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Home My WebLink About01-1016 01-1016.txt No. 18 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO October 16, 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 01-1016.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 16, 2001 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and Council Members Bonifacio, Brown, Coppola, Ellington, Fisher, Fontana, Golombek Grant, LoTempio, Martino, Thompson and Williams - 12. ABSENT - Gray -1 On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the minutes of the stated meeting held on October 2, 2001 were approved. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 1 MONTHLY REPORT FROM THE DIVISION OF CITIZEN SERVICES (MAYOR'S COMPLAINT HOT LINE) Dear Members of Buffalo's Common Council: Page 2 01-1016.txt Attached is the September, 2001 activity report from the Division of Citizen Services. Complaint calls and or service calls, were dramatically down in September, compared to July and August. Two possible reasons for the decrease in calls could be contributed to the drop in garbage tote change requests and a reduction in calls following the September 11 th terrorist attacks. Calls in all categories except garbage and refrigerator pick ups were significantly down. As we complete the bulk trash scheduled pick ups and prepare for the winter month, garbage and refrigerator calls should decrease. User Fee bills are being mailed for the October - December billing period, which with generated calls for a one to two week period. The division hopes that the Council finds the attached information to be useful. ATTACHMENTS RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO. 2 MARMAT INC. 2176-2180 GENESEE ST. HUMAN SERVICE FACILITY ITEM NO. 86, C.C.P. 10/2/2001 The City Planning Board at its regular meeting held Tuesday, October 9, 2001, considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to convert an existing office/warehouse into a human service facility for developmentally disabled adults at 2176-2180 Genesee Street The Planning Board voted to communicate a finding of no concentration of similar uses within « mile radius of the site. RECEIVED AND FILED NO. 3 CITY OF BUFFALO 1171 MICHIGAN AVE. HUMAN SERVICE FACILITY ITEM NO. 87, C.C.P. 10/2/2001 The City Planning Board at its regular meeting held Tuesday, October 9, 2001, considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to construct a 12 bed, two story building, with parking, for transitional housing and support services for homeless single parent teens at 1171 Michigan Avenue. The Planning Board voted to communicate a finding of no additional concentration of similar uses within '-~ mile radius of the site and would recommend that the Common Council condition its approval on Design and site plan approval by the City Planning Board. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 4 CITY EMPLOYEES OR RELATIVE(S) OF CITY EMPLOYEE RECEIVING REHAB. LOAN OR Page 3 01-1016.txt NEW HOUSING LOANS Mary Mazurek 23 St. Stephens Street Purchasing 32 Melrose Avenue Ms. Mazurek's brother, James Mazurek, works for the Streets Department. Esther Jackson 82 Courtland Ave Buffalo New York 14215 Ms. Jackson is a Teacher's Assistant with the Board of Education. Kenneth Pitts Purchasing 207 Hazelwood Ave. Mr. Pitts is a Laborer for the Parks Department. Maureen Barren 94 O'Connell Buffalo New York 14204-2710 Ms. Barren's sister, Eileen Heidinger, is employed as a Teaching Assistant for the Board of Education. Her brother, Michael Barren, is a Firefighter in the Buffalo Fire Dept. Her brother-in-law, Paul Heidinger is an Engineer in Housing. Alan T. Jackson 183 Berkshire Avenue Buffalo New York 14215 Alan T. Jackson is employed by the City of Buffalo as a Police Officer. Judy Vona 227 Gold Street Buffalo New York 14206 Ms. Vona is employed by the City of Buffalo, Dept. of Strategic Planning, as a Loan Specialist Aide. Christopher Flynn 233 Prospect Avenue Buffalo New York 14213 Mr. Flynn is employed by Precision Logistics of the City of Buffalo. Stacey Grant 26 Minnesota Avenue Buffalo New York 14214 Mother, Betty Jean Grant, is University District Councilmember. Essie Allen 295 Northampton St Buffalo New York 14208 Son, David Allen is employed by the Board of Education in Maintenance. Daughter, Dorothy Johnson, is employed by the Board of Education as a Clerk. Deidre Watts 254 Hagen Street Buffalo New York 14215 Sister, Susan Watts, is employed by the City of Buffalo as a Stenographer in the Common Council. Candace Moppins 95 Leonard Street Buffalo New York 14215 Candace Moppins is employed by Kensington/Bailey NHS as a Homeownership Coordinator. Joseph Drzazga 1214 Seneca Street Buffalo New York 14210 Son, Henry Drzazga, is a Dispatcher in the Streets Department. Jennifer Cancel 356 Hampshire Street Buffalo New York 14213 Mother, Maria Rivera, is employed by the Board of Education as a Teacher. Aunt, Nancy Cruz, is employed by the Board of Education as a Teacher's Aide. Angel M. Rivera 368 Rhode Island Buffalo New York 14213 Wife, Sonia Rivera is employed by the Board of Education as a Teacher's Aide. Sister-in-law, Miriam Rivera, is employed by the Board of Education as a Teacher's Aide. Carmella G. Harris 55 Laurel Street Buffalo New York Carmella Harris is a nurse employed by the Community Action Organization Her mother, Dorothy Harris, is employed by the Buffalo Urban League. Cynthia Greene 398 Goodyear Avenue Buffalo New York Property: 51 Langfield Drive Ms. Greene is a Recreation Leader for C.R.U.C.I.A.L. (1609 Genesee St). Laura Kazmierczak 8 Fernwood West Seneca New York Purchasing 345 Weimar St Ms. Kazmierczak is employed as a Dispatcher for the Buffalo Fire Department. Esther Jackson 82 Courtland Ave Buffalo New York 14216 Ms. Jackson is a Teacher's Assistant with the Board of Education. Kenneth Pitts Purchasing 2D7 Hazelwood Ave. Mr. Pitts is a Laborer for the Parks Department. Deldre Watts 254 Hagen Street Buffalo New York 14215 Ms. Page 4 01-1016.txt Watt's sister, Susan Watts, is employed by the City of Buffalo, Common Council, as s Stenographer. RECEIVED AND FILED NO. 5 HEWITT ROBBINS ENVIRONMENTAL CLEANUP (ITEM NO. 98 , C.C.P. 2/6/01) Your Honorable Body has requested information regarding the City-owned site located at 240 Kensington Avenue. In April 1999 a Phase 11 environmental site investigation was performed by Benchmark Environmental Engineering and Science, PLLC. The property is the site of former Hewitt Robbins foam rubber products manufacturing facility. According to the Consultant, "the results revealed no recognized evidence of a chemical release or other signs of an acute chemical exposure pathway." While the report indicated certain components (namely PAHs) were present above New York State residential cleanup goals, the report also stated that the levels detected were not uncommon in urban properties of this type. The proposed development of this site never occurred. Since that time, our records indicate that the City has undertaken no additional activity. Whether any further activity is required prior to development will be dictated by the future use of the site. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE DIVISION OF STRATEGIC; PLANNING NO. 6 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND NORTHWEST BUFFALO COMMUNITY CENTER, INC., MUNCHLDNLAND DAY CARE CENTER FOR USE OF 902-904 TONAWANDA STREET ITEM NO. 15, C.C.P. 12115/98 Pursuant to Item No. 15, C.C.P. 12/15/98, Your Honorable Body authorized a three (3) year lease agreement between the City of Buffalo and Northwest Buffalo Community Center, Inc. Munchldnland Day Care Center for use of 902-904 Tonawanda Street. This lease commenced on October 1, 1998 and expired on September 30, 2001. The Division of Real Estate has received notice from Lawrence Pemick, Executive Director, of the Northwest Buffalo Community Center requesting to renew the lease agreement for the Munchkinland Day Care Center for an additional three year period under the same terms and conditions as the expired lease. This office recommends that Your Honorable Body renew their present lease agreement for an additional three-year period commencing retroactively on October 1, 2001 and terminating on September 30, 2004. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. Mrs. LoTempio Moved: That the above communication from the Office of Strategic Planning dated October 4, 200 1, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to renew the lease between the City and Northwest Buffalo Community Center, Inc., for use of 902-904 Tonawanda Street for an additional three (3) year Page 5 01-1016.txt term commencing on October 1, 2001 and expiring September 30, 2004. That the Corporation Counsel be authorized to prepare the necessary renewal lease and that the Mayor be authorized to execute the same. PASSED AYES -12 NOES - 0 NO. 7 TRANSFEROF TITLE, URBAN HOMESTEAD PRO GRARN 14 FARGO (CITY OWNED-VACANT LOT, DIMENSIONS 2 8' X 130') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 14 Fargo Avenue, Buffalo, New York 14201, parcel is 28' x 130' 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. Carmen M. Rivera residing at 16 Fargo Avenue indicated that he will clean, improve and maintain the lot in the event that he obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no proper code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr. Carmen Rivers on the condition that the property is months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 8 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 220 GUILFORD (CITY OWNED-VACANT LOT, 30 X 115') The Office of Strategic Planning has surveyed the city-owned vacant lot at 220 Guilford Street, Buffalo New York 14211, parcel is 30' x 115' in dimension; and it has been determined that this; parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Kevin Bussue and Mrs. Linda Bussue residing at 224 Guilford Street indicated that they will clear improve and maintain the lot in the event that they obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no proper code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Proper and be transferred to Mr. and Mrs. Bussue on the condition that the property is cleared and improved within months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 9 TRANSFEROF TITLE, URBAN HOMESTEAD PROGRAM 362 KOONS (CITY OWNED-VACANT LOT) LOT SIZE: 30' X 113' Page 6 01-1016.txt TYPE IN UPPER AN I LOWER CASE ONLY 1366 KOONS (CITY OWNED -VACANT LOT) LOT SIZE: 30' X 113' The Office of Strategic Planning has surveyed the city-owned vacant lots at 362 and 366 Koons Avenue, and it has been determined that these parcels cannot be sold, and are not needed for public purposes. Mr. Hollis J. Perry, Jr. owns and resides at 368 Koons Avenue, which is adjoining to 362 and 366 Koons Avenue. He has requested to homestead these two (2) vacant City-owned lots. Mr. Perry intends to clean t area and use for extra yard space. The Division of Inspections and Division of Collections have been contacted. There are no proper code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lots be designated as Homestead Properties be transferred to Mr. Hollis Perry on the condition that the properties are cleared and improved within six months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 10 INTERFUND LOANS, CAPITAL BUDGET It is my unfortunate duty to caution everyone that during this period of uncertainty regarding state aid to the City of Buffalo and the Board of Education, my office will not process any interfund loans for capital projects even if they comply with my previously announced capital debt ceiling. The only loan requests that will be processed during this time are for projects where there is already a contract in place and we are contractually obligated to continue the work. No new projects can begin, on the city side or schools side, and department heads should review existing contracts to determine which may be broken in the event of the worst case scenario regarding state aid. I hope this memorandum will clear up any misconceptions regarding the current state of cash availability. Until we receive notice of the timing and amount of state aid for the current fiscal year, we are not in a position to make any meaningful projections on our cash position. What we do know at this time is that we have a razor thin cash position that could be compromised further if state aid payments come in short of the requested amounts. This message is intended to reinforce the seriousness of the city's cash position for all concerned parties. A number of steps have already been taken by Mayor Masiello, with the support of the Common Council leadership, to reduce our dependency on state aid because of the likelihood we will not receive the full amount being sought. My interfund loan policy is meant to conserve our cash standing as part of that effort. I would like to thank you in advance for your cooperation, and if you have any questions about this policy please contact my office. REFERRED TO THE COMMITTEE ON BUDGET NO. 11 ROBERT ADAM AND Page 7 01-1016.txt & AUGSPURGER ADDITION LOANS Over the last seven years, the Board of Parking has used reserve funds to implement financing of the Capital Improvements Budget. These loans are repaid when Bond Anticipation Notes or Bonds are issued to finance these projects. Please note that this is NOT an interfund loan, but a withdrawal against a reserve fund. As of today, we have one request for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve three cash loans from the Parking Reserve Account to the Parking Capital Projects Fund in the total amount of $1,290,000 against the 2000-2001 Bond Resolutions: "Expansion of Robert B. Adam Parking Ramp" passed for $7,682,455 and "Augspurger Parking Ramp Addition" passed for $13,636,464. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. Both of these projects are on the active list of bonds to be sold in the next bond sale. The Council is reminded that Parking Capital Debt is paid from Parking revenues and consequently, Parking debt does not fall under the Comptroller's Capital Budget Cap. Parking Capital Debt also receives a separate bond rating from that of the City or the Board. From To ORG Repay Date Total 5 100 Parking5 100 Parking 51019036 BAN/Bond Sale $330,000.00 5 100 Parking5 100 Parking 51019046 BAN/Bond Sale $510,000.00 5 100 Parking5 100 Parking 51019046 BAN/Bond Sale $450,000.00 Total$1,290,000.00 The Enterprise Fund Parking Account 51000000-253100 will transfer $960,000 to Enterprise Fund Parking Account 51019046-445100 and $330,000 to Enterprise Fund Parking Account 51019036-445100. On 10/09/01, Account 51000000-253100 had the funds necessary to complete this transfer. Mrs. LoTempio moved: That the above communication from the Comptroller dated October 9, 2001, be received and filed; and That the Common Council approve three cash loans from the Parking Reserve Account to the Parking Capital Projects Fund in the total amount of $1,290,000 against the 2000-2001 Bond Resolutions: "Expansion of Robert B. Adam Parking Ramp" passed for $7,682,455 and "Augspurger Parking Ramp Addition" passed for $13,636,464. The loans will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED AYES -12 NOES - 0 NO. 12 CERTIFICATE OF APPOINTMENT Appointment Effective: 10/2/01 In the Department of: Audit and Control Division of: Audit to the Position of: Supervising Auditor Temporary Promotion at the Intermediate Starting Salary of: $ 45,170 John Misso, 115 Schiller Street, Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE PRESIDENT OF THE COUNCIL Page 8 01-1016.txt NO. 13 HISCOCK & BARCLAY, LLP- RIGHTEOUS BABE RECORDS, INC. - PURCHASE OF ASBURV-DELAWARE METHODIST CHURCH -REQUEST FOR EXTENSION AS REDEVELOPER OF RECORD TO DECEMBER 31, 2004/ MARCH 3 1 2002 Gentlemen: On behalf of Our client Righteous Babe Records, Inc., (hereafter "RB"), we respectfully request an extension of the designation of the Righteous Babe Records, Inc., Lis Redeveloper of' the Asbury- Delaware Methodist Church property for a period of approximately 90/120 days. RB was designated Redeveloper of Record on December 14, 2000, which designation was extended upon application by RB to September 28th, 2001. Our letter to You Of June 14, 2001 (copy attached) set forth the reasons why the Current extension was being requested. Having been granted that extension, RB has undertaken and completed the following tasks: 1. RB's architects, Flynn-Battaglia have completed detailed drawings of the exterior and interior of the church building. These drawings arc keyed to areas of work to be performed together with a narrative describing the work and the cost thereof. This information and analysis ID is critical to the City's assessment of the cost of external restoration Of tile church structure. Laser technology provided by Quantapoint of Pittsburgh, paid for by RB at a cost in excess of ID $17,000, was essential in providing this information. Z-1) 2. In a recent meeting with Commissioner Ryan, RB submitted plans for tile construction of its office facilities and the cost thereof Again, Quantapoint data was used to provide an accurate basis for measurement and costs to be borne by RB In the amount of $1,283,186.00. 3. In the recent meeting with Commissioner Ryan, RB Submitted designs for construction of a "performance space" in the nave of the Church building. Included were conceptual drawings of the performance space. The cost of constructing the performance space was discussed at some length with the Commissioner in tern-is of a possible private/public partnership for the use of the space. The cost of construction could be shared based on the City's desire to participate in the use of the space. This will require future discussion. 4. RB has identified, both in drawing and in narrative, specific locations on the roof and towers of the Church building which are in need of immediate repair. The estimated costs of these repairs is approximately $60,000. R13 IS Willing to undertake tile repair, as well as the expense, in order to avoid further deterioration and damage to the exterior and interior of the building. This undertaking by RB will require review and approval by the Commissioner of Public Works who has been apprised of RB's intention in this regard. 5. Along with large exhibit boards providing details of the above information, RB has provided a time line for all elements of construction. In order to permit the City and its various departments to review the documents and text Submitted to the Commissioner and for the City and RB to explore various Page 9 01-1016.txt financial, arrangements (Including tile use of historic tax credits), we believe ail additional three (3) to six (6) months will be required to reach closure on the sale of the Church structure to RB. As that moment draws closer, the importance of this project is accompanied by Mounting enthusiasm for its realization. RB envisions that the interior and exterior of the church building will be illuminated during all of the hours that our City Hall IS Illuminated. The once vital Asbury Delaware Methodist Church will be both day and night the landmark that defines the entry to the Theater District and Our rejuvenated downtown area. We look forward to making a full presentation to You and your staffs at your earliest convenience. We respectfully request an extension of RB's designation as Redeveloper of Record to December 31st, 2001 or March 31st, 2002, as the City deems appropriate. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 14 BUFFALO & FORT ERIE PUBLIC BRIDGE AUTHORITY'S BI-NATIONAL INTEGRATED ENVIRONMENTAL PROCESS Dear Honorable Mayor Masiello and Honorable Comm n council President Pitts: The Bi-National Integrated Environmental Process (P I NIEP) will be undertaken in compliance with all procedural and content requirements of: National Environmental Policy Act (NEPA) - US Federal Law State Environmental Quality Review Ad (SEQRA) - NY State City Environmental Review Ordinance ("'OERO) - City of Buffalo Canadian Environmental Assessment Act (CEAA) - Canadian Federal Law The City of Buffalo's Environmental Review Ordinance ("CERO") designates specific departments or divisions of City Government1o act as Lead Agency for purposes of implementing the environmental review required by the ordinance. In reviewing CERO it is not readily apparent which entity, department or division would automatically be designated Lead Agency. The Authority believes that, given the scope of the proposed project and the automatic designations set out in the Ordinance, it would be most appropriate for the Mayor's Office and the Common Council, jointly, to act as Co-Lead Agencies for the purposes of implementing CERO. This letter serves as our official request that the Mayors Office and the Common Council be designated Joint Lead Agencies, under CERO. We respectfully request that you acknowledge in writing, your assent to act as Joint Lead Agencies for the purpose of implementing the City Environmental Review Ordinance. If you or your staff have any questions or wish to discuss this matter in greater detail please contact Vincent "Jake" Lamb, Project Manager of the BNIEP at 716-853-6940 ext 227 REFERRED TO THE SPECIAL COMMITTEE ON BINATIONAL BRIDGES AND THE CORPORATION COUNSEL NO. 15 THE PEACE BRIDGE BUFFALO & FORT ERIE PUBLIC BRIDGE AUTHORITY'S BI-NATIONAL INTEGRATED ENVIRONMENTAL Page 10 01-1016.txt PROCESS EMINENT DOMAIN COLLABORATOR As you know, the Buffalo and Fort Erie Public Bridge Authority (PBA) is undertaking a Bi-National Integrated Environmental Process to consider alternatives and define a plan for capacity expansion of the Peace Bridge. There is a fundamental need that the capacity expansion plan be doable. This will require that the project plan be defined consistent with the laws and process governing the Bi-National Integrated Environmental Process (BNIEP); that the selected project plan be buildable from a financial standpoint; and that the capability to acquire the necessary property and easements be demonstrated. The PBA does not have the powers of eminent domain. Therefore the PBA cannot acquire property by any other means than through negotiation. To assure that any alternative that may be ultimately selected through the BNIEP is doable, we need the help and cooperation of agencies that do have such powers of eminent domain. We Believe that the City of Buffalo and County of Erie! have the jurisdiction and the authority to undertake the required condemnations for this project, either directly or through an appropriate City or County Agency, despite the fact that the authority is a private agency. New York State Eminent Domain Procedure Law ("EDPL") permits a public entity to take the property with just compensation for public use. First Broadcasting v. the City of Syracuse, 78 A.D.5d. 490 (4 Dept. 1981). The United States Supreme Court and the majority of states have recognized that even in cases where property is conveyed to a private party for development, a "public use"' will be found if the transfer will benefit the general or public welfare of the community. In Berman v. Parker, for example, the U.S. Supreme Court allowed the District of Columbia Redevelopment Agency to condemn large areas of the Capital and to transfer the properties to private developers. The Court found that "the, use of private enterprise for redevelopment of the area" was simply one way of achieving the Redevelopment Agency's overall public purpose of urban renewal. 348 U.S. at 33. New York Courts have likewise recognized the use 0' f private development as a vehicle to achieve public use. In Courtesy Sandwich Shop v. Port of New York Authority, the Court of Appeals found that the Port Authority's eminent domain powers were properly exercised where it condemned several neighborhoods to clear an area for the World Trade Center. The Court facilitating the flow of commerce and centralizing activity incident thereto is a public purpose supporting the condemnation of property for any activity functionally related to that purpose. " The World Trade Center development was linked to series of improvements to lower Manhattan and New York Harbor. The Court found that it did not matter that the Port Authority intended to use the World Trade Center to produce revenue to support its other activities. A survey of other New York cases supports functionally public projects in which private parties assume control of condemned properties. see for example: sun Co. v. City of Syracuse Industrial Development Agency, 209 A. D.2d 34 (4 th Dept. 1995) (Fourth Department approved condemnation of private lakefront property for the Carousel Landing Project as serving public purposes where SIDA entered into an agreement that provided that the agency would condemn property upon developer's commitment to redevelop.) Court Page 11 01-1016.txt found that the arrangement served the agency's public purpose of Lakefront development.; Matter of Waldo's, Inc. v. Village of Johnson City, 74N.Y 2d718 (1989) (Court of Appeals found condemnation did not violate Eminent Domain Procedural Law where a four way intersection would clearly benefit private developer and private developer contributed $1.5 million to the project); Matter of Northeast Parent & Child Society, Inc v. City of Schenectady Industrial Development Agency, 114 A.D.2d 741 (3"' Dept. 1985) (Condemnation of private school was appropriate where site was ideal for industrial development and public purpose of increased tax revenue and economic stimulation would be served by private industrial development). We are aware that the City and/or County may not legally commit to the condemnation of any property at this point in the process. However, we respectfully request that the City and/or County acknowledge that it may exercise its eminent domain powers to acquire property, subject to all legal requirements, to the extent land acquisitions are necessitated by the final, approved project plan. We look forward to your early and positive response. Please contact Vincent "Jake" Lamb, Project Manager of the BNIEP at (71p) 853-6940 ext. 227 if you have any questions or wish to discuss this in greater detail. REFERRED TO THE SPECIAL COMMITTEE ON BINATIONAL BRIDGES AND THE CORPORATION COUNSEL FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 16 NOTIFICATION SERIAL #9339 NO STANDING - REPEAL ON MAIN STREET, WEST SIDE BETWEEN HUMBOLDT PARKWAY AND WEST DELAVAN AVENUE NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF PROHIBITED PERIOD - DAILY HIGHWAY Main Street, west side At all times between Humboldt Parkway and West Delavan Avenue This action is being taken in response to traffic pattern changes created by Medaille College, Mount Saint Joseph's Academy and Canisius College. These changes will provide for the safer movement of vehicles and pedestrians accessing these institutions. The changes will be facilitated by the creation of a striped median island with dedicated left turn lanes. (see next 16 serials) NOTIFICATION SERIAL #9340 NO STANDING - REPEAL ON MAIN STREET, WEST SIDE Page 12 01-1016.txt BETWEEN WEST DELAVAN AVENUE AND 145' SOUTH THEREFROM NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAYPROHIBITED PERIOD - DAILY Main Street, west sideAt all times between West Delavan Avenue and 145' south therefrom This action is being taken in response to traffic pattern changes created by Medaille College, Mount Saint Joseph's Academy and Canisius College. These changes will provide for the safer movement of vehicles and pedestrians accessing these institutions. The changes will be facilitated by the creation of a striped median island with dedicated left turn lanes. (see last and next 15 serials) NOTIFICATION SERIAL #9341 NO STANDING - REPEAL ON MAIN STREET, WEST SIDE BETWEEN WEST DELAVAN AVENUE NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAYPROHIBITED PERIOD - DAILY Main Street, west side7 A.M.- 10 A.M. between a point 145' south of West Except Sunday Delavan Avenue and a point 150' north of Balcom Street This action is being taken in response to traffic pattern changes created by Medaille College, Mount Saint Joseph's Academy and Canisius College. These changes will provide for the safer movement of vehicles and pedestrians accessing these institutions. The changes will be facilitated by the creation of a striped median island with dedicated left turn lanes. (see last 2 serials and next 14 serials) NOTIFICATION SERIAL #9342 PEM-IISSIVE PARKING - REPEAL ON MAIN STREET, WEST SIDE BETWEEN WEST DELAVAN AVENUE AND BALCOM. STREET PERMISSIVE PARKING - REPEAL Page 13 01-1016.txt In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOCATIONPERIOD OF PERMISSIVE PARKING - DAILY Main Street, west sideI hour parking between a point 145' south of West 10 A.M. - 7P.M. Delavan Avenue and a point 150' north of Balcom StreetExcept Sunday This action is being taken in response to traffic pattern changes created by Medaille College, Mount Saint Joseph's Academy and Canisius College. These changes will provide for the safer movement of vehicles and pedestrians accessing these institutions. The changes will be facilitated by the creation of a striped median island with dedicated left turn lanes. (see last 3 serials and next 13 serials) NOTIFICATION SERIAL #9343 INSTALL NO PARKING ON MAIN STREET, WEST SIDE BETWEEN HUMBOLDT PARKWAY AND LAFAYETTE AVENUE NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Main Street, west side between At all times Humboldt Parkway and Lafayette Avenue This action is being taken in response to traffic pattern changes created by Medaille College, Mount Saint Joseph's Academy and Canisius College. These changes will provide for the safer movement of vehicles and pedestrians accessing these institutions. The changes will be facilitated by the creation of a striped median island with dedicated left turn lanes. (see last 4 serials and next 12 serials) NOTIFICATION SERIAL #9344 INSTALL NO STANDING ON MAIN STREET, WEST SIDE BETWEEN LAFAYETTE AVENUE AND BALCOM STREET NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on Page 14 01-1016.txt the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Main Street, west side between Lafayette 7 A.M. - 10A.M. Avenue and a point 150' north of Except Sunday Balcom Street This action is being taken in response to traffic pattern changes created by Medaille College, Mount Saint Joseph's Academy and Canisius College. These changes will provide for the safer movement of vehicles and pedestrians accessing these institutions. The changes will be facilitated by the creation of a striped median island with dedicated left turn lanes. (see last 5 serials and next 11 serials) NOTIFICATION SERIAL #9345 INSTALL PERMISSIVE PARKING ON MAIN STREET, WEST SIDE BETWEEN LAFAYETTE AVENUE AND BALCOM STREET PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: PERMISSIVE PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY Main Street, west side between1 hour parking Lafayette Avenue and a point 150' 10 A.M. - 7P.M. north of Balcom Street Except Sunday This action is being taken in response to traffic pattern changes created by Medaille College, Mount Saint Joseph's Academy and Canisius College. These changes will provide for the safer movement of vehicles and pedestrians accessing these institutions. The changes will be facilitated by the creation of a striped median island with dedicated left turn lanes. (see last 6 serials and next 10 serials) NOTIFICATION SERIAL #9346 NO STANDING - REPEAL ON MAIN STREET, EAST SIDE BETWEEN GLENDALE PLACE AND DEWEY AVENUE NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - Page 15 01-1016.txt DAILY Main Street, east side between At all times Glendale Place and Dewey Avenue This action is being taken in response to traffic pattern changes created by Medaille College, Mount Saint Joseph's Academy and Canisius College. These changes will provide for the safer movement of vehicles and pedestrians accessing these institutions. The changes will be facilitated by the creation of a striped median island with dedicated left turn lanes. (see last 7 serials and next 9 serials) NOTIFICATION SERIAL #9347 NO STANDING - REPEAL ON MAIN STREET, EAST SIDE BETWEEN EASTWOOD PLACE AND GLENDALE PLACE NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY Main Street, east side between At all times Eastwood Place and Glendale Place This action is being taken in response to traffic pattern changes created by Medaille College, Mount Saint Joseph's Academy and Canisius College. These changes will provide for the safer movement of vehicles and pedestrians accessing these institutions. The changes will be facilitated by the creation of a striped median island with dedicated left turn lanes. (see last 8 serials and next 8 serials) NOTIFICATION SERIAL #9348 NO STANDING - REPEAT ON MAIN STREET, EAST SIDE BETWEEN JEFFERSON AVENUE AND EASTWOOD PLACE NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY Main Street, east side between At all times Jefferson Avenue and Eastwood Place This action is being taken in response to traffic pattern changes created by Medaille College, Mount Saint Joseph's Academy and Canisius College. These changes will provide for the safer movement of vehicles and pedestrians Page 16 01-1016.txt accessing these institutions. The changes will be facilitated by the creation of a striped median island with dedicated left turn lanes. (see last 9 serials and next 7 serials) NOTIFICATION SERIAL #9349 NO STANDING - REPEAL ON MAIN STREET, EAST SIDE BETWEEN EAST DELAVAN AVENUE AND JEFFERSON AVENUE NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY Main Street, east side between East 4 P.M. - 6:30 P.M. Delavan Avenue and Jefferson AvenueExcept Sunday This action is being taken in response to traffic pattern changes created by Medaille College, Mount Saint Joseph's Academy and Canisius College. These changes will provide for the safer movement of vehicles and pedestrians accessing these institutions. The changes will be facilitated by the creation of a striped median island with dedicated left turn lanes. (see last 10 serials and next 6 serials) NOTIFICATION SERIAL #9350 PERMISSIVE PARKING - REPEAL ON MAIN STREET, EAST SIDE BETWEEN EAST DELAVAN AVENUE AND JEFFERSON AVENUE PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING - DAILY Main Street, east side between 2 hour parking East Delavan Avenue and 7 A.M. - 4P.M. Jefferson AvenueExcept Sunday This action is being taken in response to traffic pattern changes created by Medaille College, Mount Saint Joseph's Academy and Canisius College. These changes will provide for the safer movement of vehicles and pedestrians accessing these institutions. The changes will be facilitated by the creation of a striped median island with dedicated left turn lanes. (see last 11I serials and next 5 serials) Page 17 01-1016.txt NOTIFICATION SERIAL #9351 NO STANDING - REPEAL ON MAIN STREET, EAST SIDE BETWEEN EAST DELAVAN AVENUE AND A POINT 150' SOUTH THEREFROM NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY Main Street, east side between At all times East Delavan Avenue and a point 150' south therefrom This action is being taken in response to traffic pattern changes created by Medaille College, Mount Saint Joseph's Academy an( Canisius College. These changes will provide for the safer movement of vehicles and pedestrians accessing these institutions. The changes will be facilitated by the creation of a striped median island with dedicated left turn lanes. (see last 12 serials and next 4 serials) NOTIFICATION SERIAL #9352 NO STANDING - REPEAL ON MAIN STREET, EAST SIDE BETWEEN FLORIDA STREET AND EAST DELAVAN AVENUE NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY Main Street, east side between a 4 P.M. - 6:30 P.M point 70' north of Florida Avenue Except Sunday and a point 150' south of East Delavan Avenue This action is being taken in response to traffic pattern changes created by Medaille College, Mount Saint Joseph's Academy and Canisius College. These changes will provide for the safer movement of vehicles and pedestrians accessing these institutions. The changes will be facilitated by the creation of a striped median island with dedicated left turn lanes. (see last 13 serials and next 3 serials) NOTIFICATION SERIAL #9353 PERMISSIVE PARKING - REPEAL ON MAIN STREET, EAST SIDE BETWEEN FLORIDA AVENUE Page 18 01-1016.txt AND EAST DELAVAN AVENUE PERMISSIVE PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: PERMISSIVE PARKING PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING - DAILY Main Street, east side between a 2 hour parking point 70' north of Florida Avenue and 7 A.M. - 4P.M. a point 150' south of East Delavan Ave Except Sunday This action is being taken in response to traffic pattern changes created by Medaille College, Mount Saint Joseph's Academy and Canisius College. These changes will provide for the safer movement of vehicles and pedestrians accessing these institutions. The changes will be facilitated by the creation of a striped median island with dedicated left turn lanes. (see last 14 serials and next 2 serials) NOTIFICATION SERIAL #9354 INSTALL NO PARKING ON MAIN STREET, EAST SIDE BETWEEN KENSINGTON AVENUE AND MASTEN AVENUE NO PARKING -INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Main Street, west side between Kensington At all times Avenue and Masten Avenue This action is being taken in response to traffic pattern changes created by Medaille College, Mount Saint Joseph's Academy and Canisius College. These changes will provide for the safer movement of vehicles and pedestrians accessing these institutions. The changes will be facilitated by the creation of a striped median island with dedicated left turn lanes. (see last 15 serials and next serial) NOTIFICATION SERIAL #9355 INSTALL NO STANDING ON MAIN, EAST SIDE BETWEEN DEWEY AVENUE AND KENSINGTON AVENUE NO STANDING - 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, Page 19 01-1016.txt amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Main, east side between Dewey Avenue At all times and Kensington Avenue This action is being taken in response to traffic pattern changes created by Medaille College, Mount Saint Joseph's Academy and Canisius College. These changes will provide for the safer movement of vehicles and pedestrians accessing these institutions. The changes will be facilitated by the creation of a striped median island with dedicated left turn lanes. (see last 16 serials) NOTIFICATION SERIAL # 9356 INSTALL STOP SIGNS (POLICE EMERGENCY) IN WOHLERS AVENUE AT KINGSLEY STREET STOP SIGNS (ALL-WAY) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business, That that part of Subdivision 9 Section I I of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Wohlers AvenueKingsley Street 9339 TO 9355 REFERRED TO THE COMMITTEE ON LEGISLATION, # 9356 DENIED NO. 17 REPORT OF BIDS BUFFALO PLACE INFRASTRUCTURE IMPROVEMENTS PHASE 1, GROUP #576 ITEM 4126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids for Buffalo Place lnfrastrucutre - Phase 1, Group #576. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base BidUnit Price Increase Titan Development$146,345.00 $160,979.50 8534 Seaman Road, Gasport, NY 14067 E & R General Construction, Inc.$152,875.00 S168,162.50 38 St. David's Drive, West Seneca, NY 14224 A.B.P. Concrete Construction, Inc.$154,412.50 $169,853.75 3407 Delawrae Ave., Kenmore, NY 14217 Page 20 01-1016.txt *P & J Construction Co., Inc.$158,134.50 $173,947.95 709 Pleasant Vew Dr., Lancaster, NY 14086 North America Construction Co., Inc.$204,100.00 $224,510.00 P.O. Box 147, Clarence, NY 14032 Man O'Trees, Inc. $249,487.50 $274,436.25 78 Lotus Bay, Irving, NY 14081 *Master's Edge, Inc.$258,427.00 $284,269.70 1807 Elmwood Ave., NY 14207 Sicar, Inc. $444,705.00 $489,175.50 1128 Jamison Rd., Elma, NY 14059 I hereby certify that the lowest responsible bidder for the above project is Titan Development Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $160,979.50 ($146,345.00 Base Bid + $14,634.50 10% unit price increase = $160,979.50 Total Award). Funds for this work are in Capital Project Account #30032106-445 100. The engineer's estimate for this work is $150,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by November 9, 2001. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 2, 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 Buffalo Place Infrastructure Improvements, Phase 1, Group #576 to Titan Development, the lowest responsible bidder, in an amount of $160,979.50, ($146,345.00 Base Bid + $14,634.50 10% unit price increase = $169,979.50 total award). Funds for this project are available in Capital Project Account #30032106-445100. PASSED AYES -12 NOES - 0 NO. 18 REPORT OF BIDS IMPROVEMENT TO SYMPHONY & FERRY CIRCLES - LANDSCAPING This is to advise Your Honorable Body that I have advertised and received bids on September 26, 2001 for the Improvement to Symphony & Ferry Circles - Landscaping project. I have asked for bids on a unit price basis covering the various items of material and work that will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may either be more or less than the total bid. The following bids were received: 1. Titan Development, Inc.$48,551.50 2. Scott Lawn Yard Inc.$52,348.00 3. Destro & Brothers Concrete Co., Inc.$54,604.00 4. Gleason's Nursery, Inc.$54,761.00 5. Birch Grove Landscaping & Nursery, Inc.$61,000.00 6. Man 0' Trees, Inc.$71,333.00 7. Sicar Inc.$79,205.00 I hereby certify that the lowest responsible bidder for this project is Titan Development, Inc. I respectfully request that Your Honorable Body order the work in an amount of Page 21 01-1016.txt $48,551.50 plus a 10% unit price increase of $4,855.15, for a total encumbrance of $53,406.65. The engineer's estimate for this work is $75,000.00. The cost of this project is to be charged to a future Capital Projects account specifically for this purpose, which was approved as part of the 2000-2001 Capital Budget. The attached is certified to be a true and correct statement of the bid received. The bid submission is available in our office for inspection and copies are available upon request. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated 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 a contract for the Improvement to Symphony & Ferry Circles -Landscaping project to Titan Development, Inc. the lowest responsible bidder, in an amount of $48,551.50 plus a 10% unit price increase of $4,855.15 for a total encumbrance of $53,406.65. Funds for this project are to be charged to a future Capital Projects account specifically for this purpose, which was approved as part of the 2000-2001 Capital Budget. PASSED AYES -12 NOES - 0 NO. 19 REPORT OF BIDS ROOF RECONSTRUCTION AUTO IMPOUND DART STREET I advertised for on September 28, 2001 and received the following sealed formal proposals for Job #0138, Roof Reconstruction, Auto Impound, Dart Street, which were publicly opened and read on October 10, 2001. Base Bid Alt #1 All Weather Contracting$ 94,416 $28,107 510 Ellicott Rd, Cheektowaga, NY 14227 Jos. Sanders & Sons$ 99,537 $41,843 P 0 Box 814, Buffalo, NY 14240 Weaver Metal & Roofing$105,700 $39,500 40 Appenheimer, Buffalo, NY 14214 Progressive Roofing$110,000 $40,000 331 Grote St, Buffalo, NY 14207 Jameson Roofing$112,995 $42,580 3761 E Lake Rd, Dunkirk, NY 14048 McGonigle & Hilger$114,618 $43,066 519 Mill St, Lockport, NY 14095 Alternate #1 is for the Lower Front Roof Reconstruction. I hereby certify that the foregoing is a true and correct statement of all bids received and that All Weather Contracting, with a Base Bid of $94,416-00, add Alternate #1 for $28,107.00, for a total amount of One Hundred Twenty Two Thousand Five Hundred Twenty Three and 00/100 Dollars ($122,523.00) is the lowest responsible bidder in accordance with the plans and specifications. Total estimate for this work was $135,000.00. 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 36321206 445100 - Buildings. Mr. LoTempio moved: Page 22 01-1016.txt That the above communication from the Commissioner of Public Works, Parks and Streets dated October 11, 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 Job #0 13 8, Roof Reconstruction, Auto Impound, Dart Street, to All Weather Contracting, the lowest responsible bidder, in a base bid amount of $94,416.00 add Alternate #1 for $28,107.00 for a total encumbrance of $122,523.00. Funds for this project is available in 36321206 445 100 - Buildings. PASSED AYES -12 NOES - 0 NO. 20 REPORT OF BIDS STREET TREE PLANTING PHASE III FALL - 2001, GROUP #577 ITEM 4126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids for Street Tree Planting Phase III - Fall 2001, Group #577. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base BidUnit Price Increase Gleason's Nursery, Inc.$73,715.00 $81,086.50 4780 Sheridan Dr., Williamsville, NY 14221 Man OTrees$103,915.00 $114,306.50 P.O. Box 254, Killbuck, NY 14748 Titan Development$107,450.00 $118,195.00 8534 Seaman Road, Gasport, NY 14067 Sicar Incorporated$122,813.00 $135,094.30 1128 Jamison Rd., Elma, NY 14059 I hereby certify that the lowest responsible bidder for the above project is Gleason's Nursery, Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $81,086.50 ($73,715.00 Base Bid + $7,371.50 10% unit price increase = Total Award $81,086.50 ). Funds for this work are in Capital Project Account 435310106-445100. The engineer's estimate for this work is $75,000. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by November 9, 2001. Individual bid submissions are available in our office for inspection and copies are available upon request. THE FOLLOWING ARE REQUESTS FROM VARIOUS COUNCILMATIC DISTRICTS: ELLICOTT DISTRICT Connie Fillipski, 120 Lemon Street, has requested that a tree be replanted in front of her home. She stated that a tree was removed and nothing was wrong with the tree. Tree Planting request - Johnson Park/ Carolina request for trees to be planted on the comer of South Elmwood and Tracy Avenue Page 23 01-1016.txt Tree planting request -- The Kleinhans Community Association members has requested that trees be planted on the outer side of the fence on the Hudson Street side of School 36 313 Pennsylvania Street 289 Pennsylvania 116 West Avenue 324 Hudson Street 23 Plymouth Street 24 St John's Place 34 St John's Place 159 West Avenue 198 Riley Street 410 Riley Street 52 Sweeney 63 Sweeney 100 Whitney Place 133 Whitney Place William Street Medium - 2-3 Trees to be replaced due to damage NORTH DISTRICT TREES REQUEST LIST 40 Albemarle 44 Albemade Ave. 118 Argus Ave. 78 Page St. 375 Roesch Ave. 45 Shoreham Ave. 332 Bedford Rd. 334 Bedford Rd. 148 Hartwell Rd. 122 Hartwell Rd. 101 Cheltenham Dr. 75 Bridgeman Ave. MASTEN DISTRICT 142 Waverly Street 866 « Northampton Street 644 East Utica Street 18 Harlow Pl** 221 Schuele (Mr. Machamer) 596 E. Ferry (wants a tree) 57 Femhill 832 Glenwood Ave 146 E. Ferry 45 Girard Pl** 174 Jewett AvenueNorthland (Between Grider/Fillmore) 62 Landon St* 272 Schuele Ave 205 Rodney Ave. (tree removal) 154 Victoria Ave 492 E. Ferry 83 Wakefield Ave Crm- of Femhill Ave & Deerfield Avenue (falling on roof of 57 Fernhill) * 95 Mapleridge 174 Jewett Ave Humber (entire street) 345 Goodyear 280 Wohlers (stump) 385 Cambridge Page 24 01-1016.txt 35 Leroy 664 Riley 156 & 160 Deerfield Ave 400 Northland 847 Glenwood Ave 370 Humboldt Parkway *** (removal) Schucle St. (Btwn Del & E- Ferry) trimming 345 Leroy 124 Fernhill 55 Durham Avenue 326 Norfolk 111 & 109 Pembroke 401 Wyoming I1183 East Ferry 350 & 354 Northumberland *366 Cambridge Blaine, Hedley meech, Hughes (Trimming) LOVEJOY DISTRICT 963 Lovejoy Street 1020 Lovejoy Street 137 Gorski Street 1255 Bailey Ave. (2 trees) 135 Imson Street 1796 Clinton Street 123 Walter Street 187 Babcock Street 151 Ludington 141 Ludington 73 Longnecker 17 Longnecker 76 Longnecker 71 Longnecker 61 Longnecker 62 Longnecker 65 Longnecker 69 Longnecker 36 Longnecker 18 Longnecker 11 Longnecker 72 Longnecker 19 Longnecker 24 Longnecker 35 LongneckerComer of Longnecker Evangelical Baptist Cburch UNIVERSITY DISTRICT George Faust, 164 Carmel Rd, 837-2022 Mr. Roderick Bonner, 34 Burlington Ave, 832-4987 Several trees on the street will supply once gentleman comes home. 94 Parkridge Ave 96 Parkridge Ave 69 Weston Norman Paolini, 35 Englewood Ave Mrs. Lotempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 2, 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 Street Tree Planting Phase 111, Group 9577 to Gleason's Nursery, Inc., the lowest responsible bidder, in an amount of Page 25 01-1016.txt $82,086.50 ($73,715.00 Base Bid + $7,371.50 10% unit price increase = $81,086.50 total award). Funds for this project are available in Capital Project Account 435310106-445 100, PASSED AYES -12 NOES - 0 NO. 21 CHANGE IN CONTRACT SCHILLER PARK PAVILION BUILDING ELECTRICAL CONSTRUCTION Due to unforeseen conditions and changes, I hereby submit to Your Honorable Body the following changes for the Schiller Park, electrical construction work by Goodwin Electric Corporation. Contract #92010273. 1 .Due to the relocation of the booster pump system from the first floor to the basement additional labor and material where utilized for connecting power to the pump $ 320.00 2.A rigid conduit containing live wires was discovered during dernolition that was not identified by the contract documents. Additional time was incurred to trace the source and use, then to remove $ 350.00 TOTAL: $ 670.00 The foregoing changes result in a total net increase to the contract of Six Hundred and Seventy Dollars and 00/100. Summary:Current Contract Amount $24,880.00 Amount of this Change Order Add $ 670.00 Revised Contract Amount $ 25,550.00 Costs have been reviewed by the Consulting Architect P.J. Smith & Company and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF #36400706 I request that Your Honorable Body authorizes the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved That the above communication from the Commissioner of Public Works, Parks and Streets dated September 28, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Goodwin Electric Corporation, an increase in the amount of $670.00, as more fully described in the above communication, for work relating to Schiller Park Pavilion Building - Electrical Construction, C #92010273. Funds for this project are available in CPF 36400706. PASSED AYES -12 NOES - 0 NO. 22 CHANGE IN CONTRACT TOSH COLLINS COMMUNITY CENTER SENIOR AND TEEN CENTERS ELECTRICAL WORK I hereby submit to Your Honorable Body the following changes for the Tosh Collins Community Center, Senior and Teen Centers, Electrical Work, Goodwin Electric Corp., C #92010297. 1.Cost to modify existing facilities to meet current Page 26 01-1016.txt electrical code. Add $ 6,550.00 The foregoing change results in a net increase in the contract of Six Thousand Five Hundred Fifty and 00/100 Dollars ($6,550.00). Summary:Current Contract Amount $ 232,632.00 Amount of This Change Order (#5) Add$ 6,550-00 Revised Contract Amount$ 239,182.00 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 35320706 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 October 5, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 5, to Goodwin Electric Corp., an increase in the amount of $6,550.00, as more fully described in the above communication, for work relating to Tosh Collins Community Center, Senior and Teen Centers, Electrical Work, C #92010297. Funds for this project are available in CPF 3532706 445100 - Division of Buildings. PASSED AYES -12 NOES - 0 NO. 23 CHANGE IN CONTRACT #1 SUBJECT: YORK STREET INFRASTRUCTURE IMPROVERNE AT GROVER CLEVELAND HIGH SCHOOL 2000 -GROUP #53A ITEM NO. 126, 3/3/98 ITEM NO. 43, 9/19/00 I hereby submit to Your Honorable Body the following unit price additions to the contract for the above named Project. This change order was necessary to enable our department to correct hazardous concrete sidewalks locations and handicapped ramps in the surrounding area of Grover Cleveland High School as ordered by the Commissioner of Public Works, Parks and Streets. Change Order No. 1 ContractUnit Estimated.Estimated ItemDescriptionUnitPriceQuanity Cost 02.110Unclassified ExcavCu. Yd.$85.0024.70 $ 2,099.50 R05.204Concrete Sidwalks 4" replacementSq. Ft.$ 2.802462.68 $6,895.50 R07.104Granite Curb 4" replacementLin. Ft.$28.009.90$277.20 R07.104R Granite Curb 4" Radius replacementLin. Ft.$25.0066.30 $1,657.50 08.210 Slotted Corrugated Polyethylene Underdrain PipeLin. Ft.$10.0076.20 $ 762.00 Page 27 01-1016.txt 12.110Maintenance & Protection of TrafficLump Sum$2,000.00 .25 $500.00 04.050Hand Laid AsphaltTon$165.002.53 $417.45 613.0101TopsoilCu. Yd.$2.00108.00$216.00 09.812 Water Service Box -Top SectionInstall/ReplaceEach$400.007 $2,800.00 Total$15,625.45 Contract Summary: Original Contract Amount:$51,654.90 Change Order # 1:$15,625.45 Total Contract:$67,280.35 Funds for this change order of $15,625.45 are available in Infrastructure Improvements Account #30124606-445 100 and Account 430228406-445 100. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject Change Order and authorize the Commissioner of Public Works, Parks and Streets to issue said Change Order to ABP Concrete Construction Co. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 10, 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 ABP Concrete Construction Co., an increase in the amount of $15,625.45, as more fully described in the above communication, for work relating to York Street Infrastructure Improvement at Grover Cleveland I-Iigh School, Group #534. Funds for this project is available in Infrastructure Improvements Account #3 0124606-445 100 and Account #30228406-445100. PASSED AYES -12 NOES - 0 NO. 24 CITY OF BUFFALO TRAFFIC SAFETY EDUCATIONAL PROGRAM APPROVAL OF GRANT - 10/ 1/0 1 & 9/'30/02 Thc City of Buffalo has applied for and been offered a grant from the New York State Govenor's Traffic Safety Committee. This grant is in the amount of $70,650.00. With this grant, the City would enter into contract agreement with a project director who would coordinate the City of Buffalo Traffic Safety Educational Program. The grant will reimburse the City for the director's cost, along with $4,500.00, reimbursement for supplies, postage, travel, materials and helmets. I respectfully request Your Honorable Body's authorization to accept this grant. from the State and to enter into agreement with Ms. Francina Cartonia, 199 Virgil Avenue, Buffalo, NY 14216, to provide the services of the project director at a base cost of $49,000.00 plus 35% fringe benefits. The director's salary will be reimbursed by the State under the terms of the grant. Mrs. Cartonia was chosen as the director because of her prior experience working on similar projects and as director of these grants for the past 9 years. She was also the developer of the grant proposal and shepherd of its approval by the State. Page 28 01-1016.txt We also respectfully request that Your Honorable Body authorize the Comptroller to provide an interfund cash loan in the amount of the grant. The loan would be repaid as reimbursements are received from the State of New York. REFERRED TO THE COMMITTEE ON FINANCE NO. 25 DELAWARE PARK LINCOLN PARKWAY BRIDGE RAILING REPAIRS Earlier this year a stolen vehicle was smashed into the ornate granite railing of the Lincoln Parkway Bridge in Delaware Park. The accident caused extensive damage to the bridge railing. On October 10, 2001 our department opened bids for the repairs of this railing. The results of the bids are as follows: ContractorBid Morris Masonry Inc. $94,194.00 (Low) Hogan Restoration$94,741.00 I herby certify that the lowest responsible bidder for the above project is Morris Masonry Inc., and I respectfully recommend that your Honorable Body order the work and the cost thereof' to be charged to Engineering Bond Fund 30032106 in the amount of $94,194.00, Plus approved unit prices in the amount of $9,4 19.40 for a total encumbrance of $103,613.40. The Engineers estimate for this work is $ 100,000.00. The above is certified to be a true and accurate statement of the bids received. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 10, 200 1, 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 Lincoln Parkway Bridge in Delaware Park to Morris Masonry Inc., the lowest responsible bidder, in an amount of $94,194.00 plus approved unit prices in the amount of $9,419.40 for a total encumbrance $103,613.40. Funds for this project are available in Engineering Bond Fund 30032106. PASSED AYES -12 NOES - 0 NO. 26 CITY OF BUFFALO MUNICIPAL BUILDING FIRE SAFETY PLAN Attached please find a copy of the Fire Evacuation Plan REFERRED TO THE COMMITTEE ON LEGISLATION NO. 27 INSTALLATION OF THORTON AVENUE BLOCK CLUB SIGN AT 3134 BAILEY AVENUE ITEM NO. 134, C.C.P. 09/04/01 The Department of Public Works, Parks and Streets was asked to respond to item #134 of September 4, 2001. This item deals with a request from the Thorton Avenue Block Club to install a sign with landscaping at Key Bank. 3134 Bailey Avenue. The request details that this sign and landscaping would be on the Thorton Avenue side of Key Bank and would be located on Key Bank Property. Page 29 01-1016.txt This department has no objection to the installation of this sign and landscaping subject to the following conditions: 1)As stated in the original request, the entire sign and all landscaping will be placed on private property and not in the City right-of-way. If this is not possible, the Block Club must request permission from Your Honorable Body to place this sign within the City right-of-way. 2)The sign and landscaping do not provide any obstructions to pedestrian travel and/or line-of-sight obstructions to vehicular traffic. 3)The sign and landscaping are maintained by the Thorton Avenue Block Club for as long as the sign is posted. RECEIVED AND FILED NO. 28 N. NORDIN & O-REQ. FOR CLOS./ABANDON./SALE-PRTN PUB.ALLEY - WOODBURY ALLEY ITEM NO. 77; C.C.P. 09/18/01 The Department of Public Works, Parks and Streets has been requested to report to Your Honorable Body concerning the above captioned resolution. Woodbury Alley is one of the oldest streets within the City of Buffalo having been dedicated as a public alley by the filing of map cover 11 in 1834. Woodbury Alley has a twenty (20) foot wide right-of-way with a twelve (12) foot wide cobblestone pavement. It extends northerly from Virginia Street to the northerly line of Lot 50 Township 11, Range 8 of the Holland Land Company Survey. Basically, the alley is a back service alley for those properties fronting on Franklin Street and North Pearl Street. This department has no objections to the closing, abandonment and sale of a portion of Woodbury Alley as long as the sale is subject to the following conditions: 1.All property owners whose property abutts Woodbury Alley north of the westerly extension of the southerly line of the Nordin property must provide their written permission for the abandoment of the alley. 2.The total width of the right-of-way is twenty (20) feet and the abutting owners rights would extend only to the center line of the alley upon abandonment. In other words, in order for the Nordin's to acquire the owners of the entire twenty (20) foot width, they must work out an agreement with the opposite property fronting on Franklin Street. This department insists that any abandonment be for the entire 20 foot width. 3.The abandonment and closing of the alley would not become final and official until the deeds conveying the entire 20 foot width of right-of-way from the City of Buffalo to the new owners are filed in the Office of the Erie County Clerk. 4.This department reserves the right to remove the cobblestone pavement blocks prior to any abandonment and sale. RECEIVED AND FILED NO. 29 PERMISSION TO SELL VARIOUS EQUIPMENT Modern Corporation, who has contracted with the City for the operation of the East Side Transfer Station, has delivered a proposal to purchase various equipment that was previously used by us at the Transfer Station. The items Page 30 01-1016.txt requested to be purchased are: 1. Universal Transfer Trailers #399, 400, 401, 402, 403 and 404, including the tractor jockey, for the sum of $131,000. 2. CAT 330 excavator s/n 6DR00985 for the sum of $50,000. 3. CAT 980 wheel loader s/n 63X8159 for the sum of $25,000. Based on our conversations with sales dealers for these products, and previous offers that we have received in trade-in discussions, we feel that the offer from Modern is fair and we recommend that the offer be accepted. I, therefore, request that the Common Council authorize the sale of these vehicles to Modern Corporation as stated above. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS NO. 30 R. FONTANA, P. GAUTHIER - REQ. E: PLAYGROUND ON ROHE STREET (ITEM NO. 78, C.C.P.(10/2/01)_ This Department has reviewed the above request and has the following concerns It has been our policy, for the last few years, that no new parks and/or playgrounds will be constructed due to budgetary restrictions. The approval of all abutting property owners is needed in order to abandon and close a City street. Many garages have access onto Rohe Street, and approval f such a closure may be difficult. We are very skeptical as to a block clubs ability to maintain the playground after it is built. The City is currently maintaining countless playgrounds and other installations where we were assured that some community group would do the maintenance. The facility would still be City owned and we would ultimately be responsible for damage to the equipment or any liability that might be incurred. This department cannot endorse the construction of the playground as suggested by the Brinkman Avenue Block Club. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 31 REQUEST FOR "NO TRUCKS" SIGNAGE ON RAMONA AVENUE AT ABBOTT ROAD ITEM NO. 143, C.C.P. 09/04/01 The Department of Public Works, Parks and Streets was asked to respond to item #143 of September 4, 2001. This item requested the installation of "No Trucks" signs on Ramona Avenue at the Rite Aide store located at the intersection of Abbott Road and Ramona Avenue. The Traffic Engineering section has investigated this request. Ramona Avenue is not a designated truck route and therefore, can be posted with "No Trucks Over 5 Tons" signage. The necessary worksheets to perform this task have been written and all signage should be in place within two weeks. In addition, by copy of this response to the Buffalo Police Department, this department will request that the "weight restrictions" be properly enforced along Ramona Avenue. REFERRED TO THE COMMITTEE ON LEGISLATION Page 31 01-1016.txt NO. 32 REQUEST FOR PARKING BOTH SIDES OF WHEELOCK STREET ITEM NO. 92, C.C.P. 06/26/01 The Department of Public Works, Parks and Streets was asked to respond to item # 92 of June 26, 200 1. This item dealt with a request to allow parking on both sides of Wheelock Street. Presently Wheelock Street measures 26' wide and contains one-way travel from Griswold Street to Clinton Street. The street is currently signed for Type I Alternate Parking, which restricts parking to one side of the street at all times. This Council item requests that Type 11 Alternate Parking be placed on Wheelock. This parking scheme would allow parking on both sides of the street after 4:00prn weekdays and all day on weekends. This department has no objections to installing Type 11 Alternate Parking on Wheelock Street. However, before any further action is taken, it is suggested that a petition containing signatures from 75% or more of homeowners on Wheelock favoring this action be submitted to this department and to the District Councilmember. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 33 REPAVING OF PECKHAM STREET #30 CCP OF 9/4/2001 This is in response to the subject item, which was referred to our department for comment. Upon reviewing our records and inspecting the site we have placed Peckham Street on our overlay list for the 2002 paving season depending on availability of funds. The complainant in this matter also stated that our department had not paved any streets in the Ellicott or Masten District. I have attached a list of streets, which were paved that represent over $500,000 in work done in these districts during 2001. REFERRED TO THE COMMITTEE ON FINANCE NO. 34 SECURITY FOR BUFFALO WATER DEPARTMENT ITEM #163, C.C.P. 10/02/01 The referenced item was sent to this department and American Water Services for comment. American Water's comments have been included in this response. Since September 11, 2001, this department has been in constant contact with American Water to discuss security measures. AWS has retained uniformed security personnel for use at the Col. War( Pumping Station between the hours of 7 a.m. and 3 p.m. After 3 p.m., all gates are locked and entrance to the gated areas is with a security card or by contacting the water dispatcher. Security patrols have been initiated at all water department installations around the clock including weekends. All individuals entering water department facilities must show employee ID, or have a verified purpose for entering the facility. All gates and perimeter fencing have been inspected and repaired where necessary. In addition, this department has contracted with Malcolm Pirnie Engineers and the! American Water Works Association to avail itself of all pertinent information and intelligence that has been developed nationwide, and to develop future plans for the protection of our facilities. Page 32 01-1016.txt REFERRED TO THE COMMITTEE ON LEGISLATION NO. 35 TEMPORARY CLOSING - MAIN ST. We have received the attached communication from Marine Buffalo Associates regarding the temporary closing of Main St. between Exchange and Swan Sts. This is the area beneath the HSBC Center. Before any permission for this closure is considered, I suggest that a hearing be conducted and that, at a minimum, NFTA, Buffalo Place and Marine Buffalo Associates be invited to voice their concerns. Representatives of this department will also be available. REFERRED TO THE COMMITTEE ON LEGISLATION, THE NIAGARA FRONTIER TRANSPORTATION AUTHORITY, BUFFALO PLACE, THE COMMISSIONER OF POLICE, THE COMMISSIONER OF FIRE AND THE MARINE BUFFALO ASSOCIATES NO. 36 TRAFFIC STUDY MAIN/HIGH MEDICAL CORRIDOR AND FRUITBELT COMMUNITY ITEM NO. 228, C.C.P. 07/24/01 The Department of Public Works, Parks and Streets was asked to respond to item #228 of July 24, 2001. This item requests that the Department of Administration and Finance develop a traffic plan that addresses on-street vehicle parking in the Main/High Medical Corridor and Fruitbelt Community. This departments' Traffic Engineering Section is prepared to aid and assist in the development of this plan. Please inform us of any future meetings so that we may have representatives available to lend assistance toward the resolution of these problems. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 37 CERTIFICATE OF APPOINTMENT Appointment Effective: October 1, 2001 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Laborer I Permanent, Non-Competitive at the Intermediate Starting Salary of: $ 11.46 hourly Rolinda C. Hill, 68H Donovan Drive, Buffalo 14211 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 38 B.GRANT-UNSAFE CONDITIONS-ELME6AVENUE :#66 CCP SEPTEMBER 18. 2001 In response to the aforementioned item, please be advised that the complaint has been forwarded to the Narcotics Unit for investigation. In addition, patrol units have been advised to increase routine patrols in the area. Please note that routine Narcotics complaints, as is this item, filed for a full Council meeting can be and are generally addressed by way of direct correspondence from a Councilmember to the Commissioner of Police. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION Page 33 01-1016.txt FROM THE COMMISSIONER OF FIRE NO. 39 PLAYGROUND ON ROHR STREET (#78 C.C.P. OCT. 2, 200 1) The Buffalo Fire Department has no objections to this request. It does not hinder our response on Rohr Street. Thank you. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 40 FIRE COMPANY ROTATION Per your request, attached is the schedule for fire company rotations, the response times survey which shows the effects of the temporary closings and a list of firehouse locations. Respectfully submitted, REFERRED TO THE COMMITTEE ON BUDGET NO. 41 AMENDMENT CHAPTER 175 - FEES The Commissioner of fire proposes the following changes to Emergency Medical Services recovery. The changes are to recover the cost for emergency rescue and response services incurred above and beyond the normal range of service. The fees shall be charged to the insurance carrier of the rescued individual or entity. In no instance shall rescue and response services be denied for lack of insurance carrier. The rate for rescue and response services is as set forth below. Any list of rescue and response services is not all inclusive and may be expanded at the discretion of the Commissioner. LIGHT DUTY VEHICULAR ACCIDENT - FEE $350.00 - Circumstances requiring traffic control, control of small fluid leaks, vehicle stabilization, accident scene safety use of minor tools, patient care and stabilization. HEAVY DUTY VEHICULAR ACCIDENT - FEE $600.00 - Circumstances requiring hydraulic equipment or specialized rescue techniques to aid the patient, circumstances requiring the assistance of another fire unit. INDUSTRIAL RESCUE RESPONSE - FEE $700.00 - Circumstances carried out in an industrial setting, spills involving hazardous material, rescues that require additional specialized equipment above the standard fire response. . DESTROYED OR CONTAMINATED EQUIPMENT - Any equipment which is destroyed or contaminated at the rescue or response scene will also be charged at the cost of replacement of the equipment, Mrs. LoTempio moved: That the Corporation Counsel be and he hereby is authorized to prepare an Ordinance Amendment for Chapter 175 as it pertains to fees for Emergency Medical and Rescue Services PASSED AYES - 12NOES - 0 FROM THE CORPORATION COUNSEL NO. 42 REFUND OF EXCESS TAXES MARYNER TOWERS APARTMENTS, INC. On September 23, 1970, a contract was executed by the City of Buffalo and Maryner Development Co., Inc., limiting its real property tax liability as to 186 Effier, known as Maryner Towers Apartments, pursuant to the authority of Page 34 01-1016.txt and in accordance with Section 236 of the National Housing Act of 1968 and Article V of the Private Housing Finance Law. The contract limits real property taxes to a maximum of $74,000 per year (City and County combined) and exempts the property from additional taxes for a period of forty years, beginning from the date on which the benefit to such exemption first became available and effective. Amounts paid in excess of the $74,000 ceiling must be refunded. The refund is apportioned between the City and the County, in accordance with the tax rates prevailing at the time. Tax Year 1999-00 1999-00 City Tax$98,761.74 County Tax (2000)14,287.29 Total tax paid113,049.03 Less combined ceiling74,000.00 Overpayment$39,049.03 City share of refund due:.874 x $391049.03 =$34,128.85 Tax Year 2000-01 2000-01 City Tax$75,978.42 County Tax (2001)9,130.52 Total tax paid85,108.94 Less combined ceiling74,000~00 Overpayment$11,108.94 City share of refund due:.893 x $11,108.94 = $ 9,920.28 Grand Total City Share 1999-00 and 2000-01 = $44,049,13 It is hereby requested that the Comptroller be authorized to issue a check in the amount of $44,049.13 payable to Maryner Towers, representing the City's share of refund of excess real property tax payments by Maryner Towers Associates to the City of Buffalo for tax years 199900 and 2000-01. Mrs. LoTempio moved: That the above communication from the Corporation Counsel dated October 10, 2001, be received and filed; and That the Comptroller be, and he hereby is authorized to issue a check in the amount of $44,049.13 payable to Maryner Towers, representing the City's share of refund of excess real property tax payments by Maryner Towers Associates to the City of Buffalo for tax years 1999-00 and 2000-01. PASSED AYES -12 NOES - 0 FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 43 DEMOLITION CONTRACTORS ITEM NO. 211, C.C.P. 7/24/2001 I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. The idea of having each demolition project posted with a sign identifying the contract performing the work is a well-conceived idea. Projects that are bid and funded by the City of Buffalo through various funding sources may be required to have contractors post signage listing the information outlined in your Honorable Body's Council Communication. As of this writing proposed legislation is under review by the Department of La Page 35 01-1016.txt referencing a newly drafted Demolition Code. Currently there is no code or ordinance specific to demolition. In other, words, if a contractor under contract with the City of Buffalo is performing a demolition project, signage could be a pa of the contract. If the Department of Public works demolition crew or if a demolition is being paid for by a property owner and the work is being performed by a private contractor we could not required the contractor to post signage fi these projects. Please find for your review, a listing of the demolition activity in the Fillmore Councilmatic District from January of 2001. Demolition Contractor # of demolition proj Monies paid Aladdin4$30,200.00 Battaglia31$ 187,125.00 Bognar1$5,725.00 City Crew (Dept of PW)26$ 188,000.00 Ditchman20$ 120,242.00 Martin16$83,234.00 Lebis3$ 15,664.00 Metro8$49,516.00 Prime Site7$29,179.00 SMB25$157,109.00 Topor2$ 11,850.00 Valvo10$56,493.00 Youngs11$46,940.00 Zoladz38$ 218,661.00 In the categories specified by your Honorable Body, we have expended one million two hundred thousand and thirty eight dollars ($ 1,200,038.00) on two hundred two (202) demolition projects for an average price of five thousand nine hundred and forty-one dollars ($ 5,941-00). Of the two hundred two (202) properties bid out for demolition in the Fillmore Councilmatic district one hundred sixty-six (166) have been completed. The remaining thirty-six (36) units are not completed as of this writing. Twenty-five (25) of them are the responsibility of private contractors and eleven (I I are the responsibility of the Department of Public Works Demolition Crew. The Department of Permit and Inspection Services designated two building Inspectors for the demolition process. Building Inspector Donald Grzeblelucha an, Larry Schiavone are trained in the process of asbestos inspections and demolition inspections. These Building Inspector are the designated personnel responsible for the process of bids for emergency demolitions as ordered by the Department of Fire. Please also find a current demolition list attached for your review. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 44 PERMIT AND INSPECTION SERVICES DELAYED AND UNSAFE DEMOLITION ACTIVITY I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. The Department of Permit and Inspection Services has the responsibility for the inventor asbestos abatement and demolition of both privately and city owned properties. The prime responsibility of our Department is the demolition, removal of debris and grading of the site to provide for proper drainage. The current demolition specifications employed by our department specify for the removal of the foundations to virgin soil. I Page 36 01-1016.txt addition the excavation is filled with a material that is sixty-six percent (66%) clay and thirty-three percent (331/( material such as brick and concrete no larger than six inches (6") by Six inches (6") in size. The demolition sites as graded, as too not to create a situation that would cause water run off to be a problem for adjoining properties. This specification was developed in cooperation with the Department of Community Development to ready these sites for future development. During inclement weather a demolition may be performed. If this is the case the Demolition, Contractor has a one (1) year time frame that he in responsible for any grading issues. Many of these lots where building are demolished are subject to erosion problems bringing concrete and brick aggregate to the surface. In an attempt b provide for a suitable ground cover for the lots, hydro-seeding was employed. This program turned out to be unsuccessful as no one was watering these parcels and the weeds over took the hydro-seed product. We in the Department of Permit and Inspection Services demolish over five hundred (500) buildings a year. With this type of volume a few complaint, may be experienced. If there are any concerns with the demolition work being performed, we would like to inform you Honorable Body to contact Robert Sienkiewicz, Director of the Mayor's Task Force on Housing at 851-4637. Please also be advised that representative of the Department of Permit and Inspection Services will be available to meet with you: Honorable Body in reference to the aforementioned procedures. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 45 ESTABLISH A SETBACK DISTANCE ON NEW WATERFRONT DEVELOPMENTS ITEM NO. 198. C.C.P. 9/18/2001 I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. I have informed the Office of Permits in the Department of Permit and Inspection Services of the newly created ordinance for a one hundred (100) foot set back from the bank of both the Buffalo River and Lake Erie We would appreciate a legal opinion as to the effect this newly enacted ordinance will have on projects who: applications are pending for plan review. Please take this communication as a voice of support for this newly enact legislation. It is my sincere hope that this response satisfies your inquiry RECEIVED AND FILED NO. 46 C. FISHER - M. ADAMS - CONCERNS WITH NATIONAL FUEL GAS ITEM NO. 63 ~ C.C.P. 9/19/2001 I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. Upon receipt of your Honorable Body's correspondence with the letter of concern from Mr. Michael Adams of 61 Watson Street in the City of Buffalo attached, Chief Plumbing Inspector Anthony Ando was dispatched to the site. On September 27, 2001, Chief Plumbing Inspector Ando spoke to Mr. Adams at his residence. I appears that representatives of National Fuel Gas have resolved Mr. Adams concerns. At this time no Page 37 01-1016.txt further action is needed by or Department. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 47 SECOND HAND DEALER 1928 SOUTH PARK Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attach application for a Second Hand Dealer License located 1928 South Park and rind that as to form it is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, rind it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Thomas Batt. The attached thereto for Thomas Batt d/b/a First-At-Bal This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 48 USED CAR DEALER 1640 BAILEY Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 1640 Bailey and rind that as to form it is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I rind it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Michael Kubiszyn. The attached thereto for Michael Kubiszyn d/b/a Universal Engine Rebuilding. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 49 USED CAR DEALER 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 470 Hinman and rind that as to form it is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I rind it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Robert Grimmer. The attached thereto for Robert Grimmer d/b/a H & G Used Cars Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 50 CERTIFICATE OF APPOINTMENT Appointment Effective October 9, 2001 in the Department of Permits and Inspection Services, Division of Inspections Page 38 01-1016.txt Chief Building Inspector, Temporary Appointment at the Intermediate (step 3) Starting Salary of $45,408 Peter L. Klemann, 154 Woodward Ave, Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 51 CERTIFICATE OF APPOINTMENT Appointment Effective October 9, 2001 in the Department of Permit and Inspection Services, Division of Inspections to the Position of Chief Building Inspector, Permanent Appointment at the Intermediate (step 4) Starting Salary of: S 47,052. Louis J. Petrucci, 89 Red Jacket Pkwv, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 52 CERTIFICATE OF APPOINTMENT Appointment Effective October 9. 2001 in the Department of Permit and Inspection Services, Division of Inspections to the Position of Chief Building Inspector, Temporary Appointment at the Intermediate (step 4) Starting Salary of $47,052 Thomas A. Brodfuehrer, 2497 Niagara Street, Buffalo. NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 53 CERTIFICATE OF APPOINTMENT Appointment Effective October 9, 2001 in the Department of Permit and Inspection Services, Division of Inspections to the Position of Chief Building Inspector, Temporary Appointment at the Maximum Starting Salary of $48,704. William M. Leisck, 459 Amherst Street, Buffalo. NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCI NO. 54 HR MESS. S3576, A7475 - 20 YEAR RETIREMENT PLAN - POLICE OFFICERS CCP #156, JULY 10, 2001 I am sorry I was not able to be at Civil Service Committee on the 25t"; I had a meeting with Mayor Masiello that required my presence as well. We have requested an estimate of the additional cost the City would incur under this legislation from the NYS Retirement System. We have not yet received an answer. I would venture to say that at a time when we are being told that the $31 million in state aid we budgeted for is in question, and we are contemplating making tough decisions about expense cuts, it would be difficult for me to support measures that add to the gap we need to close. I will keep your Honorable Body informed as we receive information from NYS Retirement. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 55 INCREASE NUMBER OF K-9S TRAINED TO DETECT EXPLOSIVES CCP #195, SEPTEMBER 18, 2001 I would defer to the Police Department on this item; my recollection is that the Commissioner had labor relations Page 39 01-1016.txt issues relating to this function. Perhaps the items should be referred to the Department of Human Resources as well. As there is no information on the potential cost of this measure, I cannot respond to that aspect of the item at this time. I hope this answers your questions. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 56 CITY OF BUFFALO EEO/AFF IRMATIVE ACTION PLAN Pursuant to your request, attached please find a "Draft" of the City of Buffalo EEO/Affirmative Action Plan. The plan currently is being reviewed by both the Mayor's Office and the Corporation Counsel. You will receive a final copy once all updates have been received. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 57 BMHA EXAMINE SCOPE/EFFECTIVENESS OF HUD ITEM 31, CCP SEPTEMBER 4, 2001 J. LAFALCE, REQUEST - EXAMINE SCOPE EFFECTIVENESS OF HUD Dear Ms, Rushton: The item referenced above was referred to me for comments recommendations. Please allow this letter to serve as the response on Buffalo Municipal Housing Authority. I have reviewed Congressman LaFalce's list of HUD-funded are only two in which the Buffalo Municipal Housing Authority participates Housing and Section 8 Assistance- Within the, area of Public Housing Operating Assistance, Capital Funds, Drug Elimination grants and HOPE V1. SECTION 8-. The Buffalo Municipal Housing Authority's Section 8 program two parts, The first consists of 800 vouchers which are administered Municipal Housing Authority after being awarded to the City of Bu consent decree entered into in settlement of the Comer v. Cuomo fed program is in its third funding year, The HUD Approved funding for certificates (NY449CE) is as follows- FOR FISCAL YEAR ENDING.- June 30, 2001 $795,214 June 30, 2000$427,699 (1st year of funding) Total $1,222,913 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY CLERK NO. 58 DISPOSITION OF RECORDS Attached please find the following disposition of records from the following departments: HUMAN RESOURCES COMMUNITY SERVICES RECEIVED AND FILED. NO. 59 LIQUOR LICENSE APPLICATIONS Page 40 01-1016.txt Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business NameOwner's Name 67 Walden AveBraudous StDaisy Welch 638 Elk StVincent WalshVincent Walsh RECEIVED AND FILED NO. 60 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- Raymond Canfield X Police- Michael Strobele, Joseph Fedyna, Marie Schreckenberger X Fire- Joyce whitman Return from Leave xCommunity Services- Colleen Cummings, Terrance Chatfield RECEIVED AND FILED NO. 61 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. 62 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: October 2, 2001 in the Department of COMMON COUNCIL to the Position of INTERN V,SEASONAL NON-COMPETITIVE at the FLAT Starting Salary of $8.00/HR Bynum, Mae C., 255 Rodney Avenue, Buffalo, NY 14214 NO. 63 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Appointment Effective: October 1, 2001 in the Department of Public Works Parks, and Streets, Division of Recreation to the Position of Seasonal Laborer II ,Non- Competitive at the Flat Starting Salary of $8.15 ph Brian J. Smith, 31 Marine Dr, Apt 3E, Bflo, NY 14202 Appointment Effective: October 2, 2001 in the Department of Public Works Parks, and Streets, Division of Recreation to the Position of Seasonal Laborer II ,Non- Competitive at the Flat Starting Salary of $8.15 ph Page 41 01-1016.txt Christopher Frankhaus, 57 Wellington Road, Buffalo NY 14216 William Molson Jr, 110 Olympic, Bflo, NY14215 Stepehn Rogers, 69 19th Street, Buffalo, NY 14213 Michael Wachowicz, 147 Barnard, Buffalo, NY 14206 Judith Zaccagnino, 178 Fenton, Buffalo 14206 Appointment Effective: October 1, 2001 in the Department of Public works, Parks and Streets Division of Streets to the Position of Laborer II Seasonal Non-Competitive at the: Flat Starting Salary of: $ 8.15 Brian J. Smith 31 Marine Drive Apt. 3E Buffalo, NY 14202 Glenn L. Bender 266 Lisbon Buffalo, NY 14215 Kenneth A. Jacobs 44 Seventh St .Buffalo, NY 14201 Noel C. Meadows 107 Appenheimer Buffalo, NY 14214 Philip P. Pugh41 Dempster St. Buffalo, NY 14206 Jerry L. Rainey228 orange St. Buffalo, NY 14204 Michael A. Renaldo86 Norwalk Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 64 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 4, 2001 In the Department of: Audit and Control Division of: Audit to the Position of: Junior Auditor Permanent Appointment at the: Minimum Starting Salarv of: $ 27,385 Nataliya Zingorenko 583 Starin Avenue, Apt. #4 Buffalo, NY 14216 Appointment Effective: October 1, 2001 in the Department of: Police to the Position of: Crossing Guard Temporary Non-Competitive at the: Minimum Starting Salary of: $ 7.09 Marie Masecchia 407 Colvin Ave. Buffalo, NY 1,1216 Appointment Effective: October 9, 2001in the Department of Public Works. Parks and Streets Division of Streets to the Position of Motor Equipment Mechanic Provisional Appointment at the Minimum Starting Salary of: $26,668 Michael. Dubel 16 Lafayette Avenue Buffalo. NY 14213 Appointment Effective: October 5, 2001 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary, Appointment, at the Flat Starting Salary of: $ 10.25 James T. Conrad 128 Harding Rd. Buffalo, NY 14220 Donald P. Herbert 182 Melrose St. Buffalo 14210 Earl J. Mekelburg 1186 Seneca St. Buffalo 14210 Brian T. Murrett 50 Lilac St. Buffalo 14220 Norbert S. Prus, Jr. 46 Young St. Buffalo 14212 Edward Standish III 14 Portland St. Buffalo, NY 14220 Mark Blake 158 Dundee St. Buffalo, NY 14220 Kenneth E. Zabawa 116 Crystal Ave. Buffalo 14220 Lawrence L. Doctor Jr. 30 Portland St. Buffalo 14220 Steven L. Harding 1240 Delaware Ave. Apt. 208 Buffalo 14209 Reginald G. Goston 378 Northland Ave. Buffalo 14208 Charles A. Kulp 1015 Abbott Rd. Buffalo 14220 Andrew J. Page 42 01-1016.txt Moffett 776 Abbott Rd. Buffalo 14220 Francis Cunningham 52 Morgan Ave. Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 65 K. BELANGER-BFLO PLACE SUSPENSION CHIPPEWAST EXPANSION INITIATIVE SERVICES Dear Mr. Alfier Buffalo Place is in receipt of your letter to the Common Council dated Septernber 4, 2001 concerning the expansion of the Buffalo Place Business Improvement District into the Chippewa Street Entertainment District. You represent that your association consists of "every operating service business owner on Chippewa Street," that your association does "not believe that the extension of Buffalo Place to the Chippewa Entertainment District is desirable," and that "marketing and promotion of our street, or its daily maintenance can best be handled by our own group." At the time dialogue began with respect to the extension of the business improvement district to Chippewa, a conversation which began due to prompting by various Chippewa Street interests, we stated that we had no desire to expand the district where those impacted did not feel they would receive "bang for their buck." Assuming you represent the interests you say, Chippewa Street is not currently sold on the benefits of inclusion within the district. That being said, Buffalo Place will suspend immediately both the expansion initiative and the services we have been delivering to the street. Should a majority of the interests on Chippewa Street indicate at some later date a desire to reopen dialogue, our then situation permitting, we will entertain same. In the meantime, we wish you continued success on Chippewa Street. Sincerely, Keith M. Belanger Chairman REFERRED TO THE COMMITTEE ON LEGISLATION NO. 66 B. BROWN-RESOLUTION OPPOSE REMOVE COB FROM SEAWAY TRAIL DESIGNATIOON I just wanted to let you know that I received the resolution that the Buffalo City Council adopted the final resolve of on September 4, 2001 that opposes Senate Bill 5380. As you are aware this bill would remove sections of the Cities of Buffalo and Lackawanna from Seaway Trail designation. As the ranking Minority Member of the Tourism, Recreation and Sports Development Committee I also oppose this legislation denying the benefits of marketing and other benefits to our area. You can be assured I will fight diligently to defeat this bill and if this legislation comes to the floor for a vote I will strongly oppose it. If I can be of assistance on this or any other New York State issue, please do not hesitate to call my office at 854-8705. RECEIVED AND FILED NO. 67 B. BROWN-RESOLUTION-USE OF DISTRIBUTED Page 43 01-1016.txt GENERATION I just wanted to let you know that I received the resolution that the Buffalo City Council adopted the final resolve of on September 4, 2001 regarding the use of Distributed Generation as a cost savings and load management tool. As a former Councilman, I realize that the City of Buffalo needs to be able to utilize all resources to save taxpayer's money and cut energy costs. This resolution has my complete support and I will monitor the reviewing process. If I can be of assistance on this or any other New York State issue, please do not hesitate to call my office at 854-8705. RECEIVED AND FILED NO. 68 D. HILL WAKEFIELD AVE BFLO CLUB REQUEST SIGN I hereby submit for filing copies of a letter from the Wakefield Avenue Block Club. The area residents are requesting that the Common Council assist them in obtaining various signs for their neighborhood. Dear Councilmember Fisher, III: Wakefield Avenue Block Club Officers: Donald Hill, President Clotilde Gonzalez, Vice President Paul Bohanna, Treasurer Mrs. Gladys Bohanna, Secretary Ms. Flozella Terrell, Chaplain On behalf of Wakefield Block Club officers and residents, we would like to thank you for your participation at our Block Club meeting on September 21, 2001 in supporting other City of Buffalo Department Officials in a panel discussion to address the Wakefield Avenue safety & welfare issues. Your professional expertise serving as a City of Buffalo Official and the footwork of all your community services efforts and struggles of the Masten District area is much respected and appreciated. You opened many eyes and filled many hearts when you brought City Hall to the Leroy area, which demonstrates an image that rings of unity & commitment that you have contributed to the Masten District with your long term efforts in helping our children with jobs, healthy & safe neighborhoods, Masten District's neighborhood comer store violations, community rehabilitation, etc. Your immediate address in the Wakefield & Holden Avenue Sad Market on Saturday, September 22, 2001 is a great example of your strong welfare community commitment. We need to clean up that comer, which will send a loud message to the drug dealers and Wakefield Avenue property owners in harboring, loitering and endangering the welfare & safety of our Wakefield Avenue residence. We need "No Loitering", "No Littering/Fines" signs posted throughout Wakefield Avenue, since they will not use the City of Buffalo trashcans, which have been placed throughout our neighborhood. We appreciate any assistance to execute these City of Buffalo signs to be posted on our street. Again, we extend a special appreciation to you for bringing City Hall to the Eastside community. Your participation at our Block Club meeting and joining our Wakefield Avenue Block Club in a partnership effort to secure an educational, healthy & safe City of Buffalo neighborhood environment goes a long way in our hearts. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS Dear Mr. Thomas, Page 44 01-1016.txt I am writing this letter to you Mr. Thomas, because I hope that it will prevent another accident. I frequently ride the Bike Trail in and around Delaware Park and Hoyt Lake with children in our neighborhood that would otherwise not get the chance to enjoy it. On Tuesday October 2nd 2001, 1 was riding with three children on their own bicycles and my infant daughter in a bike seat on the back on my bicycle. We often encounter other people enjoying the trail, and I have taught the children to keep right when others approach. At the far end of the lake we encountered a group of runners that did not keep to the right and ran us off the trail. I came to an almost complete stop when one of the runners plowed head-on directly into my bicycle, almost knocking my infant daughter to the ground, and injuring me. My left side, shoulder, chest, and knee are bruised and swelled. I don't know which High School team the boy belonged to, the young man that ran into us did not bother to stop and see if we were ok or needed assistance. We slowly made our way to Marcy Casino, where a young father told us that there was a Cross-Country High School race being held. My question to you is, Why were there no signs posted? Why wasn't the trail closed to the public? Why aren't the runners taught to keep right by their coaches? I found it extremely negligent on behalf of the race sponsors that none of these things were done. Sincerely, Michelle Mazur REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS NO. 69 B. GRANT-HELON FERON-CURBING TYLER STREET Dear Mr. Michaux: Please file the enclosed correspondence with the Buffalo Common Council for the next full council meeting to be held Tuesday, October 16, 2001. Thank you for your attention to this matter. If you have any questions,, please feel free to contact my office. Dear Mayor Masiello: I am writing regarding the curbing, and paving of Tyler Street, for which funds were appropriated in January, 2001. It is critical that this project that has been initiated (area has been surveyed and measured) be completed prior to the onset of the winter months. My neighbors and I have spent many years dealing with the flooding of our lawns, driveways and basements each time we receive a moderate rainfall. This flooding is caused by the back-up of raw sewage and rainwater due to the plugged sewer intakes. The sewer intakes are plugged as a result of to, mud created by the erosion of our front yards as rainwaters meet with no resistance, washing grass and topsoil into the sewer -rates and sewers. The back-up of raw sewage presents not only the disgusting nuisance of fecal matter floating up to our doorsteps, but a dangerous health hazard to citizens and the pets as well. Page 45 01-1016.txt At this time, I am requesting your assistance to move this important project from the planning stage I construction stage. As the funds have already been designated for this purpose and bids have been secured, the release of the necessary dollars is the only barrier to construction. am confident that with your help, the people of this neighborhood will enjoy a healthy, mud and sew! free Spring season., 2002. 1 look forward to your prompt reply. I may be reached by telephone at 731 5133, ext. 225, during the daytime hours, 833-2732 in the evening or at the above address by mail. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 70 B GRAY REQUEST EXCUSE FROM COUNCIL MEETING Please excuse my absence on Tuesday, October 16, 2001, Common Council meeting RECEIVED AND FILED NO. 71 T HAYWOOD ADELPHIAN ANNUAL REPORT Enclosed please find three (3) copies of the Adelphia Annual Report submitted to you on this date as per our franchise agreement with the City of Buffalo. As always, if you have any questions or concerns regarding the information, please do not hesitate to contact me at 558-8590. Sincerely, REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNCATONS AND THE OFFICE OF TELEACOMMUNCATIONS NO. 72 J. GOLOMBEK SAFETY CONCERN BIKE TRAIL DELAWARE PARK HOYT LAKE Dear Mr. Michaux, Please add this item to the agenda for the next meeting of the Buffalo Common Council. This is an important safety issue that needs to be addressed by the City of Buffalo. I am writing this letter to you Mr. Thomas, because I hope that it will prevent another accident. I frequently ride the Bike Trail in and around Delaware Park and Hoyt Lake with children in our neighborhood that would otherwise not get the chance to enjoy it. On Tuesday October 2nd 2001, 1 was riding with three children on their own bicycles and my infant daughter in a bike seat on the back on my bicycle. We often encounter other people enjoying the trail, and I have taught the children to keep right when others approach. At the far end of the lake we encountered a group of runners that did not keep to the right and ran us off the trail. I came to an almost complete stop when one of the runners plowed head-on directly into my bicycle, almost knocking my infant daughter to the ground, and injuring me. My left side, shoulder, chest, and knee are bruised and swelled. I don't know which High School team the boy belonged to, the young man that ran into us did not bother to stop and see if we were ok or needed assistance. We slowly made our way to Marcy Casino, where a young father told us that there was a Cross-Country High School race being held. My question to you is, Why were there no signs posted? Page 46 01-1016.txt Why wasn't the trail closed to the public? Why aren't the runners taught to keep right by their coaches? I found it extremely negligent on behalf of the race sponsors that none of these things were done. Sincerely, REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION No. 73 Cary Street Photos Copy of photos available in City Clerks Office. REFERRED TO THE COMMITTEE ON LEGISLATION No. 74 Increase on Taxi Meter Rates My name is Vincent Joseph Rosati, also known as JR or Joe. 1: am a TaxiCab Owner/Operator. I am adding these documents to the proposal that I submitted on April 23, 2001 for increase in meter rates. 1.Automobile Insurance Quotation-TaxiCab 9/28/01 2.Testimony on the Effect of the Terrorist Attack of September 11, 2001 by Ellis Houston, President Taxicab, Limousine & Paratransit Association Quotation clearly shows the High rate of Increase for 2002. Industry overview for Taxicabs and Limousines. REFERRED TO THE SPECIAL COMMITTEE ON TAXI CABS LIVERIES AND THE AD HOC No. 75 REQUEST MORATORIUM ON DEMOLITION OF BUILDINGS EMSLIE ST. As you know a team of graduate students in the SUNY Department of Architecture and Planing and residents of the Ernslie Neighborhood are attempting to develop a model neighborhood revitalization plan and implementation strategy for the community. We are coordinating this effort with city's Good Neighbors Planning Alliance. We are nearing completion of the first phase of the project that includes a thorough inventory of the community's assets. The students and I are meeting regularly with neighborhood residents, business owners, churches, community organizations and other potential stakeholders to identify issues for consideration in the plan. During our inventory, we identified several buildings with historic character that may be scheduled for demolition. Therefore, I am requesting that the Administration consider a moratorium on the demolition of buildings in this community until our planning effort is complete. Alternatively, the City could provide community representatives with a schedule of proposed demolitions so we can collectively plan for the disposition of derelict properties, in the neighborhood. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIRECTOR OF STRATEGIC PLANNING NO. 76 REQUEST FULL COST ESTIMATE FOR EMERGENCY RNOVATIONS MASTEN PLAYGROUND Another summer season has passed, bringing an end to our I year of operating the Summer Fun Camp at Masten Playground for children ages 5 through 12 From the outset, this year's program faced several obstacles at the Masten site. The shelter house was inspected by the Erie County Health Department and found to be unacceptable for use. The efforts of the Department of Public Works, [with the assistance of Vinnie LoVallo] to patch a hole in Page 47 01-1016.txt the roof in early July helped to stem further deterioration, but did not begin to address the problems caused by years of neglect. The shelter house was only used to store the tables and chairs used on a daily basis. Its deplorable condition precluded its use for shelter or programming. The following is a list of the visible problems observed by the untrained eye. The enclosed pictures are for your reference. Parts of the roof are still leaking and dilapidated in the boy's lavatory, room adjacent to boy's laboratory, great room, and front storage room. Rotted materials are falling from the ceiling. Floor is damaged in the great room, and room adjacent to the boys lavatory. Showers from the pool changing area are leaking along the inside wall into the shelter house great room, causing floor damage. Bathroom plumbing is under stress. Toilets were frequently backed up Rowand required the plumber for repair. Only the girl's room was operable at the end of the season. Many groups other than ours use these toilets. Lights are not working in the room adjacent to the boy's room, great Ann room, and front storeroom. This building is vital to the continuation of our program. This past summer we 'made do" with facilities at both Johnnie B. Wiley and the armory during rain. Fortunately, there was little rain, But the Johnnie B. Wiley conference room is quite a distance from our site and is too small to accommodate all of our children 225 on a daily basis. The armory is larger, however they limit our use to severe thunderstorms. In a severe weather situation, the armory is also quite a distance for the children to reach in response to a lightening storm. For our program to continue at this site, the shelter house has to be repaired. Our summer program is a long-standing service to the community providing children with vital activity during the summer and providing parents with affordable, reliable child care. I request that a full cost estimate be conducted and that every effort be made to make these renovations a part of the City's budget for the upcoming fiscal year. If you have questions or need any further information, please contact me. Your consideration of this request is appreciated. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS NO. 77 CONCERN VEHICULAR, ETC SAFETY- WASHINGTON/GOODELL I am writing because of my concern about the safety of the Washington and Goodell intersection. I began renting office space in the Statler Towers two years ago. Since then I have seen the aftermath of many, many car accidents at the intersection. Since June of this summer alone there have been three automobile accidents. I have included a picture of the car accident that occurred on Thursday, September 13, 2001. Many of the accidents have occurred because drivers have run red lights on Goodell, striking automobiles crossing, with a green, the intersection on Washington. Something must be Page 48 01-1016.txt done on Goodell to reduce the speed of the automobiles. One problem going down Googol, that I have personally noticed, is that the lights are mesmerizing and drivers have the potential to get confused by which light is in front of you. One of the other problems is that the lights are synchronized so that drivers are able to go barreling down Goodell, at 40 to 50 mph to make all of the green lights, making it unsafe for other drivers, bicyclists and pedestrians. I would appreciate a response from your office, especially if your office has identified potential solutions to this very serious problem. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE NEW YORK STATE DOT NO. 78 IMPROVEMENT BUS LOADING ZONE STAION ACADEMY # 31 I respectfully request your assistance in having the appropriate agency of the city of Buffalo, improve our bus loading zone. The current school bus loading zone poses and imminent threat to the lives of 700 students, who must cross traffic daily to and from their buses during drop-off and pick-up time. Parking is allowed only on the side streets opposite the school building, due to a web of one way streets the area. Paderewski runs west, Peckham, east, Sherman, south, and Stanton, north. Last year, 10 buses serviced school #31 and compare to 15 this year. The increase is causing a serious traffic congestion, which further compounds parking and safety problems at the school. I am, therefore, requesting your assistance in providing a safe school bus loading zone for our students. Buffalo Public Schools planners who studied the situation recommend changing the current one-way streets to either two-way streets or on way in the opposite direction as a solution. For example, they suggest that if Sherman Street was changed from one-way heading south to one-way going north, and Paderewski one way east instead of west, buses could load / unload along the street side of the school building. I support this recommendation and would appreciated you assistance in providing School #31 with an improved bus loading zone for the safety of our students. REFERRED TO THE COMMITTEE ON EDUCATION NO. 79 AMERICAN WATER SERVICE SECURITY MEASURES In light of the recent tragedy in New York City, the issue of this letter to some may possibly be of small consequence. We believe that what we are going to tell you is not. While other, Water Authorities have increased their security at their facilities and our own Sewer Authority has increased its' security, American Water Services has not. Some months ago the security guard stationed at the Colonel Ward Pumping Station was removed. There has been no security to speak of at the Massachusetts Street Pumping Plant either. American Waters' response to the heightened security has been to work the Maintenance Assistants to "guard" the plants. It is incredulous that while the City increases the security for all other City facilities, the City owned, American Water managed, Water Department is not getting the same Page 49 01-1016.txt consideration. The drinking water of Buffalo's residents is at risk and all American does is put on the Maintenance Men who are not trained security guards. While they do their own job magnificently, they should not be guarding the City of Buffalo water supply. Our attempt to reach Mr. Campalong has gone unanswered. We find it interesting that Mr. Campalong took the Maintenance Assistants off their shifts when it meant cutting the company's' cost (read: more profits to our stockholders, never mind service to the City of Buffalo residents), but put them back on after concerns about maintaining services during an emergency. Our members, residents of Buffalo, will greatly appreciate anything you can do for us. REFERRED TO THE COMMITTEE ON LEGISLATION No. 80 PUBLIC BARRIER DAYS PARK/ALLEN At its July 14, 2001 meeting, the Days Park Block Club voted to keep our street closed to Allen Street traffic. We know that there are no current plans to remove the barrier between Days Park and Allen Street. The subject has been discussed within our neighborhood for the past year, however. We are sending this letter to inform city officials that Days Park residents want their street to remain a cul-de-sac, with no traffic access to or from Allen Street. Days Park's little circle has become a safe haven for young bike riders, roller bladders and kids on scooters. In the past year, several families with young children have purchased homes because of the park and quiet street. If Days Park were open to traffic from Allen Street, this quiet, safe haven for children would be eliminated. Thank you for your attention to this matter. If you have any questions, or can suggest anyone else we should contact, please call me at the number above. RECEIVED AND FILED NO. 81 ENGINEERING VACANCIES-BMHA This letter is follow-up to recent conversations regarding engineering vacancies at the Buffalo Municipal Housing Authority. Currently, there are a total of ten (10) unfilled permanent positions, seven (7) are for Senior Housing Project Engineers, two 92) are for Junior Housing Project Engineers, and one (1) is for Assistant Chief Housing Project Engineer. A Civil Service list exists for each of these positions, yE1 the B.M.H.A. has been reluctant to fill the openings, even though the vacant positions are being filled on an overtime basis by current employees. I have recently been informed that the B.M.H.A. has petitioned the Civil Service Commission to abolish the list for Senior Housing Project Engineer, regardless of the fact that the list contains twenty-three (23) names of individuals that are seeking employment there. In conversations with the Executive Director of the B.M.H.A., I was told that the hold up on appointments lies with Civil Service, but Civil Service has informed me that just the opposite is true. We are requesting that these positions be filled in accordance to Civil Service rules, as soon as possible. Your assistance in this matter would be greatly appreciated. REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE DIRECTOR OF BMH AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS Page 50 01-1016.txt PETITIONS NO. 82 T. CLEMENTS, AGENT, USE 534 COLVIN FOR A TELECOMMUNICATIONS TOWER. (HRG. 10/23) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 83 T. CALEY, USE 3038 BAILEY FOR A SIT IN RESTAURANT (HRG 10/23) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, THE CITY PLANNING BOARD AND CORPORATION COUNSEL NO. 84 N. KOTRIDES, AGENT, USE 492 ELMWOOD FOR A SIT IN RESTAURANT REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, THE,' DEPARTMENT OF STRATEGIC PLANNING AND THE CORPORATION COUNSEL NO. 85 P. HERENDEEN, AGT, USE 1275 JEFFERSON FOR AN ILLUMINATED POLE SIGN. (HRG. 10/23) REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING BOARD AND CORPORATION COUNSEL. NO. 86 F. HA-SITI-PETITION-SUPPORT HOPE VI PROJECT Please file the attached Petition, hand-delivered on September 24, 2001 from Fatima K. Ha-Sidi, representing Lakeview Homes Residents, for discussion at the upcoming Session for further action. Should you have any concerns regarding this request, please contact me at 851-4980. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. REGULAR COMMITTEES CIVIL SERVICE (BARBARA A. MILLER-WILLIAMS, CHAIRPERSON) NO. 87 MEMORANDUM OF AGREEMENT - BMHA AND LOCAL 264, AFL-CIO (ITEM NO. 114, C.C.P., SEPT. 4, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Miller-Williams moved that the above item be recommitted to the Committee on Civil Service. ADOPTED NO. 88 MEMORANDUM OF AGREEMENT - BMRA AND LOCAL 264, AFL-CIO (BMHA) Page 51 01-1016.txt (ITEM NO. 53, C.C.P., SEPT. 18, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Miller-Williams moved that the above item be recommitted to the Committee on Civil Service. ADOPTED NO. 89 SALARY SCHEDULE FOR CRIME ANALYST (ITEM NO. 51, C.C.P., SEPT. 18, 2001) That the Salary Schedule for the position of Crime Analyst in the Buffalo Municipal Housing Authority as contained in the above referenced communication, be and the same hereby is approved.' PASSED. AYES-12. NOES-0. NO. 90 APPOINTMENT ASSOCIATE TAX CLERK (MAX) (ASSESS.) (ITEM NO. 33-C.C.P. OCT. 2, 2001) That Communication 33, Oct. 2, 2001 be received and filed and the permanent appointment of Cheryl A. Yeates stated above at the maximum salary of $33,374 effective on September 14, 2001 is hereby approved. PASSED AYES-12. NOES-0. NO. 91 APPOINTMENT ACCOUNT CLERK-TYPIST TEMP. (MAX) (PW) (ITEM NO. 48-C.C.P. OCT. 2, 2001) That Communication 48, Oct. 2. 2001 be received and filed and the temporary appointment of Nicole Savage stated above at the maximum salary of $27,859 effective on September 17, 2001 is hereby approved. PASSED AYES-12. NOES-0. NO. 92 APPOINTMENT SUPV. OF WATER & BRIDGE MAINTENANCE (INTER) (PW) (ITEM NO. 49-C.C.P. OCT. 2, 2001) That Communication 49, Oct. 2, 2001 be received and filed and the provisional appointment of Donald Schieder stated above at the intermediate salary of $35,977 effective on September 18, 2001 is hereby approved. PASSED AYES-12. NOES-0. NO. 93 TRUCK DRIVER (MAX) (PW) (ITEM NO. 50-C.C.P. OCT. 2, 2001) That Communication 50, Oct. 2, 2001 be received and filed and the permanent appointment of James J. Tronolone stated above at the maximum salary of $28,317 effective on September 18, 2001 is hereby approved. PASSED AYES-12. NOES-0. NO. 94 Page 52 01-1016.txt APPOINTMENT LEGAL SECY. (INTER) (POL.) (ITEM NO. 53-C.C.P. OCT. 2, 2001) That Communication 53, Oct. 2, 2001 be received and filed and the permanent appointment of Linda M. Ganci stated above at the intermediate salary of $30,019 effective on September 17, 2001 is hereby approved. PASSED AYES-12. NOES-0. NO 95 NOTICES OF APPTS. -TEMP. /PROV. /PERM. (C. CLK.) (CCP#75-OCT. 2, 01) That the above item be and the same hereby is received and filed. ADOPTED FINANCE (BETTY JEAN GRANT, CHAIRPERSON) NO. 96 A.F.S.C.M.E. LOC. 264-CONC. - 197 BROADWAY (CP) (CCP#27-JAN 23, 01) That the above item be and the same hereby is referred to the Committee on Budget. ADOPTED NO. 97 BROADWAY GARAGE (PW) (CCP#3 I -MAR. 6, 01) That the above item be and the same hereby is referred to the Committee on Budget. ADOPTED NO. 98 STREETS DIV. GARAGE (PW) (CCP#36-JULY 10, 01) That the above item be and the same hereby is referred to the Committee on Budget. ADOPTED NO. 99 WALNUT STREET - SYCAMORE STREET TO GENESEE - PAVEMENT COMPLAINTS PW) (ITEM NO. 38, C.C.P., JAN. 23, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 100 MS. JOHNSON - REPAVING OF STREETS ON EAST SIDE - PECKHAM STREET (ITEM NO. 3 0, C.C.P., SEPT. 4, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 101 Page 53 01-1016.txt MS. JOHNSON - CONCERNS - REPAVING PECKHAM STREET (ITEM NO. 30, C.C.P., OCT. 2, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 102 HERMAN STREET BETWEEN GENESEE & BEST - REPLACEMENT OF TREES/SIDEWALKS (ITEM NO. 33, C.C.P., DEC. 12, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 103 RPT. OF AUDIT-PERMIT/INSPECTIONS SVS.-DIV. OF LICENSES (COMPT.) (CCP#30-JUNE 26, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 104 RPT. OF AUDIT-DIV. OF LICENSES (PERMITS/INSP.) (CCP#57-JULY 10, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 105 JOHNNIE B. WILEY SPORTS PAVILION - LEASE (ITEM NO. 3 6, C.C.P., JUNE 12, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 106 OPERATION OF DUNN TIRE PARK (LAW) (CCP#63 -JUNE 26, 01) That the above item be and the same hereby is referred to the Committee on Regional Governance. ADOPTED NO. 107 OPERATION OF DUNN TIRE PARK (COMPT.) That the above item be and the same hereby is referred to the Committee on Regional Governance. ADOPTED NO. 108 REV. D. PRIDGEN-TRUE BETHEL BAPT. CH.-PROP. ACQ.-ADDL. LAND-CHURCH (CCP#86-FEB. 6, 01) That the above item be and the same hereby is received and filed. Page 54 01-1016.txt ADOPTED NO. 109 RESP.TRUE BETHEL BAPT. CH.-ACQ.-ADDL. LAND (STRAT. PL.) (CCP#16-FEB. 20, 01) That the above item be and the same hereby is received and filed, ADOPTED NO. 110 L. RUBIN-EC STTWNS. SEW. TREAT. AG. REG. INIT./SEWAGE TREAT. AGNY. (BSA) (CCP#17-OCT. 17, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 111 STORM WATER MGMT. MODEL (BSA) (CCP#64-OCT. 2, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 112 OLD 14" MONITORS/NCSCELLANEOUS HARDWARE TO BE AUCTIONED (ITEM NO. 68, C. C.P., SEPT. 4, 200 1) That the Commissioner of Police be, and he hereby is authorized to auction the 14" monitors, miscellaneous computer hardware, and IBM Computers at the next property auction conducted by the Buffalo Police Department, as more fully described in the above communication. PASSED AYES -12 NOES - 0 NO. 113 TAX EXEMPTION - 521 WINSLOW AVENUE (ITEM NO. 183, C.C.P., SEPT. 4, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 114 TAX EXEMPTION - 521 WINSLOW AVENUE (ASSMT) (ITEM NO. 33, C.C.P., SEPT. 18, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 115 R. COLES-CONCERNS-N. JEFFERSON LIBRARY (CP) (CCP#28-SEPT. 18, 01) That the above item be and the same hereby is referred to the Committee on Budget. ADOPTED Page 55 01-1016.txt NO. 116 R. COLES-CONCERNS-N. JEFFERSON LIBRARY (PW) (CCP#46-OCT. 2, 01) That the above item be and the same hereby is referred to the Committee on Budget. ADOPTED NO. 117 N. NORDIN & OTHERS - REQ. CLOSING, ABANDONMENT/SALE WOODBURY ALLEY (ITEM NO. 77, C.C.P., SEPT. 18, 200 1) That the Director of Real Estate, be and he hereby is authorized to investigate the possibility of the closing, abandonment and sale of Woodbury Alley and report back to the Common Council on the results of such investigation. PASSED AYES -12 NOES - 0 NO. 118 N. NORDIN-PORT OF WOODBURY ALLEY (PLAN BD.) (CCP# 11 -OCT. 2, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 119 INCREASE NO. OF K-9S TRAINED TO DETECT EXPLOSIVES (CCP#195-SEPT. 18, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 120 INCREASE NO. OF K-9S TRAINED TO DETECT EXPLOSIVES (POL.) (CCP#52-OCT. 2, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 121 K. WACHOWICZ & O-SUPP. SEAS EMP. WAGE INCR. -LIFEGUARDS, ETC. (#160,9/4) (CCP#120-SEPT.18, 01) That the above item be and the same hereby is received and filed. ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 122 A. DEWART, PETITION TO USE 1171 MICHIGAN AVENUE - HUMAN SERVICES FACILITY (ITEM NO. 87, C.C.P., OCT. 2, 200 1) That after the public hearing before the Committee on Legislation on October 9, 2001, the petition of A. Dewart, agent, for permission to use 1171 Michigan Avenue for a human services facility be, and hereby is approved PASSED AYES -12 NOES - 0 NO. 123 Page 56 01-1016.txt SIDEWALK CAFE - 658 MAIN STREET (ITEM NO. 35, C.C.P., JULY 10, 2001) (ITEM NO. 125, C. C.P., OCT. 2, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation ADOPTED. NO. 124 SIDEWALK CAFE - 658 MAIN STREET (CITY PLANNING) (ITEM NO. 5, C.C.P., OCT. 2, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 125 SECONDHAND DEALER - 694 GENESEE STREET (ITEM NO. 66, C.C.P., APR. 17, 200 1) (ITEM NO. 126, C. C.P., OCT. 2, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 126 USED CAR DEALER - 2650 BAILEY AVENUE (ITEM NO. 47, C.C.P., SEPT. 18, 2001) That the above item be, and the same hereby is returned to the Common Council vvithout 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 Kisha Renfor, d/b/a K & J Auto Sales located at 2650 Bailey Avenue. PASSED AYES -12 NOES - 0 NO. 127 USED CAR DEALER - 1291 BROADWAY (ITEM NO. 64, C. C.P., MAR. 20, 200 1) (ITEM NO. I 11, C. C.P., JULY 10, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 128 USED CAR DEALER - 181 DELAWARE AVENUE (ITEM NO. 56, C.C.P., MAY 15, 2001) (ITEM NO. 176, C.C.P., SEPT. 18, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer License to David Olewniczak d/b/a Dave's Direct Performance, Inc. on Page 57 01-1016.txt the condition that the lot be limited to no more than three (3) cars for sale at a time. PASSED AYES -12 NOES - 0 NO. 129 USED CAR DEALER - 81 DINGENS (ITEM NO. 58, C.C.P., OCT. 2, 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. 130 FORMER SCHOOL #62- (#367 URBAN ST.) (FIRE) (460, 4/17) (CCP#163-JUNE. 26, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 131 J. Alfieri, Chippewa Ent. Dist. Assn. -Opp. -Bflo. Place Spec. Chg. Dist. Exp (CCP#124-Sept. 4, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 132 J. Alfieri, Chippewa Ent. Dist. Assn. -Opp. -Prop. Bflo. Place Spec. Chg. Dist. (CP) (CCP#26-Sept. 18, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 133 C. Fisher-M. Adams-Concerns-Natl. Fuel (CCP#63-Sept. 18, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 134 P. Paul-C. Fisher-M. Adams-Concerns-National Fuel (CCP#85-Oct. 2, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 135 C. Fisher-99 & 157 Wakefield Ave. -Concerns-Rodents, etc, (#99, 7/24) (CCP#138-Oct. 2, 01) That the above item be and the same hereby is received and filed. ADOPTED NO.136 99 WAKEFIELD AVE.-CONCERNS PROP. HARB. RODENTS, ETC. (#90, 9/4) (PERMITS) (CCP#139-Oct. 2, 01) Page 58 01-1016.txt That the above item be and the same hereby is received and filed. ADOPTED NO.137 B. Williams-W. Williams-Lots-44 & 46 Riley St.-Cash Realty for Pkg. Lot (CCP#70-Sept. 18, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 138 Petition-N. Ellicott Neigh.-Opp. Prop. Pkg. Lot-46 Riley St. (CP) (CCP420-July 24, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 139 Response-44 & 46 Riley St.-Pkg. Lot (Strat. P1.) (CCP#21-Oct. 2, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 140 C, Cunningham-B. Williams-W. Williams-Lots-44 & 46 Riley-Cash Realty-Pkg. Lot (CCP#77-Oct. 2, 01) That the above item be and the same hereby is received and filed. RECEIVED AND FILED NO. 141 Park Repairs (#234, 6/12) (CCP#184-Sept. 18, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 142 A.Thompson-Solar Ingram-COB Youth Agenda (#95, 6/12) (CCP#185-Sept. 18, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 143 A.Thompson & O-Petition- Solar Ingram-Req. Urban Grnd Mon. (#103, 6/12) (CCP#186-Sept. 18, 01) That the above item be and the same hereby is received and filed. ADOPTED Community Development (Beverly A. Gray, Chairperson) NO. 144 $500,000 UDAG for the Tops Supermarket - Jefferson/Riley Project Page 59 01-1016.txt (Item No. 68, C. C.P., Oct. 2, 200 1) That the Common Council authorizes the Buffalo Economic Renaissance Corporation to utilize $500,000.00 of Urban Development Action Grant funds for the construction of 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 terms and conditions as listed in the above communication. Passed. AYES - 12 - NOES - 0 NO. 145 UDAG Funds - Tops Supermarket - Jefferson/Riley Project (Item No. 174, C.C.P., Oct. 2, 200 1) That the Mayor be, and he hereby is authorized, on behalf of the City of Buffalo, to execute and file application to the United States Department of Housing and Urban Development for Urban Development Action Grant assistance; and 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; and That the Mayor, or his duly authorized and appointed representative, is hereby authorized to execute such materials or take such other action as may be necessary to effectuate the purpose of this grant, and this resolution; and That all repayment monies received by the City of Buffalo under such Urban Development Action Grant shall be credited to the Buffalo Economic Renaissance Corporation to be re-loaned for economic development activities. Adopted. NO. 146 C. Fisher-E. Lester-BMIHA-Denial-Relocation Request (CCP#98-Mar. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 147 Transfer of Title, Urban Homestead - 0 Grape Street and 0 Grape Street (Item No. 23, C. C. P., Oct. 2, 200 1) That the city-owned property commonly known as 0 Grape Street (S.B.L. 4100.73-2-11.1 and S.B.L, 4100.73-2-11.2) are hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said properties to Ms. Joyce A. Darden, residing at 276 Grape 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. 148 Transfer of Title, Urban Homestead - 357 Herman Street (Item No. 24, C.C.P., Oct. 2, 2001) That the city-owned property commonly known as 357 Herman Street is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized Page 60 01-1016.txt to execute a deed transferring said property to Mr. Alfonso L. Hayes, residing at 359 Herman 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. 149 Transfer of Title, Urban Homestead - 601 Michigan Avenue (Item No. 14, C.C.P., Sept. 18, 200 1) That the city-owned property commonly known as 601 Michigan Avenue is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mrs. Willie Ruth Foster, residing at 5 99 Masten Avenue, in the amount of $ 1. 00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. Passed. AYES - 12 - NOES - 0 NO. 150 Transfer of Title, Urban Homestead - 263 Riley Street (Item No. 16, C. C.P., Sept. 18, 200 1) That the city-owned property commonly known as 263 Riley 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. David Kelley and Ms. Catherine Y. Kelley, residing at 263 Riley 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 - 509 Sherman Street (Item No. 25, C.C.P., Oct. 2, 200 1) That the city-owned property commonly known as 509 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 Ms. Latotsha Carrington, residing at 505 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 Education (Charley H. Fisher, III, Chairman) NO. 152 Letter to HUD-Public School Cont. (Mayor) (CCP#I-Sept. 19, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 153 Page 61 01-1016.txt B. Williams-G. Hubbard-Unavail. Transp.-King Urb.-Ken. Heights (Bd. Ed.) (CCP#70-May 15, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 154 Glen-Main Blk. Club-E. Nunn-Tennis Cts.-W. Hertel Pkg, etc. (Bd Ed) (CCP#71-May 15, 01) That the above item be and the same hereby is received and filed. ADOPTED Special Committees MINORITY BUSINESS ENTERPRISE COMMITTEE (Charley H. Fisher, III, Chairman) No. 155 Det. State Int.-Est. MBE/WBE Part. Req. (Law) (CCP#50-Mar. 7, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 156 Utl. Of Project Labor Agree.-City Const. Proj. (Law) (#21, 1/11) (CCP# 111 -Feb. 8, 01) That the above item be and the same hereby is received and filed. ADOPTED BUDGET COMMITTEE (ROSEMARIE LOTEMPIO, CHAIRPERSON) NO. 157 REVIEWING OF PERSONAL SERVICE CONTRACTS (EX, FIN. RES.) (CCP4184-NOV. 14, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 158 REVIEWING PERSONAL SERVICE CONTRACTS (ASSESS.) (CCP#35-DEC. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 159 PERSONAL SERVICES CONTRACTS (POL.) (CCP#54-DEC. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 160 REVIEWING OF PERSONAL SERVICE Page 62 01-1016.txt CONTRACTS(COM SVS CCP# 62 DEC 12, 2000 That the above item be and the same hereby is received and filed. ADOPTED NO. 161 PERSONAL SERVICES CONTRACTS (BERC) CCP# 69 DEC 12, 2000 That the above item be and the same hereby is received and filed. ADOPTED NO. 162 PERSONAL SERVICE CONTRACTS (HR) That the above item be and the same hereby is received and filed. ADOPTED NO. 163 V. GUGLIUZZA, LOC 4282-UNIV. HEALTH COV.-BFLO. TEACHERS (CCP#70-OCT. 3, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 164 B. WILLIAMS-D. CHRISTOPHER-A.F.S.C.M.E. LOC #274-E. SIDE TR. ST. (CCP#157-MAR. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 165 J PAVELJACK-COMPLAINTS-E. CO. TAKEOVER-E. S. TR. STAT. TRUCK TRAFFIC, ETC. (`CCP#99-APRIL 17, 01) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 166 BY: MR. FONTANA RE: ORDINANCE AMENDMENT CHAPTER 414- SPECIAL EVENTS The Common Council of the City of Buffalo does hereby ordain as follows: That Sections 414-3(B) and 414-6 of Chapter 414 of the Code of the City of Buffalo be amended and that Section 414-5 be amended to add a new subsection (C), to read as follows: Sec. 414-3. Special Events Advisory Committee. B. Composition of the SEAC The SEAC shall be comprised of the following officials or their designated representatives. The Special Events Coordinator, serving as Chair of the Committee. 2. The [Commissioner of Community Development] Executive Director of the Office of Strategic Planning Page 63 01-1016.txt 3.The Commissioner of Police. 4.The Commissioner of Public Works, Parks and Streets. 5. The Deputy Commissioner of [Street Sanitation] Streets. 6.The Commissioner of Fire. 7. The Commissioner of [Neighborhoods, Housing and Inspections] Permit and Inspection Services. 8.The Commissioner of Human Services, Parks and Recreation] Deputy Commissioner for Parks and Recreation. 9. The Director of Budget and Management. 10. The Director of Parking Enforcement. 11. The Director of Recreation. 12. The Corporation Counsel. 13. The Common Council Chief of Staff. Sec. 414-5. Sponsor Responsibility. It is the sponsor's responsibility to make application to conduct a special event as provided in this article and to furnish any additional information that may be requested, The sponsor is responsible for notifying and, where necessity or appropriate, consulting with property owners and occupants in and adjoining the proposed special event up to one-quarter (1/4) mile from the perimeter of the special event area. -It is the sponsor's responsibility to abide by all of the terms and conditions established as part of the approval process. It shall be the sponsor's responsibility to provide for the protection of the safety, health, property, and general welfare of those attending and participating in the special event. Sec. 414-6. Application and Cost Estimation. A. Application The sponsor must submit an application to the SEAC at least ninety (90) days prior to the event. The application must include a proposed budget and a previous year's budget if such event took place in the previous year. The SEAC may meet with the sponsor and review the obligations of various City departments and the sponsor. The sponsor shall submit information regarding its notice to and consultation with the neighboring property owners or occupants within a one-quarter (1/4) mile from the perimeter of the special event. The sponsor must supplement the application as new information is learned or obtained, including the addition of sponsors. The SEAC shall render its decision on a completed application within twenty-one (2 1 ) days of receipt of a completed application. All permit applications and applicable fees must be submitted thirty (30) days prior to the start of the event, including those related to fireworks, concession stands and amusement rides. Application forms are to be obtained from and returned to the Mayor's Office in City Hall. Exceptions may be made for justifiable reasons upon petition to the Special Events Coordinator. The Special Events Coordinator may waive compliance with the time limits stated in this provision upon good cause shown. B. City Costing Process The completed form will be distributed to the appropriate City departments and agencies who will estimate the additional costs that would be incurred as a result of the event. This information may be used in establishing terms and conditions under which an event may be conducted when the use of police or other City personnel is appropriate, possible, and not in conflict with any other administrative policies and procedures and/or labor agreements. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is Page 64 01-1016.txt necessary. APPROVED AS TO FORM Matter in brackets to be deleted; matter underlined is new. Corporation Counsel PASSED AYES -12 NOES - 0 NO. 167 BY: MRS. LOTEMPIO EXCUSE COUNCILMEMBER GRAY FROM COUNCIL MEETING. Whereas:Councilmember Beverly Gray will be unable to attend the Council meeting on Tuesday, October 16, 2001, Now, Therefore, Be It Resolved: That the Common Council excuses Councilmember Beverly Gray from attending the October 16, 2001, Common Council meeting. ADOPTED NO. 168 BY:MR. PITTS, MS. LOTEMPIO, MS. GRAY, MR. FISHER, MR. COPPOLA, MS. MILLER-WILLIAMS, MS. ELLINGTON, MR. FONTANA, MR. THOMPSON, MR. BONIFACIO, MR. GOLOMBEK, MS. MARTINO, & MS. GRANT CITY OF BUFFALO FISCAL CRISIS Whereas:It has become apparent that the City of Buffalo is facing serious financial woes. These fiscal problems have been caused by a reduction in the City tax base, a reduction in sales tax revenue and most seriously the lack of a projected 31 million dollars anticipated from New York State upon the completion of their budget, a process slowed considerably after the September 11, 2001, terrorist attacks; and Whereas:In an attempt to cut costs, the City of Buffalo recently laid off 75 employees, with additional layoffs being considered, legislation was approved which will temporarily close up to two firehouses per day on a rotating schedule, travel expenses and raises have been frozen as well as grants-in-aid, and all non-essential projects within the City of Buffalo; and Whereas:The Common Council, Administration and Unions are also exploring other cost saving measures including a reduced work week; and Whereas:The Buffalo Board of Education is sharing in the fiscal crunch. Facing a 28.3 million dollar debt, the Board of Education's proposed cost saving measures will include the layoff of instructors and school personnel, a reduction in supplies, the elimination of non-mandatory school services, and a halt to any facility improvements; and Whereas:Although Buffalo is sympathetic to the needs of New York City and the horrific tragedy they have suffered, the City of Buffalo is in desperate need of funding to avoid bankruptcy with in a month; and Whereas:With out the needed funding, all City residents, employees and children will suffer. City and school services will be drastically reduced or eliminated, an undetermined number of people will loose their jobs; thus causing negative effects to the local and national economy; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo does hereby Page 65 01-1016.txt strongly request that the elected officials of New York State and the Federal Government to support the release of immediate funds for the City of Buffalo. That certified copies of this resolution be sent to representatives of the NY State Legislature. ADOPTED NO. 169 BY: MR. PITTS, MRS, LOTEMPIO, MR. FONTANA, MS. GRAY, MR. FISHER, MR. COPPOLA, MS. MILLER-WILLIAMS, MS. ELLINGTON, MR. THOMPSON, MR. BONIFACIO, MR. GOLOMBEK, MRS. MARTINO, MS. GRANT EARLY RETIREMENT FOR CITY OF BUFFALO EMPLOYEES Whereas: Due to the lack of a New York State budget, the City of Buffalo is facing a financial crunch as $31 million in anticipated funding has yet to arrive from Albany; and Whereas: The events and tragedy of September 11, 2001 have changed the nation, state, and city, forever. It is now unclear what funding the City of Buffalo will receive from New York State; and Whereas: The City of Buffalo has taken measures to reduce its expenses including cutting jobs, freezing spending, and looking onto the implementation of a four-day work week ;and Whereas: Another option the city can explore is to offer an early retirement incentive to its employees as a way to minimize layoffs; and Whereas: If New York State offered early retirement incentives without targeting or penalty to City of Buffalo employees, substantial savings could be realized and additional layoffs to city employees could be averted; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo requests the New York State legislature to offer early retirement incentives without targeting or penalty to City of Buffalo employees or additional costs associated with the early retirement to the city, as a way to soften the blow of possible layoffs to employees during this fiscal crisis; and That certified copies of this resolution be sent to representatives of the New York State legislature. ADOPTED NO. 170 BY: MR. PITTS, MRS. LOTEMPIO, MR. FONTANA, MS. GRAY, MR. FISHER, MR. COPPOLA, MS. MILLER-WILLIAMS, MS. ELLINGTON, MR. THOMPSON, MR. BONIFACLO, MR. GOLOMBEK, MRS. MARTINO, MS. GRANT FREEZE ON COUNCIL SPENDING Whereas: The City of Buffalo is currently facing a serious financial crisis due to the lack of a New York State budget and anticipated funding that has yet to arrive from Albany; and Whereas: The Mayor, Comptroller, and this Common Council have put in place a contingency plan and have prepared a list of cost-cutting strategies to help the City of Buffalo get through the current financial emergency; and Whereas: Many measures have already been taken to reduce expenses, such as a hiring freeze,job cuts, and the rotating closings of engine companies; and Whereas: This collaborative and collective effort by all parts Page 66 01-1016.txt of city government is the only way the City of Buffalo can survive this financial challenge; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo place a freeze on Council spending, including a freeze on hiring, as well as on out of town on travel, meals and lodging expenses; and NOW, THEREFORE BE IT RESOLVED: That the Common Council of the City of Buffalo place a freeze on Council spending, which includes a freeze on hiring, as well as on out of town travel, meals, and lodging Be It Further Resolved: That the Common Council is initiating these spending freezes in support of the Mayor's efforts in reducing expenses during the current financial crisis. ADOPTED NO. 171 BY: THOMPSON SHIFT OF OPERATION INTO ECONOMIC DEVELOPMENT ZONE Whereas: DDM Digital Imaging, Data Processing and Mailing Services, L.C. performed mailing services from a 2,700 square foot rented facility on Northampton Street in the Masten District in 2000 and 2001; and Whereas: DDM employed about 14 people at that location in 2000, including six residents of Buffalo and eight within close proximity, and; Whereas: Physical space constraints prevented DDM from remaining at 980 Northampton Street; and Whereas: Suitable space of 23,800 was found in the Ellicott District at 1175 William Street near the Main Post Office which was purchased on June 13, 2001; and Whereas: DDM's employment has since grown to 38, with over 50% being residents of the City of Buffalo; Now, Therefore, Be it Resolved: That the City of Buffalo consents to the relocation of DDM-Digital, Data Processing and Mailing Services, L.C. from the Masten District of Buffalo to an Economic Development Zone in the Ellicott District of Buffalo. ADOPTED NO. 172 BY: MR. THOMPSON AND MS. GRANT V RE-NAMING OF ALL HIGH STADIUM Whereas: Homer Baxter Platt, Jr. who founded the Western New York Jets Track Club in 1989 and was an avid lover of varsity athletics; and Whereas: Mr. Platt formerly coached many students including members of the Bennett High Track and Field Team to numerous Track and Field Championships and secured various scholarships for students to Division I schools during his coaching years; and Whereas: Mr. Platt served as a program manager for community planning and development for the Buffalo Office of the United States Department of Housing for the past 25 years; and Whereas: In 1988 Mr. Platt and long time friend and Colleague, Ron Graham, was instrumental in bringing the Page 67 01-1016.txt Junior Olympic National Championship, which was the largest track and field competition in the United States to Buffalo, NY providing an reported economic boost of 13 million dollars to the local economy. Whereas: In 1989 Mr. Platt and long time friend and Colleague, Ron Graham, organized the Western New York Jets Track Club for young women; and Whereas: The Western New York Jets Track Club competed in various national and international invitational competitions; and Whereas: The Ail High Stadium located behind Bennett High School, is the site of numerous victories for Mr. Platt and numerous students on various track and field teams he coached throughout the years; Now Therefore Be It Resolved That: To honor such a deserving person the name of All High Stadium be changed to Homer Platt Stadium. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION NO. 173 BY: MSGRS. THOMPSON AND FISHER RE-NAMING OF FLORIDA PANSY PARK Whereas: Horace "'Billy" Johnson, former 6 term Councilmember of the Masten District and well known advocate and spokesman in the fields of politics, education, religious and civic activities; and Whereas: Mr. Johnson served the Masten District as Councilmember from 1965 to 1979, before serving as Councilmember, he served the City of Buffalo as Supervisor, Director of the Division of Demonstration Projects by Mayor Stanley Makowski, and later Coordinator of State and Federal Aid by Mayor Jimmy Griffin; and Whereas: Mr. Johnson established the Tutoring Institute of the Cold Spring Lay Advisory Committee. He was the General Chairperson of the first United Negro College Fund's first "Parade of Stars" telethon and Co-Chairperson of the United Negro College Fund, Buffalo Chapter; and Whereas: Mr. Johnson was active in many civic and community organizations such as Board member of the Buffalo Museum of Science, Sisters Hospital, the Erie County Planning Board, the Buffalo Urban League, Community Action Organizations and the Humboldt YMCA; and Whereas: Mr. Johnson was also active in the Bennett-Wells Post #1780, American Legion, Henry Pollard Post #5, American Veterans, Greater Jefferson Businessmen's Association, Alpha Phi Alpha Fraternity Inc., Ionic Lodge #77F, H.O.M.E and the Social Action Page 68 01-1016.txt Committee of the Council of Churches; and Whereas: Since Mr. Johnson was a resident and active in the growth and development of Hamlin Park, it would be an honor to name Florida Pansy Park, located in Hamlin Park, after this outstanding community leader; Now Therefore Be It Resolved That: To honor such a deserving person the name of Florida Pansy Park is chancied to Horace '"Billy" Johnson Park. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE COMMISSIONER OF PUBLIC WORKS NO. 174 BY: MS. BARBARA MILLER-WILLIAMS DISPLAY BANNER FOR DISTINCTLY DELAWARE Whereas: Distinctly Delaware, Inc. has recently formed to promote the assets of this special neighborhood in downtown Buffalo, and Whereas: To promote this new organization Distinctly Delaware has requested permission to display a banner on Delaware Ave. where Trinity Church usually erects the White Elephant Sale banner. and Whereas: The organizers would like to display the banner as soon as possible: Now. Therefore., Be It Resolved: That this Common Council grants permission to Distinctly Delaware to display the banner, pursuant to the conditions established by the Commissioner of Public Works, the Corporation Counsel and the Special Events Advisory Committee. PASSED AYES -12 NOES - 0 NO. 175 BY MRS. WILLIAMS FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for THE GREATER REFUGE TEMPLE By Councilmember Pitts Michaux Felicitation FOR BISHOB DEAS and SISTER GERALDINE DEAS By Councilmember Pitts and Michaux III ADOPTED. NO. 176 BY: BARBARA A. WILLIAMS APPOINTMENTS COMMISSIONERS OF -DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are! hereby appointed as Commissioner of Deeds for the term ending December 31, 2002, conditional - upon the persons so appointed certified under' oath to their qualifications and filing same with the City DEBORAH MULHERN NANCY J. LAURIA LISA HUMMER BRENDON DICKMAN Page 69 01-1016.txt ELLEN BALTHASAR PATRICIA PLEW ADOPTED UNFINISHED BUSINESS NO. 177 BOND RESOLUTION- $1,5 00, 000-BONDS-PLANNING IMPROVEMENTS-JSCB -NEW SCHOOL CONST. (CCP# 168-10/2/01) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Fontana CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Fontana PASSED AYES-12 NOES- 0 NO. 178 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in Room 1417 City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, Oct. 23, 2001 at 9:30 o'clock A.M. Committee on Finance Tuesday, Oct. 23, 2001 following Civil Service Committee on Legislation Tuesday, Oct. 23, 2001 at 2:00 o'clock P.M. Committee on Community Development Wed., Oct. 24,2001 at 10:00 o'clock A.M. Committee on Education Wed., Oct. 24, 2001 at 2:00 o'clock P.M. Special Committees Committee on Legislation-"Used Car Dealerships-Thursday, October 18, 2001 at 2:00 PM in Room 1417 City Hall. Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may b meetings set up whereby the City Clerk's Office is not made aware, therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 179 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 3:40 pm CHARLES L. MICHAUX, III CITY CLERK Page 70