maintain the lot in the event that she obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Ms. Elizabeth Ann Williams on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 26 Transfer of Title, Urban Homestead Program 483 Northampton (City Owned-vacant lot, 35' x 111') The Office of Strategic Planning has surveyed the city-owned vacant lot at 483 Northampton Street ( Buffalo, New York 14208, parcel is 35' x I I V in dimension; and it has been determined that this parcel inappropriate for either the construction of new housing or needed for public purposes. Mr. Letcher Ross and Mrs. Juanita Ross residing at 487 Northampton Street indicated that they will clean, improve and maintain the lot in the event that they obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have Page 16 01-1030.txt been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteaders. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr. and Mrs. Ross on the condition that the property is cleared and improved within months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 27 Appt.-Supr. Auditor (Inter) (Compt.) #12 CCP Oct. 16, 2001 Because of various vacancies in this department, we have already accumulated more than $300,000 in savings for the current fiscal year, 2001-2001. While we have achieved significant savings because of the vacancies, this department is still charged with performing vital financial oversight operations for the city, To that end, this appointment is most important and I would request the council to approve this appointment. As we all know, the city faces enormous challenges in the days and weeks ahead as we struggle with our financial difficulties. It is extremely important at this time to not lose the ability to perform and supervise the vital oversight duties of the Department of Audit and Control that already have been reduced because of staffing I respectfully request immediate attention to this matter. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 28 CERTIFICATE OF NECESSITY CAPITAL BUDGET AMENDMENT AUTHORIZATION FOR ADDITIONAL CAPITAL INDEBTEDNESS BOARD OF EDUCATION We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify, pursuant to 20-28 of the Charter, that it is necessary to authorize an increase in indebtedness for Capital Projects Program, provided by the Common Council prior to January 1, 2001 for the ensuing fiscal year, by adding the following item: Board of Education Capital Projects District Wide Technology Plan (partial reconstruction of various schools) $34,000,000 RECEIVED AND FILED NO. 29 Comprehensive Annual Financial Report For Fiscal Year Ended June 30, 2000 This is to advise that copies of the Comprehensive Annual Financial Report of the Comptroller of the City of Buffalo for the fiscal year ending June 30, 2000 have been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor and the Budget Office. Included therein is the Audit Report of Ernst & Young LLP. This report is available as a public record for inspection by all interested parties. Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and Page 17 01-1030.txt file such response with the City Clerk as a public record for inspection by all interested parties not later than January 13, 2002. REFERRED TO THE COMMITTEE ON BUDGET NO. 30 State Comptroller Letter re: Employer Contributions to State Retirement Systems I am including the attached letter from the NYS Comptroller to inform the Council and Administration of the Comptroller's recommendation to prepare for marked increases in our future pension costs. I will continue to inform the Council and Administration of any further communications or updates regarding such costs. REFERRED TO THE COMMITTEE ON BUDGET NO. 31 SECTION 108 LOAN The Executive Committee of the Towne Gardens Housing Development Fund Company Inc. has asked me to inform you that OMHAR has taken the position in their restructuring program for Towne Gardens that they will not restructure the 108 loan under the Mark to Market Program. The proposed restructuring program will reduce the annual property rent potential by approximately $160,000.00. The combination of the proposed rent loss and the approximately $210,000.00 in annual payments imposes a negative cash flow position of $370,000.00. Therefore, the property cannot make 108 Loan payments at the level prescribed in the terms. The property can make annual 108 Loan payments at the level of $48,000.00. It is our understanding that the city can renegotiate the 108 Loan with HUD. We will be happy to help in this effort. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE DIRECTOR OF STRATEGIC PLANNING AND THE CORPORATION COUNSEL NO. 32 NOTICE OF PROPOSED LEAD AGECY DESIGNATION ADELPIHIA COMMUNICATIONS CORPORATION OPERATIONS CENTER The New York State Urban Development Corporation, d/b/a Empire State Development Corporation ("ESDC"), proposes to serve as lead agency for the environmental review process to be carried out under the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations (6NYCRR Part 617) in connection with the proposed development of the Adelphia Communications Corporation Operations Center at the project site. The project site is located in the City of Buffalo, Erie County, New York. The proposed project will be developed on a parcel of land bounded by Scott Street on the north, Perry Street on the south, Washington Street on the east and Main Street on the west. The project site (Section #122.05,Block # 2, Lot # 1. 1) is generally known as "the Webster Block" and adjoins the HSBC Arena. The parcel is located within an Urban Renewal Area and is currently zoned MI. The site is approximately 1.9 acres. The proposed action has been classified as a Type I Action under the implementing regulations for SEQRA in Page 18 01-1030.txt accordance with Part6l7.4(b)(6)(v) since it will be located in a city having a population of more than 150,000 persons and will result in a facility with more than 240,000 square feet of gross floor area. The proposed project involves the construction and operation of a new mixed-use office building in downtown Buffalo to include office space for a minimum of 1,500 Adelphia employees. It is anticipated that the building will be between 15 and 32 stories high. The project will contain up to 560,000 square feet of office (including on-site parking), ground level commercial and retail uses, and potential off-site parking. ESDC's discretionary actions related to the project include: approval of approximately $62.4 million in funding; approval of a General Project Plan; and related actions. If within thirty (30) days from the mailing of this notification there are no comments, it will be assumed that your agency has no objections to ESDC serving as lead agency for the environmental review of the project. A reply before October 31, 2001 is requested (a reply form is enclosed for your convenience). The contact person is Rachel Shatz, Director, Planning & Environmental Review, Empire State Development Corporation, 633 Third Avenue, New York, NY 10017, (212) 803-3252. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 33 Supplemental Leave Agreement: Operation Enduring Freedom Approximately one and a half weeks ago, I forwarded by email to the PBA (buffalopba@aol.com) a proposed Memorandum of Agreement concerning supplemental leave with reduced pay for members of the bargaining unit on extended military duty for Operation Enduring Freedom. I have not had any response from the PBA, so I am forwarding a copy of the agreement by fax and regular mail. Please advise me of the PBA's position with regard to the agreement. If there are no objections, I will forward signed agreements to you for your signature. Mrs. LoTempio moved: That the Memorandum Agreement concerning supplemental leave with reduced pay for Operation Enduring Freedom between the City of Buffalo and the Buffalo Police Benevolent Association, Inc. be and hereby is ratified and approved to take effect retroactively to September 11, 2001 and to expire on March 11, 2002 unless extended by mutual agreement. PASSED AYES-12 NOES-0 No. 34 REQ. PERMISSION FOR BAKED GOOD SALE We were referred by Rick, Building Supervisor, to put in writing to you that EVA L. JELTZSDA SCHOOL needs to have a bake goods sale in the lobby of City Hall November 8, 9, 15 and 16, 2001 time 10:00 am - 3:00 pm. Hon. James Pitts, we seriously need these dates for the bake goods and possibly future dates in order to help raise monies for uniforms, school supplies and putting the church van on the road for parents with no way of transporting their children to school and from the school. Hon. James Pits, we have voted faithfully with confidence, for you since you have been in office. Please, we need your Page 19 01-1030.txt help now! Mrs. LoTempio moved: That the Common Council does hereby authorize Eva L. Jeltz SDA School to use the lobby of for a bake sale on November 8, 9, 15, and 16th, 2001 from 10 am to 3 pm PASSED AYES - 12 NOES - 0 FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION No. 35 Board of Assessment Review Appointment, Permanent Member The appointment to the Board of Assessment Review of Henry Osinski, expired on September 30, 2001. By state provision, a Board of Assessment Review member whose term has expired may not participate in board actions and may not be considered for purposes of determining a quorum. Additionally any new or re-appointed member must receive training from the Erie County Director of Real Property Services and be certified to New York State before assuming the duties of a board member. Therefore, I am respectfully requesting Common Council action to fill this five (5) year vacancy as soon as possible so that the required training can occur before commencement of hearings. The following is a roster of current Board members and the dates their respective appointments will expire. Ruthetta Smikle126 Crescent Ave, Buffalo NY 14214 9/30/02 Edward Herndon19 Summer St, Buffalo NY 14209 9/30/03 Keith Barnes29 Frankfurt Ave, Buffalo NY 14211 9/30/04 William Maggio230 Wellington Rd, Buffalo NY 14216 9/30/05 REFERRED TO THE COMMITTEE ON LEGISLATION NO. 36 Board of Assessment Review Appointment, Temporary Members I am respectfully requesting Common Council action to appoint at least three (3) temporary members to the Board of Assessment Review (BAR) to serve twenty to no more than forty days as needed during the time period of December 2001 to mid-February 2002. The Department of Assessment is preparing contingencies should it prove to be necessary to supplement the existing permanent board for the upcoming assessment challenge period. Three temporary boardmembers working in conjunction with the five (5) permanent members will allow this office to establish two (2) mini-boards. Last year, although your Honorable Body made temporary appointments, we were able to handle all of the BAR hearings with just the permanent boardmembers and did not incur the additional expense of calling in temporary members. We are hopeful that assessment challenges this year will be no more and perhaps less than last year, but there is no way to predict the numbers. Since State law requires temporary members to receive training by the Erie County Director of Real Property Services prior to serving, we will need to have these members appointed by early December 2001. Approval of temporary members now, will permit establishing the mini-boards if necessary without further delay. The following are the names of individuals who were appointed as temporary members last year: Page 20 01-1030.txt Coralia J. Hetzner Robert Zielinski 67 Lancaster Ave 30 Lyman St Buffalo NY 14222 Buffalo NY 14206 REFERRED TO THE COMMITTEE ON LEGISLATION NO. 37 "B. Williams-Eider R. DeBow Pardon-Praise Temple" Item #72, CCP 9/18/2001 704-706 William Street The above item was referred to the Department of Assessment and Taxation for a response. Our records do not show that the Common Council had directed this office to assess the demolition cost against 706 William nor did we enter into an agreement with the owner to pay the demolition charge. Pastor DeBow does reference a payment plan arrangement. Since the Division of Collection is charged with the duty of collecting the demolition cost, it is suggested that your Honorable Common Council refer this item to that office and also to the Department of Law for a response. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 38 Notification Serial #9357 No Standing - Repeal on Forest Avenue, south side between Elmwood Avenue and a point 185 feet west therefrom 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 CounciI meeting at which they appear on the agenda as an item business. 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 Forest Avenue, south side between Elmwood Avenue and a point 185 feet west therefrom PROHIBITED PERIOD - DAILY At all times This action is being taken to accommodate the business located at 577 Forest Avenue with a load and unload zone. (see next serial) Notification Serial #9358 Install No Parking on Forest Avenue, south side between a point 125 feet west of Elmwood Avenue and a point 185 feet west therefrom NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding Page 21 01-1030.txt thereto the, following: NO PARKING PROHIBITED PORTION OF HIGHWAY Forest Avenue, south side between a point 125 feet west of Elmwood Avenue and a point 185 feet west therefrom PROHIBITED PERIOD At all times This action is being taken to accommodate the business located at 577 Forest Avenue with a load and unload zone.(see previous serial', Notification Serial #9359 Traffic Control Signal - Repeal Sycamore Street at Mortimer Street TRAFFIC CONTROL SIGNAL - 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 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following TRAFFIC CONTROL SIGNAL INTERSECTION OF Sycamore Street at Mortimer Street This action is being taken as part of a Federally funded Congestion Mitigation/Air Quality (CMAQ) project. The project will involve the modernization of the existing signal system along Sycamore Street between Michigan Avenue to Walden Avenue. As part of the CMAQ program, all existing intersections contained in the project area must be analyzed according to Federal and State standards. This analysis must be performed to determine if new signals are needed and/or if current signalized intersections meet Federal/State warrants for the continued need of a traffic signal. This signal does not meet any of the current Federal and State warrants for its continued operation and should be considered for removal. Notification Serial #9360 Traffic Control Signal - Repeal Sycamore Street at Johnson Street TRAFFIC CONTROL SIGNAL - 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 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: TRAFFIC CONTROL SIGNAL INTERSECTION OF Sycamore Street at Johnson Street This action is being taken as part of a Federally funded Congestion Mitigation/Air Quality (CMAQ) project. The project will involve the modernization of the existing signal system along Sycamore Street between Michigan Avenue to Walden Avenue. As part of the CMAQ program. all existing intersections contained in the project area must be analyzed according to Federal and State standards. This analysis must be performed to determine if new signals are needed and/or if current signalized intersections meet Federal/State Page 22 01-1030.txt warrants for the continued need of a traffic signal. This signal does not meet any of the current Federal and State warrants for its continued operation and should be considered for removal. Notification Serial #9361 Traffic Control Signal - Repeal Sycamore Street at Johnson Street TRAFFIC CONTROL SIGNAL - 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 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: TRAFFIC CONTROL SIGNAL INTERSECTION OF Sycamore Street at Herman Street This action is being taken as part of a Federally funded Congestion Mitigation/Air Quality (CMAQ) project. The project will involve the modernization of the existing signal system along Sycamore Street between Michigan Avenue to Walden Avenue. As part of the CMAQ program. all existing intersections contained in the project area must be analyzed according to Federal and State standards. This analysis must be performed. to determine if new signals are needed and/or if current signalized intersections meet Federal/State warrants for the continued need of a traffic signal. This signal does not meet any of the current Federal and State warrants for its continued operation and should be considered for removal. Notification Serial #9362 Traffic Control Signal - Repeal Sycamore Street at Mills Street TRAFFIC CONTROL SIGNAL - 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 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: TRAFFIC CONTROL SIGNAL INTERSECTION OF Sycamore Street at Mills Street This action is being taken as part of a Federally funded Congestion Mitigation/Air Quality (CMAQ) project. The project will involve the modernization of the existing signal system along Sycamore Street between Michigan Avenue to Walden Avenue. As part of the CMAQ program. all existing intersections contained in the project area must be analyzed according to Federal and State standards. This analysis must be performed to determine if new signals are needed and/or if current signalized intersections meet Federal/State warrants for the continued need of a traffic signal. This signal does not meet any of the current Federal and State warrants for its continued operation and should be considered for removal. Notification Serial #9363 Page 23 01-1030.txt Traffic Control Signal - Repeal Sycamore Street at Sobieski Street TRAFFIC CONTROL SIGNAL - 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 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: TRAFFIC CONTROL SIGNAL INTERSECTION OF Sycamore Street at Sobieski Street This action is being taken as part of a Federally funded Congestion Mitigation/Air Quality (CMAQ) project. The project will involve the modernization of the existing signal system along Sycamore Street between Michigan Avenue to Walden Avenue. As part of the CMAQ program, all existing intersections contained in the project area must be analyzed according to Federal and State standards. This analysis must be performed to determine if new signals are needed and/or if current signalized intersections meet Federal/State warrants for the continued need of a traffic signal. This signal does not meet any of the current Federal and State warrants for its continued operation and should be considered for removal. Notification Serial #9364 Traffic Control Signal - Repeal Sycamore Street at Gittere Street TRAFFIC CONTROL SIGNAL - 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 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: TRAFFIC CONTROL SIGNAL INTERSECTION OF Svcarnore Street at Givere Street This action is being taken as part of a Federally funded Congestion Mitigation/Air Quality (CMAQ) project. The project will involve the modernization of the existing signal system along Sycamore Street between Michigan Avenue to Walden Avenue. As a part of the CMAQ program. all existing intersections contained in the project area must be analyzed according to Federal and State standards. This analysis must be performed to determine if new signals are needed and/or if current signalized intersections meet Federal/State warrants for the continued need of a traffic signal. This signal does not meet any of the current Federal and State warrants for its continued operation and should be considered for removal. Notification Serial #9365 Traffic Control Signal - Repeal Sycamore Street at Miller Avenue TRAFFIC CONTROL SIGNAL - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby Page 24 01-1030.txt 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 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: TRAFFIC CONTROL SIGNAL INTERSECTION OF Sycamore Street at Miller Avenue This action is being taken as pan of a Federally funded Congestion Mitigation/Air Quality (CMAQ) project. The project will involve the modernization of the existing signal system along Sycamore Street between Michigan Avenue to Walden Avenue. As part of the CMAQ program, all existing intersections contained in the project area must be analyzed according to Federal and State standards. This analysis must be performed to determine if new signals are needed and/or if current signalized intersections meet Federal/State warrants for the continued need of a traffic signal. This signal does not meet any of the current Federal and State warrants for its continued operation and should be considered for removal. Streets Notification Serial #9366 Traffic Control Signal - Repeal Walden Avenue at Rother/Kiefer Streets TRAFFIC CONTROL SIGNAL - 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 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: TRAFFIC CONTROL SIGNAL INTERSECTION OF Walden Avenue at Rother/Kiefer Streets This action is being taken as part of a Federally funded Congestion Mitigation/Air Quality (CMAQ) project. The project will involve the modernization of the existing signal system along Walden Avenue between Genesee Street and the City Line. As part the CMAQ program. all existing intersections contained in the project area must be analyzed according to Federal and State standards. This analysis must be performed to determine if new signals are needed and/or if current signalized intersections meet Federal/State warrants for the continued need of a traffic signal. This signal does not meet any of the current Federal and State warrants for its continued operation and should be considered for removal. Notification Serial #9367 Traffic Control Signal - Repeal Walden Avenue at Miller/Moselle Streets TRAFFIC CONTROL SIGNAL - 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 Page 25 01-1030.txt the agenda as an item business. That part of Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: TRAFFIC CONTROL SIGNAL INTERSECTION OF Walden Avenue at Miller/Moselle Streets This action is being taken as part of a Federally funded Congestion Mitigation/Air Quality (CMAQ) project. The project will involve the modernization of the existing signal system along Walden Avenue between Genesee Street and the City Line. As part o the CMAQ program, all existing intersections contained in the project area must be analyzed according to Federal and State standards. This analysis must be performed to determine if new signals are needed and/or if current signalized intersections meet Federal/State warrants for the continued need of a traffic signal. This signal does not meet any of the current Federal and State warrants for its continued operation and should be considered for removal. Notification Serial #9368 Traffic Control Signal - Repeal Walden Avenue at Koons Avenue TRAFFIC CONTROL SIGNAL - 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 fort), five days after the first Council meeting at which they appear on the agenda as an item business. That part of Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: TRAFFIC CONTROL SIGNAL INTERSECTION OF Walden Avenue at Koons Avenue This action is being taken as part of a Federally funded Congestion Mitigation/Air Quality (CMAQ) project. The project will involve the modernization of the existing signal system along Walden Avenue between Genesee Street and the City Line. As part o the CMAQ program, all existing intersections contained in the project area must be analyzed according to Federal and State standards. This analysis must be performed to determine if new signals are needed and/or if current signalized intersections meet Federal/State warrants for the continued need of a traffic signal. This signal does not meet any of the current Federal and State warrants for its continued operation and should be considered for removal. Notification Serial #9369 Traffic Control Signal - Repeal Walden Avenue at Wood Avenue TRAFFIC CONTROL SIGNAL - 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 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: TRAFFIC CONTROL SIGNAL INTERSECTION OF Page 26 01-1030.txt Walden Avenue at Wood Avenue This action is being taken as part of a Federally funded Congestion Mitigation/Air Quality (CMAQ) project. The project will involve the modernization of the existing signal system along Walden Avenue between Genesee Street and the City Line. As part of the CMAQ program, all existing intersections contained in the project area must be analyzed according to Federal and State standards. This analysis must be performed to determine if new signals are needed and/or if current signalized intersections meet Federal/State warrants for the continued need of a traffic signal. This signal does not meet any of the current Federal and State warrants for its continued operation and should be considered for removal. Streets Notification Serial #9370 Traffic Control Signal - Repeal Walden Avenue at Poplar Avenue TRAFFIC CONTROL SIGNAL - 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 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: TRAFFIC CONTROL SIGNAL INTERSECTION OF Walden Avenue at Poplar Avenue This action is being taken as part of a Federally funded Congestion Mitigation/Air Quality (CMAQ) project. The project will involve the modernization of the existing signal system along Walden Avenue between Genesee Street and the City Line. As part of the CMAQ program, all existing intersections contained in the project area must be analyzed according to Federal and State standards. This analysis must be performed to determine if new signals are needed and/or if current signalized intersections meet Federal/State warrants for the continued need of a traffic signal. This signal does not meet any of the current Federal and State warrants for its continued operation and should be considered for removal. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 39 REPORT OF BIDS - MASS. AVE. PROJECT PLUMBING Permission to take bids was received on Item #47, CCP: 10/02/01. 1 have received the following sealed formal proposals for the construction of a new domestic water service to the Massachusetts Avenue Project, which were publicly opened and read on Oct. 16, 2001. PLUMBINGBASE BID W.C. Roberson Plumbing$33,000 602 E. Delavan Buffalo, NY 14211 C & L Plumbing Inc$36,500 70 Sheldon Avenue Depew, NY 14043 E & R General Construction$38,500 38 St. David's Drive Page 27 01-1030.txt West Seneca, NY 14224 Kandey Co., Inc.$47,000 19 Ransier Drive West Seneca, NY 14224 Consultant's Estimate $38,550 I hereby certify that the foregoing is true and correct statement of the bids received and that the following firms are the lowest responsible bidders in accordance with the plans and specifications. Award for the plumbing contract shall be decided by the lowest responsible base bid. Plumbing WorkW.C. Roberson Plumbing$33,000 I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funds for this work are available in the Massachusetts Ave. Playground & General Construction account munis org. #30021406. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 16, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Massachusetts Avenue Project, to W.C. Roberson Plumbing, the lowest responsible bidder, in the amount of $33,000. Funds for the project are available in the Massachusetts Avenue Playground & General Construction account munis org. #30021406. PASSED AYES -12 NOES - 0 NO. 40 REPORT OF BIDS BUFFALO ZOOLOGICAL GARDENS MAIN ANIMAL BUILDING PLUMBING WORK I advertised for on September 28, 2001 and received the following sealed formal proposals for the Buffalo Zoological Gardens, Main Animal Building, Plumbing Work, which were publicly opened and read on October 12, 2001. Base Bid Deduct Alt #1 Matthew Kandefer, Inc. $238,238 ($72,500) 2215 Broadway, Buffalo, NY There were no other bidders. Alternate P-1 -. Delete all interior work for Conservation Exhibit. I hereby certify that the foregoing is a true and correct statement of all bids received and that Matthew Kandefer, Inc., with a Base Bid of $238,238.00, deduct Alternate P-1 for $72,500.00, for a total amount of One Hundred Sixty Five Thousand Seven Hundred Thirty Eight and 00/100 Dollars ($165,738.00) is the lowest responsible bidder in accordance with the plans and specifications. Total estimate for this work was $200,000.00. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funding for this project is available in the Capital Budget. Funding for this project has been provided by Erie County. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 18, 200 1, be received and filed; and Page 28 01-1030.txt That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Buffalo Zoological Gardens, Main Animal Building, Plumbing Work, to Matthew Kandefer, Inc., the lowest responsible bidder, with a Base Bid of $238,238,00, deduct Alternate P-1 for $72,500.00 for a total amount of $165,738.00. Erie County has provided funding for this project. PASSED AYES -12 NOES - 0 NO. 41 655 MAIN STREET, CANOPIES (2) WITHIN RIGHT OF WAY Mr. Larry Quinn of 655 Main Partners, LLP, has applied for permission to install two canopies which would encroach City right of way at 655 Main Street. The canopies would be located above entrances on Main Street and Washington Street, with projections into the right of way of approximately 10 feet and 8 feet, respectively. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413-56 (Awnings., Canopies and Marquees) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" to the applicant, 655 Main Partners, LLP, for said encroachment provided the following conditions are met: 1.That the applicant obtain any and all other required permits, including a building permit from room 301 City Hall. 2.That the City Planning Board review and approve the proposed canopies. 3.That the canopies be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 4.That the applicant provide The Department of Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use, and removal of said canopies. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 42 CHANGE IN CONTRACT CHANGE ORDER NO. I CONSTRUCTION OF HANDICAP RAMPS PHASE VI 11- 200 1, GROUP #566 C & C CONTRACTORS, INC. CONTRACT #92010411 ITEM NO. 126, 3/3/98 I hereby submit to our Honorable Body the following unit price additions to the contract for the above named Project. This change order was necessary to enable our department to correct hazardous concrete sidewalk locations, handicap ramps and curbs around the Hispanic's United of Buffalo (HLJB) located at 254 Virginia Street. HUB is a not for profit agency whose primary mission is to provide human services to the residents of Buffalo's west side and the Hispanic Community of Buffalo & Erie County. As ordered by the Commissioner of Public Works Parks & Streets. Page 29 01-1030.txt Change Order No. I ContractUnitEst Est ItemDescriptionUnitPriceQuantity Cost 02.110 Unclassified Excavation Cu.Yd.$80.00150.00 $12,000.00 R05.204Concrete Sidewalk 4"Sq. Ft.$3.20 6,924.00$22,156.80 replace R07.506Concrete Curb - Lin. Ft.$30.00235.00 $7,050.00 6" replacement 08.210Slotted Corrugated Lin. Ft.$5.00205.00 $1,025.00 Polyethylene Underdrain Pipe 12.110Maintenance & Protection of$3,000.00 100% $3,000.00 Lump Sum Traffic 613.0101TopsoilCu. Yd.$50.0050 $2,500.00 09.812Water Service Box - TopEach$150.005 $750.00 Section, Install/Replace Total $48,481.80 Contract Summary Original Contract Amount$89,485.00 Change Order No. I$48,481.86 Total Contract$137,966.80 Transfer an amount not to exceed $50,000 from C.D.B.G. 27-50204 to Department of Public Works Engineering Division, Capital Project Account #35310806 as per Item No. 3F from BURA meeting on October 25, 2001. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change order to C & C Contractors, Inc. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 24, 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. 1, to C & C Contractors, Inc., an increase in the amount of $48,481.86, as more fully described in the above communication, for work relating to Construction of Handicap Ramps, Phase VNI - 2001, Group #566, Contract #92010411. A transfer in an amount not to exceed $50,000 from C.D.B.G. 27-50204 to the Department of Public Works Engineering Division, Capital Project Account #35310806 as per Item No. 3F from the Buffalo Urban Renewal Agency meeting on October 25, 2001. PASSED AYES -12 NOES - 0 NO. 43 CHANGE IN CONTRACT SCHILLER PARK - PHASE 1 SITE CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Schiller Park Site Construction, Page 30 01-1030.txt Man-O'-Trees Contract #92010213. 1. Add: 201 hours of site security $2,964.75 2. Add: Excavation Unforeseen subsurface foundations were encountered and had to be chipped away and partially removed $1,500.00 3. Add: Reconstruction of chain link fence and sliding gate $2,677.50 4. Add: Additional Landscaping Supply and installation of shrubs $1,132.80 5. Credit: Survey Costs Credit back to Owner for cost incurred to confirm grades ($2,064.50) GRAND TOTAL: $6,210.55 The foregoing changed results in a net increase to the contract of Six Thousand, Two Hundred and Ten Dollars and 55/100 ($6,210.55) Summary: Current Contract Amount $716,237.00 Amount of this Change Order $ 6,210.55 Revised Contract Amount $722,447.55 Costs have been reviewed by the consulting Landscape Architect at P.J. Smith & Company and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF #36400706 I request that Your Honorable Body authorizes the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 16, 200 1, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Man-O'-Trees, an increase in the amount of $6,210.55, as more fully described in the above communication, for work relating to Schiller Park - Phase I Site Construction, Contract 992010213. Funds for this project are available in CPF #36400706. PASSED AYES -12 NOES - 0 NO. 44 CHANGE IN CONTRACT SCHILLER PARK PAVILION BUILDING GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following change for the Schiller Park Pavilion Building, general construction work, Man-O-Trees, Contract #92010276. 1. Add: Reconstruction of doors & locks, painting due to vandalism $1,804.20 2. Add: Rubber base board Page 31 01-1030.txt $1,529.44 3. Add: Demolition & removal of interior block wall $ 566.40 GRAND TOTAL: $3,900.04 The foregoing changed results in a net increase to the contract of Three Thousand, Nine Hundred Dollars and 04/100 ($3,900.04). Summary: Current Contract Amount $224,883.00 Amount of this Change Order $ 3,900.04 Revised Contract Amount $ 228,783.04 Costs have been reviewed by the consulting Landscape Architect at P.J. Smith & Company and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF #36400706 I request that Your Honorable Body authorizes the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 16, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Man-O'-Trees, an increase in the amount of $3,900.04, as more fully described in the above communication, for work relating to Schiller Park Pavilion Building, General Construction, Contract 992010276. Funds for this project are available in CPF #36400706. PASSED AYES -12 NOES - 0 NO. 45 CONCERNS WITH TRAFFIC SIGNAL OPERATION FILLMORE AVENUE AT EAST UTICA/FRENCH STREETS ITEM NO. 103, C.C.P. 05/01/01 The Department of Public Works, Parks and Streets was requested to reply to item # 103 of May 1, 2001. This item dealt with the traffic signal system at the offset intersection on Fillmore Avenue at East Utica and French Streets. Specifically, safety concerns were raised regarding pedestrians crossing the streets at this intersection. The traffic signal system at this location is constructed with pedestrian pushbuttons. These buttons, when activated, allow a pedestrian to cross Fillmore Avenue while all signal heads are red on Fillmore Ave. Crossing East Utica and French is accomplished while all traffic is stopped on East Utica and French. This situation reflects a typical pedestrian crossing pattern for an offset signalized intersection . The Traffic Engineering Section researched its records and found no trouble calls or accident history for this site from May, 2001 to the present. In addition, Signal Technicians have inspected and tested the pushbuttons at the intersection and found them to be working properly. At this time, this department cannot find any malfunction or problem with the operation of this signal system. However, an inspection of the site did note a lack of crosswalk and lane line striping. Therefore, a complete restriping of the pavement throughout this area has been scheduled for Spring 2002. Page 32 01-1030.txt REFERRED TO THE COMMITTEE ON LEGISLATION NO. 46 CURBING TYLER STREET ITEM# 69, C. C. P. 10/16/01 The referenced item was sent to this department for comment. We have estimated the curb replacement on Tyler Street at $125,000. Assuming that capital project funds become available to us, the work could be started in the spring of 2001. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 47 PERMISSION TO ACCEPT ADDITIONAL FUNDS FROM THE COUNTY OF ERIE BUFFALO ZOOLOGICAL GARDENS ITEM NO. 40, CCP 03/20/01 Permission is hereby sought from Your Honorable Body to accept an additional $650,000 from the County of Erie for the Rehabilitation of the Main Animal Building (Primate & Small Mammal). The County has already provided $2.0 Million for this project, acceptance of which Your Honorable Body has previously approved, and the additional funding will completely finance the project. No City funding is anticipated, This Department requests your permission for the Mayor to sign the amended agreement. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 22, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and be hereby is authorized to accept $650,000 from the County of Erie for the Rehabilitation of the Main Animal Building (Primate & Small Mammal). That the Mayor be, and he hereby is authorized to execute the amended Agreement. PASSED AYES -12 NOES - 0 NO. 48 RECEIVE FUND TRANSFER MASSACHUSETTS AVENUE PROJECT Having requested authorization from the Buffalo Urban Renewal Agency to transfer funds from a Massachusetts Avenue Project block grant account into a Massachusetts Avenue Project bond fund account to fund the construction of a new water line to Massachusetts Avenue Project. Permission is requested from Your Honorable Body to accept this transfer. AccountName Amount Transfer From: 25-08201 Mass. Ave. Project $25,245.64 Transfer To: 30021406Mass. Ave. General Construction$25,245.64 I hereby certify that the foregoing is true and correct report on the transfer. I hereby request permission of Your Honorable Body to accept the above transfer for the construction of a new waterline to the City owned Massachusetts Avenue Project. Mrs. LoTempio moved: That the above communication from the Commissioner of Page 33 01-1030.txt Public Works, Parks and Streets dated October 17, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to accept the transfer of $25,245.64 for the construction of a new waterline to the City-owned Massachusetts Avenue Project. PASSED AYES -12 NOES - 0 NO. 49 RECONSTRUCTION CLINTON ST. UNDERPAS,, GROUP #549 -CHANGE ORDER# I CONTRACT #92010391 DESTRO & BROS. CONCRETE CO., INC. I hereby submit to your Honorable Body the following change in contract for In order to properly finish construction for this project it is necessary to extend the full depth asphalt construction work from Sta. 18 + 00 to 15 + 15 and Sta. 22 + 00 to Sta. 26 + 00 (Clinton St.) and Sta. 18 + 00 to Sta. 22 + 00 (Babcock St.). Bids available for review in City Clerk's Office Original Contract Amount $843,937.60 Change Order $131,975.00 TOTAL $975,912.60 Funds for additional work in the amount of $131,975.00 are available in our Capital Project Account #35310706-445 100. I also request permission from your Honorable Body to accept additional fund: in the amount of $97,545.00 from Buffalo Water Authority to fund extension of the water lines from Clemo to New Babcock and New Babcock to Babcock I hereby certify that the amount of this change order is fair and equitable for the work involved, and I respectfully request that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to issue a change order to Destro & Brothers Concrete Co., Inc. as set forth above. Mrs LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 25, 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. 1, to Destro & Bros. Concrete Co., Inc., an increase in the amount of $131,975.00, as more fully described in the above communication, for work relating to Reconstruction of Clinton Street Underpass, Group 549, Contract #92010391, That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to accept additional funds in the amount of $97,545.00 from the Buffalo Water Authority to fund extension of the water lines from Clemo to New Babcock and New Babcock to Babcock. Funds for the additional work in the amount of $131,975.00 are available in Capital Project Account #35310706-445100. PASSED AYES -12 NOES - 0 NO. 50 PERMISSION TO APPROVE THE TRADE IN EQUIPMENT I would like to propose that the Council approve a trade-in of five out of service chassis, four surplus tractors, two aluminum transfer trailers, and two steel transfer trailers, and two steel transfer trailers toward the purchase of tandem axle dump chassis from our existing bid 97089. Page 34 01-1030.txt The five chassis are worth $3,000.00 each for $15,000.00, the tractors are worth $22,5000.00 each for $90,000.00 and the aluminum trailers are worth $40,000.00 each for $80,000.00 and the steel trailers are worth $50,000.00. The vehicle numbers are as follows: SR-25, 26, 35; S-1295, 113, 603, 604, 605, and 606. These trades can provide two complete pieces of snow fighting equipment to be used this winter if we can get the order in this month due to build dates. REFERRED TO THE COMMITTEE ON FINANCE NO. 51 PERMISSION TO PURCHASE A STEP VAN I would like to propose that we purchase another Step Van like the Mobile Adoption vehicle we bought for the Animal Shelter to be used on the Tote Delivery and Repair Program. We can reduce our cost with the trade-in of three pieces of equipment (S-635, S-110 and S-111) presently out of service for a total of $14,000.00 leaving a balance of $30,050.00. I, therefore, request that the Common Council authorize the purchase of a Step Van as stated above for our Tote Delivery and Repair Program. REFERRED TO THE COMMITTEE ON FINANCE NO. 52 REQUEST TRAFFIC SIGNAL INTERSECTION OF PARKRIDGE AND LISBON AVENUE ITEM NO. 90, C.C.P. 05/29/01 The Department of Public Works, Parks and Streets was asked to respond to item # 90 of May 29,2001. This item requested the installation of a traffic control signal at the intersection of Parkridge and Lisbon Avenues. This departments Traffic Engineering Office has reviewed this request. A traffic signal may be constructed at an intersection if any one of eight warrants are met as specified in the New York State Manual of Uniform Traffic Control Devices. After a traffic study was performed, it was found that none of these warrants are satisfied. Therefore, this department will not be installing a traffic signal at this intersection. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 53 RESPONSE TO INQUIRY MASTEN PARK FIELD HOUSE ITEM NO. 76, CCP 10/16/01 The estimated cost for the repairs at the Masten Park Field House is $250,000.00. Funding for this work is being requested by the Department of Public Works, Parks & Streets for the 2001-2002 Capital Budget. REFERRED TO THE COMMITTEE ON FINANCE NO. 54 SEQR LEAD AGENCY DESIGNATION BUFFALO INTERMODAL TRANSPORTATION CENTER (BITC This communication is to inform Your Honorable Body and all other involved agencies that the City of Buffalo, Department of Public Works, Parks and Streets is hereby declared as the lead agency for environmental review, design and construction of the proposed BITC. Page 35 01-1030.txt This project has been categorized as an unlisted action with a coordinated review. Any questions, comments and or concerns regarding this lead agency designation should be directed to our department. RECEIVED AND FILED NO. 55 TRAFFIC CONCERNS ALONG SOUTH ELMWOOD AVENUE BETWEEN EDWARD AND VIRGINIA STREETS ITEM NO. 234, C.C.P. 05/01/01 The Department of Public Works, Parks and Streets was requested to respond to item # 234 of May 1, 2001. This item dealt with safety issues regarding traffic flow on South Elmwood Avenue between Edward and Virginia Streets. This departments Traffic Engineering Section has investigated this matter and has taken the following action: Checked and tuned the operation of the traffic signals at the South Elmwood/Virginia and South Elmwood/Edward intersections. Installed "S" curve warning signs on South Elmwood Avenue for north and south bound traffic. Installed several chevron warning signs along the curve on South Elmwood Avenue between Edward and Virginia Streets. This department will continue to monitor this area and take further action if conditions warrant it. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 56 RESPONSE TO ADDITIONAL INFORMATION REPORT E. SAUNDERS UNITY BLDG. ITEM NO. 183, CCP 03/06/01 The Department of Public Works has directed the Project Architect, E I Team, to prepare a phased plan for the Saunder's Center Expansion to fully utilize the currently available funding. Given the commitment to the architect's contract, the funds available are: Original Appropriation$ 400,000.00 E I Team's Contract$ 73,837.50 $ 326,162.50 When the revised plans are available, a copy will be forwarded to Your Honorable Body. In regards to rent or reimbursement from Erie County, the Department of Public Works, Parks & Streets has no knowledge. We recommend that your question be addressed to the Real Estate Department. REFERRED TO THE COMMITTEE ON FINANCE NO. 57 RENAMING OF FLORIDA PANSY PARK ITEM # 173, C.C.P. 10/16/01 The referenced item was sent to this department for comment. Please be advised that we have no objection to renaming Florida Pansy Park in honor of Horace "Billy" Johnson. RECEIVED AND FILED NO. 58 R. GIBSON CONCERNS-TREE TRIMMING 103 WOHLERS ITEM # 146, C.C.P. 09/04/01 Page 36 01-1030.txt The referenced item was sent to this office for comment. The tree in front of 103 Wohlers will be trimmed as part of our 2002 contract. This work should be completed between January and June 2002. REFERRED TO THE SPECIAL COMMITTEE ON STREETS SERVICES NO. 59 A. STEWARD-SAVE CHRISTMAS TREE 904 NORTHAMPTON ITEM # 147, C.C.P. 09/04/01 The referenced item was sent to this department for comment. The tree at 904 Northampton is in a vacant lot. It is healthy and sound. We have no intention of removing this tree. RECEIVED AND FILED FROM THE COMMISSIONER OF POLICE NO. 60 DRUG ASSET FORFEITURE CHECKS RECEIVED ITEM NO. 104, C.C.P. 2/2/88 8155-00114504C2-01-0086$634.38 8155-00114504C2-01-0064 49,964.46 8155-00114506C2-01-0071619.15 8155-00114689C2-01-0078724.15 8155-00114689C2-01-00965,830.25 8155-00114689C2-01-00951,385.95 8155-00114689C2-01-0060377.68 8155-00114689C2-01-00681,422.23 8155-00114689C2-01-0051646.34 8155-00114689C2-01-0053694.34 TOTAL DEPOSIT $62,298.93 The above referenced property has been administratively forfeited by the Drug Enforcement Administration. (DEA). The checks were received by this Department and duly deposited in the Trust & Agency Account, #20010000-389001. These funds will be placed into one or more of the following accounts as deemed by the Commissioner of Police: Educational Training/Seminar Confidential Funds Materials and Supplies Firearms and Weapons Communications and Computers Electrical Surveillance Purchase of Services Improvements Vehicles Operating Equipment If you have any questions regarding the above mentioned, please contact Chief Edward Hempling at 851-518 1. REFERRED TO THE COMMITTEE ON BUDGET FROM THE COMMISSIONER OF FIRE NO. 61 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 the week of October 12 - 18, 2001. Respectfully submitted, REFERRED TO THE COMMITTEE ON BUDGET FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 62 USED CAR DEALER Page 37 01-1030.txt 2312 BAILEY Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 2312 Bailey and find that as to form it is correct. I have cause an investigation into the premises for which said application for a used car dealer license is being sought an according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I rind i complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of James Dingeldey. The attached thereto for James Dingeldey d/b/a Infinity Auto. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 63 CERTIFICATE OF APPOINTMENT Appointment Effective: October 24, 2001 in the Department of Permit & Inspection Services, Division of Permit Office to the Position of Building Plans Inspector, Provisional Appointment at the Maximum Starting Salary of $43,809. Mario Sirianni, 694Tacorna,Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 64 CERTIFICATE OF APPOINTMENT (AMENDED) Appointment Effective: August 27, 2001 in the Department of: Administration & Finance, Division of: Inventory & Stores to the Position of: Principal Stock Clerk, Permanent Appointment at the Intermediate Starting Salary of $ 27,194 Henry Stahl, 1106 Pierce St., Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF COMMUNITY SERVICES NO. 65 LETTER DATED 10/24/01 "STATUS/LJPDATE COB/EEO/AFFIRM. ACTION PLAN (# 184,2/20 (# 120 CCP JUNE 12, 200 1 ) In response to the letter dated October 24, 200 1, regarding the status of the City of Buffalo's Affirmative Action Plan, please be advise the following: As discussed at the special Civil Service Committee meeting, our office would make available a "Draft" copy to this honorable body for comments until the Law Department would complete its review. In reference to the possibility of "reviving an Affirmative Action Task Force", I am not aware of any such task force nor do our o have any record of such a task force. Therefore, I offer no comments at this point. As per the City's Charter revision, the Department of Human Resources is responsible for ALL city employee's Human Rights allegations. The following is a summary of human rights cases handled by the Department of Human Resources since January 200 4 Sexual harassment - I dismissed by EEOC, I turned over to Buffalo police, I not substantiated and I on going 3 Racial discrimination - I settled, I not substantiated, I going to arbitration 2 Gender discrimination - I settled, I not substantiated 1 Age discrimination - not substantiated Page 38 01-1030.txt 1 Pregnancy discrimination - settled 1 Disability discrimination- on going Any questions regarding the above summary should be referred to the Department of Human Resources I am enclosing a copy of the most recent EEO report filed with the Department of Justice. Be advised that once the proposed Affirmative Action Plan is approved by this honorable body and signed by the Mayor, it would be filed with the Department of Justice. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSION ON CITIZENS' RIGHTS AND COMMUNITY RELATIONS NO. 66 W. JONES - CONCERNS - FIRE DEPARTMENT ITEM #109 In response to your request for review of Item #109, CCP March 20, 2001 "W. Jones - Concerns - Fire Department", the Commission on Citizens' Rights and Community Relations has prepared the following response: Please be advised that the attached correspondence, dated October 15 th , 2001 has been sent to Commissioner Cornelius Keane of the Buffalo Fire Department. The Commission has requested a response from Commissioner Keane within 15 working days. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BOARD OF EDUCATION NO. 67 ADELPHIA PARTNERSHIP REPORT At the July, 2001 Education Committee meeting I was asked to attend, the Council requested me to update them on the Adelphia Partnership agreement with the Buffalo Public Schools. As agreed, attached please find the report submitted to me by Tom Scime, Business Partnership Coordinator. Please feel free to contact this Office with any questions: 851-3733 REFERRED TO THE COMMITTEE ON EDUCATION NO. 68 IMPACT OF THE NYS LEGISLATURE'S BASELINE EDUCATION BUDGET FOR 2001-02 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 $28.3 million. What does a $28.3 billion Budget Mean for Buffalo? A 5% Reduction in our Workforce18.0 million 195.0 Teachers 60.0 Teacher Aide 3.0 Trades 12.0 Administrators 28.0 Clerical 5.0 Custodians Page 39 01-1030.txt 7.0 Laborers A Reduction in our Educational Initiatives10.3 million 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 Sports Program. Eliminates all funding for the District's Extra-curricular programs. Reduces approximately 50% of the funding for computer hardware and software directly impacting on 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. - Deferral of needed facilities maintenance. Closing the Parent Center. Closing Adult and Continuing Education Programs. 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 $29.0 million in State Aid to Education. Develop and implement more flexibility in the use of categorical aid to the Big Five school district. 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 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. 69 RENAMING OF ALL HIGTH STADIUM In response to your letter of October 17, 2001 re: Item #172 C.C.P. October 16, 2001, "Renaming of All High Stadium." A copy of the Board of Education Policy No. 7500 Naming Facilities, approved Board Meeting 9/27/00, is attached. Page 40 01-1030.txt Should you need additional assistance please call my office at 851-3560. REFERRED TO THE COMMITTEE ON EDUCATION NO. 70 R. FRASIER REQ IMPR BUS LOADING ZONE STANTON ACADEMY #31 In response to your letter of October 17, 2001 re: Item #78 C.C.P. October 16, 2001, "R. Frasier -Req. Improvements - Bus Loading Zone - Stanton Academy #3 L" This matter has been referred to the office of the Commissioner of Public Works, Joseph Giambara, for appropriate action and implementation in accordance with the request. Should you need additional assistance please call my office at 851-3560. Your truly, Mel L. Alston, AIA Associate Superintendent for Plant Services and School Planning RECEIVED AND FILED FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 71 LOWER ESTIMATE OF BMHA DEFICIT Buffalo Municipal Housing Authority In reference to our request for your approval of the Memorandum of Agreement between the BMHA and Local 264, AFSCME, AFL-CIO, White Collar unit, and the amended salary and longevity schedules for exempt and non-represented employees, be advised that we are lowering our original estimate of the increase in the City of Buffalo's deficit payment to the BMHA from $160,43 7 to $117,911 over the 4 year time span covered by the agreement. This represents an average annual increase in the deficit payment in the amount of $ 29,477. The lower projections are a direct result of an item approved by the BMHA Board of Commissioners at a Special Meeting held on October 17tH , 2001. The approved item changed the allocation ratio with respect to the pro-ration of Federal and State funding. The allocation ratio was changed from 83% federal and 17% State to 92% federal and 8% State (see attached). This action by the BMHA Board of Commissioners also effectively reduces the overall projected City of Buffalo deficit payment to the BMHA by approximately $551,725 for the current fiscal year. REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE COMMISSIONER OF ADMINISTRATION AND NO. 72 BMHABUFFALO MUNICIPAL HOUSING AUTHORITY REL- B. WILLIAMS - D. TETI ENG. VACANCIES - B.M.H.A. (#8 1 CCP OCT. 16, 200 1) Dear Ms. Collin: We are in receipt of your letter requesting comment concerning the letter filed by Council Member Williams from Dominic Teti. Please accept this letter as the response of the Buffalo Municipal Housing Authority to the above-referenced Council item. Mr, Teti's information is incorrect In virtually every regard. Currently, there are six (6) unfilled positions: two (1) for temporary senior engineer, four (4) for permanent senior Page 41 01-1030.txt engineer and one (1) for permanent junior engineer. The positions are not being filled at this time simply because we know that the Lakeview boilers will soon be off-line, prior to the buildings' demolition- This will obviously lessen the need for engineers. We see no need to hire engineers simply to lay them off when the buildings at Lakeview are demolished. It is true that we are currently ensuring proper engineer coverage through the use of overtime. However, we have received no complaints from the employees about this situation, nor have we received any grievances, Further, the list does not contain twentythree (23) names it contained twenty-three (23) when it was adopted three years ago, It now contains seven (7) names. Although he neglected to disclose this clear potential conflict of interest in his letter, One of those names is that of Mr, Teti's brother. It is the position of the Buffalo Municipal Housing Authority that when and whether we fill vacant positions is an internal personnel matter, and not the appropriate subject for discussion in a public meeting. Mr. Teti knows well why the posit-Ions remain vacant, and has chosen to bring this matter before this Honorable Body knowing that there is no action this Body can take, especially in these times of fiscal difficulty, to compel the Authority to hire more individuals to fill positions which are vacant for good reason. Please feel free to contact the undersigned directly should you require more information, I remain, REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE COMMISSIONER OF HUMAN RESOURCES AND THE DIRECTOR OF BUDGET FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 73 BERC BERC MICRO AND SMALL BUSINESS LOAN PROGRAMS - ACTIVITY REPORT - STATUS OF APPROVED LOANS COUNCIL COMMUNICATION DATED SEPTEMBER 14, 2001 -FOLLOW-UP TO ITEM #142 C.C.P FEBRUAA 20,2001 This correspondence is to respond to the questions expressed during the Community Development Committee on Wednesday, October 10, 2001 The attached provides a status report for the loans that were approved by BERC from January 1, 2001 to September 25, 2001 under the Micro Loan as well as BERC's Traditional Loan Program. The last column advises of the status as follows: Loans that are indicated as withdrawn were done so by the prospective borrower subsequent to loan committee approval. Loans that are indicated as pending are in the process of being closed, and are anticipated to close within two (2) months after the approval date (column three (3). Loans that are indicated as closed were closed and fully or partially funded. From January 1, 2001 to September 25, 2001 B ERC approved twenty one (2 1) Micro Loans. Of those twenty one (21) loans, ten (10) or forty three percent (48%) were to minority firm. Total loan volume to micro businesses is $409,411. $380,000 of CDBG funds was allocated to the Micro Loan Program this current block grant year. Page 42 01-1030.txt During that same period, BERC approved twenty three (23) traditional loans. Of those twenty three (23) loans, a total of six (6) or 26% were to minority and woman owned businesses. The total loan volume in traditional loans approved is $2,841,522. $760,000 of CDBG funds was allocated to the commercial and industrial ($380,000 each) loan programs this current block grant year. Grand Total of loans both micro and traditional since January 1, 2001 to date is $3,250,933 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY CLERK NO. 74 COB BRIEF SUMMARY 1989-2001 RECORDS MANAQEMENT #41 CCP OCT. 2, 2001 The more successful the Records Management Program becomes the greater the need is for addition space. I no longer know how to express the dyer straits the Inactive Records Storage, Facility is in. We have no available shelving space left in the Inactive Records Center located on the 16& floor of City- Hall. Boxes and boxes of City Records are currently stored on the floor throughout the facility. We have inactive, boxed records scattered on various floors of City Hall occupying valuable office space, in areas where access is very attainable. The current storage of shortage space is a great concern. Where will we go from here? Adequate storage is a necessity if we are to keep the management of City of Buffalo records in tact and accessible. Lacking an adequate storage facility, the Division of Records Management will need to receive approximately one million dollars in funds to microfilm and or digitize the records currently in storage and this is just scratching the surface as new inactive records are received in the Inactive Records Storage Center daily. Public Works insists that a butler style building will cost approximately 1.8 to 2 million dollars to construct. I find this to be an unrealistic amount of money since Niagara County spent only $500,000.00 for their new facility, and this price includes a sprinkler system. The facility is capable of housing 9,600 square feet of storage, or 35,000 cubic feet of records. I understand that the City of Buffalo is going through a fiscal crisis however, if the City's doors were to close tomorrow the records of this great City would still need to be maintained. Thank you for your attention and cooperation regarding this matter. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 75 Disposal of Records Request permission to dispose of the bound volumes of Tax & Assessment Roll Books dated from 1914 - 1970. This encompasses approximately 7,000 volumes. These records have been microfilmed and are now just taking up valuable space. All retrievals for information are handled using microfilm. The microfilm copies are about 95% accurate. As they encompass millions of images and approximately 2,000 rolls of film, there is not adequate staffing to certify that all pages have been filmed. Mrs. LoTempio Moved: That the City Clerk be and he hereby Page 43 01-1030.txt is authorized to dispose of the bound volumes of Tax & Assessment Roll Books Dated from 1914 - 1970. PASSED AYES - 12 - NOES - 0 NO. 76 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Eric County Alcohol Beverage Control Board. AddressBusiness NameOwner's Name 51 West Chippewa51 West ChippewaDennis Brinkworth Agent 1853 Clinton streetBrooklyns FinestDavid Young RECEIVED AND FILED NO. 77 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- Daryl Oliver, Deana M. LoVallo X Police- Patricia Denecke, Robert Skrabacz, Kenneth Anaya, Chauncey White III,Ralph Skinner, Edwin Perez, JoAnn Re, Timothy Strunk, , Anthony Thompson, Patrick Pascal Permit and Inspection Services- David Grundy REFERRED TO THE COMMITTEE ON BUDGET AND THE COMMISSIONER OF HUMAN RESOURCES NO. 78 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: X City Planning Board RECEIVED AND FILED NO. 79 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and net salary appointments made in various departments. RECEIVED AND FILED Certificate of Appointment Appointment Effective: October 1, 2001 in the Department of Assessment and Taxation to the Position of Clerk - Seasonal at the flat Starting Salary of $8.00/hour Sandra.J. Stotz, 4 Roebling Avenue, Buffalo, NY 14215 NO. 80 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. Page 44 01-1030.txt Certificate of Appointment Appointment Effective: October 19, 2001 In the Department of: Audit and Control, Division of Audit to the Position of Junior Auditor, Permanent Appointment at the Minimum Starting Salary of $ 27,385 Nataliya Zingorenko, 583 Starin Avenue apt. #4, Buffalo, NY 14216 Appointment Effective: October 25, 2001 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary (6 months) Appointment at the Flat Starting Salary of $ 10.25 Timothy D. Devany,19 Mumford Street,Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment Effective: October 24, 2001 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position ofSenior First Class Stationary Engineer Temporary Appointment at theFlat Starting Salary of $10.25/hr Michael J. Quinn, 30 Lockwood Avenue, Buffalo 14220 John F. Schieber. 164 Dundee St, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective: October 22, 2001 in the Department of: Police to the Position of School Crossing Guard, Temporary, Non-Competitive at the minimum Starting Salary of $ 7.09/hr Michelle Carter, 370 Glenwood Ave, Buffalo, NY 14208 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 81 CASINO AND BUDGET LEGISLATION Please find enclosed Senate Bill 5828, Which was passed on October 24, 2001, this bill contains Casino Gambling and other Budget related legislation. Also included is Program Bill #94 that contains a summary of Senate Bill 5828. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 82 U.S. GENERAL SERVICES ADMINISTRATION PUBLIC BUILDINGS SERVICE As the General Services Administration's (GSA) property manager for the Thaddeus J. DuIsId Federal Building, I wish to bring to the attention of the Legislation Committee, GSNs ongoing mandate to provide a safe and secure workplace for de nearly 1,200 Federal employees who work in the Dulski Building on a daily basis, it is in furtherance of this mandate that I am asking the Committee to afford GSA an advance opportunity to f6mmfly review and comment on Benderson Development's plans to utilize a portion of Cary Street for hotel guest parking. While GSA has thus far not been made privy to the details of this plan, we have obvious concerns about the impact of such a plan on the security and safety of our Building. in my five years here in Buffalo, I have been gratified by the C-4ty's ongoing recognition of the unique concerns of the Federal community with respect to adjacent property development projects. I trust that the Legislation Committee will treat this issue with a similar recognition, and I can assure you that, in return every effort will be nude to conduct Page 45 01-1030.txt a timely GSA review of the Benderson proposal Thank you for your cooperation in this matter REFERRED TO THE COMMITTEE ON LEGISLATION NO. 83 S. LUMADUE-CONCERN FUNDING COPS/VISTA Please file this correspondence so that it can be discussed at the next common council meeting to be held October 30, 2001. REFERRED TO THE COMMITTEE ON BUIDGET NO. 84 B. HEINE- DELTA SONIC CAR WASH, MAIN ST. NEAR BARKER Please register my extreme opposition to the Delta Sonic Car Wash expansion on Main St. The Common Council has previously determined that special zoning controls (zoning classification TS) should exist in areas near transit stations. Desirable uses near transit stations include higher density residential and commercial uses related to the primary goal of increasing use of the Metro Rail. See copies of the zoning code attached. An expanded car wash in no way meets any of these requirements. In fact, it should have never been approved in the first place in 1985. There are ample areas available elsewhere in the City with appropriate zoning for a car wash. RECEIVED AND FILED NO. 85 J. MAGAVERN- JOINT SCHOOLS CONSTRUCTION BOARD-CONTRACT WITH COUNTY OF ERIE Enclosed for filing in each of your offices is a copy of the fully executed contract between the Joint Schools Construction Board and Erie County in relation to the County's contribution of $5 million to Phase I of the JSCB program. REFERRED TO THE COMMITTEE ON EDUCATION NO. 86 PEACE BRIDGE EXPANSION PROJECT SUBMITTAL OF STATE ENVIRONMENTAL QUALITY REVIEW ACT ENVIRONMENTAL ASSESSMENT FORM The Buffalo and Fort Erie Public Bridge Authority (PBA) has initiated a Bi-National Integrated Environmental Process that considers as a single action the capacity expansion and congestion relief of the Peace Bridge, the U.S. Plaza and Connecting Roadway System. This process will proceed in the United States under the review required by the National Environmental Policy Act (NEPA), and will be documented in a NEPA Environmental Impact Statement. In order to manage compliance with multiple environmental review laws in both the United States and Canada, a single document will be produced which will incorporate all the procedural and content requirements of NEPA, the New York State Environmental Quality Review Act (SEQRA), the City of Buffalo Environmental Review Ordinance (CERO) and the Canadian Environmental Assessment Act (CEAA). This document will be referred to as an Environmental Impact Statement/Environmental Screening Report (EIS/ESR) to incorporate both US and Canadian references. Page 46 01-1030.txt You have been identified as a Cooperating or Advisory Agency under NEPA. To avoid confusion, we will continue to use NEPA terms to define participants' roles in the environmental review process. It is intended that NEPA references to a "Cooperating Agency" or "Advisory Agency" correlate respectively to "Involved Agency" or "Interested Agency" as those terms are defined under SEQRA regulations. At this time, a Lead Agency under SEQRA has not yet been determined. Consequently, the PBA has instructed its Project Management Team to undertake actions necessary to ensure strict procedural compliance with SEQRA, including the preparation of the Environmental Assessment Long Form (EAF), until such time as a SEQRA Lead Agency is designated or determined not to be required. The PBA has used its best efforts to prepare the EAF consistent with statutory and regulatory requirements in the absence of a Lead Agency. The EAF is being distributed to appropriate state, regional and local municipal corporations and agencies. Shortly, you will also receive a copy of the Draft Scoping Document for your review and comment. Parsons Transportation Group has been retained as our Project Management Consultant. Please direct any questions you may have to the Project Manager, Vincent P. (Jake) Lamb, P.E. His contact information at the project office is as follows: REFERRED TO THE SPECIAL COMMITTEE ON BI-NATIONAL BRIDGES NO. 87 PEACE BRIDGE EXPANSION PROJECT SCOPING LETTER TO POTENTIAL U.S. COOPERATING AGENCIES Dear Common Council: The Buffalo and Fort Erie Public Bridge Authority (PBA) has initiated a Bi-National Integrated Environmental Process that considers as a single action the capacity expansion and congestion relief of the Peace Bridge, the U.S, Plaza and connecting Roadway System. This process will be documented in a new Environmental Impact Statement/Environmental - Screening Report (EIS/ESR), which will incorporate all the procedural and content requirements of: National Environmental Policy Act (NEPA) - US Federal Law State Environmental Quality Review Act (SEQRA) - NY State Law City Environmental Review Ordinance (CERO) - City of Buffalo Law Canadian Environmental Assessment Act (CEAA) - Canadian Federal Law Because this study will be financed in part by U.S. Federal highway grant funds, the Federal Highway Administration will be the Lead Agency for the U.S. Federal NEPA process. Attached is a copy of our Draft Scoping Document for your review and comment. It explains the process we will follow in this bi-national study, the initial list of alternatives, the public involvement plan, anticipated environmental issues and possible mitigation measures. The proposed improvements under consideration include taking no action, adding traffic lanes to the Peace Bridge by widening the existing bridge, or by building either a second bridge on an alignment north or south of the existing bridge, Page 47 01-1030.txt or a bridge on new location. Each alternative would include U.S. Plaza layout options, connection to the Canadian Plaza and either re-aligned or new connecting roadways to 1-190 and City of Buffalo streets. In addition to agency contributions to the Draft Scoping Document, issues and concerns identified by the public will also be included in the Scoping Process. These improvements are necessary to accommodate existing and projected future traffic demand in this international transportation corridor. The need to widen the bridge was initially considered in 1968 and again in 1973 and 1994. Similarly, necessary improvements to the U.S. Plaza and Connecting Roadways were first identified in the late 1980's and the project was included in the 1991 Federal Intermodal Surface Transportation Efficiency Act (ISTEA) as a congestion relief project. As part of the process for determining the scope of issues to be addressed in the EIS/ESR, we ask that you forward your comments and identify issues and concerns that are of particular importance to your agency. We intend to use your comments to: Identify the range of alternatives and impacts and the important issues to be addressed in the EIS/ESR. Identify and modify the range and scope of our environmental review and consultation requirements commensurate with concerns and issues identified by cooperating and advisory agencies and interested parties. Since this project is subject to environmental review under the City of Buffalo's Environmental Review Ordinance (CERO) and due to the potential need for sale of or granting easements for use of City land, and because of your agency's legal jurisdiction with respect to environmental review under CERO, we request your agency to be a cooperating agency for this project. We expect your agency's involvement will cover those areas under your agency's jurisdiction or expertise, and no direct writing or analysis of specific issues on your part will be necessary for the EIS/ESR preparation. The activities we will take to maximize interagency cooperation may include the following: 1 . Invite you to participate in scoping meetings and other meetings; 2. Consult with you on any relevant technical studies that will be required for the project; 3. Organize joint field reviews with you; 4. Provide you with project information, including study results; 5. Request your review of relevant sections of the Draft EIS/ESR prior to its release for comment by the public and other agencies; 6. Encourage your agency to use the above documents to express your views on subjects within your jurisdiction or expertise; and Include information in the project environmental documents that cooperating agencies need to discharge their National Environmental Policy Act (NEPA) and State Environmental Quality Review Act (SEORA) responsibilities and any other requirements regarding jurisdictional approvals, permits, licenses, and/or clearances. You have the right to expect that the EIS/ESR will enable you to discharge your jurisdictional responsibilities. Likewise you have the obligation to tell us if, at any point in the process, your needs are not being met. We expect that at the end of the process, the EIS and our public involvement Page 48 01-1030.txt process will satisfy NEPA and SEQRA requirements including those related to project alternatives, environmental consequences and mitigation. Further, we intend to utilize the EIS and the subsequent record of decision as our decision-making documents and as the basis for the permit application. We expect to submit a formal permit application following the EIS/ESR approval process during final design. We look forward to your comments and response to this request and your role as a cooperating agency on this project. Please forward any comments or questions you have on the Draft Scoping Document by 23 November 2001 to our Project Manager, Vincent P. (Jake) Lamb, PE, who is with Parsons Transportation Group, our Project Management Consultant for this process. In the future Jake will be your primary point of contact for this process. His contact information at the project office is as follows: Vincent P. Lamb, P.E., Project Manager Peace Bridge Expansion Project 200 Cathedral Park Tower 37 Franklin Street Buffalo, New York 14202 USA (716) 853-6946 phone (716) 853-6945 fax Email: Vincent. Lamb@ parsons.com You are also invited to attend the U.S. Agency Project Scoping Meeting, which we have scheduled for Monday 5 November 2001 11:00 AM to 3:00 PM at the Adams Mark Hotel, 120 Church Street, Buffalo, NY 14202. A map is attached and lunch will be provided. So we can plan accordingly, please advise by phone or email if you will attend and the number of representatives from your agency we should expect. You are also welcome to attend our Public Scoping Meetings, which we have scheduled for Wednesday, 7 October 2001 in Buffalo, NY USA at Kleinhans Music Hall, Mary Seton Room, Symphony Circle from 6:00 PM to 9:00 PM, and a second meeting on Thursday, 8 October 2001 in Fort Erie, Ontario, Canada at the Leisureplex, 3 Municipal Centre Drive (off Garrison Road) from 6:00 PM to 9:00 PM. If you have any questions or would like to discuss in more detail the project or your agency's roles and responsibilities during the preparation of this EIS/ESR, please contact Jake Lamb or Mr. Steven G. Nicaise, Deputy Project Manager at the project office listed above. We look forward to starting this new process, and working with you, hopefully to finding a workable solution that satisfies our long-standing need for capacity expansion at the Peace Bridge. REFERRED TO THE SPECIAL COMMITTEE ON BI-NATIONAL BRIDGES NO. 88 DISTRICT WIDE TECHNOGOGY PLAN BOND RESOLUTION Pursuant to your request in our telephone conversation today, in relation to scheduling the Common Council's consideration of the above-referenced bond resolution, we are writing to explain why this resolution must be adopted by no later than Friday, November 2" in order to preserve the federal funding, currently available for the Buffalo Public Schools' District Wide Technology Plan. It is our understanding from Timothy Hyland, the Project Administrator for the Buffalo Public Schools, that the federal Page 49 01-1030.txt E-rate funding of approximately $11 million for the Technology Plan (as detailed in the - Memorandum from Mr. Hyland to the President of the Buffalo Board of Education dated October 23, 2001 and referenced in the bond resolution) is only available during this calendar year and the availability of such federal aid is conditioned on the funding of the $34 million local share by the end of this calendar year. Therefor, it is necessary to authorize the City's bonds, arrange for the sale of such bonds, and close the bond issue itself by December 31, 2001, In order for us to arrange for this closing by December 31", the bond resolution must be adopted by the Common Council and the 3 0 day permissive referendum period required by the City Charter must be completed. After this period expires, the bond resolution becomes legally effective and it must be p0lished in the City Record together with a 20-day estoppel notice, triggering a 20-day period ~ Liter which no legal challenges may be brought which would prevent the closing of the City's bond issue. After the expiration of both the, 30 day and the 20 day periods, the bond issue may be closed. Assuming that the said resolution is adopted by the Common Council no later than Friday, November 2', the 30 day permissive referendum period will run until December 2". If publication can be arranged in the ~ 7ity Record immediately thereafter on December 3rd, the 20day estoppel period will run until December 23rd, leaving only the last week in December to sell the bonds and close the transaction. Given the Christmas holiday that week, this process win be difficult but can be completed if this very aggressive schedule is maintained, For these reasons, any delay in adoption of the bond resolution past November 2"d will make it impossible to complete., the funding of the local share of this program by December 31st. If we can be of further assistance in regard to this matter, please do not hesitate to call me. RECEIVED AND FILED NO. 89 SITE PLAN APPROVAL CONDITION BENDERSON SHOULD DELIVER ON ORIGINALLY FILED SITE PLAN Thank you for the information. Cary Street and a government agency are considering submission of our own alternative proposal for Cary Street. We feel that before there is any new meeting, on any proposal from Benderson Development, that they deliver on their initial site plan commitments they made over a year ago, i.e. locust trees, fencing, appropriate lighting and flower planters along underside of fencing, etc, etc. We again suggest that the parking lot lighting at the Hampton Inn is out of city code compliance and we invite you to Cary Street in the evening to observe. Regarding a plan for the fencing, we will offer a proposal as an alternative to the suggested fencing that Tim Tielman has recently suggested to us. We plan to bring visuals of this alternative to any upcoming meeting. We respectfully request that Benderson Development submit to the Cary Street Homeowners Association (CSHA) a detailed site proposal for consideration by the CHSA two weeks prior to any new meetings on this subject so the neighborhood can review. We think this to be a reasonable request. They can send any information to us at: Page 50 01-1030.txt However, until Benderson installs what they committed themselves to in their original plan as filed with the City Planning Board, we can not consider anything new from them. We believe this to be a fair approach. Additionally, we suggest to Benderson Development that they bring a new lead company representative to the table as their previous appointee has limited credibility with our organization based on past performance. We heard that the Benderson representative at the Legislation Committee meeting yesterday commented on Cary Street's public review process and we would appreciate the transcripts of yesterday's meeting, specifically the comments of the Benderson Representative. Please let me know if there are any costs associated with obtaining these transcripts or if any official request is required (or it this e-mail will suffice). We have advised the Hilton Corporation (owners of the Hampton brand) of this situation and asked that they review this matter as well. To date we have not received a response. We also have kept the neighborhood organization involved in the Delta Sonic situation on Main Street advised of our progress (or lack of) on this matter as they are dealing with the same characters with similar aesthetic and other issues. I can be reached at 684-8060, ext. 2229 (w) or 845-5038 (h) or at this e-mail address (robertson.laird@att.net) if there are any questions. We greatly appreciate all the work that you and our Council have put into the resolution of this matter. We especially appreciate, due to the Council's efforts, the safety hazards and general mess were finally removed from Cary Street earlier this week (it was in a hazardous condition the entire summer). It is unfortunate that we needed to go through this expensive and time consuming process to have the site brought up to code. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 90 SUPPORT TEMP CLOSING OF MAIN ST On behalf of Buffalo Place Inc., I am responding to your recent inquiry into the temporary closing of Main Street under the HSBC Center. Over the past few weeks, Buffalo Place Staff has had numerous discussions with the management of the HSBC Bank and the owners of the building. It is apparent that to ensure the safety and comfort of the three thousand employees who work in the building, every step that management has taken to this point is justified and appropriate. The temporary closing of Main Street is an appropriate security measure until the current situation of terrorism is eliminated. RECEIVED AND FILED NO. 91 CITY - COUNTY CRIME COMMITTEE ITEM CCP #173 - RENAMING OF FLORIDA/PANSY PARK As President of the City-County Crime Committee, we are in opposition to the renaming of the Florida/Pansy Park. In 1994, we became involved in bettering some of Buffalo's most crime infested neighborhoods and, at the same time, brought neighborhood parents, youngsters and officers together to bridge the gap between the community and police and promoting peace between young people in Page 51 01-1030.txt Buffalo. Since our inception, we have been able to turn an empty lot, which is located at Florida and Pansy into a beautiful playground for the area youth. Several corners in the area have been beautified with planters, previous negative drug activity in the area has been tremendously curtailed through the development of a Neighborhood Crime Watch. This playground has been maintained by myself with help from the City Streets & Sanitation Department, as well as some of the neighborhood youth. We feel that to rename this park would be an insult to the residents who have worked hard to make this playground a safe haven for the neighborhood children, as well as themselves. We also feel that the residents should have a voice in renaming this park or it should be left as the Florida/Pansy Park. In our communications with the Streets Department and Police Department they are familiar with the Florida/Pansy Park name. To change it would serve no purpose whatsoever. RECEIVED AND FILED NO. 92 A. THOMPSON-DATA SHEET HORACE "BILLY" JOHNSON 1921-1987 Horace Johnson, a native of Buffalo, graduated from Hutchinson Central High School. He received a Bachelors of Arts degree from Talladega College in Talladega, Alabama and did graduate work at Howard University School of Theology in Washington, DC; Long Island University and the State University of New York at Buffalo. Horace Johnson, a well-known community spokesperson and advocate, was actively involved in a variety of fields: political, educational, civic and religious. Politics: In 1961Mr. Johnson was appointed Supervisor to complete the unexpired term of then Supervisor Delmar L. Mitchell who had been named Masten District Councilman to fill the unexpired term of the late Cora P. Maloney. Mr. Johnson was elected to a full term as Supervisor in November of that same year. 1963-1965 He completed another two-year term as Supervisor. 1965-1979 He was elected and served as Masten District Councilman for six terms. Education: An advocate of education, Mr. Johnson was responsible for establishing a tutoring institute of the Cold Spring Lay Advisory Committee of the Buffalo Youth Board. He was also active with the United Negro College Fund, acting in the capacity of campaign co-chairperson for several years and then as General Chairperson of the first United Negro College Fund's "Parade of Stars" telethon. Civic: 1963-1972 Mr. Johnson served as Field Counselor for the Buffalo Youth Board 1972He was appointed director of the Division of Demonstration Projects by the late Mayor Stanley Makowski. 1970's - 1982 He was appointed Coordinator of State and Page 52 01-1030.txt Federal Aid for the city of Buffalo by Mayor Jimmy Griffin. Horace Johnson was an active participant in the community and a member of numerous boards and organizations including: Buffalo Science Museum, Sisters Hospital, Erie County Planning Board, the Buffalo Urban League, Community Action Organization and the Board of Managers of the Humboldt YMCA. Some of the organizations in which he was involved include: Bennett-Wells Post # 1780, American Legion; Henry Pollard Post #5, American Veterans; Greater Jefferson Businessmen's Association; Alpha Phi Alpha Fraternity; Ionic Lodge #77F; H.O.M.E.; and the Social Action Committee - Council of Churches. Religious: The son of the late Rev. Sidney O.B. Johnson, well-known and long-term pastor of Lloyds Memorial United Church of Christ, it seemed only natural that Mr. Johnson would follow in his father's footsteps. His family background, his religious roots and his theological training led him to an associate pastorship at Promiseland Baptist Church. For his dedication and untiring commitment to the city of Buffalo and its citizens, Mr. Horace "Billy" Johnson received many awards and recognitions including an honorary degree of Doctor of Humane Letters, conferred for outstanding and distinguished service to his fellowman by Medaille College in 1970; the Distinguished Leadership Award from the United Negro College Fund; the Friend to Youth Award from the YMCA and others. He retired from public service in 1982, but continued to be a voice in the community until his death in October, 1987. RECEIVED AND FILED NO. 93 KELLEY DRYE & WARREN LLP LETTER OF INTEREST FOR DOMINION TELECOM, INC. FOR A FRANCHISE AGREEMENT WITH THE CITY OF BUFFALO, NEW YORK Dear Mr. Tarapaki: The purpose of this letter is to notify you of the interest of Dominion Telecom, Inc. ("Dominion Telecom") to secure a Franchise Agreement for the construction, installation and operation of telecommunications facilities within the City of Buffalo, New York ("the City"). It is our understanding that such notice is the first step in the process to secure a Franchise Agreement with the City of Buffalo. Dominion Telecom, a Virginia Corporation, holds a Certificate of Public Convenience and Necessity to operate as a facilities-based common carrier and reseller of telephone services, including local exchange services (local dial tone) from the State of New York Department of Public Service (Case No. 01-C-0721). In certificating Dominion Telecom, the New York Public Service Commission determined that Dominion Telecom possesses the necessary financial, managerial and technical expertise to provide local exchange services and other telecommunications services throughout the State of New York. Dominion Telecom's principal place of business is 701 East Cary Street, 9th Floor, One James River Plaza, Richmond, Virginia 23219. Dominion Telecom is a provider of long-haul, private line, point-to-point optical bandwidth services (i.e., large capacity circuits typically used by competitive local exchange carriers, Page 53 01-1030.txt wireless companies, other carriers, and information service providers) and other services. The planned segments within Buffalo allow Dominion Telecom to offer its services to such customers in Buffalo and other communities. The installation of the planned facilities will enhance the communications infrastructure by providing broadband capacity within Buffalo, making it a more attractive market for such service providers to enter. As a result, the planned facilities will help promote the availability of competitive telecommunications options to the people and businesses of Buffalo. In addition, Dominion Telecom envisions that it may in the near future use these segments, in conjunction with other Dominion Telecom facilities and those of other carriers (e.g., Verizon and other providers of "last mile" facilities), to support the provision of point-to-point private line services to non-carrier customers with large telecommunications capacity requirements, such as commercial, governmental, and financial institutions within Buffalo. Dominion Telecom may also offer other services consistent with its state certification. Dominion plans to provide the above-described services over its state-of-the-art fiber optic network that utilizes Synchronous Optical Network ("SONET") and Dense Wavelength Division Multiplexing ("DWDM") technology for maximum reliability and flexibility. The interexchange and local fiber optic networks consist mostly of fiber optical cable either leased or purchased from other providers or constructed and installed by Dominion. Currently, Dominion's network consists of approximately 3,600 route miles and 34,000 fiber miles (leased and owned combined) and includes access nodes or fiber rings fiber rings in several markets, including Washington D.C./Northern Virginia and Richmond. Dominion is still expanding its network, which is expected to connect approximately sixty major metropolitan areas, including thirty metropolitan rings in select cities. Upon its substantial completion in 2003, Dominion's network is expected to consist of approximately 9,400 route miles and 824,000 fiber miles. The planned network in the City of Buffalo will reply primarily on leased facilities of other carriers. Currently, Dominion Telecom is conducting field studies to assess the feasibility of its network in the City of Buffalo as well as the potential methods of installing additional telecommunications equipment in the area. Once these studies are completed, Dominion Telecom will provide the City with a copy of its proposed network map including the specific segments within the City of Buffalo. Dominion Telecom hopes to commence installation of the segments within the City of Buffalo in early 2002. We have received a copy of the City's "boilerplate" Telecommunications Franchise Agreement for use of the public rights-of-way and are currently in the process of reviewing it with our client. We will contact your office by November 7, 2001, if we have not heard from your office concerning the commencement of the negotiations. In the meantime, if you require any additional information or have any questions, or if we may otherwise be of any assistance to your office, please do not hesitate to contact either one of us at (202) 955-9600. Thank you for your attention to this matter. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS PETITIONS Page 54 01-1030.txt NO. 94 P. CARROLL, USE 65 GOODELL FOR AN ILLUMINATED POLE SIGN. (HRG. 11/7) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 95 D. MASTERS, AGENT, USE 1182 AMHERST ST. FOR GROUND ID SIGN. (HRG. 11/7) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 96 KLAHN, AGENT, USE 224 ALLEN ST. FOR RESTAURANT W/ 2 APARTMENTS. (HRG. 11/7) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 97 T. CLEMENTS, AGENT, USE 29 KAIL FOR A TELECOMMUNICATIONS TOWER. (HRG. 11/7) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 98 S. TUCKER CURTIN, OWNER, USE 3165 MAIN FOR RESTAURANT, ACCESSORY BAKERY & OFFICES (HRG. 11/7) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 99 OPPOSE RE-NAMING FLORIDA/PANSY PLCE PARK Copy of petition available in City Clerks Office RECEIVED AND FILED NO. 100 OPPOSITION TO RE-ESTBLISHING DELICATESSEN 278 EST DELAVAN AVE Copy of petition available in City Clerks Office REFERRED TO THE COMMITTEE ON LEGISLATION, THE DEPARTMENT OF PERMITS AND INSPECTIONS, THE ZONING BOARD OF APPEALS AND THE CORPORATION COUNSEL REGULAR COMMITTEES CLAIMS COMMITTEE (Mary M. Martino, Chairperson) NO. 101 Claims Committee Report Compromise And Settlement Of Actions For Personal Injury That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled: A1 .Thomas Higgins Page 55 01-1030.txt $25,000.00 A2.Laura Jones $525,000.00 A3.Dwer Mae Lee $21,500.00 A4.Amanda Leney, an Infant By: Barbara J. Blake, Legal Custodian $15,000.00 A5.Wendi E. Schreiber $ 3,500.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers, Passed AYES - 12 - NOES - 0 Ms. Grant voted no for A2 only No. 102 Property Damage That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B1. Dennis C. Bracco State Farm Automobile Insurance Company A/S/O Claim for damage to a 1987 Pontiac Firebird on 8-20-99. The vehicle was sideswiped by a City truck at the intersection of Court Street and South Elmwood Avenue. $ 1,500.00 B2. Christopher A. Cichowski, 10 Gorski Street, 14206 Claim for replacement of a sugar maple and a black cherry tree which were destroyed when a City owned tree fell on them on 4-10-01 at 10 Gorski Street. $ 140.00 B3. Charles Collins, 109 St. Mary's Road, 14211 Claim for damage to a 1988 Chevrolet pickup truck on 2-10-01 at 109 St. Mary's Road. Large dead branches from a City owned tree broke off and fell on the vehicle. $ 627.75 B4. Joseph M. Cormier, 1424 Amherst Street, 14216 Claim for damage to the house and landscaping at 1424 Amherst Street as a result of a large limb from a City owned tree falling on 5-23-01. The tree had previously been reported as being a hazard and has since been removed. $ 1,900.04 B5. Katalin Czanik, 29 Crowley Avenue, 14207 Claim for the cost of replacement of a front window of her home at 29 Crowley Avenue which was broken on 4-4-01 during a varsity baseball game between City Honors and Riverside High School at Riverside Park. The City had previously been notified that the fence was not high enough and that the baseballs go over and could possibly cause damage. Page 56 01-1030.txt $ 153.53 B 6. Edward deGrasse, 19 Crowley Avenue, 14207 Claim for damage to a 1997 Pontiac Sunfire on 5-6-0 1. The vehicle was parked in the driveway at 19 Crowley Avenue where claimant resides. A foul ball from the hardball diamond at Riverside Park cleared the fence and hit the vehicle. $ 396.25 B7. Man, J. Feeley, 11 Indian Orchard Place, 142 10 Claim for damage to a 1999 Oldsmobile four door General Motors lease vehicle on 5-30-01 at the Cazenovia Golf Course Parking Lot. A large tree fell on the vehicle. The tree was very old, large, had exposed roots and was leaning conspicuously toward the parking lot. $ 594.00 B8. James France, Jr., 333 Windermere Boulevard, Amherst New York 14226 Claim for damage to a tire on 5-5-01 in front of 3311 Bailey Avenue. The City had previously been advised of a hazardous condition, metal stripping protruding from the curb existing at this location. $ 92.83 B9. Carrie Gates, 125 Wende Street, 14211 Claim for a broken window at 125 Wende Street on 6-8-01. The Police Department SWAT Team were attempting to apprehend an individual when the damages inadvertently occurred. This has all been verified by the Police Department. $ 54.00 B10. Hobson's Dry Cleaners, 874 East Delavan Avenue, 14215 Claim for landscaping expenses incurred as a result of holes being dug into the lawn at 874 East Delavan Avenue on 3-29-01 the same time the new community center was being built. Through our investigation we have been unable to determine who actually made these excavations but it does appear that the City or an agent for the City did. $ 297.00 B11. Joseph T. Jarzembek, 2020 Clinton Street, 14206 This is a claim for the illegal impoundment of claimant's vehicle from Montrose Avenue on 10-17-99. $ 82.00 B12. Diana L. Kachurka, 143 Carmel Road, 14214 Claim for damage to a 1995 Toyota Corolla on 3-14-01 at Fillmore & Howard Streets under the viaduct. Claimant hit a large pothole which ruined her tire and rim, The area had been previously reported to the City as being a hazard. $ 112.29 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, here in above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed AYES - 12 - NOES - 0 NO. 103 Property Damage B13. Johnny M. Key, 44 Hempstead Avenue, 14215 Page 57 01-1030.txt Claim for a Beretta .25 semi automatic pistol which was destroyed through the Buffalo Police Department in April 2000. The weapon was being held following an incident in 1996. The matter was disposed of in late April of 2000. The gun could have been given back to Mr. Key, who is a Buffalo Police Officer. Instead, the weapon was inadvertently destroyed. The Department of Law feels this is a liability matter on behalf of the City. The Department of Law has verified all the necessary information and believes the claim to be valid. The Corporation Counsel recommends payment in the amount of $ 250.00 That the above item be, and the same hereby is, Denied. Adopted NO. 104 Property Damage That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B14. Thomas J. Kelleher, 161 Marine Drive, Apartment 10 D, 14202 Claim for damage to a 1998 Ford Crown Victoria four door vehicle on 5-30-01 at the Cazenovia Golf Course Parking Lot. A large tree fell on the vehicle. The tree was very old, large, had exposed roots and was leaning conspicuously toward the parking lot. $621.86 B15. James E. Lotharp, Jr., 43 Fifteenth Street, 14213 Claim for a 1989 Buick Electra vehicle which was inadvertently sold at City auction on 1-17-01. The vehicle was impounded on 12-13-00 by Lt. John King and a hold was put on the vehicle when it came to the Dart Street Garage. The hold order, however, was not picked up by the computer and it was sold at auction in January $1,500.00 B16. Rosario Montalvo, 296 Highgate Avenue, 14215 Claim for damage to a 1995 Chevrolet Lumina on 5-30-01 at 296 Highgate Avenue. A large board fell off the garbage truck and hit the vehicle causing a broken left side mirror and it also put a dent in the driver's side door. This has been confirmed by the DPW Streets. $435.78 B17. Bernard Reczek, 101 Weiss Street, 14206 Claim for a broken storm window at 101 Weiss Street on 6-24-01. A City worker picking up garbage struck the storm window with the new blue tote container and the glass broke. $ 25.00 B18. John J. Rigby, 235 Covington Drive, 14220 Claim for a pair of eyeglasses which were broken on 12-27-00. Mr. Rigby, an employee of the City was plowing for the DPW Streets, when he hit a protruding manhole cover causing his eyeglasses to fall off his face and break. Pursuant to City Ordinance, Section 16-8, Mr. Rigby is entitled to be reimbursed for these damages. $311.00 Page 58 01-1030.txt B19. Robert D. Schaus, 5265 Shadyside Drive, Clarence New York 14031 Claim for a front tire that was damaged on 3-26-01 at Porter Avenue and Seventh Streets. The City had previously been aware of serious pothole problems at that location and has since resurfaced the road $ 81.00 B20. Matthew J. Shillea Preferred Mutual Insurance Company A/S/0, One Preferred Way, New Berlin New York 13411 Claim for damage to a 1992 Mazda, four door vehicle on 5-30-01 at the Cazenovia Golf Course Parking Lot. A large tree fell on the vehicle. The vehicle was totaled. The tree was very old, large, had exposed roots and was leaning conspicuously toward the parking lot. $3,161.50 B21. Arthur L. Taggart, 408 Vine Lane, Amherst New York 14228 Claim for damage to a tire on 4-18-01 in front of 3311 Bailey Avenue. The City had previously been advised of a hazardous situation existing at that location. Exposed metal stripping was protruding from the curb. $ 115.19 B22. Lisa Wilson, 3382 North Road, Newfane New York 14108 Claim for damage to a tire and rim on 4-4-01 at Porter Avenue and Seventh Streets. The City had previously been aware of a serious pothole problem at that location and has since resurfaced the road. $ 416.42 B23. Robert J. Zielinski, 30 Lyman Street, 14206 Claim for damage to a 2000 Ford Taurus in front of 48 Lyman Street. An employee of the DPW Streets was attempting to load a dehumidifier in the garbage truck when it accidentally scrapped against Mr. Zielnski's vehicle. This has been confirmed with the DPW Streets. $317.95 B24. Doris E. and Lindsay Zitzka, 3 Countrygate Lane, Town of Tonawanda New York 14150 Claim for a tire that was damaged on 2-25-01 at 1112 Parkside Avenue. A piece of metal was protruding from the curb and claimant struck it causing the damage. The area had previously been reported to the City as being hazardous.$123.11 B25. Elizabeth Benson, 279 Phyllis Avenue, 14215 Claim for pothole damage to a 1998 Volvo on 3-21-01 at the intersection of Manhattan and East Amherst Street. The City had previously been put on notice of a hazardous condition but the problem was never rectified. $416.00 B26. Eileen K. Bowen, 183 Avery Avenue, 14216 Claim for a side view mirror on a 1996 Saturn vehicle which was damaged on 5-21-01 on Avery Avenue. Garbage pickup was earlier that day and part of the large tote was protruding into the street. The mirror came in contact with the tote causing the damage. $83.20 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed Page 59 01-1030.txt AYES - 12 - NOES - 0 No. 105 Property Damage B27. Desiree Hill, 33 Parkdale Place, 14213 Claim for damage to a 1994 Jeep in May 2001 while it was at the Dart Street Impound Garage. Persons unknown took the car stereo, lansar speakers, kicker box, equalizer and two fire ice power amps. This has been confirmed by Garage personnel. The Department of Law, through investigation has determined this to be a valid claim. We have negotiated a settlement with the claimant which was accepted. The Corporation Counsel recommends settlement in the amount of $1,000.00 Mrs. Martino moved tat the above item be recommitted to the Committee on Claims. ADOPTED No. 106 Property Damage B28. Sonya Hunt, 11 Rawlins, 14211 Claim for damage to a 1993 Jeep Cherokee at the Dart Street Impound Garage on 4-6-01. Two windows were broken and cassette tapes were stolen, This has been confirmed by Garage personnel. The Department of Law, through its investigation has deemed this to be a valid claim. The Corporation Counsel recommends payment in the amount of $ 700.00 Mrs. Martino moved that the above item be recommitted to the Committee on Claims. ADOPTED No. 107 Miscellaneous Refund/Reimbursement That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid - C1.James Dingledev Claim for reimbursement of money paid for interior and exterior work done on property at 111 Baltz. On October 26, 1999, James Dingledey purchased a property at 111 Baitz, Buffalo, New York at the City's In Rem Sale. Approximately ten (10) months after the sale, the City was notified that a lienholder had not been property notified of the sale. As a result, the sale was rescinded by Court Order on August 24, 2000 and Mr. Dingledey was refunded the full purchase price of ($7,000) (CCP Item No. 83, October 3, 2000). Mr. Dingledey also submitted a claim for ($6,000) to cover both interior and exterior work which he had conducted at the home during his approximate ten (10) months of ownership. Mr. Dingledey submitted copies of the home improvement contract totaling ($6,000) and notations on the contract which confirmed that the amount had been paid in full. $ 3,000.00 C2. 84 Group, Inc., 295 Main Street, Suite 210, 14203 Claim for a refund for taxes paid from June 1, 1998 to the present for property at 2156 Genesee Street. The property Page 60 01-1030.txt was misclassified. Bruna Michaux, Senior Tax Administrator for the City of Buffalo has verified that according to the assessor the parcel assessed as 2156 Genesee is classified incorrectly and that a refund is applicable. The error has been corrected for the December 1. 2001 tentative Assessment Roll, $ 1,634.50 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. Passed AYES - 12 - NOES - 0 No. 108 Miscellaneous Contract That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: D1.All State Maintenance This is a breach of contract action for late payments under a construction contract for the King Urban Life Center in 1990-93. Plaintiff contractor seeks interest for late progress payments from 1990-93 and interest for withholding, excessive retainage of payments under the construction contract despite having performance bonds under the contract. Delays in payments were due to delays in receiving New York State grant funds which were applied to the King Urban Life Center project. Plaintiff sued in 1995 in New York Supreme Court to recover interest and other claims, seeking almost $50,000 plus 9% interest from 1993 and attomeys' fees. In order to settle this matter, the parties agreed that the City would pay ($80,000) in principal from 1993 and interest. The Department of Law conferred with the Department of Public Works, Parks and Streets, and that department agrees with settlement of this claim. $ 90,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. Passed AYES - 12 - NOES - 0 NO. 109 Miscellaneous Invoice That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claims be paid: E1. ABC Hardware & Rental Claim for payment of a prior fiscal year Invoice, Account #000981 for services rendered to the DPW. Division of Buildings. The invoice is for the rental of a power washer. $25.98 E 2. Jim Mazz Auto, Inc. Claim for payment of a prior fiscal year invoice for towing services rendered to Parking Enforcement for the month of June 2001. $207.00 E3.Star Towing Claim for payment of a prior fiscal year Page 61 01-1030.txt invoice for towing services rendered to Parking Enforcement for the month of June 200 1. $ 760.00 E4.Thyssen Krupp Elevator Company Claim for payment of ten (10) prior fiscal year invoices for services rendered to the DPW, Division of Buildings from April 1998 to July 2000. The DPW, Division of Buildings initially denied these invoices. After further review they now agree with Thyssen that the claims are, in fact, above and beyond their maintenance contract specifications and that the amounts are valid. This has all been confirmed by Phillip Nasca, Deputy Director of Buildings Operations, $ 7,656.69 E 5.University Emergency Medical Services (ECMC) Claim for payment of prior fiscal year Invoice 41153 for physicals for new hires for the month of June 2001. There was not enough money in the account for payment of this invoice by the Department of Human Resources, Civil Service Division at the end of the fiscal year. There were more physical than expected on the invoice.$ 5,250.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. Passed AYES - 12 - NOES - 0 Civil Service (Barbara A. Miller-Williams, Chairperson) No. 110 Appointment Asst. Corp. Counsel 11 (Inter) (Law) (Item No. 5 6-C.C. P. Oct. 2, 200 1) That Communication 56, Oct. 2, 2001 be received and filed and the permanent appointment of Richard E. Stanton stated above at the intermediate salary of $62,776 effective on September 20, 2001 is hereby approved. PASSED AYES - 12 - NOES - 0 No. 111 Appointment Tvpist (Max) (Law) pi (Item No. 5 7-C.C.P. Oct. 2, 200 1) That Communication 57, Oct. 2, 2001 be received and filed and the permanent appointment of Linda S. Kowalski stated above at the maximum salary of $26,505 effective on September 20, 2001 is hereby approved. PASSED AYES - 12 - NOES - 0 No. 112 Appointment Laborer I (inter) (PW) (Item No. 3 7-C.C.P. Oct. 16, 200 1) That Communication 37, Oct. 16, 2001 be received and Page 62 01-1030.txt filed and the permanent appointment of Rolinda C. Hill stated above at the intermediate salary of $11.46 hourly effective on October 1, 2001 is hereby approved. PASSED AYES - 12 - NOES - 0 No. 113 Appointment Chief Bldg. Inspector (Inter-3) (Temp.) (Permits' (Item No. 50-C.C.P. Oct. 16,2001) That Communication 50, Oct. 16, 2001 be received and filed and the temporary appointment of Peter L. Klemann stated above at the intermediate salary of $45,408 effective on October 9. 2001 is hereby approved. PASSED AYES - 12 - NOES - 0 No. 114 Appointment Chief Bldg. Inspector (Inter4) (Perm.) (Permits) (Item No. 5 1 -C.C.P. Oct. 16, 200 1) That Communication 5 1, Oct. 16, 2001 be received and filed and the permanent appointment of Louis J. Petrucci stated above at the intermediate salary of $47,052 effective on October 9, 2001 is hereby approved. PASSED AYES - 12 - NOES - 0 No. 115 Appointment Chief Bldg. Inspector (Inter-4) (Temp.) (Permits) (Item No. 52-C.C.P. Oct. 16,2001) That Communication 52, Oct. 16, 2001 be received and filed and the temporary appointment of Thomas A. Brodfuchrer stated above at the intermediate salary of $47,052 effective on October 9, 2001 is hereby approved. PASSED AYES - 12 - NOES - 0 No. 116 Appointment Chief Bldg. Inspector (Max) (Temp.) (Permits) (Item No. 53-C.C.P. Oct. 16, 200 1) That Communication 53, Oct. 16, 2001 be received and filed and the temporary appointment of William M. Lcisck stated above at the maximum salary of $48,794 effective on October 9, 2001 is hereby approved. PASSED AYES - 12 - NOES - 0 No. 117 Notices of Appts. -Temp. /Prov./Perm. (C. Clk.) (CCP#64-Oct. 16, 01) That the above item be and the same hereby is received and filed. ADOPTED FINANCE (BETTY JEAN GRANT, CHAIRPERSON) NO. 118 Page 63 01-1030.txt REQUEST TO PURCHASE SEATS FROM MEMORIAL AUDITORIUM (ITEM NO. 63, C.C.P., SEPT. 4, 2001) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to negotiate a price for 150-200 blue level seats from the Memorial Auditorium. Passed. AYES-12. NOES-0. NO. 119 PERMISSION TO SELL VARIOUS EQUIPMENT (ITEM NO. 29, C. C.P., OCT. 16, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to sell various vehicles as listed in the above communication to Modern Corporation. Passed. AYES-12. NOES-0. NO. 120 C. FISHER-L. NELSON-QUESTIONS- SERV. ENRICH. SINGLE RM. OCC. PROG. (CCP#103-JULY 24, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 121 ELDER R, DEBOW - PRAISE TABERNACLE CHURCH - DEMOLITION OF 706 WILLIAM STREET (ITEM NO. 72, 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. 122 INCREASE NO. OF K-9S TRAINED TO DETECT EXPLOSIVES (A&F) (CCP#55-OCT. 16, 01) That the above item be and the same hereby is received and filed. ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 123 RE-NAMING OF FLORIDA PINSY PARK TO HORACE "BILLY" JOHNSON PARK (ITEM NO 173, C.C.P., OCTOBER 16, 2001) That the above item be and the same is returned to the Common Council without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News for two consecutive weeks, a copy of which is attached hereto. Page 64 01-1030.txt On a motion by Mrs. LoTempio, seconded by Mr. Thompson, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances - In Favor: Charlie Fisher, George K. Arthur, King Peterson, LeLand Jones, Mrs. Horace Johnson, Justine Wellington, Rose LoTempio, Al Price, Carol Holtz. Opposed: Charlie Thomas Mrs. LoTempio moved that the hearing be closed. Seconded by Mr. Thompson CARRIED. Mr. Thompson moved: That after a public bearing on October 30, 2001, the Common Council does hereby approve the request to change the name of Florida Pansy Park and does hereby change the name of the park to Horace "Billy" Johnson Park. Seconded by Mrs. LoTempio Passed. AYES-12. NOES-0. NO. 124 T. CALEY, PETITION TO USE 3038 BAILEY AVENUE SIT-IN RESTAURANT (TTEM NO. 83, C.C.P., OCT. 16, 2001) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 125 N. KOTRIDES, PETITION TO USE 492 ELMWOOD AVENUE SIT-IN RESTAURANT (ITEM NO. 84, C.C.P., OCT. 16, 2001) That after the public hearing before the Committee on Legislation on October 23, 2001, the petition of N. Kotrides, agent, for permission to use 492 Elmwood Avenue for a sit-in restaurant be, and hereby is approved. Passed. AYES-12. NOES-0. NO. 126 P. HERENDEEN, PETITION TO USE 1275 JEFFERSON AVENUE - ILLUMINATED POLE SIGN (ITEM NO. 85, C.C.P., OCT. 16, 2001) That after the public hearing before the Committee on Legislation on October 23, 2001, the petition of P. Herendeen, agent, for permission to use 1275 Jefferson Avenue for a pole sign be, and hereby is approved. Passed. AYES-12. NOES-0. NO. 127 NOTIF SERIALS #9339-9355 (PW) (CCP#16-OCT. 16, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 128 J. BARNACK-NYSDOT- SAFETY OF KENSINGTON EXPRESSWAY (CCP#73-MAR. 6, 01) That the above item be and the same hereby is received and Page 65 01-1030.txt filed. ADOPTED NO. 129 M. MARTINO-D. LAFOREST-TRUCK TRAFFIC ON RAMONA AVE. (CCP#143-SEPT. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 130 COUNCILMEMBER MARTINO-RAMONA AVE.-TRUCK TRAFFIC (PLAN BD.) (CCP#12-OCT. 2, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 131 REQ. FOR "NO TRUCKS" SIGNAGE-RAMONA AVE.-ABBOTT RD. (PW) (CCP#31 -OCT. 16, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 132 B. GRANT-D. MOODY-INSTALL. -TRAFFIC LIGHT POULTNEY/KENSINGTON AVENUES (CCP#184-MAR. 7, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 133 REINSTALL. TRAFFIC SIGNAL-POULTNEY/KENSINGTON AVENUES (CCP#185-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 134 D. MOODY-REQ. TRAFFIC LIGHT LISBON/PARKRIDGE AVENUES (CCP#90-MAY 29, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 135 B. GRANT-D. MOODY,REQ. TRAFFIC LIGHT LISBON/PARKRIDGE AVES. (POL) (CCP#60-JUNE 26, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 136 REQUEST TO CONDUCT TRAFFIC STUDY OF SOUTH ELMWOOD AVENUE (ITEM NO. 234, C.C.P., MAY 1, 2001) Page 66 01-1030.txt That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio Moved: That the Department of Public Works, Parks and Streets conduct a study on traffic along South Elmwood Avenue, between Edward and Virginia Streets, to determine what changes are needed to prevent future accidents and make this roadway easier to maneuver; and That the Department of Public Works, Parks and Streets provide recommendations to this Common Council as to what other methods may be used to address the concerns of the neighborhood residents. Adopted. NO. 137 TEMPORARY CLOSING - MAIN STREET (ITEM NO. 35, C.C.P., OCT. 16, 2001) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to temporarily close Main Street between Exchange and Swan Streets with conditions as set by the Commissioner of Public Works, Parks and Streets. Passed. AYES-12. NOES-0. NO. 138 R. FRANCO-BENDERSON-REQ. OCCUPY PORTION OF CARY ST. (CCP#79-OCT. 2, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 139 B. WILLIAMS-P. CARTER-REQ. MORATORIUM-DEMO.BLDGS.-EMSLLE ST. (CCP#75-OCT. 16, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 140 SIDEWALK CAFE - 658 MAIN STREET (ITEM NO. 35, C.C.P., JULY 10, 2001) (ITEM NO. 123, C.C.P., OCT. 16, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 141 SIDEWALK CAFE - 658 MAIN STREET (CITY PLANNING) (ITEM NO. 5, C. C.P., OCT. 2, 2001) (ITEM NO. 124, C. C.P., OCT. 16, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 142 SECONDHAND DEALER - 694 GENESEE STREET Page 67 01-1030.txt (ITEM NO. 66, C. C.P., APR. 17, 2001) (ITEM NO. 125, C.C.P., OCT. 16, 2001) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Secondhand Dealer license to Tommie Acoff, d/b/a Used Furniture located at 694 Genesee Street. Passed. AYES-12. NOES-0. NO. 143 SECONDHAND DEALER - 1928 SOUTH PARK AVENUE (ITEM NO. 47, C.C.P., OCT. 16, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana Moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Secondhand Dealer license to Thomas Batt, d/b/a First-At-Batt located at 1928 South Park Avenue. Passed. AYES-12. NOES-0. NO. 144 USED CAR DEALER - 1640 BAILEY AVENUE (ITEM NO. 48, 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 the above item be reconuriitted to the Committee on Legislation. ADOPTED NO. 145 USED CAR DEALER - 1291 BROADWAY (ITEM NO. 64, C. C.P., MAR. 20, 200 1) (ITEM NO. 127, 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 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(for a 5 car permit) to Dominic Corigliano, d/b/a Corey Auto Sales Inc., located at 1291 Broadway. PASSED AYES -12 NOES - 0 NO. 146 USED CAR DEALER - 81 DINGENS (ITEM NO. 5 8, C. C.P., OCT. 2, 200 1) (ITEM NO. 129, C. C.P., OCT. 16, 200 1) 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 Alvino Battistoni d/b/a Battistoni Enterprises LLC. PASSED AYES -12 NOES - 0 7 NO. 147 USED CAR DEALER - 470 HINMAN (ITEM NO. 49, C.C.P., OCT. 16, 200 1) 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 Page 68 01-1030.txt Robert Grimmer d/b/a H & G Used Cars, Inc. PASSED AYES -12 NOES - 0 NO. NO. 148 WHOLESALE JUNK DEALER - 1055 SENECA STREET (ITEM NO. 101, C.C.P., SEPT. 4, 2001) 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 Wholesale Junk Dealer license to Adam Ziccardi, d/b/a Battaglia Demolition Inc., located at 1055 Seneca Street. PASSED AYES -12 NOES - 0 NO. 149 A. SZCZEPANIAK - CONCERNS - PROPERTY AT 1900 HERTEL AVENUE (ITEM NO. 79, C.C.P., JULY 10, 200 1) hat the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above mentioned item be and the same is hereby received and Filed. ADOPTED NO. 150 DELAYED-AND UNSAFE DEMO. ACTIVITY (PERMITS/INSP.) (CCP#79-JULY 24, 01) That the above item be and the same is hereby received and filed. ADOPTED NO. 151 DELAYED AND UNSAFE DEMO, ACTIVITY (PERMITS/INSP.) (CCP#44-OCT. 16, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 152 REV. A. BOYD-GROUP MINISTRIES REQ REM ATTACHED BEN STAND(CP) CCP# 24 SEPT 4, 2001 That the above item be and the same hereby is received and filed. ADOPTED NO. 153 D. WESTPHAL-REQ. NEW STREET-PERRY ST. (CCP#68-SEPT. 18, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 154 B. WILLIAMS-C. CHURCH, ETC. -CONCERNS-CONCERTS Page 69 01-1030.txt (CCP#69-SEPT. 18, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 155 C FISHER M ADAMS-CONCERNS WITH NATIONAL FUEL GAS PERMITS CCP # 46 OCT 16, 2001 That the above item be and the same hereby is received and filed. ADOPTED COMMUNITY DEVELOPMENT (BEVERLY A. GRAY, CHAIRPERSON) NO. 156 B. GRANT-M. HUGGINS- SUPPORT- SUPERMKT. AT WM GAITER PKWY. AT KENS. (CCP#76-JULY 10, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 157 EST A SETBACKON NEW WATERFRONT DEVELOPMENTS(STRAT PL) CCP#17 OCT 2,2001 That the above item be and the same hereby is received and filed. ADOPTED NO. 158 BURA-PEER REV OF NY STATE'S HEALTH CONSULT HICKORY WDS RES AREA (CP) CCP#29 OCT 2, 2001 That the above item be and the same hereby is received and filed. ADOPTED NO. 159 B. WILLIAMS-PETITION F. HA SIDI-SUPPORT FOR HOPE VI PROJECT CCP# 86 OCT 16, 2001 That the above item be and the same hereby is received and filed. ADOPTED NO. 160 STUART ALEXANDER - CONTINUATION OF CONSULTANT SERVICE CONTRACT (ITEM NO. 64, C.C.P., OCT. 3, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio moved: That the above mentioned item be and the same is hereby received and filed. ADOPTED. NO. 161 BURA-CONSOLIDATED PLAN PROCESS/APPLICATION (CDBG PROGRAM) (CP) (CCP#28-OCT, 2, 01) That the above item be and the same hereby is received Page 70 01-1030.txt and filed. ADOPTED NO. 162 L. HILL - VARIOUS ITEMS-UJIMAS PROPERTY - USE OF ASBURY-DELAWARE METHODIST CHURCH (ITEM NO. 109, C.C.P., JULY 24, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio moved: That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 163 L. HILL - REQ. INV. HANDLING, ETC. - UJIMA'S PROPERTY - USE OF ASBURY-DELAWARE METHODIST CHURCH (ITEM NO. 55, C.C.P., NOV. 28, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio moved: That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 164 PURCHASE ASBURY-DELAWARE METHODIST CHURCH (STRAT. PL.) (ITEM NO. 15, C.C.P., OCT. 2, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio moved: That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 165 RIGHTEOUS BABE RECORDS - PURCHASE ASBURY-DELAWARE METHODIST CHURCH (ITEM NO. 13, C.C.P., OCT. 16, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio moved: That the designation of Righteous Babe Records, Inc. as Redeveloper of the Asbury-Delaware Methodist Church property is hereby extended for 120 days. This extension is contingent upon the filing of a feasibility report by the Office of Strategic Planning regarding the Ujima proposal for a potential. reuse of the Asbury Methodist Church. This report must be filed immediately. PASSED AYES -12 NOES - 0 NO. 166 B. WILLIAMS - BUSINESS PLAN - UJIMA THEATRE ARTS INSTITUTE (ITEM NO. 80, C.C.P., JULY 10, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio moved: That the above mentioned item be and the same is hereby received and filed. Page 71 01-1030.txt ADOPTED NO. 167 TRANSFER OF TITLE, URBAN HOMESTEAD - 18 BRIGHTON STREET (ITEM NO. 11, C. C.P., SEPT. 18, 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 18 Brighton 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. Frederick Heath and Mrs. Martha Heath, residing at 20 Brighton 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 -12 NOES - 0 NO. 168 TRANSFER OF TITLE, URBAN HOMESTEAD - 52 EMPIRE STREET (ITEM NO. 12, C.C.P., SEPT. 18, 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 52 Empire 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. Ronald J. Jones and Mrs. Amy B. Jones, residing at 85 Goodyear 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 -12 NOES - 0 NO. 169 TRANSFER OF TITLE, URBAN HOMESTEAD - 14 FARGO AVENUE (ITEM NO. 7, C.C.P., OCT. 16, 200 1) That the city-owned property commonly known as 14 Fargo 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. Carmen M. Rivera, residing at 16 Fargo 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 -12 NOES - 0 NO. 170 TRANSFER OF TITLE, URBAN HOMESTEAD - 178 GOODYEAR AVENUE (ITEM NO. 13, C.C.P., SEPT. 18, 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 178 Goodyear Avenue, is hereby designated as Homestead Page 72 01-1030.txt Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. William C. Bauman, residing at 181 Titus 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 -12 NOES - 0 NO. 171 TRANSFER OF TITLE, URBAN HOMESTEAD - 220 GUILFORD AVENUE. (ITEM NO. 8, C.C.P., OCT. 16, 2001) That the city-owned property commonly known as 220 Guilford 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. Kevin Bussue and Mrs. Linda Bussue, residing at 224 Guilford 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 -12 NOES - 0 NO. 172 TRANSFER OF TITLE, URBAN HOMESTEAD - 362 & 366 KOONS AVENUE (ITEM NO. 9, C.C.P., OCT. 16, 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 properties commonly known as 362 Koons Avenue and 366 Koons Avenue, are hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Hollis J. Perry, Jr., residing at 368 Koons Avenue, 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 -12 NOES - 0 NO. 173 TRANSFER OF TITLE, URBAN HOMESTEAD - 233 SWEET STREET (ITEM NO. 18, C.C.P., SEPT. 18, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 174 TRANSFER OF TITLE, URBAN HOMESTEAD - 106 TITUS STREET (ITEM NO. 15, C.C.P., SEPT. 4, 2001) (ITEM NO. 145, C.C.P., SEPT. 18, 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 106 Titus Page 73 01-1030.txt 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. Timothy H. Brown, residing at 94 Titus 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 -12 NOES - 0 NO. 175 TRANSFER OF TITLE, URBAN HOMESTEAD - 65 AND 69 TOWNSEND STREET (ITEM NO. 16, C.C.P., SEPT. 4, 2001) (ITEM NO. 146, C.C.P., SEPT. 18, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio moved that the above item be recommitted to the Committee on Community Development. ADOPTED No. 176 Transfer of Title, Urban Homestead - 125 VanRensselaer Street (Item No. 19, C.C.P., Sept. 18, 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 125 VanRensselaer 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. Joseph Kuhn and Mrs. Kerry Kuhn, residing at 123 VanRensselaer 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 - 12 - NOES - 0 No. 177 Transfer of Title, Urban Homestead - 100 Woltz Avenue (Item No. 21, C.C.P., Sept. 18, 2001) That the above item be, and the same hereby is received and filed. Adopted Education (Charley H. Fisher, III, Chairman) No. 178 P. Hazzan-Trnr/Carroll-Req. Asst.-Sec. Ftbl. Field (Bd. Ed.) (CCP#58-Feb. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 179 B. Miller-Williams-D. Khahaifa-Concerns-Transp. -Charter Sch. (CCP#102-Apr. 17, 01) That the above item be and the same hereby is received and filed. Page 74 01-1030.txt ADOPTED No. 180 B. Miller-Williams-E & J Piechowicz-Denial-Transp. -King Urb. Sch. (CCP#103-Apr. 17, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 181 B. Miller-Williams-R. Fraiser-Req. Impr.-Bus Loading Zone- Stanton Ac- 931 (CCP#78-Oct. 16, 01) That the above item be and the same hereby is received and filed. ADOPTED Special Committees BUDGET COMMITTEE (Rosemarie LoTempio, Chairperson) No. 182 Perm. Hire Architect-Emerson Playground Shelter/Concession (M) (CCP445-Oct. 2, 01) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 183 By.. Mr. Coppola Incentives For Municipal Employees Whereas: The City of Buffalo is facing its most severe fiscal challenges, both today and in the future; and Whereas: Any and all suggestions and ideas that may help the city save money, while providing the most efficient and effective services, should be considered and welcomed; and Whereas: In many cases the most innovative ideas come from the very men and women who perform the duties and day-to-day operations that provide services, its well as, help build our city; and Whereas.- Because management and research may not be within the scope of their responsibilities, the city should explore the feasibility for providing incentives for those employees and/or departments that formulate money saving ideas that can be measured against past, current, and future practices; and Whereas: Performance incentives have been employed for many years in the private sector, and are currently being employed in many municipalities as well; and Whereas: Municipalities are finding that these types of incentive arrangements with municipal employees can and have been very beneficial and productive; and Whereas: An incentive agreement could include a 50/50 split between the city and the employees from the department in which the savings are realized; and Whereas: An incentive agreement can lead to revenue savings for the City of Buffalo, and provide better services, Page 75 01-1030.txt as well as, and motivate employees, supply them with more attractive options within their employment, and create less turnover. Now, Therefore, Be It Resolved: This Common Council requests the Department of Human Resources, the Commissioner of Administration and Finance, along with all other necessary parties, to explore an employee incentive agreement. Be It Further Resolved: That a report be filed with the Common Council within six (6) months as to the impacts of an employee incentive agreement. REFERRED TO THE COMMITTEE ON BUDGET, THE COMMISSIONER OF HUMAN RESOURCES, AND THE COMMISIONER OF ADMINISTRATION AND FINANCE NO. 184 By Mr. Coppola, Mr. Fontana Fire Department Response to Hazardous Incidents on Railway System Whereas: Federal and State governments have alerted the public about the possibility of terrorist attacks on the train system in the United States; and Whereas.-Many trains travel through the City of Buffalo daily, and many of them pass through highly populated residential areas; and Whereas.-The City of Buffalo should be prepared in the event that any of these attacks occur within the city. Now, Therefore, Be It Resolved: That this Common Council requests that the Commissioner of the Buffalo Fire Department, CSX report to the Legislation Committee on what type of plans are in place in the event of an attack on any train that runs though the City of Buffalo, especially if Hazardous Materials are involved, REFERRED TO THE COMMITTEE ON LEGISLATION THE COMMISSIONER OF FIRE AND THE CXS RAILROAD NO. 185 By: Charley H. Fisher, III The importance of indoor air quality in our workplaces, schools, homes and public structures. WHEREAS: Millions of public and private sector office workers, teachers, students, and the general public in New York State spend a major portion of their daily lives in indoor public structures; and WHEREAS: Indoor Air Quality is a major factor in maintaining the health, welfare and productivity of New York State's public; and WHEREAS: Indoor Air Quality is a vital factor in a healthy learning environment for our schools; and WHEREAS: An enlightened public, fully understanding of the importance of indoor air quality, is a vital factor in promoting occupational health; and WHEREAS: Periodic testing and inspection of indoor air system provides timely notice of potential indoor air problems; and WHEREAS: Increased concerns for energy efficiency has resulted in sealed office buildings, school and workplaces totally heavily reliant on their air supply systems; and WHEREAS: The pending Federal school construction measures provide funding for heating, veneration and other key construction sectors; and Page 76 01-1030.txt WHEREAS: NIOSH estimates that 52% of indoor air quality problems can be avoided by proper maintenance of ventilation system; and NOW, THEREFORE, BE IT RESOLVED: The upcoming winter months, with sealed windows and extensive hot-air heating system use, are times of peak importance for indoor air quality; and BE IT FINALLY RESOLVED: November 14, 2001 is hereby declared to be New York State Indoor Air Quality Day, and private sectors are urged to observe this day by undertaking activities to educate the public on the importance of indoor air quality our workplaces, schools and public structures. ADOPTED No. 186 By: Mr. Fontana, Mrs. LoTempio, Mr. Pitts, Thompson, Coppola and Grant Memorialize New York State to Waive Pre-Demolition Asbestos Cheek Fees Whereas: The City of Buffalo in its attempt to rid its neighborhoods of blight has taken on an extensive demolition effort throughout the city; and Whereas: Last year alone, nearly 600 demolitions were performed in the city; and Whereas :New York State charges a fee ranging from $100 up to $1,000 for an asbestos check that must be done prior to any demolition. The City of Buffalo has its own inspectors who monitor demolitions performed by outside vendors and receives no apparent benefit from the State for the payment of this fee; and Whereas: When demolitions are performed by outside companies, this fee is passed on to the City of Buffalo in higher demolition charges; and Whereas: It is estimated that the city paid between $150,000 and $200,000 to the New York State Department of Labor for asbestos checks on properties slated for demolition; and Whereas: The City of Buffalo currently does its own asbestos inspections on all properties before any demolition is bid out and also monitors the entire demolition process; and Whereas: If New York State waived this fee during the current demolition blitz being conducted by the city, an additional 20-25 structures could be taken down annually; Now, Therefore, Be It Resolved: That the Common Council requests the Department of Permits and Inspections to report to this body, the number of demolitions that the city had to pay asbestos check fees on, and the dollar amount of the fees charged to the City of Buffalo; and Be It Further Resolved: That the Common Council memorialize the New York State Legislature to temporarily waive the asbestos check fees as stated in Section 56 of the New York State Code for a five-year period commencing from January 2002 until 2007, while the city attempts to demolish all its unsafe and abandoned structures; and Be It Finally Resolved: That the City Clerk forward certified copies of this resolution to Governor George E. Pataki, to the leadership of both the New York State Senate and Assembly and to the Western New York delegation of the New York State Senate and Assembly. Page 77 01-1030.txt ADOPTED No. 187 By: Ms. Grant: Bond Resolution $34,000,000 School Bonds District Wide Technology Plan Account No. 7900 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $34,000,000 School Bonds of said City to finance the Buffalo Public Schools share of costs for partial reconstruction of various schools to implement the District Wide Technology Plan, at the estimated maximum cost of $34,000,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue School Bonds of said City in the aggregate principal amount of Thirty-Four Million Dollars ($34,000,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the Buffalo Public Schools share of costs for partial reconstruction of various schools to implement the District Wide Technology Plan, all as more particularly described in the memorandum dated October 23, 2001 to Paul Buchanan, President of the Buffalo Board of Education, from Timothy Hyland, Project Administrator for the Buffalo Public Schools Division of Finance. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $34,000,000 as set forth in the duly adopted 2001 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Board of Education, "District Wide Technology Plan, 2001," Account No. 7900 and shall be used for the purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $34,000,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The existing buildings are of Class "A" construction as defined by Section 11.00 a. 11. (a) of the Law, and the period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 11(a)(1) of the Local Finance Law, is twenty (20) years, provided that upon approval by the Governor of New Page 78 01-1030.txt York State Senate Bill No. 5828, passed by the New York State Senate on October 24, 2001 and by the New York State Assembly on October 25, 2001, the period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 (a) 97 of the Local Finance Law (as then effective), is thirty (30) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the! constitution. PASSED AYES - 12 - NOES - 0 NO. 188 BY: Mrs. Grant Capital Budget Amendment Addition to Capital Program 2001 Board of Education That pursuant to 20-28 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the Capital Program for the fiscal year 2001 be and the same is hereby amended by adding the following item under the heading. Board o f Education Capital Projects District Wide Technology Plan (partial reconstruction of various schools) $34,000,000 PASSED AYES - 12 - NOES - 0 By: Mrs. LoTempio Page 79 01-1030.txt No. 189 Ordinance Amendment Chapter 175 - Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 of the Code of the City of Buffalo be amended to read as follows: 175-4. Emergency medical service apparatus and equipment recovery. The Commissioner of Fire shall establish a schedule of reasonable fees to recover the costs to the Department for the use of apparatus and equipment in the provision of emergency medical services incurred which are above and beyond the normal range of service. The fee shall be charged to the insurance carrier of the rescued individual or entity. In no instance shall rescue and response services be denied for lack of an insurance carrier. The rate for apparatus and equipment shall be established by the Commissioner of Fire and shall be filed with the City Clerk's office. The list of rescue and response services provided herein is not all inclusive and may be expanded at the discretion of the Commissioner. LIGHT DUTY VEHICULAR ACCIDENT $350.00 Circumstances requiring traffic control, control of small fluid leaks, vehicle stabilization, accident scene safety, use of minor tools, patient care and stabilization. HEAVY DUTY VEHICULAR ACCIDENT $600.00 Circumstances requiring hydraulic equipment or specialized rescue techniques to aid the patient, circumstances requiring the assistance of another fire unit. INDUSTRIAL RESCUE RESPONSE $700.00 Circumstances carried out in an industrial setting, spills involving hazardous material, rescues that require additional equipment above the standard fire response. DESTROYED OR CONTAMINATED EQUIPMENT Any equipment which is destroyed or contaminated at the rescue or response scene will be charged at the full cost of replacement of the equipment. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM PASSED AYES - 12 - NOES - 0 No. 190 By: Mrs. LoTempio Excuse Councilmember Gray from Council Meeting. Whereas: Councilmember Beverly Gray will be unable to attend the Council meeting on Tuesday, October 30, 2001, Now, Therefore, Be It Resolved: That the Common Council excuses Councilmember Beverly Gray from attending the October 30, 2001, Common Council meeting. ADOPTED NO. 191 By: Mrs. Martino Union Ship Canal Environmental Impact Study Whereas: The Union Ship Canal, located in Buffalo's South Page 80 01-1030.txt District, presently an abandoned industrial site, has received millions of dollars in New York State funding for renovation and new development; and Whereas: With these funds, it is believed the Union Ship Canal has the potential to become one of the regions most unique business complexes. The project is located in the City, however it will also be adjacent to a small park bordering the canal, with boat slips and opportunities for recreation; and Whereas: In July 2001, the Generic Draft Environmental Impact Statement for this project was before the Common Council and accepted; and Whereas: It is advantageous for the City of Buffalo's Office of Strategic Planning and the City Planning Board to review the Draft Generic Environmental Impact Statement before proceeding with the development plans; Now, Therefore, Be It Resolved: That the Common Council of City of Buffalo does hereby request that the Draft Generic Environmental Impact Statement of the Union Ship Canal be referred to the City of Buffalo's Office of Strategic Planning and City Planning Board for their review; and Be It Further Resolved: That the City of Buffalo's Office of Strategic Planning and the City Planning Board review the Union Ship Canal's Draft Generic Environmental Impact Statement and provide their comments to the Common Council no later than 2:00pm, on Thursday, November 8 th 2001. ADOPTED NO. 192 BY: MR. PITTS THE BUFFALO CREATIVITY AND CIVIC SOLUTIONS COMMISSION WHEREAS: Approximately 40 years ago, Alex Osborn, an advertising executive in Buffalo, developed a form of "creative" power and energy, in a concept now known globally as "Brainstorming"; and WHEREAS: In 1954, Alex Osborn, Seymour H. Knox 11, Wells Moot, Sr. and Whitworth Fergeson, Sr. established the not-for-profit Creative Education Foundation (www.cef-cpsi.org), in Buffalo, to further develop creativity concepts; and WHEREAS: Those concepts were then refined and expanded into what is now globally known as the Osborn/Parnes Creative Problem Solving (CPS) Process; and WHEREAS: Since that initial insight, and without any fanfare, educators, students, professional Consultants and Business Executives from many Fortune 500 Companies from around the world have journeyed to Buffalo each and every year to learn and improve upon the CPS Process, at week-long conferences known globally as the Creative Problem Solving Institute (CPSI), which were always held at our Buffalo Universities; and WHEREAS: The Buffalo State College has also taught the processes of creativity to thousands of students at its world renown International Center for Creative Studies; and WHEREAS: The City of Buffalo, which is quietly recognized as the "Cradle of Creative Studies" and "the Mecca for Global Creativity" can begin to use the skills of the CPSI to improve its own social, economic and environmental conditions. NOW, THEREFORE BE IT RESOLVED: That the City of Buffalo hereby officially recognizes and proclaims its global Page 81 01-1030.txt position, and its accompanying responsibilities as "The Cradle of Creative Studies" and "The Mecca for Global Creativity"; and BE IT FURTHER RESOLVED: That the City of Buffalo hereby authorizes the establishment of the BUFFALO CREATIVITY AND CIVIC SOLUTIONS COMMISSION; and FURTHER BE IT RESOLVED: That the City of Buffalo will solicit input and support from Unity Scholars: Partners in Social Architecture, a not-for-profit corporation whose mission is to inspire and showcase conscious, creative, collaborative, compassionate communities; and BE IT FINALLY RESOLVED: That the Common Council hereby requests the Corporation Counsel to draft the appropriate Charter Revision and submit it to the Common Council at its next regularly scheduled meeting. ADOPTED NO. 193 BY: Mr. Pitts, Ms. Miller, Mr. Fisher CITY OF BUFFALO AND ERIE COUNTY INDUSTRIAL AGENCY AGREEMENT TO REDEVELOP BUFFALO FORGESITE WHEREAS: The City of Buffalo in 1998 originally proposed to take title to the abandoned Buffalo Forge site at 490 Broadway. This old industrial site is located in the city's Homeownership Zone and was originally planned for residential development; and WHEREAS: Since that time, the city's Department of Strategic Planning has reconsidered the probability of residential development at the site. Issues relating to the adequacy and cost of the environmental remediation of tile site have been provided; and WHEREAS: The Buffalo Green Gold Corporation has developed a proposal to rebuild the Buffalo Forge site into an "Ecological Industrial Park". This proposal would maintain the use of the site as a manufacturing facility. However, the businesses that would be developed in the Industrial Park would be primarily from the Environmental Industry. The site would also specialize in the development and use of alternative forms of energy, waste and co-generation exchanges; and WHEREAS: Howden International, the owners of the Buffalo Forge site have met with the City and representatives from the Erie County industrial Agency (ECIDA), to finalize an agreement to transfer title appropriately. This would allow for the work to begin on the remediation of the site as well as the implementation of a Feasibility Study to determine the development of the Ecological Industrial Park; and WHEREAS: The City of Buffalo has allocated $150,000 for the proposed redevelopment of the Buffalo Forge site; and WHEREAS: ECIDA has recently implemented a Brownfields Redevelopment program for which the Buffalo Forge site would be eligible. NOW THEREFORE BE IT RESOLVED THAT: The Common Council requests the Erie County Industrial Development Agency develop an agreement with Howden International and the City of Buffalo to take title for the purposes of the redevelopment of the Buffalo Forge site. ADOPTED NO. 194 BY: Mr. Pitts Page 82 01-1030.txt TAX INCREMENTAL FINANCING OF THE FRUITBELT REDEVELOPMENT PLAN WHEREAS: The Department of Strategic Planning has just approved the second phase funding of a study for the revitalization of the Fruitbelt neighborhood. This study is being conducted under the auspices of the Center for Urban Studies at the State University of New York at Buffalo's School of Architecture and Planning; and WHEREAS: The study demonstrates that the revitalization of the Fruitbelt neighborhood is an essential component to the Buffalo Niagara Medical Campus area. In fact, both areas have to be planned and redeveloped conjunctively in order to realize the potential benefit to the City of Buffalo; and WHEREAS: The Fruitbelt Study proposes the use of tax incremental financing in order to fund the implementation of the revitalization program. This unique method of financing is available to the City of Buffalo under the New York State Municipal Redevelopment Law. This approach is unique and has not been used for residential redevelopment; and WHEREAS: In order to utilize the tax incremental provisions, the Common Council must approve a resolution authorizing the establishment or designation of a municipal redevelopment authority which has to be a public benefit corporation to develop a plan. This redevelopment plan would be subject to review, hearings and final approval similar to an urban renewal plan. However, under the tax incremental financing process, final authorization would allow the municipal redevelopment authority to issue and sell bonds to raise funding; and WHEREAS: The Department of Strategic Planning and the Center for Urban Studies have met to develop an approach for utilizing the tax incremental financing. The department is developing the appropriate information and criteria through the finalization of the Fruitbelt Study; and WHEREAS: In order to finalize a redevelopment plan, the Common Council must first approve by resolution a preliminary plan, which shall then provide for the preparation of a final redevelopment plan. The present Fruitbelt Study is adequate to act as the preliminary plan. NOW THEREFORE BE IT RESOLVED THAT: The Common Council approves "The Turning Point" Strategic Plan and Action Report submitted by the Center for Urban Studies as the required preliminary plan to begin the preparation of the final redevelopment plan. FURTHER BE IT RESOLVED THAT: The Common Council requests the Corporation Counsel to work with the Department of Strategic Planning and the Center for Urban Studies to prepare a legally correct final Redevelopment Plan to be filed with the Common Council by December 31, 2001. PASSED AYES - 12 - NOES - 0 NO. 195 By: Mr. Pitts Urge City Participation in the Green Design 2001 Conference Whereas: The "Green Design 2001: Solar Energy in Buildings" conference will be held at the Buffalo Convention Center on Thursday, November 8"', 2001; and Whereas: This conference will be the third in a series of green design conferences held in the City of Buffalo in recent years, and it promises to be a practical seminar that Page 83 01-1030.txt leaves those who attend with skills, contacts, insights and ideas they can use to improve Buffalo's buildings; and Whereas: The Green Design conferences have been spearheaded by the University of Buffalo's UB Green Office, with this year's event being cosponsored by representatives from the American Institute of Architects, the Buffalo Board of Education, the Erie County Department of Environment and Planning, and the Women's Pavilion of Pan Am 2001; and Whereas: Last year's conference was a huge success, attracting 175 participants, half of whom were architects and engineers; and Whereas: Green Design 2001 will focus on green building design with an emphasis on the use of solar energy, and will include a panel discussion on green design opportunities in the $1 billion Buffalo Public Schools project; and Whereas: Prominent and dynamic speakers will take part in this one-day conference, including Steven Strong of Solar Design Associates; who was named Time magazine's " 1999 Hero of the Planet"; and Whereas: Green design, and the use of solar energy in particular, can help preserve and restore the environment, cut costs, and produce a better working environment; and Whereas: It is important for employees in the departments of Public Works, Strategic Planning, Permits and Licenses, Administration and Finance, the Buffalo Sewer Authority, the BMHA, and the Board of Education, to become familiar with the advantages of green design and solar energy; and Whereas: The conference fee has been kept to a minimal S40 to encourage participation in the conference; Now, Therefore, Be It Resolved That: This Common Council endorses the Green Design 2001 conference and directs that copies of this resolution be sent to the heads of the above listed departments and agencies to encourage them to send appropriate personnel to the conference, in the belief that the City of Buffalo can benefit both financially and environmentally from participating in this important event. ADOPTED NO. 196 By: Ms. Miller-Williams Moratorium on Demolitions Around Emslie Street Area in the Ellicott District Whereas: A team of graduate students from the University of Buffalo's Department of Architecture and Planning are attempting to develop a model neighborhood revitalization plan and implementation strategy for the community; and Whereas: The Emslie Avenue neighborhood, bounded by William Street, Jefferson Avenue, Smith Street, and North Division street has been chosen by the school as the area to develop this plan; and Whereas: The plan is being coordinated with the city's Good Neighbors Planning Alliance, neighborhood residents, business owners, community organizations, and other stakeholders in the community; and Whereas: During the inventory of the neighborhood, several homes and buildings with historic characteristics were discovered; and Whereas: Unfortunately, some of these buildings, with their unique style and craftsmanship, are among the oldest structures in the city, may be scheduled for demolition; Now, Therefore, Be It Resolved: Page 84 01-1030.txt That the Common Council hereby declares a six month moratorium which would allow for a more thorough study of the area, on all demolitions in the area bounded by William Street, North Division Street, Jefferson Avenue, and Smith Street, except where residents safety is at risk; and Be It Further Resolved: That the City Clerks office send certified copies of this resolution to the Commissioner of Public Works, Parks and Streets, to the Commissioner of Permit and Inspections, and to Patricia Carter from the State University of New York at Buffalo's School of Architecture and Planning. ADOPTED NO. 197 BY: MS MILLER-WILLIAMS SALARY ORDINANCE AMENDMENT 01 - COMMON COUNCIL 1011 - COUNCILMEMBER 10 The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 01 - Common Council, 1011 - Councilmember 10, which currently reads: 2 Legislative Assistant $32,962 Is hereby amended to read: 1 Legislative Assistant $32,962 1Legislative Aide $28,800 IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. CHARLES L. MICHAUX III, CITY CLERK, JAMES B. MILROY, DIRECTOR OF BUDGET, and we hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position. PASSED AYES - 12 - NOES - 0 No. 198 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 Bishop Louis Sylvester By Councilmember Pitts, Michaux Felicitation for Genevieve Collins By Councilmember Pitts , Michaux Felicitation for National French Week By Councilmember Pitts, Michaux In Memoriam for Ervin Chwalinski By Councilmember All Councilmembers ADOPTED. Page 85 01-1030.txt No. 199 BY: BARBARA A. WILLIAMS Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for-the term ending December 31 # 2002 r conditional upon the person so appointed certifying under oath to their qualifications and filling same with the City Clerk: LYNDA A. ARQUETTE LORI MARINARO SARA.A. PAUSE JANET M..ATTI CLARE M. GANGEMI SUSAN C.MOODY KARIN M. HALPERM MONIKA S. BLINZLER ADOPTED. No. 200 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 Wednesday, November 7,2001 at 9:00 o'clock A.M. Committee on Finance Wednesday, November 7, 2001 at 10:00 o'clock A.M. Committee on Legislation Wednesday, November 7, 2001 at 1:00 o'clock P.M. Committee on Education Wednesday, November 7, 2001 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, November 7, 2001 at 2:30 o'clock P.M. Special Committees Budget Committee Thursday, November 1, 2001 at 10:00 o'clock A.M. Bi-National Bridge Committee Thursday, November 8, 2001 at 2:00 o'clock P.M. Pay Phones Task Force Friday. November 9, 2001 at 9:00 o'clock A.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. No. 201 Adjournment On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 5:20 pm Page 86