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Home My WebLink About01-1002-ss1005 01-1002-ss1005.txt No. 17 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO October 2, 2001 SPECIAL SESSION-OCTOBER 5, 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 01-1002-ss1005.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 2, 2001 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and and Council Members Bonifacio, Brown, Coppola, Ellington, Fisher, Fontana, Golombek Grant, Gray, LoTempio, Martino, Pitts, and Williams - 12. ABSENT - Thompson -1 On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on September 18, 2001 were approved. FROM THE MAYOR - EXECUTIVE DEPARTMENT NO. 1 APPOINTMENT OF DISASTER COORDINATOR C.C.P. #221, 6/26/01 Pursuant to the powers vested in me, I hereby appoint Mr. John W. Sniderhan, residing at 158 Cushing Place, Buffalo, Page 2 01-1002-ss1005.txt NY 14220, to the position of Disaster Coordinator, effective immediately, at a salary of $45,000. Mr. Sniderhan has served the Buffalo Fire Department since October 1967 and was appointed Deputy Commissioner on July 1, 1995. Mr. Sniderhan has the knowledge and experience to run the city office of Disaster Preparedness. He has initiated and worked in the following programs: Corporate Emergency Access System(CEAS), "Project Impact" a FEMA program designed to help make the City of Buffalo a more disaster resistant community, Metropolitan Medial Response System(MMRS) and the Emergency Operations Center(EOC). I believe that Mr. John Sniderhan is fully qualified to serve as Disaster Coordinator. RECEIVED AND FILED NO. 2 RE-APPOINT MEMBERS- COMMISSION ON CITIZENS RIGHTS AND COMMUNITY RELATIONS Pursuant to Article 18, Section 18-21 of the Charter of the City of Buffalo, I hereby re-appoint the following individuals to the Commission on Citizens Rights and Community Relations for a full three-year term: Jack C. Anthony 91 Greenfield Street Buffalo, NY 14214 Peter A. Weimnann 286 Huntington Avenue Buffalo, NY 14214 Ross T, Runfola 96 Cleveland Avenue Buffalo, NY 14222 LaVonne Ansari 815 Auburn Avenue Buffalo, NY 14222 The individuals listed above were appointed initially to a one-year term under the terms of the Charter, in order to accommodate staggered terms for the full membership. Their terms will expire June 30, 2004. RECEIVED AND FILED NO. 3 REQ AUTHORIZATION CLOSE FIRE COMPANY ROTATING BASIS DEAR HONORABLE MEMBERS: As one measure to address our current budget problems, I am requesting authorization from this Honorable Body to close one fire company until further notice and close another company on a rotating basis at the discretion of the Commissioner of Fire. The closings will be effective immediately. This proposal will close Engine Company 16 at Jefferson and Kingsley. Please be advised that two fire companies, Engine Company 21 and Ladder Company 6, will still be housed at the Jefferson - Kingsley Station House. There will be no effect on response time for first-in engine company or first-in ladder company, and negligible impact for additional companies responding to fires in that area. Page 3 01-1002-ss1005.txt The City of Buffalo is experiencing severe budget challenges that can only be resolved through the collaboration of the administration, Comptroller, and the Common Council. Thank you for your cooperation in this matter. Sincerely, Anthony M. Masiello REFERRED TO THE COMMITTEE ON BUDGET NO. 4 FISCAL PROBLEMS VARIOUS PROPOSED MEASURES Dear Honorable Members: As you are aware, Comptroller Anthony Nanula, Council President James W. Pitts, Council Majority Leader Rosemarie LoTempio and I made a joint announcement on Friday September 28, 2001regarding the preparation of contingency plans to address the possible fiscal impact on the city's 2001-2002 fiscal year relative to the state budget and the potential of reduced state appropriations to the City of Buffalo. In addition to the questionable state appropriations, the city faces a looming cash flow problem. To address these severe fiscal problems we have proposed and implemented the following measures: No raises for exempt personnel freeze on all hiring freeze on capital outlay accounts in each department moratorium on the 2002 Capital Budget delay in payment of Grant-in-Aid funds proposal of 0 % increases for all pending union contracts Preparation of a list of temporary and provisional employees for layoff In addition, as a separate item referred to your Honorable Body, I have proposed closing two Fire companies; Engine Company 16 until further notice, and another fire company on a rotating basis at the discretion of the Commissioner of Fire. We have sent letters to Governor Pataki, Senate Majority Leader Joseph Bruno, and Assembly Speaker Sheldon Silver apprising them of the severity of our fiscal problems and requesting that they take action quickly to resolve this matter. We are in the process of arranging a meetingg~ t a meeting with the Western New York State Legislative Delegation later this week. Finally, I have asked Commissioners of each city department to analyze his or her department's budgets and recommend additional cuts that will help to reduce city expenses. Department heads will be presenting their proposals to my staff within the next few days. I offer the full cooperation of my department heads to assist your Honorable Body, as we, the Masiello Administration, the Office of the Comptroller, and the Common Council, work together to solve the city's fiscal challenges. Thank you for your continued cooperation. I look forward to working together with you in a unified cooperative effort to address both short term and long term measures in. this time of budget uncertainty. REFERRED TO THE COMMITTEE ON BUDGET FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 5 J. CIPOLLA 658 MAIN ST. Page 4 01-1002-ss1005.txt SIDEWALK CAFE ITEM NO. 35, C.C.P. 7/10/2001 The City Planning Board at its regular meeting held Tuesday, September 25, 2001, considered the matter captioned above pursuant to Section 413-59 of the Buffalo Code, Sidewalk cafes. The applicant seeks to encroach the right-of-way with a 101x101 sidewalk cafe at 658 Main Street. Under SEQR the proposed sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend denial of the proposed sidewalk caf6 after repeated failed attempts to have the applicant appear before the board. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 6 MARINE MIDLAND BANK 2234 SENECA STREET 41X4L PROJECTING SIGN ITEM NO. 73, C.C.P. 9/18/2001 The City Planning Board at its regular meeting held Tuesday, September 25, 1999, considered the matter captioned above pursuant to Section 413-67 of the Buffalo Code, Encroachment regulations. The applicant seeks to place an illuminated 41x4l "ID" sign that will hang perpendicular to the face of an existing bank building located at 2234 Seneca Street. The projecting sign will encroach the right-of-way with 111 of clearence from the bottom of the sign to the sidewalk. 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 41x4l sign and encroachment condition on public works review and approval of the encroachment. RECEIVED AND FILED NO. 7 MCDONALDS CORP. 1814 GENESEE STREET ACCESSORY POLE SIGN ITEM NO. 74, C.C.P. 9/18/2001 The City Planning Board at its regular meeting held Tuesday, September 25, 2001, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 1212"xl4'2"x22.51 pole "ID" sign, to be located at 1814 Genesee Street. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board previously approved this sign as part of their review, of the proposed site plan, for reconstruction of the building at this site. This sign proposal is a reduction of the 100, pole sign which prompted this current legislation for free standing signs. The 22.51 overall height, for this sign, is an exception to height limits the Planning Board normally imposes. This is due to the fact that a second pole sign is already, at this location, at a height of 22.5' and that the sign is actually being reduced a considerable height. The Planning Board voted to re-approve the proposed accessory pole sign as part of the applicants site plan. RECEIVED AND FILED Page 5 01-1002-ss1005.txt NO. 8 WNY NURSING HOME COUNCIL 534 DELAWARE AVE. ACCESSORY GROUND SIGN ITEM NO. 75, C.C.P. 9/18/2001 The City Planning Board at its regular meeting held Tuesday, September 25, 2001, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 321lx7lx4l accessory ground "ID" sign at 877 Delaware Avenue. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Preservation Board has already granted their approval of the proposed sign. The Planning Board voted to recommend approval of the proposed accessory sign with the conditions imposed by the Preservation Board. RECEIVED AND FILED NO. 9 PLAZA ONE GROUP 1040 DELAWARE AVE. ACCESSORY GROUND SIGN ITEM NO. 76, C.C.P. 9/18/2001 The City Planning Board at its regular meeting held Tuesday, September 25, 2001, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 32"x7lx4l accessory ground "ID" sign at 877 Delaware Avenue. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Preservation Board has already granted their approval of the proposed sign. The Planning Board voted to recommend approval of the proposed accessory sign with the conditions imposed by the Preservation Board. RECEIVED AND FILED NO. 10 MOHAWK PLACE BAR 47 E. MOHAWK ST. SIDEWALK CAFE ITEM NO. 51, C.C.P. 6/26/2001 The City Planning Board at its regular meeting held Tuesday, September 25, 2001, considered the matter captioned above pursuant to Section 413-59 of the Buffalo Code, Sidewalk cafes. The applicant seeks to encroach the right-of-way with a 61x321 sidewalk cafe at 47 E. Mohawk Street. Under SEQR the proposed sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to receive and file the proposed sidewalk caf6 since the Common Council has already approved this item at their September 18, 2001 meeting. RECEIVED AND FILED NO. 11 N. NORDIN PORTION OF WOODBURTY ALLEY ABANDON AND SALE ITEM NO. 77, C.C.P. 9/18/2001 Page 6 01-1002-ss1005.txt The City Planning Board at its regular meeting held Tuesday, September 25, 2001, considered the matter captioned above pursuant to Section 317.1 of the Buffalo Code, Referable Matters to the City Planning Board . The applicant is asking the City of Buffalo to abandon and sell a portion of the North end of Woodburft Alley which abuts their property at 62 N. Pearl Street. 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 abandonment and sale of a portion of the north end of Woodburry Alley conditioned on the approval of all abutting property owners and the review and approval by the Division of Real Estate. REFERRED TO THE COMMITTEE ON FINANCE NO. 12 RAMONA AVE. TRUCK TRAFFIC ITEM NO. 143, C.C.P. 9/4/01 The City Planning Board at its regular meeting held Tuesday, September 11, 2001, considered the matter captioned above pursuant to Section 317.1 of the Buffalo Code, Referable Matters to the City planning Board. The residents of Ramona Avenue have concerns that an unusual amount of delivery truck traffic is using Ramona Avenue as pass through street. Ramona Avenue is a residential street that prohibits trucks. The residents believe the source of the delivery trucks is from either, the new Rite-Aid pharmacy at Ramona and Abbott, or the new just pizza at Abbott and Woodside Streets. The residents feel there may not be enough signs posting "No Truck Traffic" and there may not be enough enforcement of the City ordinances. The Planning Board voted to communicate to the Department of Public Works and the Police Department the concerns of the Ramona Avenue residents. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 13 EPIC 1000 MAIN ST. ACCESSORY GROUND SIGN ITEM NO. , C.C.P. 10/2/2001 The City Planning Board at its regular meeting held Tuesday, September 25, 2001, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 41x1611xl01 accessory ground "ID" sign at 1000 Main Street. 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 at an overall height of 71 and along with any additional conditions as may be imposed by the Preservation Board. RECEIVED AND FILED FROM THE BUFFALO BOARD OF PARKING NO. 14 BCAR RATE INCREASES NO.180,CCP 09/10/01 I have been informed by Buffalo Civic Auto Ramps Inc. Page 7 01-1002-ss1005.txt that they have agreed to rescind the fiscal year 2OU 1-02 rate increase. Please prepare your said increase in your 2002-03 annual budget. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 15 ASBURY DELAWARE CHURCH Pursuant to your request in CCP no. 109, dated July 24, 2001, attached is the Common Council proceeding, approved by your Honorable Body, designating the Buffalo Urban Renewal Agency as the redeveloper of the Asbury Delaware Church and accepting the $5,000.00 non-refundable option from Righteous Babe Records, to purchase the building. Righteous Babe Records is exploring the possibility of converting the church into offices and recording/performance studios. The Buffalo Urban Renewal Agency designated Righteous Babe Records on December 14, 2000 for a six month period which expired on June 14, 2001. Righteous Babe Records was redesignated on June 28, 2001 for a three month period which will expire on September 28, 2001. If you have any questions regarding the above, do not hesitate to contact me. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 16 ANNUAL REPORT EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES The City of Buffalo's Enterprise Community has a strategic plan, a "strategic vision for change", which consists of 16 initiatives designed to meet and fulfill three principles: 1) community based partnerships, 2) economic opportunity, and 3) sustainable community development. Each initiative, as part of the strategic plan, must meet one of three goals as stipulated by the US Department of Health and Human Services: 1) achieving or maintaining economic self support to prevent, reduce, or eliminate dependency, 2) achieving or maintaining self sufficiency, including reduction or prevention of dependency, and 3) preventing or remedying the neglect, abuse or exploitation of children and adults unable to protect their own interests or preserving, rehabilitating or reuniting families. The implementation of the ECs strategic vision for change shares the strategic policy objectives of the City of Buffalo's Consolidated Plan in a variety of ways. To date, the Federal Enterprise Community of Buffalo (FE CB), the not-for-profit corporation created by the City in partnership with the community to oversee the EC designation, shares a number of successes with the City as a whole. 8 of the 16 Enterprise Community implementation plan initiatives have been completed. The 8 remaining Initiatives that are still active have achieved significant progress toward completion of their milestones and achievement of their output projections. The following summary outlines those successes. Community Based Partnership The creation of partnerships and collaborations is an important linchpin of Mayor Anthony M. Masiello's strategy for the revitalization of the City of Buffalo. Building Page 8 01-1002-ss1005.txt community based partnerships has been a central feature of the approach employed by EC initiatives Mayor's Impact Team, Neighborhood Matching Fund, and Community Schools. The Community Schools Initiative, which was completed shortly after submission of last year's Annual Report, served 850 EC residents through a partnership with 3 schools and the Buffalo Board of Education. Continuing its work with block clubs throughout the EC, the Mayor's Impact Team has now served 2,410 EC residents through the elimination of neighborhood blight. The Impact Team creatively mobilizes volunteers and businesses in support of its efforts, and continues to help EC residents organize block clubs on streets where they do not currently exist. The Neighborhood Matching Fund has to date provided small grants to 73 block clubs and community organizations serving EC neighborhoods and residents. Annual Report In June of 2001, the FECB, entered into a collaborative relationship with the Even Start Family Literacy Project, a federally funded effort that provides intensive family-centered literacy services for parents and children in the City of Buffalo, including residents of the City's Enterprise Community. Even Start brings together the Buffalo Board of Education, I Holy Cross Head Start, and The Belle Center, all of which serve residents of the EC. During die coming months and years, FECB will refer EC residents participating in our initiatives to Even Start for literacy services, and Even Start will provide information about EC initiatives to the families it serves. The FECB continued its partnership with tile International Gateway District Task Force and the Interdominational Federation of Churches, both of which are economic revitalization organizations consisting of many other organizations. Although the FECBs partnerships with the Even Start Family Literacy Project, the Gateway District Task Force, and the Interdenominational Federation of Churches arc not directly related to specific EC initiatives, these collaborative relationships are a form of "networking" that enables the FHCB to better coordinate its efforts with those of other organizations working to improve the quality of life in Buffalo's Enterprise Community. These partnerships enhance the FECB's ability to assess evolving needs in the Buffalo EC, and to identify potential new EC initiatves that may be developed in the future. During the coming year, the FECB Board of Directors will be exploring other partnerships of this type. Economic Opportunity Three of the five Workforce Development initiatives are active, and two were completed prior to submission of last year's Annual Report. Progress towards completion of milestones and reaching projected outputs by the Construction Trades Training/ Family Preservation Center Initiative, an effort to provide construction trades training and job placement for EC residents, was temporarily halted by internal management problems experienced by Hispanics United of Buffalo, tile InItlarivi2's sponsor. Once these organizational issues were resolved during the Fall of 2000 through a change in leadership at the agency, progress towards successful implementation of this initiative resumed. By the end of the reporting period, 18 EC residents had been trained and 11 had been successfully placed 11-1 jobs, while construction of the Family Preservation Center moved forward. Page 9 01-1002-ss1005.txt The Loan Fund Initiative is a workforce development effort designed to assist in the growth of small businesses and jobs in the EC by increasing the availability of capital. progress towards successful implementation of this initiative has been very limited. Interviews conducted in the microbusiness and low income communities to identify obstacles to success revealed that the collateral requirements for loans are unrealistic, and prospective businesses need technical assistance and assistance in the preparation of business plans. As a result, the Loan Fund is relaxing collateral requirements: and placing a greater emphasis on technical assistance. It is hoped that these changes in methodology will lead to greater progress towards achievement of projected results during the coming year. Another active workforce development initiative is the Community Kitchen Initiative, a licensed commercial kitchen and training site designed to help EC residents launch entrepreneurial activities in the food preparation business. Although the Initiative has lagged behind its original timeline for completion of many project milestones, during the past year it has established a solid foundation for actively reaching out to potential food preparation entrepreneurs in the E C. The kitchen equipment has been installed, the program design for the project has been completed, and an intensive trainee recruitment effort is underway. The Coalition for Employment & Economic Development Initiative, and the Community Economic Development Initiative, both complete, achieved job placements for a total of 226 EC residents. Two of the three Businesses Assisted initiatives are active, and one is complete. The active William Gaiter Park-way Initiative, utilizing a combination of FEC, Section 108, Economic Development Initiative, City Capital and New York State Industrial Access Project funds, continues to enjoy enormous success. Beginning with the redevelopment of a former brownfield site, this project has exceeded its projected outputs for job creation or retention, and is rapidly approaching its projections for assistance to businesses. To date, 204 jobs have been created or retained, 18 businesses have received financial assistance, and 10 businesses have received technical assistance. The Tops International-Niagara Expansion Initiative has completed acquisition of the 19 properties required for the project, as well as negotiations with the supermarket's owner. Completion of other preparatory work has established the foundation to soon begin construction of the expanded supermarket, and move forward towards achievement of the Initiative's job creation and retention projections. The complete Towne Gardens Retail Incubator Initiative provided assistance to 5 businesses and created or retained 8 jobs. Sustainable Community Development The Homeownership Initiative, one of the City's most ambitious housing projects, continues to move forward. Bringing together a wide range of public and private financing totaling $45,156,600, in addition to the $200,000 EC investment, this initiative has begun construction on 159 new homes, and has completed 125 of them. In the category of Public Safety, the complete Gang Suppression Unit Initiative served 221 EC residents. Three completed Infrastructure initiatives resulted in repairs for a Page 10 01-1002-ss1005.txt community center in Area 3 of the EC, served 50 EC residents through streetscape improvements, and generated a feasibility study on the creation of an international U.S./Canadian border communications network. Tax Incentive Utilization Plan Other Considerations Governance Report The meetings were open to the public. The main governing body met 11 times during the year. 75 '4 of the members are residents of the EZ/EC. The governing body operates with subcommittees. Subcommittee meeting-, are open to the public. Subcommittees met a total of 3 times during the year. Governance Member REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 17 ESTABLISHING A SETBACK ON NEW WATERFONT DEVELOPMENTS (ITEM NO. 198-75 , C.C.P. 9/19/01) The above resolution requests that the Office of Strategic Planning negotiate a setback for all new waterfront projects in the City of Buffalo. OSP will negotiate, to the extent that we have the legal authority to do so. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 18 ESTABLISH A SWIMMING BEACH IN BUFFALO AT A CENTRAL LOCATION (ITEM NO. 197-74 , C.C.P. 9/19/01) The above resolution makes three requests of the Office of Strategic Planning: 1. To develop a plan for identifying three potential sites for new beaches, including the costs and processes for identifying and evaluating those sites. 2. Examine the former Marine Airport (described as the former boat launch in the resolution) as a possible site 3. Examine the "shallow area off of the (LaSalle) Park located near the Band Shell", as a possible site. Inasmuch as the Buffalo Waterfront is currently being studied under the Corridor Management Plan for the Buffalo Waterfront, we will add these requests to that agenda and report back to the Common Council in a timely manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 19 FY2001 CONSOLIDATED PLAN (ITEM NO. 13 , C.C.P. 11/14/00) Dear Honorable Council Members: At the Community Development Committee Meeting held on September 12, 2001, requests were made to this office for information relative to the City's response of concerns made by the Department of Housing and Urban Development regarding the FY2001 Consolidated Plan. Attached you will find copies of our response to HUD along with documents relating to the Section 3 programs. Councilmember-at-Large Charlie Fisher expressed concerns about Computer Technology Resource Center. Please be advised that eligibility issues were addressed and subsequently BURA approved funding for $28,000. The contract has been expended except for the $2,800 advance. Page 11 01-1002-ss1005.txt REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 20 LEASE AGREEMENT - 944 E. DELAVAN The Office of Strategic Planning, Division of Real Estate, has received a request from Mr. Willie E. Johnson, 46 Race Street, Buffalo, New York, to lease the above captioned property. The property consist of a 1200 square foot concrete block building, situated on a lot 65' x 120'. The City of Buffalo acquired the property in the November of 1999 through tax foreclosure. Mr. Johnson runs a welding business there and is a hold over tenant. Mr. Johnson originally requested to purchase the property and did receive a mortgage commitment from a local lending institution. However, a preliminary environmental investigation indicates that there may be existing underground gasoline tanks and he has not been able to finalize financing for the acquisition. The Division of Real Estate is working Mr. Johnson to try and resolve the above situation of the underground tanks. In the meantime, Mr. Johnson has requested to lease the property in order to continue to operate his business. Mr. Johnson has agreed to lease the property for a three (3) year period or until such time that an environmental investigation and/or remediation of the property has been completed by the City. Mr. Johnson will be given an option to purchase and right of final refusal during the three- (3) year period. The annual rental will be Thirty-Three Hundred Dollars ($3,300.00). The premises will be leased "as is" and the tenant shall be responsible for all interior and exterior minor repairs and maintenance. Mr. Johnson will also be responsible for the payment all utilities and user fees and provide proper liability insurance. The Corporation Counsel, City of Buffalo, will determine the type and amount of insurance. I am recommending that Your Honorable Body approve the request of Mr. Willie E. Johnson to lease the property at 944 East Delavan upon the above terms and conditions. I am further recommending that the Corporation Counsel prepare the necessary lease agreement and that the Mayor be authorized to execute the same. Mrs. Lotempio moved: That the above communication from the Office of Strategic Planning dated September 17, 2001, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to enter into a lease between the City and Mr. Willie E. Johnson, for use of 944 E. Delavan Avenue for a three (3) year period or until such time that an environmental investigation and/or remediation of the property has been completed by the City. Mr. Johnson will be given an option to purchase and right of final refusal during the three- (3) year period. The annual rental will be Three Thousand and Three Hundred Dollars ($3,300.00). The premise will be ]eased "as is" and the tenant will also be responsible for the payment of all utilities and user fees and provide proper liability insurance. That the Corporation Counsel be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same. PASSED AYES -12 NOES - 0 Page 12 01-1002-ss1005.txt NO. 21 RESPONSE - 44 - 46 RILEY STREET FOR A PARKING LOT ITEM #70, C.C.P. SEPTEMBER 18, 2001 The above referenced item has been forwarded to the Office of Strategic Planning for a response. This item is a letter from Mr. & Mrs. Willis Williams opposing a proposed parking lot at 44 - 46 Riley Street, which are privately owned by Cash Realty. The two lots are zoned R-3 and would require a zoning variance and Common Council approval. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 22 RESULTS OF NEGOTIATIONS 564 NIAGARA (FORMER PRECINCT #10) AND 499 SEVENTH ITEM NO. 119, C.C.P. 3/21/00 In the above referenced item Your Honorable Body authorized the abandonment and sale of 564 Niagara Street for the development of a Family Medical Facility. The Office of Strategic Planning in conjunction with the Buffalo Economic Renaissance Corporation have been negotiating with Dr. Raul Vazquez to develop a Medical Facility at the site. We have received a proposal from Vazquez Urban Family Practice, L.L.C., to build a new 5,600 square foot medical building which will offer state of the art primary medical care facility to the minority community on the West Side of Buffalo. The current structure at 564 Niagara Street is not functional for a modem medical facility and will be demolished along with 499 Seventh Street to make way for the development. The estimate cost of the project is aver Six Hundred Thousand Dollars ($600,000.00). The Division of Real Estate has received an offer from Urban Family Practice, L.L.C. to purchase the vacant lot at 564 Niagara and 499 Seventh in the amount of Twenty-Three Thousand Dollars ($23,000.00). The property was appraised by Mr. Frank Pirritano, Appraiser. He has estimated the fair market value of the vacant land at 564 Niagara to be Twenty-Two Thousand Dollars ($22,000). The additional land at 499 Seventh Street (35'x 146) has been estimated by the Division of Real Estate at One Thousand Dollars ($1,000.00). Urban Family Practice, L.L.C. has received financial commitments from M & T Bank and Buffalo Economic Renaissance Corporation in the amount of Six Hundred Thousand Dollars ($600,000.00). Building Plans for the facility have been filed with the City of Buffalo for approval. I am recommending that Your Honorable Body approve the sale of 564 Niagara Street and 499 Seventh Street to Vazquez Urban Family Practice, L.L.C. in the amount of Twenty-Three Thousand Dollars ($23,000.00). 1 am further recommending that the Corporation Council prepares the necessary documents for the transfer of title and 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 September 25, 2001, be received and filed; and That the offer from Dr. Raul Vazquez, of Vazquez Urban Family Practice, L.L.C., in the sum of Twenty-Three Page 13 01-1002-ss1005.txt Thousand Dollars ($23,000.00) for the sale of 564 Niagara (Former Precinct #10) and 499 Seventh Street, be and hereby are accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -12 NOES - 0 NO. 23 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 0 GRAPE,(CITY OWNED-VACANT LOT, DIMENSIONS 17' X 105') S.B.L. 4 100.73-2-11.1 0 GRAPE,(CITY OWNED-VACANT LOT, DIMENSIONS 17' X 105') S.B.L. # 100.73-2-11.2 The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lots at 0 Grape Street, Buffalo, New York 14204, parcels being 17' x 105' each in dimension; and it has been determined that these parcels are inappropriate for either the construction of new housing or needed for public purposes. Ms. Joyce A. Darden residing at 276 Grape Street indicated that she will clean, improve and maintain the lots in the event that she obtains title to these properties under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no propert3 code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lots to be designated as Homestead Properties and be transferred to Ms. Joyce Darden on the condition that the properties are 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 357 HERMAN (CITY OWNED-VACANT LOT, DIMENSIONS 33' X 141') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 357 Herman Street, Buffalo, New York 14211, parcel is 33' x 141' 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. Alfonso L. Hayes residing at 359 Herman Street 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 Page 14 01-1002-ss1005.txt be designated as a Homestead Property and be transferred to Mr. Alfonso Hayes 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 509SHERMAN (CITY OWNED-VACANT LOT, DIMENSIONS 28'X 132') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 509 Sherman Street, Buffalo, New York 14211, parcel is 28' x 132' in dimension; and it has been determine that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Ms. Latotsha Carrington residing at 505 Sherman Street indicated that she will clean, improve an 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. Latotsha Carrington 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 FROM THE COMPTROLLER No. 26 Audit & Control In accordance with Sec. 7-5 of the City Charter, I hereby submit to this Honorable Body the Annual Audit Plan. The Division of Audit, as the auditing body of the Department of Audit and Control, conducted various audits of the departments of city government. Those submitted to the Council during 2000-2001 Included: Department of Permits, Licenses and Inspections; Division of Permits - Revenues Department of Permits, Licenses and Inspections; Division of Licenses - Revenues Department of Assessment and Taxation, Payment in Lieu of Taxes (PILOT) Agreements - Revenue Department of Public Works, Streets, and Parks; Division of Engineering, Marina Lease 2000 Season Department of Public Works, Streets, and Parks; Division of Engineering, Marina Revenues 1997-2000 Department of Public Works, Streets, and Parks; Division of Telecommunication, Utilities and Franchises, Public Access TV Office of Strategic Planning, Division of Real Estate, In-Rem Sales Buffalo Neighborhood Revitalization Corporation (BNRC), Consulting Contract with Stuart Alexander In addition, the Division of Audit conducted performance-type reviews of several functions of city government, focusing not on the creation of compliance based audit reports but rather conducting reviews of the efficiency and process. Some of these performance-type Page 15 01-1002-ss1005.txt reviews include: Department of Public Works, Streets, and Parks Division of Sanitation, Pick & Pay Program, Internal Controls Department of Administration and Finance. Division of Collections, Demolition funds, Internal Controls Department of Public Works, Streets, and Parks; Division of Buildings, inventory of leases in City Buildings In the coming months of 2001-2002, the Division of Audit has planned to perform compliance-type audits of the following departments, activities, or functions: Department of Fire Department of Administration and Finance Board of Education As well. the Division of Audit will continue to conduct performance-type reviews of functions with the intent of maximizing the efficiency of the process and activities within the following areas: Buffalo Common Council/City Clerk Department of Public Works, Streets, and Parks Buffalo Economic Renaissance Corporation (BERC) Buffalo Neighborhood Revitalization Corporation (BNRC) RECEIVED AND FILED NO. 27 INTERFUND LOANS, CITY'S CASH POSITION As you are all aware, last year I established a Capital Budget/Debt Management Policy to establish guidelines for debt management. The objectives, as I stated at the time, are to minimize the cost of future debt and maximize and maintain the city's access to the debt markets at the lowest possible cost. The debt policy recognizes the city's obligation for the timely repayment of all debt which is an intrinsic requirement for continued entry into the capital markets. With that in mind, it is my duty as City Comptroller to advise you on the use of interfund loans for capital purposes and the issuance of bond anticipation notes as an alternative to interfund loans. As I have advised the mayor and the council leadership over the last several days, at the present time we are confronting a very serious financial challenge as reflected in the deterioration of the city's cash position. For example, the unreserved, unencumbered beginning cash position for fiscal years 1999-2001 averaged $44.3 million. For the current fiscal year, 2002, this number fell to $1 million. Further, the ending cash position for the current 2002 fiscal year was projected three months ago at the time of the sale of the revenue anticipation notes to be approximately $3 million. That's still a razor thin amount on the base of combined city and Board of Education General Funds' cash receipts of well over $1 billion for the year. The problematic drop in cash should be viewed from the perspective that the city is currently rated in the lowest investment grade category by both nationally recognized rating agencies. There are a number of explanations for the substantial decline in the city's positive cash position. They include but are not limited to the following: The utilization of cash reserves from the Board of Education for the teachers' settlement. Adjustments in the timing and application of state aid. Use of city General Fund monies to assist non-General Fund purposes, such as the Buffalo Municipal Water Finance Authority, the Stadium Enterprise Fund, the Solid Waste Fund. I would also like to note that, for the current fiscal year, there is continuing uncertainty about the time and size of state aid, and that situation is even less clear today In the wake of the Page 16 01-1002-ss1005.txt catastrophic events of last week in our state and nation. The narrow level of the city's cash position this year aggravates these state aid uncertainties. At the time of the issuance of the fiscal 2002 revenue anticipation notes, discussions were held between city representatives and officials at Moody's Investors Service and Standard & Poor's Corporation. Rating analysts voiced meaningful concerns at the huge decline in the city's cash position. In addition, the city's financial advisor and members of my staff had numerous communications with major institutional investors, who were also disturbed at the city's very Darrow levels of operating cash. Given our current state, I believe the city should not incur any outflows of cash not contemplated in the cash flow utilized as part of the 2002 revenue anticipation note issuance. Such additional outflows could turn the ending cash negative and impede the city's ability to pay its note obligations on time and in full on June 27, 2002. In addition, I do not believe that the issuance of bond anticipation notes at this time is a wise or prudent course. If we sell such notes and see our credit rating fall below investment grade because of our cash flow difficulties, there would be no immediate ability to repay the bond anticipation notes through the issuance of long-term bonds. Moreover, there would be no identifiable source of repayment for those notes --- thus increasing the dangers and severity of the city's financial and cash flow plight. Make no mistake, we are facing a serious challenge and we must work together to deal successfully with this challenge. We have a debt management policy in place that will help us live within our means and still provide the resources to move our city forward, and I intend to process the nearly $3.9 million in interfund loans identified as priorities. I look forward to working with all of you in the weeks and months ahead as well as with the administration of Mayor Masiello in dealing with the issues we face together as a city. REFERRED TO THE COMMITTEE ON BUDGET FROM THE PRESIDENT OF THE COUNCIL NO. 28 CONSOLIDATED PLAN PROCESS/ APPLICATION (CDBG PROGRAM) The Office of Strategic Planning is submitting the following documents for your review. Brief description August 1, 2001 commenced the 2002-2003 (Year 28) Consolidated Plan Process (CDBG Program) The following attachments provide the following.. Announcement made in local newspapers (Buffalo News, Panorama Hispano, Buffalo Challenger ) and soon to be on the City's web site. Handbook/Application that has been redesigned to better address the various inquiries/submissions. Important scheduling dates required in implementing the commencement process. List of organizations/individuals that have recently received the Year 28 Handbook. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 29 PEER REVIEW OF NEW YORK STATE'S HEALTH Page 17 01-1002-ss1005.txt CONSUTAION IN HICKORY WOODS RESIDENTIAL AREA FUNDING AMOUNT $76,00 FUNDING SOURCE Account #27-40202 Submitted to the Agency Members, for approval, is a request in the amount of $76,000. The funding is to cover the cost of five member independent peer review of New York State's Health Consultation for the Hickory Woods neighborhood. An outline of the wok to be performed is attached. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 30 CONCERNS REPAVING PECKMAN ST. Thank you and your office staff for the assistance of getting my (2) questions concerning Repavement of streets on the East Side addressed in the Common Council Meeting 9/4/01. Dan Cruz was quick to defend that streets in the Ellicott Dist. were repaved. (The listing of streets, Councilwoman Williams Ofc. Will hopefully forward to me soon.) My main question of WHEN WILL PECKMAN ST. (Between Spring & Mortimer) be repaved was Never answered by Cruz or Miller-Williams. REFERRED TO THE COMMITTEE ON FINANCE NO. 31 Consultant Services Agreement - Emslie Planning Study FUNDING AMOUNT: $35,000 FUNDING SOURCE: 27-50700 The Office of Strategic Planning has reviewed the item described below and finds it consistent with its policies and practices. I, therefore, recommend its passage contingent upon certification of funds by Financial Control of Agencies and approval by Agency Counsel. BRIEF DESCRIPTION: This is a request to enter into a contract with The Research Foundation of the State University of New York, a non-profit, educational corporation acting on behalf of the University of Buffalo. The City of Buffalo, along with the SUNY Buffalo Department of Planning has announced a joint commitment to assist the Good Neighbors Planning Alliance to revitalize the Emslie neighborhood located in the Ellicott Planning District. The Emslie Neighborhood will be the primary focus of this planning effort. The intent is to produce a "model" of neighborhood revitalization, which could be broadly applied to the other neighborhoods in the Ellicott Planning Community and neighborhoods with similar characteristics within the city at large. A scope of services is attached for your review. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 32 Consultant Services Agreement - Fruitbelt Planning Study - Phase 2 FUNDING AMOUNT: $35,000 FUNDING SOURCE: 27-50700 The Office of Strategic Planning has reviewed the item described below and finds it consistent with its policies and practices. I, therefore, recommend its passage contingent upon certification of funds by Financial Control of Agencies and approval by Agency Counsel. BRIEF DESCRIPTION: This is a request to enter into a Page 18 01-1002-ss1005.txt contract with The Research Foundation of the State University of New York, a non-profit, educational corporation acting on behalf of the University of Buffalo. This contract will allow the SUNY Buffalo Department of Planning (Center for Urban Studies) in partnership with the Fruitbelt Turning Point Task Force to carry out tasks in Phase 2 of the Fruitbelt Turning Point Neighborhood Development Initiative. A scope of services is attached for your review. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 33 Certificate of Appointment Appointment Effective: September 14, 2001 In the Department of Assessment & Taxation To the Position of Associate Tax Clerk Permanent Appointment at the Maximum: Starting Salary of: $33,374 Cheryl A. Yeates 65 Frontenac Avenue Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 34 Notification Serial #9333 Repeal No Parking on Federal Avenue, west side between a point 135 feet north of Kensington Avenue and the northern dead end NO PARKING -REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Federal Avenue, west side 7a.m. to 7p.m. between a point 135 feet north of Kensington Avenue and the northern dead end This action is being taken at the request of Federal Avenue residents to alleviate on-street parking problems associated with Laidlaw Transportation employees. (see next serial) Notification Serial #9334 Install No Parking on Federal Avenue, east side between Kensington Avenue and northern dead end 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 Page 19 01-1002-ss1005.txt the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto tile following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Federal Avenue, east side 6 a.m. to 6 p.m. between Kensington Avenue Except Saturday and Sunday and northern dead end This action is being taken at the request of Federal Avenue residents to alleviate on-street parking problems associated with Laidlaw Transportation employees. (see previous serial) Notification Serial #9335 Truck Routes - Repeal Niagara Falls Boulevard between Main Street and Kenmore Avenue In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty-five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 2 of Section 40 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: TRUCK ROUTES STREET PORTION OF STREET Niagara Falls Boulevard between Main Street and Kenmore Avenue Notification Serial #9336 Install No Turn on Red Franklin Street, northbound at North Street NO TURNS ON RED - INSTALL In conformity with Section 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 (45) days after the first Council meeting at which they appear on the agenda as an item business. That part of the Subdivision I of Section 38 of Chapter 479 of the Ordinances of the City of Buffalo be supplemented by adding thereto the following: TURNS PROHIBITED FACING STEADY RED S113NAL Vehicles on at Intersection of Effective Period of Time Franklin Street North Street7 A.M. - 4 P.M. traveling northbound southeast comer This action is being taken in order to facilitate the safe crossing of parents and children arriving or departing from the Tapestry Charter School located at 40 North Street at the comer of North Pearl Street. Notification Serial #9337 Install No Turn on Red North Street, westbound at Franklin Street Page 20 01-1002-ss1005.txt NO TURNS ON RED - INSTALL In conformity with Section 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 (45) days after the first Council meeting at which they appear on the agenda as an item business. That part of the Subdivision 1 of Section 38 of Chapter 479 of the Ordinances of the City of Buffalo be supplemented by adding thereto the following: TURNS PROHIBITED FACING STEADY RED SIGNAL Vehicles on at Intersection of Effective Period of Time North Street Franklin Street 7 A.M. - 4 P.M. traveling westbound northeast comer This action is being taken in order to facilitate the safe crossing of parents and children arriving or departing from the Tapestry Charter School located at 40 North Street at the comer of North Pearl Street. Notification Serial #9338 Repeal No Turn on Red Colvin Avenue, southbound at Amherst Street NO TURNS ON RED - REPEAL In conformity with Section 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 (45) days after the first Council meeting at which they appear on the agenda as an item business. That part of the Subdivision I of Section 38 of Chapter 479 of the Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: TURNS PROHIBITED FACING STEADY RED SIGNAL Vehicles on at Intersection of Effective Period of Time Colvin Avenue Amherst Street 7 A.M. - 9 A.M. traveling southbound northwest comer 3 P.M. - 6 P.M. This action is being taken due to unforeseen traffic congestion and safety concerns arising from the previous installation. RECEIVED AND FILED NO. 35 Amend Traffic Ordinances to remove Free Parking for Disabled Item # 33, C.C.P. October 3, 2000 The Committee on Legislation has requested an update on our bid process for in-car parking meters Bids for the purchase of such meters are expected on October 10, 2001. The bids will tell us how soon after the award of contract we can expect delivery. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 36 Report of Bids Buffalo Zoological Gardens Page 21 01-1002-ss1005.txt Main Animal Building I advertised for on August 14, 2001 and received the following sealed formal proposals for the Buffalo Zoological Gardens, Main Animal Building, which were publicly opened and read on September 14, 2001. General Construction Base Bid Deduct Alt #GC-1 Kirst Construction $2,119,493 ($555,000) 7170 Boston State Rd., North Boston, NY 14110 Summit Construction $2,080,000 ($485,000) 6 Lancaster Pkwy., Lancaster, NY 14086 Wilsandra Construction $2,169,000 ($564,000) 300 Camden Ave., Buffalo, NY 14216 Building Solutions $2,099,411 ($427,590) 6091 Seneca St., Elma, NY 14059 Picone Construction $2,224,000 ($5150,000) 8680 Main St., Williamsville, NY 14221 Concept Construction $2,297,000 ($610,000) 2555 Transit Rd., Elma, NY 14059 The Hadala Corporation $2,209,000 $389,000) 325 Grote St., Buffalo, NY 14207 C. Nichter, Inc. $2,037,000 ($215,000) 30 Wildwood Dr., Lancaster, NY 14086 The C. H. Byron Co. $2,565,000 ($475,000) 100 James Ave., Tonawanda, NY 14150 Alternate GC-1: Delete all interior work for Conservation Exhibit. Plumbinq Base Bid Ded uct Alt. P- 1 H & M Plumbing $169,939 ($86,525) 1425 Military Rd., Kenmore, NY 14217 Matthew Kandefer, Inc. $233,233 ($72,500) 2215 Broadway, Buffalo, NY 14212 Alternate P-1: Delete all interior work for Conservation Exhibit. Electrical Base Bid Deduct Alt. E-1 Electrical Service & Systems $280,950 ($107,750) 35 Lee St., Buffalo, NY 14210 Goodwin Electric $275,000 ($94,900) 121 California Dr., Williamsville, NY 14221 Tunney Electric $272,449 ($87,173) 8565 Roll Rd., Clarence Center, NY 14032 Frey Electric $273,000 ($75,000) 100 Pearce Ave., Buffalo, NY 14150 Ferguson Electric $296,400 ($75,000) 333 Ellicott St., Buffalo, NY 14203 Page 22 01-1002-ss1005.txt CIR Electrical Construction $327,900 ($103,000) 2750 Kenmore Ave., Tonawanda, NY 14150 Wittburn Enterprises $457,900 ($161,900) 36 Cypress T., Buffalo, NY 14205 Alternate E-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 the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction: Kirst Construction, Base Bid of $2,119,493, deduct Alt. GC-1 in the amount of $555,000, for a total bid of $1,564,493. Plumbing: H & M Plumbing, Base Bid of $169,939, deduct Alt. P-1 in the amount of $86,525, for a total bid of $83,414. Electrical: Electrical Service Systems Installation, Inc., Base Bid of $280,950, deduct Alt. E-1 in the amount of $107,750, for a total bid of $173,200. Total estimate for this work was $2,000,000.00. 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 September 21, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award contracts for the Buffalo Zoological Gardens, Main Animal Building to the lowest responsible bidders, for General Construction to Kirst Construction, in the base bid amount of $2,119,493, deduct Alt. GC-I in the amount of $555,000, for a total bid of $1,564,493, for Plumbing to H & M Plumbing in the base bid amount of $169,939, deduct Alt. P-1 in the amount of $86,525, for a total bid of $93,414, for Electrical to Electrical Service Systems Installation, Inc. in the base bid amount of $280,950., deduct Alt. E-I in the amount of $107,750, for a total bid of $173,200. Funds for the project are available in the Capital Budget and Erie County has provided finding. Passed. AYES - 12 - NOES - 0 No. 37 Report of Emergency Bids Johnnie B. Wiley Sports Pavilion Sanitary Sewer During the construction of the Johnnie B. Wiley Sports Pavilion Offices the sanitary facilities were connected to what was an inactive sewer. Since the offices are now occupied and winter soon approaching emergency bids were requested and were opened on September 25, 2001 as follows: CONTRACTOR BID W.C. Roberson Plumbing & Const. Corp. $32,434 602 East Delavan Street Buffalo, New York 14211 MKS Plumbing Corp. $34,837 19 Ransier Drive West Seneca, New York 14224 Joseph Corino Plumbing & Heating, Inc. $36, 840 419 Auburn Avenue Page 23 01-1002-ss1005.txt Buffalo, New York 14213 Elmwood Plumbing Inc. No Bid 414 West Ferry Buffalo, New York 14213 Osinski Plumbing No Bid 248 Fillmore Avenue Buffalo, New York 14206 Kipphut & Neumann Co., Inc. No Bid 120 West Tupper Buffalo, New York 14201 Estimate $30,000 We, therefore, request permission of Your Honorable Body to order the sanitary sewer work, on an emergency basis, by W.C. Roberson Plumbing & Construction Corp., 602 East Delavan Street, Buffalo, New York 14211, in the amount of $32,434. Funds for this work are available in MUNIS Account 30022406. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 26, 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 Johnnie B. Wiley Sports Pavilion, sanitary sewer facilities, to W. C. Roberson Plumbing & Construction Corp., the lowest responsible bidder, in the amount of $32,434. Funds for the project are available in MUNIS Account 30022406. Passed. AYES - 12 - NOES - 0 No. 38 Report of Bids Phase III Renovations Friends to the Elderly, Inc. 118 East Utica St. I advertised for on August 21, 2001 and received the following sealed formal proposals for Job #0 136, Phase I I I Renovations, Friends to the Elderly, Inc., 118 East Utica Street, which were publicly opened and read on September 11, 2001. General Construction Base Bid Alt #4 Alt #5 Alt #6 Wilsandra Construction $229,000 $27,800 $2,200 $ 300 300 Camden Ave., Buffalo, NY 14216 C. Nichter, Inc. $277,700 $29,000 $2,400 $1,270 30 Wildwood Dr., Lancaster, NY 14086 The Hadala Corporation $309,000 $36,000 $4,500 $ 600 325 Grote St., Buffalo, NY 14207 The C. H. Byron Co. $324,000 $36,000 $2,400 $1,200 100 James Ave., Tonawanda, NY 14150 Rand & Jones Enterprises $461,825 $32,150 $2,070 $ 550 136 Ellicott Creed Rd., Cheektowaga, NY 14225 Alternate #4 is for additional work in the vestibule. Alternate #5 is for carpet replacement in the lobby/reception area. Alternate #6 is for the purchase of walk-off mats. HVAQ Base Bid Alt #1 Page 24 01-1002-ss1005.txt Alt #2 Argy & Sons $108,900 $1,936 $6,265 574 56hSt., Niagara Falls, NY 14304 W. C. Roberson & Sons $110,950 $2,090 $6,265 602 E. Delavan Ave., Buffalo, NY 14211 Northeast Mechanical $113,700 $3,030 $5,696 137 SawyerAve., Depew, NY 14043 CEMNViemann $131,612 $1,500 $6,550 3385 Bailey Ave., Buffalo, NY 14215 Alternate #1 is for the installation of a cabinet unit heater in the vestibule. Alternate #2 is for the installation of a direct digital control system. Electrical Base Bid Alt #2 Goodwin Electric $ 47,190 $8,690 121 California, Williamsville, NY 14221 Weydman Electric $ 54,584 $9,867 747 Young St., Tonawanda, NY 14150 Electrical Service & Systems $ 67,275 $5,000 35 Lee St., Buffalo, NY 14210 Tunney Electric $ 94,000 $2,500 8565 Roll Rd., Clarence Center, NY 14032 Alternate #2 is for additional electrical work in the vestibule. Plumbing Base Bid Alt #1 Numarco, Inc. $ 38,800 $2,200 1021 Maple Rd., Elma, NY 14059 Ackerman Mechanical $ 39,666 $2,666 401 Lang Blvd., Grand Island, NY 14072 W. C. Roberson & Sons $122,500 $1,900 602 E. Delavan Ave., Buffalo, NY 14211 Alternate #1 is to install a roof drain for the vestibule. I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction: Wilsandra Construction, with a Base Bid of $229,000, add Alternate #4 for $27,800, add Alternate #5 for $2,200, add Alternate #6 for $300, for a total amount of $259,300. HVAC: Argy & Sons, with a Base Bid of $108,900, add Alternate #1 for $1,936, add Alternate #2 for $6,265, for a total amount of $117,101. Electrical: Goodwin Electric, with a Base Bid of $47,190, add Alternate #2 for $8,690, for a total amount of $55,880. Plumbing: Numarco, Inc., with a Base Bid of $38,800, add Alternate #1 for $2,200, for a total amount of $41,000. Total estimate for this work was $500,000.00. 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 30014806 445100 and 30338106 445100 - Page 25 01-1002-ss1005.txt Buildings. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 27, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award contracts for the Phase III Renovations, Friends to the Elderly, Inc. to the lowest responsible bidders, for General Construction to Wilsandra Construction, in the Base Bid amount of $229,000, add Alternate 94 for $27,800, add Alternate #5 for $2,200, add Alternate #6 for $300, for a total bid of $259,300, for ITVAC to Argy & Sons with a Base Bid amount of $108,900, add Alternate #1 for $1,936, add Alternate #2 for $6,265, for a total amount of $117, 10 1, for Electrical to Goodwin Electric, in the Base Bid amount of $47,190, add Alternate #2 for $8,690, for a total bid of $55,880, for Plumbing to Numarco, Inc. in the Base Bid amount of $3 8,800, add Alternate #I for the amount of $2,200, for a total bid of $41,000. Funds for the project are available in 300114806 445100 and 30338106 445 100 - Buildings. Passed. - AYES - 12 - NOES - 0 No. 39 Change in Contract City Hall Common Council Chambers Phase 2 Restoration Interior Stone Work I hereby submit to Your Honorable Body the following changes for the City Hall Common Council Chambers, Phase 2 Restoration, Contract #1 - Interior Stone Work, The Peyton Barlow Co., C #92010416. 1.Clean and lacquer the brass steel nosing on the auditorium steps. Add $7,153.00 The foregoing change results in a net increase in the contract of Seven Thousand One Hundred Fifty Three and 00/100 Dollars ($7,153.00). Summary: Current Contract Amount $ 83,450.00 Amount of This Change Order (#11) Add $ 7,153.00 Revised Contract Amount $ 90,603.00 Costs have been reviewed by the Consulting Architect (Hamilton, Houston, Lownie) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 35320906 445100 -Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 19, 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 The Peyton Barlow Co., an increase in the amount of $7,153.00, as more fully described in the above communication, for work relating to City Hall Common Council Chambers, Phase 2 Restoration, Contract #1 - Interior Stone Work, C #92010416. Funds for this project are available in CPF 35320906 445100 - Division of Buildings. Passed Page 26 01-1002-ss1005.txt AYES - 12 - NOES - 0 No. 40 Change in Contract Machnica Community Center Construction General Construction I hereby submit to Your Honorable Body the following changes for the Machnica Community Center, Construction, General Construction, Summit Construction Group (C #91983800). 1.Install chain link fence in Mechanical Room to provide a safe separation between the electric panel and mechanical equipment. Add $ 1,345.50 The foregoing change results in a net increase in the contract of One Thousand Three Hundred Forty Five and 50/100 Dollars ($1,345.50). Summary: Current Contract Amount $2,839,770.87 Amount of This Change Order (#10) Add $1,345.50 Revised Contract Amount $2,841,116.37 Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini, Tries) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 35321106 445100 -Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 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. 10, to Summit Construction Group, an increase in the amount of $1,345.50, as more fully described in the above communication, for work relating to Machnica Community Center, Construction, General Construction, C #91983800. Funds for this project are available in CPF 35321106 445 100 - Division of Buildings. Passed AYES - 12 - NOES - 0 NO. 41 COB BRIEF SUMMARY 1989-2001 RECORDS MGMT. (C. CLK.) ITEM NO. 79, CCP 06/26/01 In regards to the Council's request for information, we have the following responses: 1.We do not have the expertise or knowledge to comment on possible locations for the proposed records building. The Division of Real Estate should be consulted. 2.A newly constructed 30,000 sf butler style building is estimated to cost $1.8 to $2.0 Million. 3.The building could be configured so that a sprinkler system was not required by code. However, given the volume of combustible material in such a facility, we believe it prudent to include a sprinkler system. Page 27 01-1002-ss1005.txt REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY CLERK NO. 42 EMERGENCY RECONSTRUCTION RIVERSIDE SWIMMING POOL PLUMBING During late July of 2001 the water supply line to the Riverside Park Swimming Pool was determined to be leaking. The Division of Buildings, Mechanical Services Section called Joseph Carino Plumbing & Heating, Inc. out on an emergency basis to replace this 6" diameter supply line. When replaced and tested it was determined that the entire line to the filter pump house needed replacement. This entailed busting out a concrete deck, replacement of 50 feet of 6" ductile iron water main and repouring of the concrete deck after proper backfiil. The total cost of this work, which could not be bid due to the unknown limits of the reconstruction, was $26, 485. We therefore ' request permission to make payment to Joseph Carino Plumbing & Heating, Inc., 419 Auburn Avenue, Buffalo, New York 14213 in the amount of $26,48 for this emergency work required to keep the Riverside Park Swimming Pool open. Funds will be available in the new Citywide Parks and Playgrounds Capital Project Account that is anticipated in the very near future. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 19, 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 Riverside Swimming Pool plumbing, to Joseph Carino Plumbing & Heating, Inc., in the amount of $26,485. Funds for the project are available in the new Citywide Parks and Playgrounds Capital Projects Account. PASSED AYES -12 NOES - 0 NO. 43 FUHRMANN BLVD - NFTA HARBOR BEACH PROJECT #58 CCP OF 9/4/01 This in response to questions asked pertaining to the length of time for the requested easement. It is our assumption that this is more or less a permanent installation with an estimated service life of 10 - 15 years. The wood bollards and railing proposed to be installed will be pressure treated and act as a barrier to prevent motor vehicles from accessing the beach and other pedestrian areas. The NFTA will be responsible for repair and maintenance of this structure. RECEIVED AND FILED NO. 44 PERMISSION TO HIRE ARCHITECT BROADWAY MARKET RENOVATIONS The 1999-2000 Capital Budget authorized $1 million for Broadway Market Renovations. The Market Board of Director have been anxious to move this construction forward. For the Broadway Market to remain a viable attraction for regional consumers, it must be upgraded to keep up with current retail trends. I, therefore, hereby request Permission of Your Honorable Page 28 01-1002-ss1005.txt Body to authorize the Commissioner of Public Works, Parks and Streets to engage the services of an architectural/engineering consultant to develop plans and receive bids for the Broadway Market Renovations. Funds are or will be available in an existing Broadway Market Capital Project Account and the new Capital Project Account for this purpose REFERRED TO THE COMMITTEE ON BUDGET NO. 45 PERMISSION TO HIRE ARCHITECT EMERSON PLAYGROUND SHELTER/CONCESSION The Broadway Fillmore NHS has recently received bids for a new little league football field at Emerson Playground. This $100,000 project is funded under a grant from the National Football League. A condition of the grant is that the City of Buffalo will construct a support facility for the field. I, therefore, hereby request permission of Your Honorable Body to authorize the Commissioner of Public Works, Parks and Streets to engage the services of architectural/engineering consultant to develop plans and receive bids for a new Shelter/Concession at Emerson Playground. The design fees will be -available in a Capital Project Account for this purpose, as will the $250,000 for construction. REFERRED TO THE COMMITTEE ON BUDGET NO. 46 A.R. COLES-CONCERNS NORTH JEFFERSON LIBRARY ITEM # 28, C.C.P. SEPTEMBER 18, 2001 The referenced item was sent to this department for comment. I have not set a bid date for this project because the City does not yet own all of the land needed for the construction. Once the Real Estate Division advises us that the purchase or condemnation of the property is close to being completed, we will schedule the bid. REFERRED TO THE COMMITTEE ON FINANCE NO. 47 REQUEST TO ADVERTISE & RECEIVE BIDS FOR A NEW WATER LINE TO MASSACHUSETTS AVENUE PROJECT Permission is requested from Your Honorable Body to advertise and receive bids for the proposed construction of a new water service to the Massachusetts Avenue Project located at 382 Massachusetts Avenue. Funding for this consultant agreement is available in the Bond Fund Account #30021406 - Massachusetts General Construction. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 21, 2001 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to advertise and receive bids for the proposed construction of a new water service to the Massachusetts Avenue Project located at 382 Massachusetts Avenue. Funding for this consultant agreement is available in the Bond Fund Account #30021406 Massachusetts General Construction. PASSED Page 29 01-1002-ss1005.txt AYES -12 NOES - 0 NO. 48 CERTIFICATE OF APPOINTMENT Appointment Effective September 17, 2001 in the Department of Division of Parks, Public Works, Parks, Streets to the Position of Account Clerk Typist, Temporary Appointment at the maximum Starting Salary of: $ 27,859.00 Nicole Savage, 207 West Ferry, Buffalo, 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 49 CERTIFICATE OF APPOINTMENT Appointment Effective September 18, 2001 in the Department of Public Works, Parks & Streets, Division of Engineering to the Position of Supervisor of Waterway & Bridge Maintenance, Provisional Appointment at the Intermediate $ 35,977 Donald Schieder, 1231 Kensington Ave., Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 50 CERTIFICATE OF APPOINTMENT Appointment Effective September 18, 2001 in the Department ofPublic Works, Parks & Streets, Division of Streets to the Position of Truck Driver (Streets), Permanent Appointment at the Maximum, Starting Salary of $ 28,317 James J. Tronolone, 221 Villa Ave., Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 51 C. FISHER - WAKEFIELD AVENUE RESIDENTS - CONCERNSREQ. INCREASE POLICE PATROLS: 101 CCP JULY 24,2001:] In response to the above item, please be advised a review of departmental crime statistics was conducted in an effort to identify the scope of criminal activity taking place on Wakefield Avenue. There is no question that there is an incessant criminal element that has taken up "residence" on the street. However, it must be noted that in a review of statistics it is clear that the Buffalo Police Department has been tirelessly attempting to address many of the criminal incidents in the area. To date over (50) arrests have been made of "residents" of Wakefield Avenue this year by E-District Officers alone. In addition, the Narcotics Unit has made 25 arrests with 8 Felony indictments for sales to undercover Officers in the area. Despite the law enforcement efforts in the area, it appears that this effort alone is having a minimal impact on the criminal activity on the street. The Department fully realizes that we can not solve this problem alone. It is clear that it is going to take a coordinated effort involving not only the Police and community. Landlords, elected officials, community based organizations, City departments, and the courts must be called to task. A meeting which has been scheduled for Friday, September 21" at the FLARE Community Center to address resident's concerns will include the attendance of Police representatives. It is imperative that other stakeholders be present in order to effectively coordinate a response that will Page 30 01-1002-ss1005.txt be meaningful to the good people of Wakefield Avenue in their battle to save their street. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION NO. 52 INCREASE NUMBER OF K-9S TRAINED TO DETECT EXPLOSIVES:] ITEM 4195, C.C.P. SEPTEMBER 18, 200 1 The department's present deployment of K-9 dogs is two bomb dogs and one drug dog. Within the past month one of our bomb dog handlers retired leaving us with only one until he is replaced on October 9'h. During the week following the September 11 th bombing we had an unprecedented sixteen bomb threats in one week. The remaining K-9 was able to handle all of these calls in a timely manner without a problem. We feel that at the present time we have an adequate number of dogs to address our calls for service. REFERRED TO THE COMMITTEE ON FINANCE NO. 53 CERTIFICATE OF APPOINTMENT Appointment Effective September 17, 2001 in the Department of: Police to the Position of: Legal Secretary, Permanent Appointment at the: Intermediate Starting Salary of $ 30,019 Linda M. Ganci, 158 Anderson Place, Buffalo, New York 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 54 GRANT - EDWARD M. COTTER The Buffalo Fire Department has received a $1,000 grant from the New York State Office of Parks, Recreation and Historic Preservation to complete historic preservation repairs to the Edward M. Cotter Fire Boat. All funds will be utilized to paint the vessel and replace the masserator pump and holding tank for the boats latrine. If you have any further questions, please feel free to contact me. Thank you. RECEIVED AND FILED NO. 55 GRANT - FITNESS PROGRAM The Buffalo Fire Department has received a $221,000 grant from the Federal Emergency Management Agency (FEMA). These funds will be used to fund a pilot fitness program for the City of Buffalo's Firefighters. All funds will be utilized to implement and support the program. If you have any further questions, please feel free to contact me. RECEIVED AND FILED FROM THE CORPORATION COUNSEL NO. 56 CHANGE OF STATUS CERTIFICATE OF APPOINTMENT Appointment Effective: 9/20/2001 in the Department of Law to the Position of Assistant Corporation Counsel II, Permanent Page 31 01-1002-ss1005.txt Appointment at the Intermediate Salary of $ 62,776 Richard E. Stanton, 746 Amherst Street,Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 57 CHANGE OF STATUS CERTIFICATE OF APPOINTMENT Appointment Effective: 9/20/2001 in the Department of Law to the Position Of Typist, Permanent Appointment at the maximum Starting Linda S. Kowalski, 44 University, Buffalo, New York 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 58 USED CAR DEALER 81 DINGENS 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 81 Dingens and rind 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 find complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Alvino Battistoni. The attached thereto for Alvino Battistoni d/b/a Battistoir Enterprises LLC. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 59 "E. WELLS-KALEIDA HEALTH-REQ. ADDRESS ISSUE HMO REIMBURSEMENT RATES" ITEM NO. 149, CCP 09/04/01 Although the City of Buffalo spends tens of millions of dollars on active and retiree medical benefits, we spend less than the national average for our level of HMO coverage. This is at least partially due to the fact that our local HMO reimbursement rates to providers are far below the national average. Since the majority of our City-paid medical coverage is placed with the three local HMO's, it would not be in the City's financial interest to support increased reimbursement rates to the providers. These costs would be passed along to the City in the form of increased premiums. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 60 EMERGENCY SERVICES FIRE DISPATCHER (CP) ITEM NO. 40, CCP 05/29/01 Per your request, I have reviewed the correspondence from Commissioner Keane. Th City of Buffalo and Local 264, AFSCME negotiated an Agreement relative to the terms an conditions regarding the work schedule for Civilian Dispatchers in the Buffalo Fire Department [See attachment.] There has been no request from Local 264 to re-negotiate said Agreement wit the City and the Buffalo Fire Department. REFERRED TO THE COMMITTEE ON CIVIL SERVICE Page 32 01-1002-ss1005.txt FROM THE BOARD OF EDUCATION NO. 61 A. HARRIS-GRIEVANCE AGAINST J. ERVOLINO" ITEM NO. #136, C.C.P. SEPTEMBER 4, 2001 Item #136, C.C.P. September 4, 2001, "A. Harris-Grievance Against J. Ervolino" The matter of Item #136, C.C.P. dated September 4, 2001 concerning Estella Harris (a.k.a. Akua Kamau) has been addressed. Ms. Harris' grievance referenced in your correspondence has been resolved and lost wages resulting from this matter are in the process of being paid. Related to hiring please note that Adult Education Teachers are rehired. based on length of service and student enrollment. Given this information it is not unusual to hire Adult Learning Center Teachers after the beginning of the school year. In the case of Estella Harris, she has been rehired effective September 24, 2001. The Adult Education Program operating within the District has been and will continue to be a viable option for adults seeking to further their education. RECEIVED AND FILED FROM THE BUFFALO SEWER AUTHORITY NO. 62 APPT CITY CLERK AS OFFICER OF BSA RECORDS Dear Mr. Michaux: Enclosed you will find a copy of Buffalo Sewer Authority Board item No. 6, September 12, 2001. This resolution appoints you as the official Officer of Buffalo Sewer Authority Records. We look forward to working with you in our reorganization efforts. RECEIVED AND FILED NO. 63 CODE OF ETHICS ANNUAL DISCLOSURE FORM Enclosed you will find a copy of Buffalo Sewer Authority Board Item No. 3, September 12, 2001. This resolution once again approves the use of the City of Buffalo's Code of Ethics and Annual Disclosure Form. We will distribute this form to employees this week. Please allow ample time for employees to return these forms to the Board of Ethics. Thank you very much. Very truly yours, RECEIVED AND FILED NO. 64 STORM WATER MGMT MODEL The Committee on Finance has requested an update from the Buffalo Sewer Authority regarding the progress of the Storm Water Management Model. Currently, the project has increased in scope to include discussions with Erie County. These discussions include approaching sewage management from a regional perspective. The Buffalo Sewer Authority has no additional information for your Body-, we will forward information as soon as it is made available. REFERRED TO THE COMMITTEE ON FINANCE Page 33 01-1002-ss1005.txt FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 65 C. CHAPMAN - REVIEW COMPLAINTS - BMHA (ITEM #64, CCP, SEPTEMBER 18, 2001) Attached is a copy of a letter dated August 29, 2001 to Charles Chapman from Gillian D. Brown, General Counsel of Buffalo Municipal Housing Authority in response to your letter dated September 20, 2001 with respect to the above matter. Accordingly, please file this with the Common Council by 2:00 p.m. on/or before September 27, 200 1. Thank you for your assistance in this matter. I am in receipt of a letter from you to Executive Director Sharon M. 'Nest dated August 13, 2001. I am responding to same on behalf of Ms. West. Let me say at the outset that I believe that you are uniquely unqualified to bring internal disciplinary matters to my attention for several reasons. First, you are no longer employed by the Housing Authority, and all of your information, such as it is, is of necessity second- or third-hand. Second, you know well that the disciplinary process here at the Buffalo Municipal Housing Authority is governed by both Civil Service Law and the respective Collective Bargaining Agreements in place between the Authority and the various Unions. You yourself reaped the benefits of the many safeguards and protections built into your own Collective Bargaining Agreement and were allowed to resign from your position and avoid the embarrassment and consequences of' a full hearing on your various offenses. I will not discuss other employees' disciplinary records or charges with you, or with anyone else for that matter, absent a release from the employee in question. However, as to your various allegations concerning your own case[s], I will say the following: 1. If, as seems clear from your letter, you are now alleging that someone planted stolen B.M.H.A. property in your wife's garage, you certainly had every opportunity to assert that defense, and any other, during the disciplinary proceeding which you elected not to have by retiring. 2. Further, your statements directly contradict statements made by your wife that the property had been in her house for some period of time, and were not "discovered" suddenly. 3. I Finally, you know well that there was property other than "two two-way radios and a charger" found in your wife's house. There was a gas grill, which you have at various times stated was loaned to you, was thrown out by the Authority or did not even belong to the Authority. There were also a large number of keys, key blanks, lock cores and core pullers, which neither you nor your wife had any reason to have. 4. You voluntarily took early retirement, avoided the risk of a hearing and its possible consequences, and were ably represented at various times by an attorney whom you retained, and the attorney retained by the Union. You chose to forgo a hearing at which the Authority would have had the burden of proving that you were guilty of the charges against you by a preponderance of the evidence. To now begin a letter-writing campaign to give your departure the look of a forced retirement is very disingenuous. As to your allegations concerning a "constant pattern of discrimination against white employees" I will say again that Page 34 01-1002-ss1005.txt we will not discuss with you the individual facts or circumstances of other employees' disciplinary matters. I will say that each file is handled on its own merits, and that each case is different. While you may think, based on your second-hand information from various disgruntled current and former employees, that two identical cases were treated in disparate ways, I can assure you that there are no two identical cases. Further, I would think that if there were indeed such a "constant pattern there would have been more than one lawsuit complaining of racial discrimination filed in more than six years. Finally, I have also received copies of complaints which you have sent to the Washington office of the US Department of Housing and Urban Development's Inspector General. Based on your insistence that your complaints not be referred to the local office, I must assume that that office has already heard your allegations and found them unworthy of investigation. Nonetheless, I must point out that once again, your secondhand information concerning 476 Louisiana Street is completely incorrect. The Buffalo Municipal Housing Authority does indeed still own the building and is in the process of doing work on the building so that it may be used by more than one department. It had not been "abandoned" when we purchased it; it was vacant (there is a significant difference, I think). "The Directors" did not bypass any department, nor did any of "the directors" do the work themselves. Had there been the sort of gross inequity in assignment of overtime, I have no doubt that the Authority would have lost a grievance on the issue. Finally, there is absolutely no truth to your allegation that the building is 61now to be sold to a friend of Sharon West for a low sum of money and then the building will be leased back at an inflated rent." You received every benefit of the doubt which could have been afforded to you during your situation. We did not solicit the phone calls we received from your wife, nor did we encourage her to find stolen property in her home. We did not ask her to make the statements she made, which, as you are well aware, encompassed a great many more allegations of misconduct on your part than we ever addressed. We have held to our end of the "bargain" we struck with you, and did not file criminal charges concerning the keys. I have no explanation as to why you persist in blaming your own misconduct on others, but I can say that Ms. West and the Housing Authority categorically deny your allegations concerning racial discrimination, inequity in the disciplinary process and impropriety in the sale or rehabilitation of 476 Louisiana Street. REFERRED TO THE COMMITTEE ON CITIZEN RIGHTS AND COMMUNITY SERVICES NO. 66 LAKEVIEW HOMES HOPE VI REVISED REVIT PLAN This is in response to your August 24th letter regarding Lakeview Homes - HOPE VI Revised Revitalization Plan. Enclosed you will find responses to your questions prepared by Roiznlan Development, Inc.. (Exhibit A) and Erie Regional Housing Development Corporation (Exhibit B). Also included is information on Section 3 workforce placement (Exhibit C) and M/WBE and Section 3 business participation (Exhibit D). In addition, the current status of relocation plans for Lakeview residents are as follows: Page 35 01-1002-ss1005.txt 234families currently living in Lakeview 16Lakeview residents already moved into Phase I units 0Phase I units completed and vacant 2 0 5Lakeview residents completed applications for Phase I and 11 2 7Lakeview residents transferring to other BMHA units 16Lakeview residents taking Section 8 25Lakeview residents who still have not indicated a choice yet Residents are being offered the following options for relocation compensation: Hope VI Phase I units - movers being paid by Roizman Development with $50.00 for other expenses Moving to other BMHA units or Section be given-cash payment or BMHA will pay for mover. This includes relocation of cable and phone service (Exhibit E). Residents staying at Lakeview during Phase 11 construction who will be temporarily relocated to another unit will be moved by a mover paid by BMHA. This will include relocation of cable and phone service. Residents who stay in Phase 11 units will be moved by Roizman Development with $50.00 for other expenses. In response to your issue regarding potential rehabilitation of existing units, the Hope VI grant application submitted to HUD by BMHA include rehabilitation of 112 units into 100 units. After BMHA was awarded the grant, the NYDHCR indicated they did not want to provide tax credits to the project if it included rehabbed units. After consultation on this issue, HUD wrote us a letter urging total demolition of the site. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 67 BERC BERC MICRO AND SMALL BUSINESS LOAN PROGRAMS - ACTIVITY REPORT COUNCIL COMMUNICATION DATED SEPTEMBER 14,2001 -FOLLOW-UP TO ITEM #142 C.C.P FEBRUARY 20, 2001 From January 1, 2001 to September 25, 2001 BERC approved twenty one (2 1) Micro Loans. Of those twenty one (2 1) loans, ten (10) or forty three percent (48%) were to minority firms. 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. 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 CD'BG ftmds was allocated to the commercial and industrial ($3 80,000 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 NO. 68 Page 36 01-1002-ss1005.txt $500,000 UDAG FOR THE TOPS SUPERMARKET, JEFFERSON AND RILEY PROJECT Permission is requested of your Honorable Body to utilize $500,000.00 of Urban Development Action Grant ("UDAG") funds for the following activity. A $500,000.00 UDAG to construct a new 29,000 sq. ft. supermarket at Jefferson and Riley. The term will be for a ten (10) year period, at a fixed interest rate of 0%, and be non-amortizing subject to the following terms and conditions: For the period of ten (10) years after commencement of the Permanent Term, Tops Market shall pay to BERC annually in each year on a date which is not more than 90 calendar days following the end of the company's operation year for the Project, an amount equal to fifty percent (50%) of the net annual cash flow after deduction of a fifteen percent (15%) noncumulative annual cash on cash return to Top's on verifiable cash equity investment in the Project of not less than $5,490,000. If the return on investment to Top's in any year is lower than fifteen (15) percent, no payment will be necessary. As a direct inducement to Top's to construct and operate the Market for a period of at least ten (10) years after the projects construction, the City of Buffalo will write-off $50,000 of the UDAG beginning on the first (F~ anniversary of the loan and each subsequent year thereafter for a period of ten (10) years. At any time during the ten (10) year ten of the UDAG if there is any disposition of the Project in whole or in part that results in the sale, partial sale, transfer of ownership 3 other than to an internal transfer to an Ahold related entity of the project to an entity that is not a major supermarket chain approved by the City of Buffalo, the outstanding principle amount of the UDAG that is not written-off shall immediately become due and payable. The UDAG together with other public funding and equity will finance the acquisition of the land, the demolition of existing housing and the construction thereon of a new Tops Supermarket of approximately 29,000 sq. ft. The proposed building will consist of one floor, aground floor of which approximately 24,000 sq.ft. will be used for retail and approximately 5,000 sq. ft. will be used for loading docks and stock room. The ground floor will also have an entry vestibule, customer service counter, bottle return and customer restrooms. The project will also provide on site parking for 120 cars. A summary description of the project is attached herewith. PROJECT SUMMARY TOPS SUPERMARKET JEFFERSON& RILEY Brief History of Tops Markets, Inc. Tops Markets, LLC ("Tops"), is a Williamsville, NY based supermarket chain. Topsownsand operates over 147 Tops supermarkets in the state of New York, Ohio and PA, and over 240 Wilson Farms and Sugar Creek convenience stores in NYS. Tops has been in business since 1959, and has been a subsidiary of Royal Ahold (the large Dutch food company) since 199 1. Tops Markets had annual sales in 2000 in excess of $3 billion. Purpose of the Financing The $500,000 UDAG will be leveraged with a $500,000 grant from the County of Erie, a $500,000 Capital Grant from the NYS Empire State Development Corporation, certain Empire Zone benefits (the "Public Resources"), and equity from Page 37 01-1002-ss1005.txt Tops of up to $5,490,340 ("Tops Equity"). The assemblage of Public Resources and Tops Equity will provide the funds to construct a new 29,000 sq. ft. Tops supermarket. The construction and development of the Project is absolutely conditioned upon the receipt of the $500,OOOUDAG Loan. Tops has committed to spend up to $5,490,340 for the construction of the Project. Tops Parent Corporation, Royal Ahold of the Netherlands, will fund this amount for Tops as they do for all Royal Ahold subsidiaries. Royal Ahold, however, only funds projects that have at least an IRR of 15% or more. Therefore, the $500,000 is necessary to fill the gaps, which if not filled, will prevent the Project from proceeding. Urban store expenses are higher than suburban store expenses. In Particular, Urbanstores generally experience, on average, the following expenses (expressed as a percentage of total sales) that differ from a typical suburban store: ExpensesUrban StoreV. Suburban Store Shrink Expense3.36%2.82% Labor Expense17.00%13.45% Bad Check Expense0.42% 0.04% Security Expense0.75%0.08% Misc. Expense0.66%0.62% Occupancy Expense4.14% 3.00% The costs of the project are outlined below: SOURCES AND USES OF FUNDS USE OF FUNDSSOURCES OF FUNDS UDAG STATECOUNTY TOPS Engineering Equipment$ 130,000 Construction Soft Costs500,962 Demolition100,000 Site Work1,315,898 Environmental50,000 Hard Construction Costs2, 122,400 Special Foundations 931,064 Winter Conditions30,000 Equipment& Fixtures $ 500,000 $ 500,000 $ 500,000 40,400 Equipment Installation195,000 Equipment Soft Costs74,616 Total$ 500,000 $ 500,000 $ 500,000 $5,490,340 The new Tops Supermarket will offer its customers the following services/products: bill paying, check cashing, ATM, lottery tickets, ticket box office, fresh produce, meat, seafood, carryout/prepared foods, grocery, health and beauty care products, and general merchandise to meet the needs of this very low income community that has been deprived of such amenities for the past fifteen years. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY CLERK NO. 69 MINUTES OF THE BOARD OF ETHICS MEETINGS Page 38 01-1002-ss1005.txt Attached please find the minutes of the July 10, 2001 and August 14, 2001 Board of Ethics Meetings. RECEIVED AND FILED NO. 70 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. AddressBusiness NameOwner's Name 775 Perry Str775 Perry streetKathleen Hale 1270 Clinton Street Reily's Peek InnHerbert banks 391 Washington 391 Washington Joseph J. Silvaroli 488 Minnesota Ave Mary Wadood Same 220 Franklin Street 220 Franklin Street Same RECEIVED AND FILED NO. 71 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-John A. Loughran X Police-Robin A. BridgesCharles L. Loubert Linda M. Ganci, Cindi Diem x Community Services- Gail A. Marino RECEIVED AND FILED NO. 72 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 Buffalo Sewer Authority X City Planning Board RECEIVED AND FILED. NO. 73 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mrs. LoTempio moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment Effective: September 25, 2001 in the Department of COMMON COUNCIL Division of to the Position of INTERN VI, SEASONAL, NON-COMPETITIVE at the FLAT Starting Salary of $10.00/HR Gwendolyn A. Taylor, 476 Clinton Street, BUFFALO, NY 14204 Appointment Effective: September 17, 2001 in the Department of COMMON COUNCIL to the Position of INTERN IV, SEASONAL, NON-COMPETITIVE at the FLAT Starting Salary of: $6.00/HR John F. Fracos, 21 Peoria Street, BUFFALO NY 14207 NO. 74 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various Page 39 01-1002-ss1005.txt departments. RECEIVED AND FILED. Appointment Effective: September 17, 2001 in the Department of Community Services, Division of Senior Services to the Position of Senior Citizen Aide, Seasonal Non-Competitive, at the minimum Starting Salary of $8.15 per hour Elizabeth Pieri, 90 Virgil Avenue, Buffalo, New York 14216 Appointment Effective September 18, 2001 in the Department of Public Works, Parks & Streets, Division of Engineering to the Position of Clerk, SeasonalAppointment at the Flat Starting Salary of: $ 8.00 Diane Carmichael, 193 O'Connell Avenue, Buffalo 14210 Appointment Effective: October 1, 2001 in the Department of Public Works, Parks and Streets, Division of streets to the Position of Seasonal Laborer II, Seasonal Starting Salary of $8.15 Sean D. Milligan, 80 Alsace Avenue, Buffalo, NY 14220 Appointment Effective: September 25, 2001 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II, Seasonal, Non-Competitive at the Flat Starting Salary of: $ 8.15/ hr Nathan Hall, 592 Clinton St., Buffalo, NY 14210 John Hemphill, 139 Wright Avenue, Buffalo, NY 14215 Ernest Riley, Jr., 692 Northampton, Buffalo, NY 14211 Ronald J. White, 79 Flower Street, Buffalo, NY 14214 Appointment Effective: September 20, 2001 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II, Seasonal, Non-Competitive at the Flat Starting Salary of: $8.15 Samuel T. Campbell, 110 West Avenue, Buffalo, NY 14201 Appointment Effective September 18, 2001 in the Department of Public Works, Parks and Streets, Division of Streets to the Position ofSeasonal Laborer II, Seasonal, Non-Competitive at the Flat Starting Salary of: $8.15/hr Anthony Porter, 240 Niagara St. Apt. 103 Buffalo, NY 14201 Andrew Smolkovich, Jr., 422 Huntington Ave, Buffalo, NY 14214 Terrence J. Sullivan, 331 Woodside Ave, Buffalo, NY 14220 Appointment Effective September 18, 2001 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Laborer II Seasonal Non-Competitive at the Flat Starting Salary of: $8.15 Russell V. Mascari, 220 Geary Street, Buffalo 14210 Appointment Effective September 17,2001 in the Department ofPublic Works, Parks, Streets, Division of Recreation to the Position ofrink Attendant, seasonal Non competitive at the Flat Starting Salary of: $ 5.15 Jason Banas, 228 Esser, Buffalo 14207 Lyudmila Gladky, 19 West Lane, Buffalo 14207 Joseph McMahon, 139 Hartwell, Buffalo 14216 Appointment Effective October 1, 2001 in the Department ofPublic Works, Parks, Streets, Division of Recreation to the Position of Swimming Pool Attendant at the: Flat Starting Salary of: $ 5.15 Page 40 01-1002-ss1005.txt Nicholas Sterlace, 41 Kimberely, Buffalo 14220 Appointment Effective: September 17, 2001 in the Department of public Works/ Parks, Streets, Division of Recreation to the Position of Swimming Pool Attendant, Seasonal Non competive at the Flat Starting Salary of $ 5.15 Jenell McEwen, 93 Gatchell, Buffalo 14212 Nathan Neuman, 68 Shoreham, Buffalo 14216 Joseph Sanfilippo, 222 Davey, Buffalo 14206 NO. 75 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. Appointment Effective: October 15, 2001 in the Department of Audit and Control, Division of Accounting to the Position of Junior Data Control Clerk Permanent Appointment at the Minimum Starting Salary of $24,440 Christina M. Rodriguez, 214 Oxford Avenue, Buffalo NY 14209 Appointment Effectiv: September 24, 2001 in the Department of Audit and Control, Division of Accounting to the Position of Data Control Clerk Permanent Appointment at the Minimum Starting Salary of $26,316 Richele Cargile, 138 East Utica Street, Buffalo, NY 14209 Appointment Effective: September 17, 2001 in the Department of: Administration & Finance, Division of Inventory & Stores to the Position of Tire Mechanic, Permanent Non-Competitive at the Minimum Starting Salary of $25,793 Paul E. Kelley, 131 Choate Ave., Buffalo NY 14220 Appointment Effective: September 24, 2001 in the Department of Human Resources, Division of Compensation & Benefits to the Position of Workers Compensation Analyst Temporary Appointment at the Minimum starting salary of $ 32,200 Nora M. Hrycych, 237 Wellington Rd., Buffalo, NY 14216 Appointment Effective September 17, 2001 in the Department of: Police to the Position of Crossing Guard, Temporary, Non-Competitive at the Minimum Starting Salary of $ 7.09 Barbara O'Hara, 45 Juniata Pl., Buffalo, NY 14210 Michelle Morgan, 22 Sussex Ct., Buffalo, NY 14204 Appointment Effective September 24,2001 in the Department of Public Works, Parks, Streets, Division of Recreation to the Position of Community Recreation Aide, Permanent Appointment at the Minimum Starting Salary of: $ 27,245.00 James Sumbrum 205 Marine Drive, Buffalo 14202 Appointment Effective: September 18, 2001 in the Department of Public Works, Parks & Streets to the Position of Laborer II, Permanent, Non-Competitive at the Minimum Starting Salary of: $ 24,336 Dino L. Palumbo, 331 Davey Street, Buffalo 14206 Appointment Effective: October 1,2001 in the Department of Public Works , Parks , Recreation, Division of Recreation Page 41 01-1002-ss1005.txt to the Position of Refrigeration Plant Engineer, Temporary Appointment at the Starting Salary of $6.91/hr Mark Blake, 158 Dundee, Buffalo 14220 Vincent Miranda, 130 Ridgewood, Buffalo 14220 Mark Scanlon, 17 Choate, Buffalo, 14220 Michael Schieber, 168 Dundee, Buffalo, 14220 Appointment Effective: October 1,2001 in the Department of public works, Parks, Streets, Division of Recreation to the Position of Special Service Instructor I, Temporary Appointment at the Flat Starting Salary of $ 6.75/hr Lyndell Lipscomb, 56 Fosdick, Buffalo 14209 Appointment Effective September 17,2001 in the Department of Public Works Parks, Streeets to the Position of Special Service Instructor I Temporary (as req,) at the:Flat Starting Salary of: $ 6.75 Rebecca Nieves,, 239 15th Street, Buffalo, NY 14213 Nicholas Wager, 412 Schiller, Buffalo, NY 14212 Appointment Effective October 1,2001 in the Department of Public Works, Parks, Streets, Division of Recreation to the Position of supervising Lifeguard, Temporary (as req) Appointment at the Starting Salary of $6.50 Kyle Johnson, 69 Naragansett, Buffalo 14220 Jeffrey Logal, 55 Virgil, Buffalo 14216 Appointment Effective September 17,2001in the Department of Public Works/ Parks, Recreation, Division of Recreation to the Position of Supervising Lifeguard Temporary (as required) appointment at the Flat Starting Salary of $ 6.50/hr Jamie Ziolkowski, 287 Choate,Buffalo 14220 Danielle Steele, 24 Eden, Buffalo 14220 Appointment Effective: 10/1/01in the Department of 49-Stadium & Auditorium Division of I-Dunn Tire Park to the Position of Senior First Class Stationary Engineer Temporary Appointment at the Flat Starting Salary of: 10.25 Gerald Lewandowski, 173 Eden Street, Buffalo, 14220 James Delmont, 106 Hartwell Road, Buffalo, 14216 Matthew Kwietniewski, 141 Kenefick Avenue, Buffalo, 14220 John LoTempio, 57 Wilbury Place, Buffalo, 14216 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS No. 76 K. BAKOWSKI, AGENT, USE 1000 MAIN ST. FOR A SIGN. The attached application is for an unrestricted use for a Ground Sign for 1000 Main Street. According to the Assistant Corporation Counsel, Mr. D. McPherson, it requires Council Approval but not a public hearing. PASSED AYES - 12 - NOES - 0 NO. 77 Lots-44 & 46 Riley St.-Cash Realty for Pkg Lot (#70 C.C.P. Sept. 19, 2001) In reference to your letter dated September 19, 2001, this is to advise that we own the referenced properties. The appropriate deeds have been filed and we pay the taxes. Page 42 01-1002-ss1005.txt These properties are available for sale, should the City of Buffalo or a neighbor care to purchase them. I can be reached at 633-2274 to further discuss this matter or if you have any questions. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 78 REQUEST PLAYGROUND ON ROHE ST. When a petition for closing Rohe Street between Brinkman and Sumner to create a playground for our children was passed around, the residents were very excited. Our children have no place to play and are forced to play in the street, which you know is very dangerous, We have A problem on Brinkman with speeding cars and will be a matter of time before one or more of our children are hurt or killed by one of these speeding cars. The block club will adopt the park and maintain and clean it, therefore the City will not get stuck with trying to clean and maintain another park. We realize the City has enough problems maintaining the existing parks and we do not wish to burden the City with yet another park to maintain. Our street is changing and we see many more people taking interest in their properties, whether they be homeowners or renters. We are all working together to make our neighborhood a better place to live in and this park for our children would be a plus for our neighborhood. Our block club bought two basketball hoops for our children to help keep them occupied this summer. The children are very grateful and we have no problems when the hoops were brought our for them except for the speeding cars. It kept our children busy and out of trouble. We had noticed the difference, because in past years they had nothing to do and hung out in gangs and harassed the people in the neighborhood or got into fights. This has been a very enjoyable summer for both the kids and adults in our neighborhood. We are asking for your support in our endeavors to create a playground on Rohe Street. Again, the park will be adopted and maintained by the block club and not be a burden on the City. We can not stress enough the importance of this park to our neighborhood. It will give our children a place to play and the parents on our streets the peace of mind knowing that our children are safe and playing off the street. This playground is not for the adults, it is for our children. Please let the children know you also care about them by supporting us in our endeavors to create this playground. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS THE COMMISSIONER OF POLICE AND THE COMMISSIONER OF FIRE NO. 79 REQ. TO OCCUPY PORTION OF CARY ST. This letter is to ask that the common council address at their next meeting, our request to occupy a portion of Cary Street as outlined in the letter to Commissioner Giambra dated September 21, 2001. If you require any additional information, please do not hesitate to call. I can be reached at 878-9425. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS ND THE CIY PLANNING BOARD AND DIRECTOR OF STRATEGIC PLANNING Page 43 01-1002-ss1005.txt NO. 80 29 AND 35 WOODLEY ROAD BUFFALO NEW YORK Please file the enclosed correspondence for the next full council meeting to be held Tuesday, October 2, 200 1. Thank you for your attention to this matter. If you have any questions, please feel free to contact my office. Notice of Hazardous Conditions Please declare the sidewalk in front 29 and 35 Woodley Road, Buffalo, New York 14214 as an extreme hazard. The sidewalk is in dire need of repair, and someone may fall and hurt him or herself Please note this condition has existed for over five years and there has been temporary black top repairs made. This has created an unattractive and hazardous condition in a very fine neighborhood. Please file a Notice of Hazardous Condition with the Buffalo Common Council, the Mayor's office, and refer the matter to the Department of Public Works. RECEIVED AND FILED NO. 81 Hazardous Condition at 171 Weston Avenue Please file the enclosed Notice of Hazardous Condition with the next full council meeting to be held Tuesday, October 2, 2001. Thank you for your attention to this matter. If you have any questions, please feel free to contact my office. Please declare the sidewalk in front of Ms. Thomas' home at 171 Weston Ave., Buffalo, New York 14215 as an extreme hazard. My office has also received several calls from Ms. Thomas who states the tree roots are causing the sidewalk to buckle. Please file a Notice of Hazardous Condition, and refer the matter to the Forestry Department and the Department of Public Works. Thank you for your prompt attention to this matter. RECEIVED AND FILED NO. 82 NEW RATE STRUCTURE FOR POWER LINK The telecommunications industry is constantly developing new technology and new products. Cutting-edge technology allows cable operators to launch an abundance of programming and to satisfy their customers' needs for advanced services, such as digital cable and high-speed Internet access. Adelphia has become an industry leader in the highly competitive telecommunications marketplace, based on our commitment to modem technology, expanded programming choices, and prompt, professional customer service. At the same time, we recognize that in order to remain competitive and to continue to meet the demands of our customers, franchise authorities, businesses and educational institutions, Adelphia must continue to make improvements. By investing in our cable infrastructure, as well as expanded offerings and employee training, we will be able to continue bringing Adelphia customers greater value, additional choices and improved service. These investments are critical in the current business environment, as Adelphia faces growing competition from direct broadcast satellite companies and other providers of entertainment and telecommunications services. In the coming weeks, all Adelphia customers will be Page 44 01-1002-ss1005.txt receiving a notification informing them of a new rate structure for Power Link, high speed Internet access. Over four years have passed since Adelphia first launched Power Link high-speed service. During that time, to keep pace with the many changes in the telecommunications industry and to stay ahead of our competition, Adelphia has made significant investments in our infrastructure. At the same time, other operational expenses continue to rise as our business grows. In this highly competitive marketplace, we offer customers a discount when they subscribe to our basic or digital cable service and Power Link. These customers will take a total increase of only 7.5%, to $42.95 per month. The current rate increase is limited to Power Link only and represents a total increase of only 10%, making the cost for that service $54.95 per month. Our customers expect us to be a full-service provider, a company capable of delivering a wide variety of advanced telecommunications services. If we are to survive as a company, we must meet these expectations. We therefore now find it necessary to adjust our rates. Effective with customers' December bill statements, the following rate changes will go into effect: Regular 2-way Power Link w/Cable $ 42.95 Regular 2-way Power Link $ 54.95 Regular 1-way Power Link w/Cable $ 37.95 Regular 1-way Power Link $ 49.95 Our customer service representatives are available 24 hours a day, seven days a week, to discuss these changes and answer any questions our customers may have. Adelphia is proud to be a good corporate citizen of the City of Buffalo. By providing local jobs, sponsoring and supporting local charitable and civic organizations and providing free cable service and Internet access to local schools, Adelphia continues its active involvement in the development of our community. Please feel free to contact me if you would like to discuss these changes, or any other aspect of Adelphia's service to the Buffalo community. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS OFFICE OF TELECOMMUNICATIONS AND PUBLIC SERVICE COMMISSION No. 83 Support Parade for Tribute to Recovery Effort Workers in NYC WHEREAS, the September 11, 2001 attacks on the World Trade Centers and the Pentagon were by far the deadliest terrorist attacks ever launched against the United States, and, by targeting symbols of American strength and success, clearly were intended to intimidate our Nation and weaken our resolve, and WHEREAS, these attacks have not weakened our resolve, but have instead created a fervor of patriotism and outward signs of our commitment to democratic values, and WHEREAS, our values are displayed by Americans around the world and right here in Erie County who are donating food and money, giving blood, prominently displaying the American Flag, lighting candles, and attending prayer Page 45 01-1002-ss1005.txt services and vigils, and WHEREAS, parades are a traditional American expression of patriotism, freedom, democratic values, and support for the heroic men and women who serve our country, and WHEREAS, Virginia Kozlowski has offered her time and energy to organize a parade celebrating our police, firefighters, soldiers, veterans, and local community leaders, with a special tribute to the men and women who have helped in the recovery efforts in New York City NOW, THEREFORE, BE IT RESOLVED, that the Erie County Legislature supports all Americans who show their love for this Country and the democratic values we espouse, and be it further RESOLVED, that this Honorable Body supports the efforts of Virginia Kozlowski and the idea to have a parade expressing our patriotism, our freedom, our democratic values, and our support for the men and women who serve this country, and be it further RESOLVED, that certified copies be sent to the Erie County Executive, the Mayor of the City of Buffalo, the Director of Promotions for the City of Buffalo, and Virginia Kozlowski (61 South Parish Road, Amherst, NY 14228). Fiscal Impact: to be determined RECEIVED AND FILED NO. 84 CONSULTATION FOR MUNICIPAL COMMUNICATIONS SECURITY WITHIN THE CITY OF BUFFALO Dear Council members, Honorable Masiellio, residents, and citizens of our great nation. The state of our cities municipal communication's infrastructure has concerned me for several years. Working in various city buildings as an employee for different vendors, I have seen the antiquity of telephone systems for which parts are no longer available rendering emergency communications unreliable or useless. In light of the current tragedies that occurred on the opposite side of New York State, these concerns have is escalated to a sense of civic duty, for which I address the Common Council today. Eight days after terrorist attacked the World Trade Center, the Buffalo News reported that; "There were numerous bomb threats made to City Hall and other local buildings last week.'- This revelation, together with last year's regional anthrax scares in many schools has breached everyone's constitutional right to liberty and is a disruption of the general peace within our community. Although in all probability Buffalo, New York would Buffalo News, Wednesday, September 19, 2001; in a article entitled Lawmakers urge review of disaster preparedness" written by BRAIN MEYER. not be a typical target of such activities a certain degree of danger lies in underestimating this sort of vulnerability. The truth is that times have changed, the nation is at alert status Charlie, domestic and international terrorist will expose any appearing latency in defense, both militarily and civilian including what they would consider municipal targets. It is imperative that we currently take a pro-active stance against such outrageous threats which no longer can be dismissed as a prank, and prosecute individuals responsible to the fullest of law. In doing so, a quick response is essential to apprehend individuals during the act of such crimes. In addition, during an actual emergency, reliable, secure, means of communications have proven to contribute in Page 46 01-1002-ss1005.txt saving lives. In order to discern if a threat is real or not a suspect must be interrogated. Therefore, I propose a four-step integration to our city communication's and building infrastructure. First, Caller Identification and automated recording devices would be installed on all incoming telephone lines at all our cities municipal buildings including schools. I can not stress enough the importance of safe guarding our future generation, not in lip service, but in action. One horrible example is school 90 located at 50 A Street. Their telephone system is so old that it requires a telephone operator to manually take a cord and plug it into a switchboard to answer or transfer a call. If an emergency were to occur there is no paging system, facility would literally have to go down the hall's yelling for students and teachers to evacuate which would be an apparent impossibility during a fire. Although the government promised Buffalo schools $500 million dollars, the school was not able to secure any funds to rectify this danger. None were available. Last year it was a security necessity, this year, death trap. How can we, citizens of Buffalo, be penny wise and pupil foolish? This is only one of example of the terrible inadequacy of our current communications systems. We must quickly survey our faults and immediately correct them, without a lengthy debate or drawn out assessment. Telephone equipment that is useless in case of an emergency needs momentous replacement. Secondly, many telephone lines would be useless if Buffalo owned buildings collapse. Alternate cable routing for emergency lines would be logistically difficult and extremely expensive. Instead, we could purchase our own mobile communications center, with a telephone system hooked lip to cellular telephones, as their incoming lines are. Telephone calls to the affected building can be re-routed to ring at the mobile communications center on location. This would also facilitate outbound calls for emergency personal and dissemination of information to occupants' families. Again, in a school environment, parents could be notified as to the status of students. Third, all current telephone systems, and those slated for installation must have caller identification logging capabilities, and record incoming calls. This is essential for law enforcement evidence after apprehension of a suspected caller. Fourth, direct lines must be established for communications to both the local Telephone Company and Central Police Department, thus allowing dispatch of law officers immediately. Finally, a contingence plan should be formulated where upon evacuation of City Hall employees, to a location where work would continue uninterrupted at which place the same type of telecommunications equipment is used. I also understand that an undertaking of such magnitude would be a fiscal strain on our city coffers, yet s stated above, I have seen the current condition of out cities municipal communications equipment. It is with great trepidation that I leave these chambers, fearing my civic counsel will deemed cost prohibitive during such a trying time. Yet, it is crucial that we secure our own municipality before boasting that the downtown business district has " intelligent buildings' for corporations. I implore the Mayor and this Council to implement immediately a city statute, mandating the above recommendations attributing to the preservation and security of our community. REFERRED TO THE COMMITTEE ON BUDGET Page 47 01-1002-ss1005.txt NO. 85 CONCERNS NATIONAL FUEL Thank you for the opportunity to respond to the agenda item referred to the Committee on Legislation and National Fuel Gas at the recent Common Council session. The "C.Fisher-M.Adams-Concems-Ntl.Fuel" (#63 C.C.P. Sept 19,2001) was in reference to a letter written by Michael Adams siting a gas odor and National Fuel's response. The address involved was 80 Watson Street, Buffalo and the dates were August 13 - 18, 2001. On August 13, 2001 a National Fuel representative responded to a call at 80 Watson. An odor of gas was present; upon arrival the service representative found a Type 2 leak on the service line. The information was noted as required. On August 14 and August 17 a National Fuel service representative again responded to calls regarding an odor of gas and it was again determined that a Type 2 leak existed on the gas service. The following day, August 18, a service representative was dispatched to 80 Watson to investigate a gas odor. Upon arrival Councilmember-at-Large Charley H. Fisher III and Buffalo Fire Department personnel met the service representative. Upon investigating the gas odor a Type 2A leak was found on the service and the main. The representative was attempting to answer questions about leak classification and repairs, however, he felt he was in a no win situation as demands were made to get the repairs made immediately and the threat of a match being thrown on the gas leak. In an effort to address the concerns those on-site were advised that a crew would be dispatched the following morning. This did not meet with the approval of Mr. Fisher and instead of a possible confrontation a crew was dispatched and temporary repairs made. Outside gas leaks are classified as either Type 1, 2A, 2 or 3. The leak classification is determined by the percent of gas in the air and the proximity to buildings. Each leak classification also has repair requirements: A Type I leak must be immediately repaired (either temporarily or permanently) to alleviate the potentially hazardous condition. A Type 2A leak shall be repaired within a period not to exceed 6 months. A Type 2 leak shall be repaired within a period not to exceed 12months. Each of the above requires monitoring until permanent repairs are made. The first priority of National Fuel is safety. The gas leak on Watson Street was determined to be a Type 2 and then it was upgraded to a Type 2A. If any of our representatives responding to the calls at 80 Watson felt that safety was being compromised immediate repairs would have been made. National Fuel followed all the policies and procedures regarding outside leaks and did not feel that immediate repairs were necessary at that time. Permanent repairs have been made at this location and the service renewed. Please advise if there is any further information that is required regarding this issue. I am always available to assist all of the Council Members at any time and apologize for any inconvenience this situation may have caused for Mr. Adams and the other residents of Watson Street. REFERRED TO THE COMMITTEE ON LEGISLATION Page 48 01-1002-ss1005.txt PETITIONS NO. 86 M. BROCKMYRE, AGENT, USE 2176 GENESEE FOR A HUMAN SERVICES FACILITY. (HRG. 10/09/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 87 A. DEWART, AGENT, USE 1171 MICHIGAN FOR A HUMAN SERVICES FACILITY. (HRG. 10/9) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. Regular Committees Civil Service (Barbara A. Miller-Williams, Chairperson) NO. 88 Buffalo Police Dept. Civil Service Exam (CCP#173-June 27, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 89 Bflo. Police Dept. Civil Service Examination (Law) (CCP#64-July 11, 0 1) That the above item be and the same hereby is received and filed. ADOPTED NO. 90 Appt.-Deputy Fire Commissioner (Fire) (CCP#80-Sept. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 91 Appt.-Residency Investigator (Max) (HR) (CCP# I 12-Sept. 4, 0 1) That the above item be and the same hereby is received and filed. ADOPTED NO. 92 Appointment Asst. City Forester (Inter) (PW) (Item No. 38-C.C.P. Sept. 18, 200 1) That Communication 38, Sept. 18, 2001 be received and filed and the permanent appointment of Andrew Rabb stated above at the intermediate salary of $26,756 effective on September 4, 2001 is hereby approved. PASSED AYES - 12 - NOES - 0 Page 49 01-1002-ss1005.txt NO. 93 Appointment Appt.-Supv. Of Street Sanitation (Max) (PW) (Item No. 39-C.C.P. Sept. 18, 2001) That Communication 39, Sept. 18, 2001 be received and filed and the permanent appointment of Kenneth M, Giroux stated above at the maximum salary of $31,552 effective on August 31, 2001 is hereby approved. PASSED AYES - 12 - NOES - 0 NO. 94 Appointment Appt.-Sr. Cellblock Attendant (Inter) (Pol.) (Item No. 40-C.C.P. Sept. 18, 200 1) That Communication 40, Sept. 18, 2001 be received and filed and the permanent promotion of Norbert Ryan stated above at the intermediate salary of $27,509 effective on September 10, 2001 is hereby approved. PASSED AYES - 12 - NOES - 0 No. 95 Appt.-Battalion Chief (Max) (Fire) (CCP#41-Sept. 18, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 96 Appt.-Captain (Max) (Fire) (CCP#42-Sept. 18, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 97 Appt.-Fire Lt. (Perm.) (Max) (Fire) (CCP#43-Sept. 18, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 98 Appt.-Fire Lt. (Perm. Cont.) (Max) (Fire) (CCP#44-Sept. 18, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 99 Notices of Appt. -Temp. /Prov. /Perm. (C.Clk.) (CCP#62-Sept. 18, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 100 A. ROWELL PETITION TO USE 2234 SENECA ST. POLE SIGN ITEM NO. 73 CCP SEPT 18, 2001 That after the Public hearing before the Committee on Page 50 01-1002-ss1005.txt Legislation on September 25, 2001, the petition of A. Rowell, agent, for permission to use 2234 Seneca Street for a pole sign be, and hereby is approved with the condition that the Department of Public Works, Parks and Streets review and approve the encroachment for hazardous conditions. PASSED AYES -12 NOES - 0 LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 101 W. STERLING, PETITION TO USE 1814 GENESEE STREET - POLE SIGN (ITEM NO. 74, C.C.P., SEPT. 18, 2001) That after the public hearing before the Committee on Legislation on September 25, 2001, the petition of W. Sterling, agent, for permission to use 1814 Genesee Street for a pole sign not to exceed 22 1/2feet be, and hereby is approved. PASSED AYES -12 NOES - 0 NO. 102 C. MCCAFFREY, PETITION TO USE 534 DELAWARE - ILLUMINATED GROUND SIGN (ITEM NO. 75, C.C.P., SEPT. 18, 2001) That after the public hearing before the Committee on Legislation on September 25, 2001, the petition of C. McCaffrey, agent, for permission to use 534 Delaware Avenue for an illuminated ground sign be, and hereby is approved with conditions as set by the Buffalo Preservation Board. PASSED AYES -12 NOES - 0 NO. 103 C. MCCAFFREY, PETITION TO USE 1040 DELAWARE - ILLUMINATED GROUND SIGN (ITEM NO. 76, C. C.P., SEPT. 18, 200 1) That after the public hearing before the Committee on Legislation on September 25, 2001, the petition of C. McCaffrey, agent, for permission to use 1040 Delaware Avenue for an illuminated ground sign be, and hereby is approved with conditions as set by the Buffalo Preservation Board. PASSED AYES -12 NOES - 0 NO. 104 P. HERENDEEN, PETITION TO REZONE 350, 352, 354, 358, 360, 364, 366, 370, 372, 376, 378 & 382 RILEY & 19, 21, 23, 27, 29, 31, 35, 39, 41, 49 & 51 LANDON (1275 JEFFERSON) FROM R2-C2 FOR A TOPS SUPEN-NARKET (ITEM NO. 159, C.C.P., SEPT. 4, 2001) That the Common Council of the City of Buffalo does hereby ordain as follows: That that part of the Zoning Ordinances of the City of Buffalo, Section 511-126 of Article XXV of Chapter 5 11 as it relates to the use map thereof be amended to show a "C2" Commercial District rather than a "R-2" Residential District for the premises known as 3 50, 3 52, 3 54, 3 58, 3 60, 3 64, 3 66, 3 70, 3 72, 3 76, 3 78 & 3 82 Riley & 19, 21, 23, 27, 29, Page 51 01-1002-ss1005.txt 3 1, 3 5, 3 9, 41, 49 & 51 Landon (1275 Jefferson) and more particularly described as follows: ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo, County of Erie, State of New York, being part of Lot 24, Township 11, Range 8 of the Holland Land Company's survey, being sub lot's 60 through 91 of a certain map as filed in the Erie County Clerk's Office in Map Cover Book Number 275. This rezoning shall be effective providing the following conditions are met: That this rezoning shall not be effective unless and until a certified copy thereof has been filed by the petitioner in the offices of the Erie County Clerk's Office and proof of such filing is submitted to the City Clerk's Office. That this rezoning will not be effective until such conditions as set by the City Planning Board are met. That this Common Council finds this action to be an Unlisted Action under the S.EQR. Act and adopts petitioner's findings such that no further environmental review is required under said Act. 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 Michael B. Risman Corporation Counsel PASSED AYES -12 NOES - 0 NO. 105 TOPS MKT.-REZ. 350-382 RILEY; 19-51 LANDON ST-FROM R2 TO C2 (PLAN BD.) (CCP#10-SEPT. 18, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 106 R. KLEIN, DELTA SONIC - APP. PLAN. BD. DEC. EXP. CAR WASH 1264 MAIN STREET (ITEM NO. I 11, C. C.P., JULY 24, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. LAID ON THE TABLE NO. 107 D. BONIFACIO-INFO. -PROP. DELTA SONIC EXP. ON MAIN ST. (CCP#129-SEPT. 4, 01) That the above item be and the same hereby is Laid on the Table. LAID ON THE TABLE NO. 108 A. FRYER & 0-INFO.-PROP. EXP. OF DELTA SONIC-MAIN ST. (CCP#133-SEPT. 4, 01) That the above item be and the same hereby is laid on the table. LAID ON THE TABLE NO. 109 LEAD AGENCY DESIGNATION - DELTA SONIC Page 52 01-1002-ss1005.txt REDEVELOPMENT PLAN (ITEM NO. 162, C.C.P., SEPT. 4, 2001) That the above item be and the same is hereby laid on the table. LAID ON THE TABLE NO. 110 D. DREW-CONCERNS-DELTA SONIC EXPANSION-1254 (1264-SIC) MAIN ST. (CP) (CCP #29-SEPT. 18, 01) That the above item be and the same hereby is laid on the table. LAID ON THE TABLE NO. 111 R. WILLERT-CONCERNS-DELTA SONIC EXPANSION- 1254 (1264-SIC) MAIN ST. (CP) (CCP#31-SEPT. 18, 01) That the above item be and the same hereby is laid on the table. LAID ON THE TABLE NO. 112 M. YEOMANS-INFO.-PROJECT-DELTA SONIC-1264 MAIN ST. (CP) (CCP#32-SEPT. 18, 01) That the above item be and the same hereby is laid on the table. LAID ON THE TABLE NO. 113 M. YEOMANS & O-PETITIONS-SUPP. DELTA SONIC EXPANSION-MAIN ST. (CCP #78-SEPT. 18, 01) That the above item be and the same hereby is laid on the table. LAID ON THE TABLE NO. 114 D. BAILEY, PETITION TO USE 133 S. DIVISION - BILLBOARD SIGN (ITEM NO. 107, C.C.P., APR. 17, 2001) That after the public hearing before the Committee on Legislation on April 24, 2001, the petition of D. Bailey, agent, for permission to use 133 S. Division for a billboard sign be, and hereby is denied due to applicable zoning regulations. DENY NO. 115 E. FLAMMER-USE 133 S. DIVISION (17 ELM)-NON-ACCESS ADVERT. (PLAN BD) (CCP# 11 -MAY 1, 0 1) That the above item be and the same hereby is received and filed. ADOPTED NO. 116 R. FONTANA-W. GLOVER-OPP. E. FLAMMER-USE 133 S. DIV.-NON. AC. AD. SGN. (CCP#131-SEPT. 4, 01) That the above item be and the same hereby is received and filed. Page 53 01-1002-ss1005.txt ADOPTED NO. 117 FREE SPIRIT MISS. BAPTIST CH.-USE 60 TITUS ST.-HUMAN SVS. FAC. (PLAN BD) (CCP#9-SEPT. 18, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 118 B. SIMON-OBJECTIONS TO ON STREET PARKING PLAN-E. HURON ST. (CP) (CCP#38-JUNE 12, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 119 OBJECTIONS TO ON-STREET PKG. RECOMMENDATIONS (PKG. BD.) (CCP#16-JUNE 26, 01) That the above item be and the same hereby received and filed. ADOPTED NO. 120 D. CHEMOFF-BFLO. PLACE-B. SIMMONS-OBJ. TO ON STR. PKG. PLAN-E. HURON (CCP#91 -JUNE 26, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 121 "PAY AND PARK" SYSTEM (A&F) (CCP#68-MAR. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 122 K. MCCARTY-ARLINGTON, VA.-PKG. ORD. CHANGES (CP) (CCP #22-MAR. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 123 ADDITION OF METERED PARKING - CHAPTER 479 TRAFFIC ORDINANCES (ITEM NO. 25, C.C.P., JULY 24, 2001) That Subsection 27 of Section 15 of Article I of Chapter 479 of the Code of the City of Buffalo be amended to read as follows: (27) Metered Parking. Notwithstanding any other provisions of this chapter, no person, firm or corporation shall park or cause to be parked. any vehicle owned or controlled by said person, firm or corporation in the portion of the Public streets or highways designated below, except in the following manner: Metered Parking Locations Period of Metered Parking Page 54 01-1002-ss1005.txt Rate of Metered Parking (List of specific streets subject to the above provisions is omitted. The record of such streets is on file in the office of the Division of Traffic Engineering. Room 512, City Hall) Matter underlined is to be added. PASSED AYES -12 NOES - 0 NO. 124 ORD. AMEND. -CHAPTER #I 67-ELEVATORS (PERMITS/INSP. SVS.) (CCP#46-SEPT. 18, 0 1) That the above item be and the same hereby is received and filed. ADOPTED NO. 125 SIDEWALK CAFE - 658 MAIN STREET (ITEM NO. 35, C.C.P., JULY 10, 2001) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 126 SECONDHAND DEALER - 694 GENESEE STREET (ITEM NO. 66, C.C.P., APR. 17, 2001) (ITEM NO. 148, C.C.P., JUNE 26, 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. 127 Used Car Dealer License - 430 Genesee Street (Item No. 49, C.C.P., Sept. 18, 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 Guy Burt, d/b/a Burt's & Sons Auto Sales, located at 430 Genesee Street with the condition that the lot has a maximum of five (5) vehicles. Passed. AYES - 12 - NOES - 0 No. 128 Used Car Dealer License - 1906 Genesee Street (Item No. 83, C. C.P., July 24, 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 Mark Jackson, d/b/a Jackson's Auto, located at 1906 Genesee Street with the conditions: I . That the lot has a maximum of five (5) vehicles for sale. 2.Vehicles are to be placed in the rear of the building. Passed. AYES - 12 - NOES - 0 No. 129 Used Car Dealer - 1512 Main Street (Item No. 97, C. C.P., Sept. 4, 200 1) (Item No. 179, C.C.P., Sept. 18, 2001) That the above item be, and the same hereby is returned to Page 55 01-1002-ss1005.txt the Common Council without recommendation. Mr. Fontana Moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer License to Francis Trotta 111, d/b/a Extreme Trucks located at 1512 Main Street with the following conditions: I . That the lot has a maximum of five (5) vehicles for sale. 2. That no salvage vehicles are to be placed on the lot. Passed. AYES - 12 - NOES - 0 No. 130 Restaurant Dancing Class II - 1239 Niagara Street (Item No. 50, C.C.P., Sept. 18, 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 150 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Restaurant Dancing Class 11 License to Ramon Rodriquez, d/b/a Club El COCO at 1239 Niagara Street. That no outdoor music be allowed PASSED AYES - 12 - NOES - 0 NO. 131 Used Car Dealer License - 2246 Niagara Street (Item No. 96, C. C.P., Sept. 4, 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 Joanne Ely, d/b/a NYS Inspection Plus Inc., located at 2246 Niagara Street. Passed. AYES - 12 - NOES - 0 NO. 132 A. Barnas - Aqueduct Const. Ltd. - 8 Whitney Place (Item No. 34, C.C.P., June 26, 2001) That 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. 133 A. Barnas - Aqueduct Const. Ltd. - 8 Whitney Place (Permits) (Item No. 56, C.C.P., July 10, 2001) That 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. 134 COB Brief Summary- 1989-2001 Records Mgmt. (C. Clk.) (CCP#79-June 26, 01) That the above item be and the same hereby is received and filed. Page 56 01-1002-ss1005.txt ADOPTED No. 135 B. Williams-R. Cataldi & O-Req. Addr.-Depl. Cond-I 19-21 West; 247-9 Mryld (CCP#l 10-June 26, 01) That the above item be and the same hereby ADOPTED No. 136 Stepping Stone Academy-Use 907 E. Ferry St.-Handicap Ramp Encroach. (Plan Bd.) (CCP#4-Sept. 18, 0 1) That the above item be and the same hereby is received and filed. ADOPTED No. 137 C. Jones-Use 70 W. Chippewa St.-Railing/Awning Encroachment (Plan Bd.) (CCP#5-Sept.18, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 138 C. Fisher-99 Wakefield Ave. -Concerns-Prop. Harboring Rodents, etc. (CCP#99-July 24, 01) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. No. 139 99 Wakefield Ave.-Concerns-Prop. Harb, Rodents, etc. (Permits) (CCP#90-Sept. 4, 01) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. No. 140 B, Grant-M. Deluca-Key Bk. -Perm. -Install Sign-Thornton Ave. Blk. Club (CCP#134-Sept. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 141 R. Gibson-Concerns-Tree Trimming-103 Wohlers (CCP#146-Sept. 4, 01) That the above item be and the same hereby is referred to the Committee on Streets Services. ADOPTED No. 142 A. Steward-Save Christmas Tree-904 Northampton (CCP#147-Sept. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED Page 57 01-1002-ss1005.txt Community Development (Beverly A. Gray, Chairperson) No. 143 Status-Homestead Reqs. (Strat. Pl.) (CCP#12-Sept. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 144 J House-Req. to Homestead Prop.-82 Winslow Ave. (CP) (CCP#28-Sept. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 145 Oppose Cuts in HUD Funding (Item No. 207, C.C.P., Apr. 17, 200 1) That this Common Council requests Congress to resist efforts to cut the Housing and Urban Development (TIM) budget in ways that will negatively impact the Buffalo Municipal Housing Authority's (BMHA) constituency; and That this Common Council requests the Secretary of HUD to file a report with the Buffalo City Clerk, 1308 City Hall, Buffalo, New York 14202, on the projected impact of the proposed cuts on the BMHA; and That this Common Council requests the Executive Director of the BMHA to file a report on the projected impact of the proposed cuts on the BMHA. Adopted. No. 146 Bush Adm's Cut in Hud Pub. Hrg Drug Elim Pr. Funds 2002 (BMIIA) (CCP#75-May 29, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 147 I LaFalce-Req. Examine Scope/Effectiveness of IIUD (BNMA) (CCP#52-Sept. 18, 0 1) That the above item be and the same hereby is received and filed. ADOPTED No. 148 S. Polowitz-HUD Exam. Of COB's Expenditure of Federal Funds (CP) (CCP#36-Sept. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 149 Parking on Federal Street (item No. 214, C. C.P., Feb. 6, 200 1) That the Department of Public Works, Parks and Streets conduct a study to determine the feasibility of no parking on the residential side of Federal Avenue; and Page 58 01-1002-ss1005.txt That the Department of Public Works, Parks and Streets provide recommendations to this Common Council as to what other methods may be done to address the concerns Federal Street residents. Adopted. No. 150 Transfer of Title, Urban Homestead - 231 Pershing Street (Item No. 15, C.C.P., Sept. 18, 2001) That the city-owned property commonly known as 231 Pershing 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. Ernest Oliver and Mrs. Cynthila Oliver, residing at 229 Pershing 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. 151 Transfer of Title, Urban Homestead - 725 Sherman Street (Item No. 17, C.C.P., Sept. 18, 2001) That the city-owned property commonly known as 725 Sherman 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. Leroy Chestnut and Mrs. Josephine Chestnut, residing at 721 Sherman 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. 152 Transfer of Title, Urban Homestead - 82 Winslow (Item No. 20, C.C.P., Sept. 18, 2001) That the city-owned property commonly known as 82 Winslow 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. James L. House and Mrs. Barbara J. House, residing at 78 Winslow 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 Education (Charley H. Fisher, III, Chairman) No. 153 Joint School Const. Bd.-Questions (lirg. 6/20) (CCP#213-June 12, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 154 Page 59 01-1002-ss1005.txt Municipal Bond Bank (Compt.) (CCP#31 -Apr. 3, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 155 A. Harris-Grievance Against I Ervolino (CCP#136-Sept. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED SPECIAL COMMITTEES STREETS SERVICES COMMITTEE (CHARLEY H. FISHER, III, CHAIRMAN) NO. 156 C. FISHER-WALKABLE COMM. PRESENTATION (CCP#73-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 157 SIDEWALK SNOW REMOVAL CONCERNS (CP) (CCP#39-MAY 1, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 158 REMOVAL OF SNOW AND DEBRIS BY CONTRACTORS (PERMITS) (CCP#72-JUNE 26, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 159 DISCONTIN. USING FRONT PK. AS DUMPING AREA FOR WINTER SNOW (CCP#173-JULY 10, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 160 J. BLACHOWSKI-PERSONAL MOTOR VEHICLES REG. TO COB RESIDENTS (CCP #90-MAR. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 161 FRONT PARK SNOW STORAGE (PW) (CCP#54-JULY 24, 01) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 162 Page 60 01-1002-ss1005.txt BY: MR. COPPOLA RE: ORDINANCE AMENDMENT CHAPTER 167 - ELEVATORS AND CONVEYANCES The Common Council of the City of Buffalo does hereby ordain as follows: That Section 167-26 of Chapter 167 of the Code of the City of Buffalo be amended to read as follows: Section 167-26 High-Rise Building Fire-Lock Box A. Fire-Lock Box Location Switch Key (fire lock box) shall be installed on the exterior of all buildings. All fire lock boxes locations shall be approved by the Commissioner of Fire or his designee. Owners of existing installations which need to be retrofitted with Switch Key (Fire Lock Box) must complete the retrofitting within one (1) year after the effective date of this Section. B. The fire lock box shall contain a key for access to the following areas: (1) All points of ingress and egress, whether doors are on the interior or exterior of the building; (2) Mechanical and electrical equipment rooms; (3) Elevator controls; (4) All common areas of the building which may be secured; and (5) Any other areas deemed necessary by the Commissioner of Fire or his designee. All keys contained in the fire lock box shall be properly identified as to function by a metal tag o stamped identification on the key. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM Corporation Counsel NOTE: Matter underlined is new. PASSED AYES -12 NOES - 0 NO. 163 BY: MR. COPPOLA, FONTANA, GOLOMBEK SECURITY FOR BUFFALO WATER DEPARTMENT Whereas- Due to the events that occurred on September 11, 2001, there has been a heightened awareness of the possibility of bio-chemical warfare; and Whereas- The City of Buffalo and American Water Services should have appropriate security at the Colonel Ward Pumping Station in order to help protect its water supply. Now, Therefore, Be It Resolved: That the Department of Public Works and American Water Services report back to this Common Council, in writing, the current security services at the Colonel Ward Pumping Station, and Be it Further Resolved: That the Department of Public Works and American Water Services report back to this Common Council, in writing no later than next Council meeting what measures will be taken to increase security at the Colonel Ward Pumping Station in order to protect the City of Buffalo's water system in the future. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS AND AMERICAN WATER WORKS NO. 164 Page 61 01-1002-ss1005.txt BY: MR. COPPOLA, MR. FONTANA EXTENSION OF MILITARY LEAVE TIME AND BENEFITS FOR CITY OF BUFFALO EMPLOYEES WHO HAVE BEEN ACTIVATED TO DUTY Whereas- On Tuesday, September 11, 2001, the United States was attacked by terrorists, prompting the activation of thousands of reservists by the United States Armed Forces-, and Whereas: The City of Buffalo supplies employees who are reservists with twenty-two (22) days of military leave per year, but this is not sufficient during time of war; and Whereas: At this time of year, most reservists would have used most, if not all, of their available twenty-two (22) days of military leave time; and Whereas: Any City of Buffalo employee called to active duty by the United States armed Forces should not have to bear the burden of a financial loss and/or a disruption of medical benefits; and Whereas: Active reserves generally serve no less than 6 months and no more than two years in time of conflict; and Whereas During Desert Storm, the City of Buffalo extended the military leave of all City of Buffalo employees who were activated to duty for 30 consecutive days; and Whereas: In addition to the extended military leave, all employees activated to duty received a continuation of medical and dental insurance coverage for up to six months. Now, Therefore, Be It Resolved That this Common Council authorizes to City of Buffalo give all city employees who are called to active duty by the United States Armed Forces a military leave with pay for up to thirty (30) consecutive calendar days, as well as, a continuation of medical and dental insurance coverage for up to six months; and Be It Further Resolved: That City of Buffalo employees must first use all of their remaining military leave days before they can qualify for the additional 30 days; and Be It Further Resolved: That if an employee fails to use all additional thirty days, any unused days will be null, REFERRED TO THE COMMITTEE ON BUDGET AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE COMMISSIONER OF HUMAN RESOURCES NO. 165 BY MR. FONTANA DISCHARGE FROM THE LEGISLATION COMMITTEE COM 48, CCP SEPT 18, 2001 - "USED CAR DEALER-3225 BAILEY(PERMITS/INSP.)" Whereas: Com. 48, CCP Sept. 18, 2001 "Used Car Dealer-3225 Bailey(Permits/Insp.)" is presently before the Committee on Legislation; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore, Be It Resolved That: This Common Council does hereby discharge the Committee on Legislation from further consideration of Com. 48, C.C.P. Sept. 18, 2001,"Used Car Dealer-3325 Bailey(Permits/Insp.)", and said item is now before the Council. Page 62 01-1002-ss1005.txt Mr. Fontana moved to adopt the discharge. PASSED AYES -12 NOES - 0 NO. 166 BY: MR. FONTANA WAIVE PERMIT FEES - GEORGE K. ARTHUR CENTER Whereas: The George K. Arthur Center, located at 2056 Genesee Street, recently received a tremendous donation from Fisher Price; and Whereas: Fisher Price is donating a new fully equipped playground including fencing to the George K. Arthur Center; and Whereas: The construction of a new playground with fencing will enhance the youth activities at the George K. Arthur Center for residents of the Lovejoy District; and Whereas: The Lovejoy District on behalf of the George K. Arthur Center wishes to expresses its goodwill and appreciation to Fisher Price by waiving the building permit fee, to allow for the immediate construction of the new playground and fencing; Now, Therefore, Be It Resolved That: This Common Council approve the waiving of the building permit fees associated with the construction of a new playground with fencing at the George K. Arthur Center; and Be It Further Resolved: That the waived fee will be utilized by Fisher Price to provide additional amenities to the project. PASSED AYES -12 NOES - 0 NO. 167 BY: MR. GOLOMBEK WAIVE ASSOCIATED FEES - RIVERSIDE HALLOWEEN PARADE Whereas: On Saturday, October 27h, 2001, the Riverside Businessmen's Association will be sponsoring the annual Riverside Halloween Parade and Party; and Whereas: The parade will start at 714 Tonawanda Street and proceed north on Tonawanda Street to Riverside Park, then west through the park to the Riverside Park Ice rink parking lot; and Whereas: The Riverside Businessman's Association is providing cider, donuts, orange drink and coffee, free to all participants, their families and those that have watched the parade. They have also arranged the prizes for the costume contest which is one of the highlights of the event; and Whereas: For the parade the Riverside Businessmen's Association has requested a police escort, and a Fire truck to lead the parade as well as use of the parking lot at the Riverside Park ice rink; and Whereas: To make the parade a success the Riverside Businessmen's Association will need a parade permit for Tonawanda Street for Saturday, October 27h, 2001, between 1230 pm and 200pm. The Riverside Businessmen's Association may also need a permit to use the parking lot at the Riverside Ice rink, Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo' waives all permit fees associated with the Riverside Businessmen's Association Halloween Parade and Party to be held on Saturday, October 27th, 2000. PASSED Page 63 01-1002-ss1005.txt AYES -12 NOES - 0 NO. 168 BY: MS. GRANT: BOND RESOLUTION $1,500,000 BONDS PLANNING IMPROVEMENTS-JSCB NEW SCHOOL CONSTRUCTION ACCOUNT NO. 3000-03 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,500,000 General Improvement Bonds of said City to finance the cost of planning the construction of new City schools, at the estimated maximum cost of $1,500,000. 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 General Improvement Bonds of said City in the principal amount of One Million Five Hundred Thousand Dollars ($1,500,000), 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 cost of planning the construction of new City schools under the auspices of the Joint Schools Construction Board. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,500,000 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 Executive Department, Division of Strategic Planning,, "Joint School Construction Board Management, Planning and SEQR, 2001 ", Account No. 3000-03, 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 $1,500,000. 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 period of probable usefulness for the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.01) a. 62 (2 nd) of the Law, is five (5) 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 Page 64 01-1002-ss1005.txt 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. Introduced: LAID ON THE TABLE NO. 169 BY: MRS. LOTEMPIO EXCUSE COUNCILMEMBER THOMPSON FROM COUNCIL MEETING. Whereas: Councilmember Antoine M. Thompson will be unable to attend the Council meeting on Tuesday, October 2, 2001, Now, Therefore, Be It Resolved: That the Common Council excuses Councilmember Antoine M. Thompson from attending the October 2, 2001, Common Council meeting. ADOPTED NO. 170 BY: MS. MARTINO PAYMENT OF CERTAIN SMALL CLAIMS Whereas, the Common Council, by Item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $100. 00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount; and Whereas, the Common Council, by Item No. 104, C.C.P., April 29, 1997, established that all garbage can claims arising out of the activities of the Department of Street Sanitation that are related to refuse and recycling be paid out of the Solid Waste & Recycling Enterprise Fund Budget Account only if the claims took place after October 1, 1996; and Whereas, the subject claims are eligible for consideration under the said procedures; and Whereas, the Department of Law has verified the validity of the claims and recommend payment thereof, Page 65 01-1002-ss1005.txt Now Therefore, Be It Resolved: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law or be charged against the Solid Waste & Recycling Enterprise Fund Budget Account: 1. Academy Sales, 1366 Kenmore Avenue, 14216 Claim for loss of four garbage cans at '1366 Kenmore Avenue on 6-14-01. $ 70.00 2. Merry Acosta, 61 Crossman Avenue, 14211 Claim for loss of three garbage cans at 61 Crossman Avenue on 4-23-01 and 4-30-01. $60. 00 3. Christopher F. Adams, 13 8 Lexington Avenue, 14222 Claim for loss of two garbage cans at 13 8 Lexington Avenue on 9-4-01 $ 22. 00 4. Leonard Amato, 39 Ashland Avenue, 14222 Claim for loss of garbage cans at 39 Ashland Avenue on 4-20-01 and 4-27-01. $ 30~00 5. Bob and Nancy Arnico, 157 Huntington Avenue, 14214 Claim for loss of three garbage cans at 157 Huntington Avenue on 6-12-01. $ 60. 00 6. Amy Anderson, 37 Shirley Avenue, 14215 Claim for loss of garbage cans at 37 Shirley Avenue on 5-21-01. $30.00 7.Travis L. Bailey, 20 Lawrence Place, 14213 Claim for loss of garbage can at 20 Lawrence Place on 3-29-01. $19.00 8.Linda M. Bain, I I I Pomona Place, 142 10 Claim for loss of garbage can at I I I Pomona Place on 4-23-01. $14.00 9.Ernestine A. Ballard, 342 Dewey Avenue, 14214 Claim for loss of three garbage cans at 342 Dewey Avenue on 8-14-01 $ 30,00 10.Antonio Ballo III. 309 Ideal Street, 14206 Claim for loss of garbage can at 309 Ideal Street on 4-25-01. $ 10.00 11.Mary Ann Bartels, 379 Woodbridge Avenue, 14214 Claim for loss of garbage cans at 379 Woodbridge Avenue on 6-12-01, $ 30.00 12.Patricia Baten, 103 Virgil Avenue, 14216 Claim for loss of garbage can at 103 Virgil Avenue on 6-22-01. $15.00 13.Nancy McNamara Bianchi, 654 Crescent Ave 14216 Claim for loss of garbage can at 654 Crescent Avenue on 6-15-01 15.00 14.Clara Bondarenko, 40 Eastwick Drive, Williamsville New York 14221 Claim for loss of garbage cans at 348 Davey Street on 3-7-01 $ 20,00 15.Jessie M. Boone, 64 Oakgrove Avenue, 14208 Claim for loss of three garbage cans at 64 Oakgrove Avenue on 5-8-01 $ 40.00 16.Murphy S. Bova, 24 Florence Avenue, 14214Claim for loss of garbage can at 24 Florence Avenue on 5-15-01 $ 10.57 17.Dallas Burts, 226 Bissell Avenue, 14211 Claim for loss of garbage cans at 226 Bissell Avenue on 8-17-01 $ 20.00 18.Paula S. Busch, 162 Crescent Avenue, 14214 Claim for loss of garbage cans at 162 Crescent Avenue on 8-7-01 Page 66 01-1002-ss1005.txt & 8-14-0 1. $30.00 19.Paula B. Cardino, 110 Roma Avenue (Rear), 14215 Claim for loss of six garbage cans at 110 Roma Avenue on 7-18-01. $59.94 20.Michalina Cefaratti, 285 Ludington, 14206 claim for loss of garbage can at 285 Ludington on 4-24-01. $16.00 21.Glenda Collins, 112 Wingate Avenue, 14216 Claim for loss of garbage can at 112 Wingate on 6-14-01. $ 14.00 22. Christopher W. Corwin, 50 Eggert Road, 14215 Claim for loss of garbage can at 50 Eggert Road on 7-18-01.$ 9.97 23.Lucille A. Crifffl', 286 Ideal Street, 14206 Claim for loss of four garbage cans at 286 Ideal in May 220 1. $60.00 24.Antoinette Cummings, 68 Midway Avenue, 14215 Claim for loss of garbage can at 68 Midway on 6-11 -0 1. 15.00 25.Bessie Cylar, 239 Doat Street, 14211 Claim for loss of garbage can at 239 Doat in April 2001.$ 10.00 26.Anthony D'Auria, 242 Depew Avenue, 14214 Claim for loss of garbage cans at 242 Dewey on 6-12-01, $ 40.00 27.Nancy Deganis, 24 Elam Place, 14214 Claim for loss of garbage cans at 24 Elam Place on 6-12-01.$24.00 28.Patrick Dexter, 62 StarinAvenue, 14214 Claim for loss of four garbage cans at 62 Starin on 6-11-01. $ 40.00 29.Jeanne Dick, 508 Ohio Street, Medina New York 14103 Claim for loss of three garbage cans at 535 East Amherst on 5-28-01. $ 42.00 30.Daniel Doverspike, 61 Mount Vernon, 14210 Claim for loss of garbage cans at 61 Mount Vernon on 5-7-01 & 5-14-01. $21.98 31.Ann L, Egan, 23 Milford Street, 14220 Claim for loss of garbage cans at 23 Milford on 6-19-01.$ 18.00 32.Ezoil Products, Inc. 2355 Bailey Avenue, 14215 Claim for loss of three garbage cans at 16 Lang on 7-23-01.$ 41.67 33. Patricia Farrell, 128 Lexington Avenue, 14222 Claim for loss of four garbage cans at 128 Lexington Avenue on 8-22-01. $80.00 34. Marilyn and Patrick Ferris, 153 College Street #3, 14201 Claim for loss of garbage cans at 153 College on 8-6-01 & 8-13-01. $ 30.00 35.Chrystina Frank, 46 Eggert Road, 14215 Claim for loss of garbage cans at 46 Eggert Road on 4-10-01. $ 19.98 36.Edith Froehlich, 307 Wellington Road, 14216 Claim for loss of garbage can at 307 Wellington Road on 6-28-01 $13.93 37.Carrie Garrett, 934 Kensington, 14215Claim for loss of garbage cans at 934 Kensington Avenue on 6-11-01. $ 40.00 38.Mary Geraci, 29 Elam Place, 142.14 Claim for loss of garbage can at 29 Elam on 6-12-01. $12.00 39.Deirdre Monique Glose, 706 Taunton Place, 14214 Claim for loss of garbage cans at 706 Taunton on 1- 10-01 $17.00 40.Patricia Harris, 584 West Ferry Street, 14222 Page 67 01-1002-ss1005.txt Claim for loss of three garbage cans at 584 West Ferry on 4-6-01. $30.00 41.Ruth Heard, 252 Courtland Avenue, 14215 Claim for loss of garbage cans at 252 Courtland on 8-22-01. $ 30.00 42. Bruce Heatley, 618 Parkside Avenue, 14216 Claim for loss of garbage can at 618 Parkside on 6-12-01. $15.00 43.Mark J. Hecei, 57 Chadduck Avenue, 14207 Claim for loss of garbage cans at 57 Chadduck Avenue on 3-15-01 & 7-22-00. $ 20.00 44.Lucy Hensel, 402 Longnecker, 14206 Claim for loss of garbage can at 402 Longnecker on 5-30-01. $15.00 45.Robert M. Hernandez, Jr. 297 Winspear Avenue, 14215 Claim for loss of four garbage cans at 297 Winspear on 5-28-01.$48.00 46.Florence Herzog, 79 Roseville Street, 14210 Claim for loss of garbage can at 79 Roseville on 6-25-0 1. $ 5.00 47.Judy Jakubowski, 223 Crescent Avenue, 14214 Claim for loss of garbage cans at 223 Crescent on 6-19-01. $25.00 48.Sara H. Mann Kahris, 29 Elam Place, 14214 Claim for loss of garbage can at 29 Elam Place on 6-11 -0 1.$15.00 49.Dennis J. Kasprzyk, 538 Parkside Avenue, 14216 Claim for loss of three garbage cans at 538 Parkside on 6-11-01.$24.00 50.Denise L. Kiblin, 55 Remoleno Street, 14220 Claim for loss if garbage cans at 55 Remoleno on 5-16-01 & 5-30-01.$32.00 51.Robert J. Kramer, 70 Erb Street, 14215 Claim for loss of garbage can at 70 Erb on 5-20-01. $11.00 52.Thomas K. Krehbiel, 465 Woodward Avenue, 14214 Claim for loss of Garbage cans at 465 Woodward on 6-15-01.$ 40.00 53.John W. Leahy Sr., 57 Burbank Terrace, 14214 Claim for loss of garbage can at 57 Burbank on 6-19-01. $10.00 54.James W. Lelsing, 31 Pelham Drive, 14214 Claim for loss of izarbage can at 31 Pelham on 6-13-01. $ 12.00 55.John R. Lock, 75 Radcliffe Road, 14214 Claim for loss of garbage can at 75 Radcliffe Road on 6-13-01. $12.00 56.Mary Louise Lott, 159 Southside Parkway, 14220 Claim for loss of garbage can at 159 Southside Parkway on 6-19-01.$15.00 57.Frank Lowinger, 29 Huntington Avenue, 14214 Claim for loss of three garbage cans at 29 Huntington on 6-12-01.$45.00 58.Mechelle Lumpkin, 59 Hedley Place, 14208 Claim for loss of three garbage cans at 59 Hedley Place on 5-7-01.$29.13 Page 68 01-1002-ss1005.txt 59.Martha S. Maher, 283 Beard Avenue, 14214 Claim for loss of garbage cans at 283 Beard on 6-12-01. $30.00 60.Dennis & Bambi Makowski, 302 Cumberland Avenue, 14220 Claim for loss of garbage can at 302 Cumberland on 5-14-01.$14.00 61.Karen Malcolm, 616 Colvin Avenue, 14216 Claim for loss of garbage can at 616 Colvin on 6-21-01. $14.00 62.Ed Marien, 253 Leroy Avenue, 14214 Claim for loss of six garbage cans at 253 Leroy on 7-17-01 & 7-24-01.$77.64 63.Kathleen, Maszczak, 53 Condon Avenue, 14207 Claim for loss of five garbage cans at 53 Condon on 12-00 & 6-18-01.$ 40.00 64.Robert & Patricia Matyjaszek,- 67 Payne Avenue, 14220 Claim for loss of garbage cans at 67 Payne on 8-8-01. $38.86 65.Georgia Maue, 235 Barton Street, 14213 Claim for loss of garbage cans at 235 Barton on 9-13-01. $22.00 66.David Miller, 90 Roseville Street, 14210 Claim for loss of garbage cans at 90 Roseville on 8-20-01. $25.00 67.Irene N. Molenda, 97 Tyler Street, 14214 Claim for loss of garbage can at 97 Tyler in June 2001. $8.31 68.Christine Morrison, 114 Baitz Avenue, 14206 Claim for loss of garbage cans at 114 Baitz on 5-4-0 1. $40.00 69.Regina O'Connor, 1745 Amherst Street, 14214 Claim for loss of garbage can at 1745 Amherst on 7-30-01. $ 15.00 70.Duane Phlegar, 28 Russell Avenue, 14214 Claim for loss of garbage cans at 28 Russell on 6-12-01. $20.00 71.Samuel Puccio, 25 5 Plymouth Avenue, 14213 Claim for loss of garbage cans at 255 Plymouth in May & July 2001. $18.00 72,Myron Robbins, 230 North Street, 14201 Claim for loss of garbage can at 338 Crescent on 8-7-01.$ 7.00 73.Victor Purpera, 230 North Street, 14201 Claim for loss of garbage cans at 1149 Delaware on 8-14-0 1.$ 19.41 74.Brent Rollins, 183 Glenwood Avenue, 14208 Claim for loss of four garbage cans at 183 Glenwood on 5-7-01.$ 38.83 75.Tina Rosier, 23 Taft Place, 14214 Claim for loss of garbage can at 23 Taft on 8-28-01.$10.00 76.Fatima Saleh, 735 Walden Avenue, 14211 Claim for loss of garbage can at 73 5 Walden on 4- 10-0 1.$9.99 77.James M. Schunk, 7682 Boston State Road, Hamburg New York 14075Claim for loss of garbage cans at 440 West Utica in July 2001.$ 30.21 78.Paul F. Slomba, 31 North Ryan Street# 1, 14210 Claim for loss of garbage can at 31 North Ryan on 5-14-01. $13.00 79.Donald Snyder, 1080 Abbott Road, 14220 Claim for loss of garbage can at 1080 Abbott Road on Page 69 01-1002-ss1005.txt 5-4-01.$15.00 80.Kathleen Soloman, 21 Groveland, 14214 Claim for loss of garbage can at 21 Groveland on 6-20-0 1. $11.99 81.Dana Spratt, 372 Millicent Avenue, 14215 Claim for loss of garbage cans at 8-16-0 1. $12.50 82.Lorri A. Staufenberger, 109 Hayden Street, 14210 Claim for loss of garbage cans at 109 Hayden on 5-7-01. $ 23.74 83.Edward F. Sulowski, 186 Smith Street, 14210 Claim for loss of garbage can at 186 Smith on 7-23-01. $6.00 84.Tara Taylor, 95 Plymouth, 14201 Claim for loss of garbage can at 95 Plymouth on 7-3 1 -0 1. $12.00 85.Daniel Toujie, 40 St. Florian Street, Lower, 14207 Claim for loss of garbage cans at 40 St. Florian on 6-25-01. $40.00 86.Duane Trammell, 40 East Depew, 14214 Claim for loss of garbage cans at 40 E. Depew on 6-19-0 1. $30.00 87.Natalie Trueheart, 245 East Amherst Street, Apt. L241 14214 Claim for loss of garbage can at 245 East Amherst on 9-17-01.$12.00 88.Wendy Washington, 25 5 Sumner Place, 14211 Claim for loss of garbage can at 255 Sumner on 7-3 1 -0 1. $17.00 89.Dora P. Wilson, 632 East Utica Street, 14211 Claim for loss of garbage can at 63 2 E. Utica in May 2001.$ 12.00 90.H. Carl Ward, 3 71 Beard Avenue, 14214 Claim for loss of garbage can at 3 71 Beard on 6-12-01. $ 15.00 91.Yvette Williams, 295 Berkshire Avenue, 14215 Claim for loss of garbage cans at 295 Berkshire on 6-11 -0 1.$ 20.00 92.Caroline Wojcik, 246 Lasalle Avenue, 14215 Claim for loss of garbage cans at 246 Lasalle Avenue on 5-7-01. $25.00 93.Mabel Wood, 1516 Clinton Street, 14206 Claim for loss of garbage can at 1516 Clinton on 5-4-01. $12.00 94.Tammi Yetzer, 647 Minnesota Avenue, 14215 Claim for loss of three garbage cans at 647 Minnesota on 6-1-01. $ 45.00 95. Marguerite Preston Vs. City of Buffalo This matter involves a slip and fall that occurred on Seneca Street near the intersection of Bufflum Street in the City of Buffalo on April 25, 2001. The claimant gave testimony at a'30-h hearing where she claimed to have incurred a twisted right ankle which involved the re-injuring of an ankle that had been broken some time earlier in an unrelated occurrence. The claimant had sought extensive medical care from various medical providers including a hospital emergency room, her family physician and a specialist. Although she makes claim that her medical bills were extensive she Page 70 01-1002-ss1005.txt admits that they were all paid for by her health insurance. The claimant made a reasonable request of $50.00 which represented the amount of her out-of-pocket medical insurance co-payment expense. In light of the claimants willingness to settle this matter for a nominal amount of $50.00. Payment is recommended in the amount of $ 50.00 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended. PASSED AYES - BONAFACIO, COPPOLA, ELLINGTON, FISHER, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, PITTS, WILLIAMS - 11 NOES -FONTANA - 1 NO. 171 BY: MRS. MARTINO SHIFT OF OPERATIONS INTO AN ECONOMIC DEVELOPMENT ZONE Whereas: Inergex, Inc. is a new technology services company in Buffalo, New York started in May, 2000; and Whereas: Inergex, Inc. now employees 41 people from the Western New York area, and Whereas: Physical limitations prevent Inergex, Inc. from remaining at 20 Paul Place in Buffalo beyond 2001 -1 and Whereas: Inergex, Inc. met with the State of Connecticut Development Authority and similar agencies from other states prior to receiving a proposal to remain in New York in close proximity to Buffalo; and Whereas: The City Council Member of the South District has heard comments that extraordinary circumstances existed to warrant the relocation of Inergex, Inc. into the Buffalo Empire Zone. Now, Therefore, Be It Resolved: That the City of Buffalo consents to the relocation of Ingress, Inc,,-A&& the City of Buffalo to the Buffalo Economic Zone. PASSED AYES -12 NOES - 0 NO. 172 BY MRS. MARTINO WAIVE FEES FOR CAZENOVIA PARK AND CAZENOVIA PARK CASINO Whereas On October 23, 2001, from 1:00 pm. to 7:00 p.m. the Southtowns Catholic Cross Country League will host their Second Annual Championship Picnic and Cross Country Race, and Whereas: The Southtowns Catholic Cross Country League is a non-profit group with a limited budget, and Whereas: To announce this special event, the Southtowns Cross Country League is requesting that a waiver be granted for utilizing the Cazenovia Park and Cazenovia Park Casino for their Second Annual Championship Picnic and Cross Country Race. Now, Therefore, Be It Resolved That the Common Council of the City of Buffalo waives all fees associated with the use of Cazenovia Park and Cazenovla Park Casino for the Southtowns Cross Country League to hold their Second Annual Championship Picnic and Cross Country Race on Tuesday- October 23, 2001 from 3:00 p.m. to 7:00 p.m. Mary M. Martino Page 71 01-1002-ss1005.txt PASSED AYES -12 NOES - 0 NO. 173 BY: MR. PITTS -[PUBLIC HEARING-TOPS SUPERMARKET JEFFERSON AND RILEY --URBAN DEVELOPMENT ACTION GRANT] WHEREAS: The Housing and Community Development Act of 1977 authorized the Department of Housing and Urban Development to offer Urban Development Action Grants for community and economic development projects that are unable to secure adequate private financing, and "But For" the UDAG the project could not be completed; and WHEREAS: The proposed Tops Supermarket, Jefferson Avenue and Riley Street Project Urban Development Action Grant requires the approval of the local governing body. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO: 1. That this Common Council will conduct a Public Hearing regarding the UDAG loan for the Tops Supermarket, Jefferson Avenue and Riley Street Project before the Community Development Committee on October 10, 2001, at 10:00 a.m. in the Common Council Chambers; and 2. That the City Clerk is hereby directed to publish a notice similar to the attached and marked "Notice of Hearing" in the Buffalo News and the City Record no later then the 3rd day of October 200 1. ADOPTED NO. 174 BY: COUNCIL PRESIDENT, JAMES W. PITTS UDAG FUNDS [TOPS SUPERMARKET, - FOR THE CONSTRUCTION OF A TOPS SUPERMARKET AT JEFFERSON & RILEY] WHEREAS, the Housing and Community Development Act of 1977 authorizes the United States Department of Housing and Urban Development to offer Urban Development Grants to provide assistance to distressed cities and urban counties to stimulate new or increased private investment for the purpose of revitalizing local economies; and WHEREAS, The United States Department of Housing and Urban Development has published rules and regulations governing the eligibility requirements and administration of Urban Development Action Grants and that this department will soon be considering transferring $500,000.00 of the unused $500,000.00 Ruslander and Son's Inc. UDAG to assist ill funding this project; and WHEREAS, The City of Buffalo satisfies all the eligibility criteria established by the United States Department of Housing and Urban Development; and WHEREAS, Use of UDAG funds for this Project will provide the mechanism through which this local supermarket developer/operator will invest more than $ 5.4 Million of equity to develop a new 29,000 sq. ft. supermarket in the Ellicott Council District. The Ellicott District, is one of the most severely distressed neighborhoods in the City of Buffalo. The site currently is a vacant lot on Jefferson Avenue that is bounded by Riley and Landon Streets. In its current state, the site is a significant source of blight and is deterring the redevelopment of surrounding parcels. Upon completion of the Project, it is anticipated that 20 full time and 80 Page 72 01-1002-ss1005.txt part time jobs will be created over the next three (3) years. WHEREAS, A subsequent request will be submitted to the Department of Housing and Urban Development, under separate cover, asking their approval to transfer the remaining $500,000.00 of the unused Ruslander and Son's Inc. UDAG to provide a financial mechanism to assist in the development costs associated with the Tops Supermarket Project. The new Tops Supermarket will offer its customers the following services products: bill paying, check cashing, ATM, lottery tickets, ticket box office, fresh produce, meat, seafood, carry-out/prepared foods, grocery, health and beauty care products, and general merchandise to meet the needs of this very low income community that has been deprived of such amenities for the past fifteen years. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO: 1 . That the Mayor be and he is hereby authorized, on behalf of the City, to execute and file application to the United States Department of Housing and Urban Development for Urban Development Action Grant assistance. 2.That the Mayor be further authorized to enter into all necessary agreements with the Federal grantor agency to assure the prompt and expeditious implementation of the project grant. 3.That the Mayor, or his duly authorized and appointed representative, is hereby authorized to execute such other materials or take such other action as may be necessary to effectuate the purpose of this grant, and this resolution. 4.That all repayment monies received by the City under such Urban Development Action Grant shall credited to the Buffalo Economic Renaissance Corporation to be eloaned for economic development activities. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 175 BY: MR. PITTS WIRELESS SURCHARGE FUND WHEREAS: Reliable communications is a critical component in the delivery of Police and Emergency Services; and WHEREAS: Some components of the existing public safety communications system in Erie County are aged and fail to meet the current needs of public safety service providers; and WHEREAS: Following extensive study and system design by a broad base of public safety users and technical experts, a recommendation has been made to construct a new public safety communications system in Erie County; and WHEREAS: The proposed 80OMHz system will provide state of the art communications for police, fire and EMS personnel, thus enhancing their communications capability on a daily basis, and during potential or actual disasters; and WHEREAS: Earlier this year proposals were introduced in both the New York State Assembly and Senate on sharing of funds generated by the Wireless Surcharge Fund with counties throughout New York State; and WHEREAS: If enacted this new source of funds from the Wireless Surcharge Fund could generate between 2-3 million dollars to Erie Count, ; and WHEREAS: County Executive Giambra has committed that any revenues made available from the Wireless Surcharge Page 73 01-1002-ss1005.txt Fund will be dedicated to upgrading the public safety communications network in Erie County. THEREFORE BE IT RESOLVED THAT: This Honorable Body fully supports the proposed legislation that would distribute the Wireless Surcharge revenues to counties throughout New York State. BE IT THEREFORE RESOLVED THAT: We are calling on the Western New York Representatives to support the proposed legislation regarding the distribution of Wireless Surcharge dollars. ADOPTED NO. 176 BY: MR. PITTS AND MRS. LOTERNPIO THE CITY OF BUFFALO'S STRATEGY FOR FISCAL SURVIVAL Whereas: The City of Buffalo is currently facing serious financial challenges and has begun preparation of contingency plans based on current state budget negotiations and the potential impact on the City's 2001-02 fiscal year; and Whereas: The City has experienced a substantial decline in positive cash flow in part as a result of several factors, such as the depletion of the Board of Education's cash reserves due to the teachers' settlement and the timing and application of state aid and the use of the city's General Fund monies to assist non-General Fund purposes; and Whereas: The Mayor, Comptroller, and this Common Council have collectively come together in support of a contingency plan that would include no raises for exempt employees, a hiring freeze, a freeze on capital outlay, a moratorium on the 2002 capital budget, delaying payment of grant-in-aid monies rotating the closure of two fire companies and a proposal of 0% increases for all pending union contracts; and Whereas: The City of Buffalo is preparing a strategy for fiscal survival. This strategy involves asking the state for an acceleration of our already budgeted state aid; Now, Therefore, Be It Resolved That: The Buffalo Common Council, the Mayor of the City of Buffalo and the City Comptroller has scheduled a meeting with the Western New York State Delegation on Friday, October 5, 2001, at 1:30 PM, in room 209 City Hall to discuss measures the city and state must take to help the City of Buffalo resolve the City's current fiscal challenges. REFERRED TO THE COMMITTEE ON BUDGET NO. 177 BY: MRS. BARBARA MILLER-WILLIAMS PERMISSION TO HANG "TRINITY WHITE ELEPHANT SALE" BANNER Whereas: The Trinity Episcopal Church is celebrating its Annual "Trinity White Elephant" Sale; and Whereas: Representatives from the Trinity Episcopal Church have requested permission to utilize two street light posts to hang a banner across Delaware Avenue in front of the Trinity Episcopal Church, located at 371 Delaware Avenue from Friday, October 19, 2001 through Saturday, November 10, 2001 in celebration of this event; and Whereas: The Trinity Episcopal Church representatives are familiar with the banner requirements and will purchase the necessary bond before the banner is installed; Now, Therefore, Be It Resolved That: Page 74 01-1002-ss1005.txt This Common Council grants permission to the Trinity Episcopal Church to hang a banner celebrating their Annual Trinity White Elephant Sale on Delaware Avenue in front of the Trinity Episcopal Church, located at 371 Delaware Avenue from October 19, 2001 through November 10, 2001, providing the banner meets the requirements of all pertinent City Departments and ensure that no existing laws or ordinances are violated. PASSED AYES -12 NOES - 0 NO. 178 BY: MS. BARBARA MILLER-WILLIAMS WAIVE PERMIT FEES FOR COMMUNITY INNER CITY ASSOCIATION CRUISE NIGHT ON BROADWAY EVENT Whereas: The Community Inner City Association will be hosting the Inner City Cruise Night on Broadway between 3:00 p.m. and 7:00 p.m. on Sunday, September 30, 2001; and Whereas: Broadway between Johnson Street and Fox Street will be closed to traffic to ensure vehicle and pedestrian safety; and Whereas: Numerous community businesses will be participating in the event, and hope to make it a semi-annual family-oriented event; and Whereas:This event will provide an opportunity for local entrepreneurs and community residents to join together to view and display cars, motorcycles, etc. and to gather safety information from the Educational Traffic Safety Program and the New York State Department of Motor Vehicles; and Whereas: The Community Inner City Association requests that all permit fees for the event be waived; and Now, Therefore, Be It Resolved: That all City Departments including, but not limited to the Departments of Strategic Planning, Public Works, Parks and Streets, and Police, waive all permit fees pertaining to street closure and all other fees associated with sponsoring the Inner City Cruise Night on Broadway, to be held on Sunday, September 30, 2001 from 3:00 p.m. until 7:00 p.m. PASSED AYES -12 NOES - 0 NO. 179 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 t 2002 , conditional .upon the person so. appointed certifying under oath to their qualifications and f ilitk-.4 same -with the City Clerk: JOAN CODY ADOPTED. NO. 180 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in Room 1417 City Hall, Buffalo, New York, unless otherwise noted. Page 75 01-1002-ss1005.txt Regular Committees Committee on Civil Service Tuesday, Oct. 9, 2001 at 9:30 o'clock A.M. Committee on Finance Tuesday, Oct. 9, 2001 following Civil Service Committee on Legislation Tuesday, Oct. 9, 2001 at 2:00 o'clock P.M. Committee on Community Development Wed.,Oct.10,200 at l0:00o'clock Committee on Education Wed., Oct. 10, 2001 at 2:00 o'clock P.M. Special Committees Budget CommitteeWednesday, October 3, 2001 at 10:00 o'clock A.M. in Room 1417 City Hall. EnergyThursday, October 4, 2001 at 10:00 o'clock and 2:00 o'clock P.M. and Friday October 5, 2001 at 10:00 o'clock A.M. in Room 1417 City Hall-Review of Cogeneration-District Heating. Bi-National BridgeThursday, Oct. 11, 2001 at 2:00 o'clock P.M. In Room 1417 City Hall MBECMonday, Oct. 15, 2001 at 10:00 o'clock A.M. In Room 1417 City Hall. Special Committee on Telecommunications Public Hearing-Thursday, October 4, 2001 at 7:00 o'clock P.M. (Public Disclaimer): All meetings are sub-ject 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 making notification of what we are made aware. NO. 181 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Mr. Coppola the Council adjourned 3:20 pm, CHARLES L. MICHAUX, III CITY CLERK COMMON COUNCIL CITY HALL - BUFFALO SPECIAL SESSION FRIDAY, OCTOBER 5,2001 AT 11:00 A.M. PRESENT : James W. Pitts President of the Council, and Council Members Bonifacio, Coppola, Ellington, Fisher, Fontana, Golombek, Grant, LoTempio, Martino, Thompson and Williams - 12. ABSENT-GRAY-1. NO. 1 CALL FOR SPECIAL SESSION Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Seven Councilmembers, dated October 4, 2001, presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hat Buffalo, New York, on, October 5, 2001, at 11: 00 am. for the following purposes: To receive and take appropriate action on items pertaining to: 1. All items regarding the Budgetary Shortfall RECEIVED AND FILED. Page 76 01-1002-ss1005.txt WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 30 of the Charter of the City of Buffalo, for the following purpose: Rosemarie LoTempio Antoine Thompson Barbara Miller-Williams Dominic Bonifacio Jr. Betty Jean Grant Joseph Golombek Mary Martino To receive and take appropriate action on 1. All items concerning Budgetary Shortfall We request that this Special Meeting be held on October 5, 2001 at 11:00 a.m. Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: DOMINIC BONIFACIO KAREN ELLINGTON RICHARD FONTANA BETTY JEAN GRANT ROSEMARIE LOTEMPIO ANTOINE THOMPSON MARK COPPOLA CHARLEY FISHER Ell JOSIEPH GOLOMBEK BEVERLY GRAY MARY MARTINO BARBARA MILLER-WILLIAMS hereby agrees that twenty-four (24) hours' notice be waived of the time and purpose of the Special Meeting of the Common Council duly called to be held on Friday, October 5, 2001 at 11:00 a.m. STATE OF NEW YORK, COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 4th day of October 2001, before me, the subscribers, personally appeared as listed above to me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. CAROL ANN NOWAK Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/02 OFFICE OF THE CITY CLERK YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of seven Councilmembers, dated October 4, 2001, JAMES W. PITTS, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on October 5, 2001 at 11:00 a.m. for the following purpose: TO receive and take appropriate action on 1. All items pertaining to the Budgetary Shortfall NO. 2 BUDGET PROPOSALS Regarding the city's anticipated budget shortfall and trying to improve our cash position during this fiscal year, each Page 77 01-1002-ss1005.txt department was asked for a cost cutting proposal. In order to curb overtime, lessen the impact on morale in the department and to allow me to effectively deploy the departments resources, I suggest the following proposals: Temporarily close on a rotating basis the following fire houses from September 29, 2001, until November 21, 2001: 1.Engine 1, 132 Ellicott St 2.Engine 2, 376 Virginia 3.Engine 10, 40 Ganson 4.Engine 16, Jefferson and Kingsley 5.Engine 19, 209 Forest 6.Engine 21, Jefferson and Kingsley 7.Engine 22, 1528 Broadway 8.Engine 24, 108 Leroy 9.Engine 25, 517 Southside 10.Engine 31, 2025 Bailey 11.Engine 32, 700 Seneca 12.Engine 33, 273 Kehr 13.Engine 34, 2837 Main 14.Engine 35, 1512 Clinton 15.Engine 36,1655 Elmwood 16.Engine 37, 500 Rhode Island 17.Ladder 2, 132 Ellicott 18.Ladder 4, 500 Rhode Island 19.Ladder 5, 700 Swan 20.Ladder 6, Jefferson and Kingsley 21.Ladder 7, 108 Leroy 22.Ladder 9, 376 Virginia 23.Ladder 15, Seneca and Emslie 24.Ladder 14, 2025 Bailey We have also taken the following actions regarding overtime within the department: 1 .Training Bureau-cancelled all night time and weekend training. 2.Fire Prevention-stopped all J Fire Intervention and public relations that generated overtime. 3.E.M.Cotter-shut down operations and will respond only to extreme emergencies and ice breaking duties. 4.Drug Testing-will be conducted during daytime hours only. 5.Office Staff-will not work overtime or receive comp time in lieu of. 6.HazMat-cancelled all night time and weekend training. 7.Halt the practice of calling in officers for vacancies and revert back to acting out of title. The only overtime that will be authorized are those services that are essential to the daily operations vital to the department. Mrs. LoTempio Moved: That pursuant to Section 14-11 of the Charter of the City of Buffalo, effective retroactively from September 29, 2001, until November 21, 2001, the Commissioner of Fire is hereby authorized to close Engine and Ladder Companies on a rotating basis when manpower dictates. No more than two Companies shall close per day. The Companies, which may close, are those listed in the attached communication. During this period, the Commissioner of Fire shall report to the Council regularly and the union, as to the effect of these closings on response times within the City of Buffalo. PASSED. AYES-BONIFACIO, COPPOLA, FISHER, FONTANA, Page 78 01-1002-ss1005.txt GOLOMBEK, GRANT, LOTEMPIO, & PITTS-8. NOES-ELLINGTON, MARTINO, THOMPSON, & WILLIAMS- 4 NO. 3 By: Mr. Pitts ALTERNATIVE TO LAYOFFS Whereas: The Mayor, Comptroller and this Common Council have collectively come together in support of a contingency plan that would include no raises for exempt employees, a hiring freeze, a freeze on capital outlay, a moratorium on the 2002 capital budget, delaying payment of grant-in-aid monies, the rotating the closure of two fire companies and a proposal of 0% increases for all pending union contracts; and Whereas: Through these joint efforts, a meeting with the Western New York State Delegation has been scheduled on Friday, October 5, 2001, at 1:30 PM to request an acceleration of our already budgeted state aid; and Whereas: There has never been a consensus with this Common Council to begin immediately laying off City employees without first exhausting all other possible means to overcome the City's current financial challenge; and Whereas: There are several options the Administration has not yet explored; Now, Therefore, Be It Resolved That: This Common Council requests that the Administration begin to explore the prospect of developing and implementing a four-day work week plan as a means of securing a immediate cash flow and as a alternate to lay-offs. PASSED. AYES-12. NOES-0. NO. 4 ADJOURNMENT At 1:10 P.M., Mrs. LoTempio moved to Adjourn. Seconded by Mr. Fontana. ADOPTED. Page 79