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Home My WebLink About01-0626 01-0626.txt No. 12 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO June 26, 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 LoTempio 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 ANTONIE 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, Betty Jean Grant, Richard Fontana and Barbara Miller-Williams-Members COMMUNITY DEVELOPMENT COMMITTEE: Beverly Gray, Chairman, Joseph Golombek Jr., Rosemarie LoTempio, Charley H. Fisher III, Antoine Thompson and Karen Ellington-Members FINANCE COMMITTEE: Betty Jean Grant, Chairman, Page 1 01-0626.txt 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, 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, JUNE 26, 2001 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and Council Members Bonifacio, Coppola, Ellington, Fisher, Fontana, Golombek, Grant, Gray , LoTempio, Martino, Pitts, and Thompson Williams -13 ABSENT --0 ON A MOTION BY MRS. LOTEMPIO, SECONDED BY MR. FONTANA, THE MINUTES OF THE STATED MEETING HELD ON JUNE 12, 2001 WERE APPROVED. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BUFFALO ARTS COMMISSION NO. 1 Temporary Installation of Artwork Buffalo The Buffalo Arts Commission has no objection to the temporary installation of the artwork ( a painted fiberglass buffalo ) proposed by Page 2 01-0626.txt Mr. Jerome Chesley, to be located on city property at the south-east corner of Elmwood Ave. and Nottingham Terrace. The buffalo, which depicts scenes from the 1901 Pan American Exposition, will be on display through October 2001. RECEIVED AND FILED FROM THE OFFICE OF CITIZEN SERVICES NO. 2 "Internet Access to office of Citizen Services" (#218 CCP June 12, 2001) The Mayor's Division of Citizen Services has been working closely with Management Information Systems (M.I.S.), in the expansion of information and services that will be available to the public through the City's new web page. One of the new services will be a Mayor's Hotline Complaint form. This service will enable 24 hour computer access to report complaints. Those complaints will be handled in the same manner as those registered by phone, in person, or by councilmanic referral. M.I.S. is confident that the complaint form will be on line by early August. Because this new service is nearly operational, it would be confusing and perhaps counterproductive to establish an interim system at this time. However, the Council's request for this complaint access is an excellent request and one that will be available this August. The Common Council should also be pleased to know that our City is being recognized as a national example of providing its citizens the opportunity to improve the delivery of city services. Future refinements in the complaint system, in combination with analysis and dialog with the Common Council, can result in superior City services being delivered in a highly cost effective manner. RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO. 3 L. Martino & R. Damiani 42 W. Chippewa Sidewalk Cafe Item No.108, C.C.P. 5/1/01 The City Planning Board at its regular meeting held Tuesday, June 19,2001, considered the matter captioned above pursuant to Section 413-59 of the Buffalo Code, Sidewalk Cafes, The applicant seeks to use 61X 601 of Asbury Alley for a sidewalk cafe located at 42 West Chippewa Street. Under SEQR the proposed sidewalk Cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to deny this proposal as planning staff has been unable to reach the applicant and a meeting with a neighboring business that was requested by the Planning Board has not taken place to our knowledge. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 4 NYSARC 101 Oak Street Ground Sign Item No. 98, C.C.P. 6/12/01 The City Planning Board at its regular meeting held Tuesday, June 19, 2001 considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. Page 3 01-0626.txt The applicant seeks to erect a 31X7'X 61ground "ID" sign at 101 Oak Street. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to receive and file this item as the sign is located in the Oak Michigan Industrial Corridor Urban Renewal Area Phase II which does not allow for free standing signs. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 5 T. Truong 1096 - 1098 Elmwood Avenue Sidewalk Cafe Item No.59, C.C.P. 5/29/01 The City Planning Board at its regular meeting held Tuesday, June 19,2001, considered the matter captioned above pursuant to Section 413-59 of the Buffalo Code, Sidewalk Cafes, The applicant seeks to use 81X181 of the sidewalk for a sidewalk caf6. located at 1096-1098 Elmwood Avenue. Under SEQR the proposed sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval with the following conditions: 1) no outside music of any kind 2) tables will be bused with no outside trash receptacles 3) 11:00 P.M. closing time RECEIVED AN FILED NO. 6 M. Miranda 1565-1567 Hertel Handicap ramp in right of way Item No. O(Com 57), C.C.P. 5/29/01 The City Planning Board at its regular meeting held Tuesday, June 19,2001, considered the matter captioned above pursuant to Section 413-59.1 of the Buffalo Code, Encroachment in the right of Way, The applicant seeks to use 271X 101 of the sidewalk for a handicap ramp located at 1565-1567 Hertel Avenue. Under SEQR the proposed handicap ramp is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval for the encroachment of the right of way for the proposed handicap ramp. A public hearing was held on 6/19/01 which resulted in no opposition to this proposal. RECEIVED AND FILED NO. 7 Y. Ali, Agent 3223 Bailey Avenue Used Car Lot Item No. 108, C.C.P. 5/29/01 The City Planning Board at its regular meeting held Tuesday, June 19, 2001 considered the matter captioned above pursuant to Section 511-65 of the Buffalo Code, Kensington Bailey Business District, Restricted Use. The applicant seeks to operate a used car business as an assesory use to an existing repair facility located at 3223 Bailey Avenue. Under SEQR the proposed used car lot is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed used car lot with the following restrictions: 1) Maximum 16 Cars for sale at anytime 2) new 7' fence along the rear property line 3) Cars to be repaired will be stored in the rear parking area Page 4 01-0626.txt 4) The used car lot must meet all City of Buffalo ordinances RECEIVED AND FILED NO. 8 C. McCaffery agent 3105 Main Street Illuminated Ground Sign Item No.101, C.C.P. 6/12/01 The City Planning Board at its regular meeting held Tuesday, June 19, 2001 considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect a 5.51X71I.D. Ground Sign. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed ground sign RECEIVED AND FILED NO. 9 C. McCaffery agent 63 West Chippewa Illuminated Pole Sign Item No.107, C.C.P. 5/1/01 The City Planning Board at its regular meeting held Tuesday, June 19, 2001 considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect a 51X71X201 pole I.D. Sign. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to receive and file this item as the application has been withdrawn by the applicant. RECEIVED AND FILED NO. 10 J. Hill 102 Theodore Street Sidewalk Cafe Item No.60, C.C.P. 5/1/01 The City Planning Board at its regular meeting held Tuesday, June 19,2001, considered the matter captioned above pursuant to Section 413-59 of the Buffalo Code, Sidewalk Cafes, The applicant seeks to use 201X 101 of the sidewalk for a sidewalk caf6. located at 102 Theodore Street. Under SEQR the proposed sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to deny this proposal as planning staff has been unable to reach Mr. Hill and a neighborhood meeting that was requested by the Planning Board has not taken place as of 6/19/2001. RECEIVED ANF FILED NO. 11 Delaware-Franklin Partnership, R Rung 494 Franklin Street AKA 59 Allen Street Sidewalk cafe, Restricted Use AD District Item No. 100, C.C.P. 6/12/01 The City Planning Board at its regular meeting held Tuesday, June 19,2001, considered the matter captioned above pursuant to Section 413-59 and 511-57 of the Buffalo Code, Sidewalk cafes and Allentown District, respectively. The applicant seeks to use 50.751X 101 of the sidewalk for a sidewalk caf6 and extend the use of a restaurant in the Allen Street District Page 5 01-0626.txt located at 494 Franklin Street AKA 59 Allen St. Under SEQR the proposed sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval for the use of the existing sidewalk caf6( pending preservation Board review and approval) and extend the use of the existing restaurant to the new owner. RECEIVED AND FILED NO. 12 Delaware-Franklin Partnership, V Mundy 494 Franklin Street AKA 69 Allen Street Restricted Use AD District Item No.99, C.C.P. 6/12/01 The City Planning Board at its regular meeting held Tuesday, June 19,2001, considered the matter captioned above pursuant to Section 511-57 of the Buffalo Code, Restricted use Allen Street District, The applicant seeks to extend the use of a take out restaurant in the Allen Street District located at 494 Franklin Street AKA 69 Allen St. Under SEQR the proposed sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval for extending the use of the existing restaurant to the new owner. RECEIVED AND FILED NO. 13 C&E Giovino 1463 Hertel Ave. Sidewalk cafe Item No. 102, C.C.P. 6/12/01 The City Planning Board at its regular meeting held Tuesday, June 19,2001, considered the matter captioned above pursuant to Section 413-59 and 511-59 of the Buffalo Code, Sidewalk cafes and Hertel Avenue District, respectively. The applicant seeks use 913"X491 of the sidewalk for a sidewalk caf6 at 1463 Hertel Ave. Under SEQR the proposed sidewalk cafe is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to table this item until Mr. Giovino could give the planning board more information regarding the caf6 due to Mr. Giovino not being able to make this meeting. RECEIVED ANF FILED NO. 14 J.Wopperer 1032 Niagara Street 100 ft. Monopole Item No.97, C.C.P. 6/12/01 The City Planning Board at its regular meeting held Tuesday, June 19, 2001 considered the matter captioned above pursuant to Section 511-68 of the Buffalo Code, Niagara River Special Coastal Review District. The applicant seeks to erect a 100 ft monopole communication antenna and a 91X16' equipment shelter. Under SEQR the proposed monopole is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed monopole communication tower with the understanding that the tower height will initially be held to 701 with a possible future height leveling off at 100'. The tower will also be designed to collapse straight down verse falling over if a serious condition damages the monopole structure. RECEIVED AND FILED Page 6 01-0626.txt NO. 15 Use Permit Required for Human Service Facilities Item No.0, C.C.P. 6/12/01 The City Planning Board at its regular meeting held Tuesday, June 19, 2001 considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code, Use Permit, Human Service Facilities. The applicant seeks to extend the restricted use permit legislation for Human Service facilities until July 1, 2002. Under SEQR the proposed action is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval to extend the restricted use permit legislation for Human Service Facilities until July 1, 2002. RECEIVED AND FILED FROM THE BOARD OF PARKING No. 16 Objection to On-Street Parking Recommendations Item No. 38, C.C.P 06/12/01 The Board of Parking has no formal jurisdiction in this matter, our responsibilities are for off-street parking only. The Board of Parking was aware of the recommendations made by the Parking Infrastructure Task Force to create 500 new on-street parking spaces, and support the concept. REFERRED TO THE COMMITTEE ON LEGISLTION FROM THE OFFICE OF STRATEGIC PLANNING NO. 17 628 WASHINGTON STREET TELECOMMUNICATIONS EASEMENT Attached for your review and approval is An Easement Agreement between BURA and Verizon New York Inc. This easement will provide high-speed internet service to the tenants located at 628 Washington Street (the "Loft Building" above the Market Arcade Cinema). I therefore respectfully request that your Honorable Body approve the attached easement. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND THE OFFICE OF TELECOMMUNICATIONS NO. 18 Request Purchase 480 & 482 Spring Street B. Williams & S. Johnson Item #99, C.C.P. 5/15/2001 The above reference item is a letter from Mrs. Sharon L. Johnson regarding her efforts to acquire 480 and 482 Spring Street. The lot at 480 Spring is 251 x 1321 and 482 Spring Street is 251 x 132, and were acquired through tax foreclosure. They are in the Homeownership Zone and have been placed on hold for new housing development. REFERRED TO THE COMMITTEE ON FINANCE NO. 19 Results of Negotiations 1609 Genesee, 63.97' E Koons on Doat Vacant Lot: 22' x 83' Assessed Valuation: Land $4,000 Total $103,100 Page 7 01-0626.txt The office of Strategic Planning, Division of Real Estate has received a request from Rev. Charles G. Biegner, Jr. of Evangelical Lutheran Church, 3 Doat Street, Buffalo, New York 14211 to purchase the City-owned building at 1609 Genesee Street. The property consists of a 4,700 square foot building, originally a City-owned Library and formerly occupied by C.R.U.C.I.A.L., situate on a lot 22' x 83'. The Church owns all the surrounding property and plans to use the building for an outreach and medical clinic. The Office of Strategic Planning and Division of Collections have no objections to the sale. There are no outstanding taxes, building code violations, or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Thomas Evege of Bronstein Appraisals, 3666 Main Street, Buffalo, New York 14226. He has estimated the value of the property to be Thirty-five Thousand Dollars ($35,000). The Division of Real Estate has investigated the sale of similar buildings in the area. Sales prices range from Three Dollars ($3.00) to Nine Dollars ($9.00) a square foot. The results of our negotiations are that Evangelical Lutheran Church has agreed and is prepared to pay Twenty-Five Thousand Dollars ($25,000), Five Dollars Twenty-five ($5.25) a square foot for the subject property. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 1609 Genesee Street to the Evangelical Lutheran Church for the amount of Twenty-Five Thousand Dollars ($25,000). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 20 Results of Negotiations 244 Purdy - Estate of Ruth N. Scott Lot Size: 30' x 100' Land Value: $1,500 Total: $15,200 The Office of Strategic Planning, Division of Real Estate has received a request from Attorney William E. Lawson to reacquire 244 Purdy Street. His firm was representing the estate of Ruth N. Scott, owner of the property. while his firm was aware of the pending foreclosure, payment of the taxes were not timely and the property was acquired by the City of Buffalo in August of 2000, In-Rem #156. Mr. Lawson proposes to reacquire the property by paying taxes and foreclosure charges or the Fair Market Value, which ever is higher. The property consists of a one and one-half story frame home on a lot 30, x 100. The taxes and foreclosure fee's amount to Nine Hundred Twenty-Five Dollars and Forty-Three Cents ($925.43). An independent appraisal of the property was conducted by Mr. Michael Heigel, appraiser. He has estimated the property to be Fifteen Hundred Dollars ($1,500). Mr. Lawson has agreed to pay Fifteen Hundred Dollars ($1,500) to regain title to the property. I am recommending that Your Honorable Body approve the request of Mr. William Lawson, on behalf of the estate of Ruth N. Scott, in the amount of Fifteen Hundred Dollars ($1,500). I am further recommending that the Corporation Counsel prepare all necessary documents for the transfer of title and that the Mayor be authorized to execute the same. RECEIVED AND FILED NO. 21 Results of Negotiations Page 8 01-0626.txt 126 Sobieski, 948.14' E Fillmore Vacant Lot: 28' x 94' Assessed Valuation: $1,400 The Office of Strategic Planning, Division of Real Estate, has received a request to purchase from Mr. Inran Khan, 128 Sobieski, Buffalo, New York 14212. Mr. Khan owns and resides at 128 Sobieski Street, which is adjoining to 126 Sobieski Street. Mr. Khan intends to use the property for extra yard space. The Office of Strategic Planning and the Division of Collections have no objection to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by P.S. Breidenstein, Appraiser, 798 Center Road, West Seneca, New York 14224. She has estimated the value of the parcel to be one Hundred Fifty Dollars ($150). The Division of Real Estate has investigated the sales of similar properties in the area. Sales price range from Fifteen Cents (.15) to Thirty-Three Cents (.33) asquare foot. The results of our negotiations are that Mr. Inran Khan has agreed and is prepared to pay Four Hundred Fifty Dollars ($450), Seventeen Cents ($.17) a square foot, for this parcel. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 126 Sobieski Street to Mr. Inran Khan in the amount of Four Hundred Fifty Dollars ($450). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE CMMITTEE ON FINANCE NO. 22 Sale of Real Property 1203 City Centre (Condominium) Pursuant to State Law, disposition of BURA real property must be approved by the Agency and the Common Council. Attached hereto is a copy of a purchase offer for 1203 City Centre for the asking price of $193,250. Mrs. LoTempio Moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated June 14, 2001, be received and filed; and That the Buffalo Urban Renewal Agency be and it hereby is authorized to accept the offer of One Hundred Ninety Three Thousand Two Hundred and Fifty Dollars ($193,250.00) from Horace V. & Kathryn W. Beflanca and Peter Clancy, for the sale of 1203 City Centre. PASSED AYES - 13 - NOES - 0 NO. 23 Transfer of Title, Urban Homestead Program 51 Box (City Owned-vacant lot, dimensions '32' x 118') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 51 Box Street, Buffalo, New York 14211, parcel is 32' x 118' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Ms. Cassandra C. Adkins residing at 53 Box Street indicated that she will clean, Improve and maintain the lot in the event that she obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot to be Page 9 01-0626.txt designated as a. Homestead Property and be transferred to Ms. Cassandra C. Adkins on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 24 Transfer of Title, Urban Homestead Program 114 Fox (City Owned-vacant lot, dimensions 30' x 132') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 114 Fox Street, Buffalo, New York 14212, parcel is 30' x 132 in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Ms. Alma Ingram residing at 110 Fox Street indicated that she will clean, improve and maintain the lot in the event that she obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Ms. Alma Ingram on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON OMMUNITY DEVELOPMENT No. 25 Transfer of Title, Urban Homestead Program Northerly Half of 49 Guilford (City Owned-vacant lot, dimensions 60' x 115') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 49 Guilford Street, Buffalo, New York 14212, parcel is 60' x 115' in dimension. The request is to homestead a portion of the lot (northerly half). It has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Ms. Josephine Brown residing at 55 Guilford Street indicated that she will clean, improve and maintain the lot in the event that she obtains title to the northerly portion of the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the northerly portion 30' x 115' of the city-owned vacant lot bc designated as a Homestead Property and be transferred to Ms. Josephine Brown on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 26 Transfer of Title, Urban Homestead Prograrn 51O Madison (City Owned-Vacant Lot) Lot Size: 25' x 109' 516 Madison (City Owned -Vacant Lot) Lot Size: 25' x 109' The Office of Strategic Planning has surveyed the city-owned vacant lots at 510 and 516 Madison Street, and it has been determined that these parcels cannot be sold, and are not needed for public purposes. Ms. Yolanda Tyner owns and resides at 512 Madison Street, which is adjoining to 510 and 516 Madison Street. She has requested to Page 10 01-0626.txt homestead these two (2) vacant City-owned lots. Ms. Tyner intends to clean the area and use for extra yard space. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lots be designated as Homestead Properties and be transferred to Ms. Yolanda Tyner on the condition that the properties are cleared and improved within six (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 27 Transfer of Title, Urban Homestead Program 122 Shurnway (City Owned-vacant lot, dimensions 30' x 105') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 122 Shurnway Street, Buffalo, New York 14206, parcel is 30' x 105' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Ms. Dorothy E. Jones residing at 120 Shurnway Street indicated that she will clean, improve an( maintain the lot in the event that she obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property, and be transferred to Ms. Dorothy E. Jones on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 28 CAPITAL DEBT SERVICE FUND DEPOSITS - 2001/2002 FISCAL YEAR Certificate Number 1-01/02 of the Comptroller of the City of Buffalo, New York, relative to the Capital Debt Service of Fund of said city, stating the amounts to be deposited therein and paid therefrom for the period Commencing July 1, 2001 and ending June 30, 2002 I Anthony R. Nanula, Comptroller of the City of Buffalo, New York, in accordance with the provisions of Section 202 of the resolution entitled: "Enabling Resolution of the City of Buffalo, New York, Establishing a Capital Debt Service Fund, Determining the Terms and Conditions of Such Fund and Other Matters in Connection Therewith, and Providing for the Rights of Holders of Capital Debt Obligations of the City." duly adopted by the Common Council on March 8, 1977, and pursuant to the duties of the chief fiscal officer set forth therein, Do Hereby Certify as follows: 1. The Capital Debt Service Fund Requirements for the fiscal year commencing July 1, 2001 and ending June 30, 2002 is $53,045,540.02. 2. The portion of said Capital Debt Service Requirement allocated to the First Collection Period July 1, 2001 through and including December 31, 2001), is $25,877,737.51. 3. The portion of said Capital Debt Service Requirement allocated to the Second Collection Period (January 1, 2002 through and including Page 11 01-0626.txt June 30, 2002), is $27,167,802.51. 4. The First Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing July 1, 2001 and ending December 3 1, 2001 on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bonds $3,489,385.64 Jul. 31, 2001M & T Trust Company Buffalo, New York Serial Bonds 267,347.50 Jul. 31, 2001Chase Manhattan Bank, NA Dallas, Texas Serial Bonds 1,247,267.50 Jul. 31, 2001HSBC New York, New York Serial Bonds 127,786.25 Aug.14,2001Chase Manhattan Dallas, Texas Serial Bonds 428,560.00 Aug.14,2001HSBC New York, New York Serial Bonds ,120,000.00 Aug.15,2001HSBC New York, New York Serial Bonds 254,742.50Sept. 28, 2001HSBC New York, New York Serial Bonds 59,470.00Oct. 1, 2001Chase Manhattan Bank, NA Dallas, Texas Serial Bonds 458,551.25Sept. 28, 2001M & T Trust Company Buffalo, New York Serial Bonds 2,075,000.00Oct. 1, 2001HSBC New York, New York Serial Bonds 20,400.00Nov. 1, 2001Chase Manhattan Bank, Dallas, Texas Serial Bonds 2,268,753.12Nov.30,2001M & T Trust Company Buffalo, New York Serial Bonds 656,776.25Nov.30,2001HSBC New York, New York Serial Bonds 283,697.50Nov 30, 2001Chase Manhattan Bank, Dallas, Texas Serial Bonds 10,970,000.00 Dec. 3, 2001M & T Trust Company Buffalo, New York Serial Bonds 965,000.00Dec. 3, 2001Chase Manhattan Bank, Dallas, Texas Serial Bonds 185,000.00Dec. 3, 2001HSBC New York, New York $25,877,737.51 5. The aggregate amount to be deposited by the Director of the Treasury with the M & T Trust Company, Buffalo, New York, commencing on July 1, 2001 is $25,877,737.51 6. The Second Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing January 1, 2002, and ending June 30, 2001, on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bonds $3,489,385.63 Jan.31,2002 M & T Trust Company Buffalo, New York Serial Bonds 267,347.50 Jan.31,2002Chase Manhattan Bank, NA Dallas, Texas Serial Bonds 1,247,267.50 Jan.31,2002HSBC New York, New York Serial Bonds 10,341,000.00 Feb. 1, 2002M & T Trust Company Buffalo, New York Page 12 01-0626.txt Serial Bonds 860,000.00 Feb.1,2002Chase Manhattan Dallas, Texas Serial Bonds 3,160,000.00 Feb. 1, 2002HSBC New York, New York Serial Bonds 127,786.25Feb. 14, 2002Chase Manhattan Dallas, Texas Serial Bonds 361,250.00Feb.14,2002HSBC New York, New York Serial Bonds 1,020,000.00 Feb. 15, 2002Chase Manhattan Dallas, Texas Serial Bonds 458,551.25Mar. 29, 2002M & T Trust Company Buffalo, New York Serial Bonds 195,605.00 Mar. 29, 2002HSBC New York, New York Serial Bonds 2,110,000.00April 1, 2002 M & T Trust Company Buffalo, New York Serial Bonds 469,470.00 April 1, 2002 Chase Manhattan Dallas, Texas Serial Bonds 105,400.00 May 1, 2002 Chase Manhattan Dallas, Texas Serial Bonds 2,038,713.13May 31, 2002 M &. T Trust Company Buffalo, New York Serial Bonds 62,950.00 May 31, 2002 Chase Manhattan Dallas, Texas Serial Bonds 653,076.25May 31, 2002M & T Trust Company New York, New York $27,167,802.51 7. The aggregate amount to be deposited by the Director of the Treasury with the M&T Trust Company, Buffalo, New York, commencing on December 1, 2001 is $27,167,802.51. 8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director of the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in the Capital Debt Service Fund held by the Trustee, M&T Trust Company, Buffalo, New York, immediately upon receipt of any payment of or on account of any City ad valorem property taxes, until the amount deposited during each Collection Period is equal to the amount shown in Section 5 and 7, respectively. 9. 1 have this day delivered a copy of Certificate Number 1-01-02 to the Director of Treasury and to the Fleet Bank, Buffalo, New York. RECEIVED ND FILED No. 29 Certificate of Necessity Capital Budget Amendment Reauthorization for Capital Budget Items We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify, pursuant to 20-28 of the Charter, that it is necessary to reauthorize previously adopted Capital Budget Items in the Capital Projects Program effective on July 1, 2000 and add those items to the Capital Projects Budget adopted by the Common Council to be effective January 1, 2001 for the ensuing fiscal year. Those items are as follows: Citywide Tree Trimming & Removal 100,000 Delavan-Moselle Center Expansion 250,000 Dulski Center/Lincoln Fieldhouse Renovations 200,000 Edward Saunders Unity Building Expansion 400,000 Gold Coast Market Place Jefferson/Feny) 1,000,000 Handicapped Intersection Ramps Construction (ADA) 100,000 Inner/Outer Harbor Link Bridge 7,575,000 Intermodal Transportation Center 8,000,000 Jefferson Renaissance Business Project 1,900,000 Page 13 01-0626.txt Joint School Construction Board-Site Acquisition/Remediation 750,000 Manhattan Park/Playground Improvements 125,000 New Fillmore District Community Center (Study/Design) 50,000 Repaving of Poultney Street 50,000 South Buffalo Park Improvements 200,000 Streets, Sidewalks & Curbs-Ellicott District 300,000 Surveillance Cameras Installation-South District 15,000 Tift Farm Nature Preserve Improvements 35,000 Waterfront Redevelopment (AUD) 1,500,000 Total 25,000,000 Fed./State Reimbursement 14,640,000 Net City Debt 10,359,500 RECEIVED AND FILED NO. 30 Report of Audit Department of Permit and Inspection Services Division of Licenses In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Division of Licenses Audit Report for the period July 1, 1997 to June 30, 2000. AUDIT RECOMMENDATIONS As a result of our audit work and observations, we recommend the following: Elimination of two (2) Bingo Inspector positions. Consider adding one (1) License Inspector position to perform field work, i.e. follow up on delinquent licenses, search for unlicensed businesses, etc. Request that the Accounting Division review the current chart of MUNIS Revenue Accounts and the license types generated by the PEAK system, with the intent to convert the license fees classified by PEAK into corresponding MUNIS deposits in order to provide their proper recording into City revenue accounts on a consistent basis. Continue the daily reconciliation process with the utilization of the recommended Excel spreadsheet as presented in "Attachment A." Research developing a direct interface (system to system) from Hansen daily input to MUNIS Treasury and general ledger. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PERMITS AND INSPECTIONS NO. 31 Certificate of Appointment Appointment Effective: June 14, 2001 In the Department of: Audit and Control Division of: Audit to the Position of: Principal Auditor Provisional Appointment at the: Starting Salary of: $ 49,327 Anthony P. Kasianowicz 504 McKinley Parkway Buffalo, New York 14220 REFERRED TO THE COMMITTEE CIVIL SERVICE FROM THE PRESIDENT OF THE COUNCIL NO. 32 QUESTIONS PRICING OF ITEMS ALLENTON ART FSTIVAL I am sorry for my curt behavior when you meant to question me on my pricing of items being sold at the Allentown Art Festival. I was extremely busy and I couldn't discuss my pricing policy at that time. Page 14 01-0626.txt You gave all the concessionaires a printed price list at the Allentown meeting that I did not agree with. I own and operate Arby's at 537 Delaware Avenue and I am not going to rip off my customers for the two-day period of Allentown. In the 25 years of being in business at this address we have never raised our prices for the two-day Allentown Art Festival and we will continue to follow this policy. We are in business at this address for 12 months a year and we will price our products so we can get a fair return on our investment. I feel you should give customers the same pricing policy that we have at Arby's The concessionaires are there for two days a year and want to make as much money as possible for the two-day period and then leave the area for another event. I hope you understand our position in this matter that my loyalties are to our customers and not the concessionaires. REFERRED TO THE COMMITTEE ON-LEGISLATION AND THE ALLENTOWN ASSOCIATION NO. 33 CONCERNS 911 RESPONSE TIME As a principal in an. inner city Catholic School located on Emsfie Street I am very disturbed with the 911 responses to an emergency situation involving gang members who have threatened harm to one of my students. I am also very disturbed about the way calls have been transferred or lack of proper transfer to the appropriate law enforcement personnel. Several months ago a student threatened to kill other students. I personally called 911 stating that a student had just threatened to kill everyone. An AIM car was contacted to deal with the situation. The car was located in Black Rock and the response time was over 20 minutes. Meanwhile, I had cleared the office and had teachers keep their children in their classrooms or lunchroom. Here I was in my office with a potential life threatening situation and no adequate response. This past Monday members of an alleged gang called 43 1 threatened and chased one of my students into the school. My security guard grabbed on of the kids before he got too far into the building. Again, 911 was called and the response time was inadequate to the situation. The kids threatened to meet him at 3:00 pm and also said they would see him at graduation. None of these children attend Catholic Central School. My security guard asked to have a car at the school around dismissal time. Yesterday, four students again started to approach my students at the bus stop on Emslie and Broadway. I told them if they went onto the property I would call the police. The four then started to walk down the street when one of my students, Deval Watkins, joined them. They then proceeded to go through the school parking lot that was full of young children and their teachers. I radioed my secretary to call 911 that she did. Several other times 911 was called and we were put on hold. I find this to be unacceptable. In addition we called the Mayor's Office who put us in touch with Captain Rummuno., Captain Rummuno was very helpful and assured me he would look into the situation. The first time I spoke with a police officer was at least 40 minutes after the initial 911 call. I was told later that the initial car had responded to the situation, talked to the complainant, and then signed off. To my knowledge the young man's mother is his legal guardian and when at school he is under my care. He can't sleep and is afraid to attend graduation which is one of the highlights of a person's life. Somewhere there is a breakdown in communication between 911, Dispatch, and the Police Officers in District C. Now I understand the community's frustration with law enforcement. I cannot adequately protect my students so I will hire armed guards to deal with security issues around the school. I am unable to rely on others to adequately respond to emergency situations where a child's life is on the line. As Police Commissioner I expect you to effectively deal with the Page 15 01-0626.txt situation concerning 911, dispatch, and police response before one of my students or teachers get killed. I will take care of my end of things. I will be looking forward to a response from you. REFERRED TO THE COMMITTEE ON POLICE REORGANIZATION AND THE COMMISSIONER OF POLICE NO. 34 A BARNAS AQUEDUCT CONSTRUCTION LTD 8 WHITNEY PLACE Attached is a permit that was issued to Aqueduct Construction Ltd. on behalf of Albertha Barnas for work to be done at 8 Whitney Place. Ms. Barnas riled a complaint with you because the Contractor did not do the work he was suppose to and Ms. Barnas was advised that a one (1) year statute of limitations had expired. I write to request that you sponsor a meeting with Ms. Barnas and Aqueduct Construction to determine why the work was not completed. The purpose being to get Aqueduct to honor its obligations under the permit. I am filing this request and the permit with the Common Council for a Hearing. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF STRATEGIC PLANNING AND THE COMMISSIONER OF PERMITS AND INSPECTIONS NO. 35 Local 264 Fact Finder's Report Forward to Taylor Law Impasse Committee I am filing the Fact Finder's Report for Local 264. This report should be forwarded to the Taylor Law Impasse Committee for a meeting to be held Wednesday, July 11, 2001 at 2:00 P.M. in Room #1417. Please take time to review this important report in time for the Committee meeting. REFERRED TO THE COMMITTEE ON TAYLOR LAW INPASS No. 36 Appointment to Citizens Planning Council I a I m appointing Dr. Mark Goldman to serve on the Citizen s Planning Council. Dr. Goldman resides at 388 Summer Street in the City of Buffalo and is the owner of the very successful Calumet and Calumet Arts Cafe in downtown Buffalo. Dr. Goldman's affection and commitment to the City of Buffalo is unquestioned. His two highly regarded treatises, High Hopes: The-Rise and Decline of Buffalo, New Y (Albany, 1982) and City On The Lake: Buffalo 1950 To The Present (Buffalo, 1992) are must reads for anyone seeking a contemporary understanding of Buffalo's history. Dr. Goldman is indeed well qualified to serve on the Citizen's Planning Council. ADOPTED NO. 37 Request Ordinance Change for Parking Signs on Elmwood Avenue I spoke to Michael Attardo, owner of "Get Dressed" on Elmwood Avenue. Apparently, parking signs were changed on Elmwood Avenue from West Ferry Street traveling south which restricts two-hour parking on Saturdays and Sundays. This has acted as a deterrent to doing business on weekends. Mr. Attardo is requesting that the signs be changed to reflect the same parking signs on Elmwood Avenue, north of West Ferry Street, which Page 16 01-0626.txt allow two-hour parking on weekdays through Saturday. The Commissioner of Public Works is aware of this problem and I am recommending a request be made to him for an Ordinance change. REFERRED TO THE COMMISSIONER OF PUBLIC WORKS FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 38 Report of Audit Assessment and Taxation Item 36, C.C.P. May 29, 2001 In response to the above audit filed by the Comptroller, I have reviewed the report and offer the following response to the Audit Summation. Finding : B & L Wholesale - $6,220.68 - The Tax office, unaware that the assessment for the tax year 1999/2000 had been reduced, generated an invoice that exceeded the amount to be billed as set forth in the Payment in Lieu of Tax Agreement (PILOT). We contacted B & L Wholesale and advised them of the overbilling and a refund for $6,200.68 was processed. In the future, Management Information Services will provide this office, after the March 1 Assessment Roll is certified, with a report listing the prior and current year assessment of those properties assessed to Erie County Industrial Development Agency. This report will enable our office to identify those parcels whose assessments were changed. Umbra - $384.00 - This office has contacted the company and advised them of the error and the amount owed. Their agreement, in addition to paying the PILOT, also requires Umbra to pay a "fixed" amount of $384.00 annually for the term of the agreement. This fixed amount was overlooked for the year in question, fiscal year 1999-2000. We examined the billing for 2000-2001 and it was correctly billed. MU Partner - $6.00 - This error was due to a manual input entry. The Department of Assessment & Taxation paid the $6.00 owed. We agree with the Auditor's recommendation and will have a second employee review all Calculations of original amounts and penalty calculations. Finding 13: $1,249,776.21 - represents the inactive and unpaid PILOT accounts. It has always been and continues to be the practice of this office to inform and provide ECIDA with a list of active and inactive unpaid accounts. ECIDA contacts the companies; the results of their efforts are reported back to the City. We also notify the Common Council and the Department of Law, for whatever action they deem appropriate to facilitate collection. We also send notices to delinquent companies advising them of their unpaid amounts. As a point of information, since the PILOT is not a tax, the City of Buffalo is without recourse to enforce collection through foreclosure. The Department of Assessment & Taxation's responsibility in the PILOT program extends to receiving PILOT agreements from ECIDA, executing the agreements and setting up a receivable account with the Division of Accounting for billing purposes and maintaining the applicable records. Further, the Audit report raised the issue of referring those accounts deemed uncollectible to the Division of Accounting to determine the "appropriate accounting adjustment". It should be noted that the collection of unpaid PILOT agreements has been an ongoing issue since 1986. The Department of Law, the Divisions of Accounting, Collections, Audit and the Common Council have all explored this issue in the past. In the course of the audit and during our exit meetings with the Comptroller's staff, we suggested that the Departments of Law, Collections and Accounting be consulted for their response and results of past efforts to collect the arrears. $ 37,951.12 billed in error - The audit report states that Elmwood Warehousing and Sorrento Cheese were "billed in error". We disagree in part with this statement. Page 17 01-0626.txt Elmwood Warehousing - Fiscal Year 1997-1998 - $ 36,000 - This is an Accounting error. The Accounting Division entered the billed amount of $36,000 twice. We did forward to the Division of Accounting an abatement invoice to adjust this entry on their records. Sorrento Cheese - Fiscal Year 1998-1999 - $1,951.12. - This was an input error by the Department of Assessment & Taxation. The interest billed was entered twice. Sorrento Cheese has paid the interest of $ 1,915.12. An abatement invoice was forwarded to the Division of Accounting to delete the second $ 1,951.12 entry on the accounting ledger and system. City Pilot - $ 18,975.00 - 211 Eagle LIP and Towers 4 & 7LP - The Department of Assessment & Taxation has forwarded unpaid invoices and has had several conversations with Jennifer Gorski, Aimco representative, the company servicing the Ellicott Mall Project, regarding the unpaid PILOT. The company was unable to explain Ellicott Mall's failure to pay. Ms. Gorski is investigating and will report her findings to this office. However, the Department of Assessment & Taxation will consult and refer the Ellicott Mall account to the Department of Law and Collection Division for review. The Auditor in paragraph five (5), states that "the Department should continue the process of annually informing the ECIDA" of those companies with active agreements that are delinquent with their payments. We do not understand why it was included in the audit report since this department did not cease notifying ECIDA, the Common Council or the Department of Law. As I explained above it is the practice of the Department of Assessment & Taxation to notify everyone involved. The Auditor in paragraph six (6), references "the disputed bill" totaling $ 24,314.41 "should be referred to the Law Department for a determination of the validity of the property Lessor's claim and the appropriate action the Department should take to resolve the issue." We suspect this paragraph has nothing to do with the Department of Assessment & Taxation audit but is probably an issue involving another City Department's Audit. We have attempted to contact the auditor to explain this paragraph but as of this writing have not received a return call. Finding C: We are unable to explain the one-day discrepancies in the calculation of the prorated amount led for 1998-99 and 1999-00. The Department of Assessment & Taxation in 1997 purchased a software program that would calculate a prorated and current year tax and sewer rent amount effective for the fiscal year 1997-98 predicated on the date of transfer. This new program eliminated the manual calculation of over 600 properties. We explained to the Auditor that in 1998 this office upgraded the existing software, We were unaware that the program was calculating the tax as of the day after the date of transfer. It was decided while the audit was being conducted to examine the billing for fiscal 2000-2001 and 2001-2002 to determine if the problem continued to exist. The program was found to be working properly. In addition, the audit report states that 13 properties totaling $848.77 were underbilled. This statement cannot be addressed since the Comptroller's office failed to provide this office with the property addresses and the amount underbilled for each of the 13 parcels in question. We had previously requested this information but as of yet have not received the information Finding D: We do agree with the Auditor's finding that there were "errors in the application of agreement terms and the calculation of late penalties and interest charges" by this Office, In some cases we used the wrong interest rate and in others, due to late payment, we failed to bill the companies a penalty and interest. Our review of Schedule D, referenced by the Auditor in the Audit Report, reveals that Schedule D contains several inaccuracies which we attribute to the Auditor's miscalculation and misinterpretation. For example, the amounts listed under the heading "PILOT Bills" actually represent the Page 18 01-0626.txt total of the July and December installments, not the installment that was delinquent and charged interest. There were listed in Schedule D only two companies, to wit, Elman Buffalo Associates, LLC and Med Inn Centers of America, LLC, that failed to pay either installment and were charged penalty and interest on the total due. Attached as Exhibit A is a schedule that outlines the interest we over- and under-billed. The Department of Assessment and Taxation will notify the companies under-billed and advise them of the error and the amounts owed. We will also notify the companies that were over-billed and process a refund, As a point of information, the section of the PILOT agreement relative to penalty and interest charges provides for various methods (Section 7, Default in Payment in Lieu of Taxes), as follows: "in addition, the Lessee shall pay to the appropriate taxing authority or authorities (1) a late payment penalty equal to five (5%) percent of the delinquent amount, and (ii) for each month, or part thereof, that the payment is delinquent beyond the first month, interest on the total amount due plus the late payment penalty, equal to the greater of (a) one (1%) percent per month, or (b) the rate of interest charged by the applicable taxing jurisdiction on delinquent real estate taxes, until such delinquent payment is made in full." ... As a further point of information, there have been three basic forms of PILOT Agreements. The penalty and interest charges described in the preceding paragraph are those contained in one form of PILOT agreement. Other agreements provide for the five (5%) percent penalty and one (1%) for each month thereafter, and there are other agreements that provide that interest is to be calculated at the same rate of interest as that charged for City taxes. All three agreements are in effect. Therefore, there is no single applicable method to apply penalties and interest. We agree with the Auditor's recommendation and will have a second employee review all calculations of original amounts and penalty calculations. We concur with the Auditor's recommendation to create a header sheet and the Department of Assessment & Taxation, while the audit was still ongoing, affixed to the front of each company's file folder the terms of the PILOT agreement negotiated between the Erie County Industrial Development Agency and the company. As a point of information, the City of Buffalo is not a party to the negotiation of PILOT agreements. In Conclusion, I believe the above responses address all the issues as set forth in the Audit Report. REFERRED TO THE CONMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 39 Notification Serial 9218 Repeal One-Way Street Direction Masten Avenue - northbound from East North Street to Main Street ONE-WAY STREET DIRECTION - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: ONE WAY STREET DIRECTION NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT Page 19 01-0626.txt Masten Avenue from East North Street northbound to Main Street This action is being taken to improve traffic circulation and will be incorporated into the Federally funded CMAQ Masten Avenue Traffic Signal Moderization project, scheduled to be bid in March, 2002. Notification Serial 9219 Repeal One-Way Street Direction Michigan Avenue - southbound from Main Street to East North Street ONE-WAY STREET DIRECTION - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: ONE WAY STREET DIRECTION NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT Michigan Avenue from Main Street southbound to East North Street This action is being taken to improve traffic circulation and will be incorporated into the Federally funded CMAQ Michigan Avenue Traffic Signal Moderization project, scheduled to be bid in March, 2002. Notification Serial 49295 Repeal Alternate Parking - Type I Various Locations NO PARKING (ALTERNATE - TYPE 1) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City, of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN ST SIDE PERIOD Colton Dr. Colvin Ave. to North North Pk Ave. South St. Margarets Ct. Colton Dr. to West southern Dead End East North Park Ave. Linden Ave. to West Hertel Ave. East Norwalk Ave. Linden Ave. to West Hertel Ave. East Sterline Ave. Linden Ave. to West Hertel Ave. East Wellington Rd. Linden Ave. to West Hertel Ave. East PROHIBITED No Parking 4pm Sunday to4pm Wednesday No Parking 4pm Wednesday to 4pm Sunday No Parking 4pm Wednesday to 4pm Sunday No Parking 4prn Sunday to 4pm Wednesday No Parking 4pm Sunday to 4pm Wednesday No Parking 4pm Wednesday to 4pm Sunday No Parking 4pm Sunday to 4pm Wednesday No Parking 4pm Wednesday to 4pin Sunday Page 20 01-0626.txt No Parking 4pm Sunday to 4pm Wednesday No Parking 4pm Wednesday to 4pm Sunday No Parking 4pin Sunday to 4pm Wednesday No Parking 4pin Wednesday to 4pm Sunday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch-over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "'switch-over" times to 6:00pm (as opposed to 4:00pin). Notification Serial #9296 Install Alternate Parking - Type 2K Various Locations NO PARKING (ALTERNATE - TYPE 2K) - 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 4em business. That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET SIDE Colton Dr.Colvin Ave. toNorth North Park Ave.South St. Margarets Ct.Colton Dr. toWest southern Dead End.East North Park Ave.Linden Ave. toWest Hertel Ave.East Norwalk Ave.Linden Ave. toWest Hertel Ave.East Sterling Ave.Linden Ave. toWest Hertel Ave.East Wellington Rd.Linden Ave, toWest Hertel Ave.East PROHIBITED PERIOD No Parking 6pm Monday to 6pm Thursday No Parking 6pm Thursday to 6pm Monday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at A I times), but changes the parking "switch-over' days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch-over" times to 6:00pin (as opposed to 4:00pm). 9218-19 REFERRED TO THE COMMITTEE ON LEGISLATION, 9295-96 RECEIVED AND FILED NO. 40 Report of Bids Hope VI Infrastructure Improvement Hudson Street to Trenton Ave. Project - Group #571 Item #46, C.C.P. 7/25/00 This is to advise Your Honorable body that I have advertised and received public bids on June 20"', 2001 for the Hope VI Infrastructure Improvements Project - Hudson Street to Trenton Avenue - Group #5 71. In obtaining bids for the above project, I have requested bids on a unit Page 21 01-0626.txt price basis 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 to bid. The following bids were received: ContractorBase Bid I . C. Destro Development 3150 Seneca St., West Seneca, NY 14224 $559,316.00 2. Master's Edge, Inc. 1807 Elmwood Ave., Buffalo, NY 14207 $582,943.00 3. MAC Contracting LLC 4244 Ridge Lea Rd., Amherst, NY 14226 $584,734.76 4. Destro Bros. Concrete Co., Inc. 411 Ludington St., Buffalo, NY 14206 $587,440.00 5. Visone Construction, Inc. 79 Sheldon Ave., Depew, NY 14043 $727.021.00 6. Kandey Company, Inc. 19 Ransier Dr., W. Seneca, NY $828,000.00 *Adjusted Total I hereby certify that the lowest responsible bidder for the above project is C. Destro Development Co., Inc.. I respectfully recommend that Your Honorable Body authorize a contract award to C. Destro Development Co., Inc. in the amount of $615,247.60 (base bid of $559,315.00 plus; [10% unit price increases] $55,931.60 = [total award] $615,247.60). Funds for this project are available in Account #35310506-445100, 30032106-445100 and a future bond account. We also request permission to accept funds from the Buffalo Water Authority for their share of the project. The engineer's estimate for this work $574,551.75. Under provisions of the General Municipal Law, any of the bidders may withdraw his bids if an award of the contract if not made by August 6'h, 2001. Summaries of the bids are available upon request. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 21, 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 Hope IV Infrastructure Improvements Project -Hudson Street to Trenton Avenue, Group #571, to C. Destro Development Co,, Inc. the lowest responsible bidder, in the amount of $615,247.60 (base bid of $559,316.00 plus [10% unit price increases] $55,931.60 = [total award] $615,247.60. Funds for the project are available in Account #35310506-445100, 30032106-445100 and a future bond account. That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to accept funds from the Buffalo Water Authority for their share of the project. Passed, AYES - 13 - NOES - 0 NO. 41 Report of Bids JFK Community Center Roof Reconstruction I advertised for on June 5, 2001 and received the following sealed formal proposals for the JFK Community Center, Roof Reconstruction, which were publicly opened and read on June 19, 2001. Jameson Roofing $ 198,988.00 3761 E Lake Rd. Dunkirk, NY 14048 Progressive Roofing $ 238,000.00 331 Grote St. Buffalo, NY 14207 McGonigle & Hilger $ 248,500.00 519 Mill St., P. 0. Box 546 Page 22 01-0626.txt Lockport, NY 14095 Weaver Metal & Roofing $ 254,000.00 40 Appenheimer Buffalo, NY 14214 Jos. A. Sanders Roofing $ 259,947.00 P. 0. Box 814 Buffalo, NY 14240 I hereby certify that the foregoing is a true and correct statement of all bids received and that Jameson Roofing, in the amount of One Hundred Ninety Eight Thousand Nine Hundred Eighty Eight and 00/100 Dollars ($198,988.00), is the lowest responsible bidder in accordance with the plans and specifications. Total estimate for this work was $250,000.00. 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 CPF 36321506 445100 Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 19, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the JFK Community Center, Roof Reconstruction, to Jameson Roofing, the lowest responsible bidder, in the amount of $198,988.00. Funds for the project are available in CPF 36321506 445 100 - Division of Buildings. Passed. AYES - 13 - NOES - 0 No. 42 Change in Contract Carmichael Center Handicapped Accessibility General Construction I hereby submit to Your Honorable Body the following changes for the Carmichael Center, Handicapped Accessibility, General Construction, C. Nichter, Inc., C #92010389. 1.During removal of the gym floor, the underlayer and mastic were found to contain asbestos. These materials must be removed before installation of the new floor. The not to exceed cost for this work is: Add $ 26,525.00 The foregoing change results in a net increase in the contract of Twenty Six Thousand Five Hundred Twenty Five and 00/100 Dollars ($26,525.00). Summary: Current Contract Amount $ 189,677.00 Amount of This Change Order (#2) Add $ 26,525.00 Revised Contract Amount $ 216,202.00 Costs have been reviewed by the Consulting Architect (Biedny & Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 34321306 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 June 12, 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. 2, to C. Nichter, Inc., an increase in the amount of $26,525.00, as more fully described in the above communication, for work relating to Carmichael Center, Handicapped Accessibility, General Construction, C #92010389. Page 23 01-0626.txt Funds for this project are available in CPF 343210306 445 100 - Division of Buildings. Passed AYES - 13 - NOES - 0 No. 43 Change in Contract Delavan-Grider Community Center Construction General Construction I hereby submit to Your Honorable Body the following changes for the Delavan-Grider Community Center, Construction, General Construction, Picone Construction, # 92010071. 1. Kitchen appliances for the new Center. Add $ 5,607.03 The foregoing change results in a net increase in the contract of Five Thousand Six Hundred Seven and 03/100 Dollars ($5,607.03). Summary: Current Contract Amount $2,735,300.95 Amount of This Change Order (#7) Add $5,607.03 Revised Contract Amount $2,740,907.98 Costs have been reviewed by the Consulting Architect (Stieglitz Snyder Architecture) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 34320506 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 June 20, 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. 7, to Picone Construction, an increase in the amount of $5,607.03, as more fully described in the above communication, for work relating to Delavan-Grider Community Center Construction, General Construction, C #92010071. Funds for this project are available in CPF 34320506 445 100 - Division of Buildings. Passed AYES - 13 - NOES - 0 No. 44 Change in Contract Kleinhans Music Hall Restoration Phase 8B Mechanical Work I hereby submit to Your Honorable Body the following changes for Kleinhans Music Hall Restoration, Phase 8B, Mechanical Work, Joseph Davis, Inc., C #92010145. 1.Provide labor and material to repair existing chiller #2. Add $ 15,398.00 The foregoing change results in a net increase in the contract of Fifteen Thousand Three Hundred Ninety Eight and 00/100 Dollars ($15,398.00). Summary: Current Contract Amount $ 172,700.00 Amount of This Change Order (#1) Add $ 15,398.00 Revised Contract Amount $ 188,098.00 Costs have been reviewed by the Consulting Architect (Hamilton, Houston, Lownie Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 34322206 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 Page 24 01-0626.txt Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 18, 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 Joseph Davis, Inc., an increase in the amount of $15,398.00 as more fully described in the above communication, for work relating to Kleinhans Music Hall Restoration, Phase 8B, Mechanical Work, C #92010145. Funds for this project are available in CPF 34322206 445 100 - Division of Buildings. Passed AYES - 13 - NOES - 0 No. 45 Change in Contract Pools (Reconstruction) Various Locations - 2001 General Construction I hereby submit to Your Honorable Body the following changes for the Pools (Reconstruction), Various Locations - 2001, General Construction, Progressive Weatherproofing, C #92010380. 1.Clean and recaulk joints in Massachusetts Pool which were damaged over the winter. Add $ 2,450.00 2.Remove and replace roof flashing at Centennial Pool. Add $ 625.00 The foregoing change results in a net increase in the contract of Three Thousand Seventy Five and 00/100 Dollars ($3,075.00). Summary: Current Contract Amount $ 134,920.00 Amount of This Change Order (#1) Add $ 3,075.00 Revised Contract Amount $ 137,995.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 30012406 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 June 7, 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 Progressive Weatherproofing, an increase in the amount of $3,075.00 as more My described in the above communication, for work relating to Pools (Reconstruction), Various Locations, C #92010380. Funds for this project are available in CPF 3 0012406 445 100 - Division of Buildings. Passed AYES - 13 - NOES - 0 No. 46 Change in Contract Schiller Park - Pavilion Plumbing TEXT: I hereby submit to Your Honorable Body the following changes for the Schiller Park Pavilion Plumbing Contract, W.C. Roberson Plumbing & Construction Corp., Contract #92010277. 1 .Add: When the plumbing work was completed, the water service to the pavilion was turned on. There was extremely low pressure in the building. It was determined the shut off valve in the ground outside of the building was the cause of the low pressure. The contractor excavated and repack the 6" mechanical joint valve, provided a new road box and restored the disturbed lawn area $3,157.76 Page 25 01-0626.txt 2.Add: Due to excessive sweating of a section of the 4" water service above the booster pump controller, water was dripping into it's electrical system. The remedy is for the contractor to supply and install ten feet (110') of 1 1/2" fiberglass insulation around the 4" water service by the booster pump. Included is the insulation of two 90 degree elbows. The entire insulation to by jacketed with PVC $ 338.41 Total: $3,496.17 The foregoing changed results in a net increase to the contract of Three Thousand Four Hundred and Ninety Six Dollars and 17/100 ($3,496.17). Summary: Current Contract Amount $ 31,935.00 Amount of this Change Order $ 3,496.17 Revised Contract Amount $ 35,431.17 Costs have been reviewed by the Consulting Architect at P.J. Smith & Company and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF #35640206 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 June 19, 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 W. C. Roberson Plumbing & Construction Corp., an increase in the amount of $3,496.17 as more fully described in the above communication, for work relating to Schiller Park Pavilion, Plumbing Contract, Contract #92010277. Funds for this project are available in CPF #35640206. Passed AYES - 13 - NOES - 0 No. 47 Compensations to Alleyway Theater Permission is hereby requested from Your Honorable Body to compensate the Alleyway Theater $20,000.00 for repairs they have done as described in Item No. 100, CCP 04/17/01, which the Council noted it's support for in Item No. 126, CCP 05/29/01. Funds are available in the Department of Public Works Capital Account 35320306. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 18, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to compensate the Alleyway Theater $20,000.00 for repairs as more fully described in Item No. 100, C. C.P., 4/17/0 1. Funds for the repairs are available in the Department of Public Works, Parks and Streets Capital Account 35320306. Passed. AYES - 13 - NOES - 0 No. 48 Gas Convection Oven City Hall Cafeteria The gas convection oven in the City Hall cafeteria is not working properly. Parts are not available and the oven cannot be repaired. According to our contract with Sodexho Marriott, the City is responsible for replacing the oven. Sodexho Marriott is seeking permission to purchase the oven for $3,300 and to deduct the cost from future payments to the City. I, therefore, request authorization to enter into an agreement with Sodexho Marriott for this purpose. Page 26 01-0626.txt Mr. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 14, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to enter into an agreement to allow the purchase of a gas convection oven in the City Hall cafeteria, in the amount of $3,300 and to deduct the cost from future payments to the City from Sodexho Marriott. Passed. AYES - 13 - NOES - 0 NO. 49 HUMBER AVENUE - CURB & OVERLAY (C. C. #104, 5115101) In response to the letter from Councilmember Antoine Thompson dated May 9, 2001 regarding the above subject, please be advised that our Construction Section submits the following: Curb & Sidewalk Replacment Humber - East Delavan to Sussex 1723 x 2 x $60/l.f. = $206,761) The estimate for this requested work is far beyond the amount funded for curb replacement that we have available at the current time. Mill & Overia Humber Avenue - East Delavan to Litchfield - Rating 3 2900 s.y. x $7.50/s.y. = $21,7510 Humber Avenue - East Delavan to Sussex - Rating 7 Pavement ratings of 3 or less will be scheduled for overlay at the earliest opportunity when funds become available. If you have any further questions regarding the above, please contact Michael Zera at ext. 5864. RECEIVED AND FILED r NO. 50 PERMISSION TO HANG BANNER ON WASHINGTON STREET #23 8 CCP JUNE 12, 2001 The Department of Public Works, Parks and Streets has no objection to Buffalo Place hanging a. banner across Washington as long as the following conditions are met. 1 , The banner must be made of fabric that allows air to flow through. 2. The bottom of the banner must be at least 14'6" above the center of the street. 3. The banner must be fastened securely to the light standards, No holes shall be drilled into the light standards. 4.Exact location of the street light standards to be used must be supplied to the Street Lighting Office, room 501 City Hall. 5.Liability insurance in the amount of one million dollars to save the City harmless must be filed with the Law Department before the banner can be hung. The City must be named "additional insured" on the policy. 6.Banners cannot be hung from traffic signal poles. 7.The banners cannot interfere with the sight line of a traffic signal, 8. Banners must be removed after event is over. 9.Banners cannot be hung in Niagara Square. RECEIVED AND FILED NO. 51 47 EAST MOHAWK STREET REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mr. Peter Perrone, owner of the Mohawk Place Bar, located at 47 East Mohawk Street, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure 32 feet in length and project 6 feet from the building face into City right of way. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of Page 27 01-0626.txt the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said sidewalk cafe provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the sidewalk cafe does not exceed 32 feet in length or extend more than 6 feet from the building face. 4.That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5.That the sidewalk cafe be completely removed from City right of way from November 15 to April 1 each year. 6. That the applicant be assessed the annual fee of $1.30 per square foot of City right of way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 52 PERMISSION TO RECEIVE NYSERDA FUNDING DISTRICT ENERGY SYSTEM Permission is hereby requested from your Honorable Body to give the Commissioner of Public Works, Parks & Streets the authority to enter into a contract with New York State Energy Research and Development Authority (NYSERDA). The proposed contract would provide funding for engineering services on the District Energy System, request for proposals review. NYSERDA will pay the engineering consultant up to $29,880.00; the City would then reimburse NYSERDA 50% of whatever is expended up to $14,440.00. NYSERDA's total maximum contribution to the project would be 50% of the project cost up to $14,440.00. Funds are available in account 36320406. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 7, 2001 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to enter into a contract with New York State Energy Research Development Authority for the District Energy System. NYSERDA will pay the engineering consultant up to $29,880.00; the City would then reimburse NYSERDA 50% of the project cost up to $14,440.00. Funds for this project are available in account 36320406. PASSED AYES -13 NOES - 0 NO. 53 PURCHASE OF EQUIPMENT DELAVAN-GRIDER COMMUNITY CENTER The Delavan-Grider Block Club, proposed operators of the new community center, have requested that the City furnish various equipment for the new center. The Division of Purchase has bid the following items. Video Equipment Page 28 01-0626.txt (2)50" Mitsubishi Projection TVs$ 2,990.00 (2)Hitachi DVD Players340.00 (2)JVC VCR's174.00 Delivery33-00 Total Video Equipment$ 3,537.00 Gym Equipment (1)Pro Gym Universal$6,300.00 (1)Multi-Sport Gym2,995.00 (2)Single Gym1,295.00 (2)Stationary Bikes1,400.00 (1)Stair Climber2,200.00 (1)Treadmill2,300.00 Weights and Benches1,075.00 Total Gym Equipment$17,565.00 Game Room Equipment (2)7'Slate Pool Tables$ 3,530.00 (1)Ping Pong Table205.00 (2)Foosball Tables688.52 ---Basketball Equipment308.30 Total Game Room Equipment$ 4,731.82 Kitchen Equipment Various China, Pots and Pans, etc.$16,132.59 Total Kitchen Equipment$16,132.59 Entrance (1)Chair$ 65.60 Total Entrance Equipment $65.60 TV Room (1)Sofa$ 557.50 (1)Love Seat450.40 (2)Arm Chairs664.80 Total TV Room Equipment$ 1,672.70 Executive Director's Office (1)High Back Chair$ 172.00 (1)Executive Desk1,988.00 (1)Conference Table598.00 (1)Veneer Slab Base Kit258.80 (2)File Cabinets208.00 (1)Desk Top Computer1,176.00 (1)Laser Jet Color Printer1,840.54 Total Office Equipment$ 6,241.34 Multi-Use Room (20)6'Tables$ 1,752.00 (6)48" Round Tables417.60 (25)Cartons Stacking Chairs (4 per ctn)980.00 (1)Podium99.60 (1)Folding Tables Truck185.60 (2)Double Pedestal Desk436.80 Total Multi-Use Room Equip$ 3,871.60 Dining Area (8)48" Round Tables$ 556.80 (15)Cartons Cushioned Chairs (4 per ctn)744.00 (2)Guest Leg Base Chairs360.00 Total Dining Area Equipment$ 1,660.80 Reception Station (2)Mobile Pedestal File Cabinet$224.00 (1)Keyboard Platform w/Mousepad 126.80 (1)Corner Countertop115.60 (2)Straight Countertops135.20 Page 29 01-0626.txt (1)Metal Center Drawer 38.00 (2)End-of-Run Panel Kit 5.60 (5)Panel Connectors26.00 (2)Acoustical Panels118.40 (2)Acoustical Panels150.40 (2)Acoustical Panels188.80 (2)Standard Worksurfaces135.20 (1)Corner Worksurface132.00 Total Reception Station$1,396.00 Total$56,874.45 Funds are available in the Department of Public Works, Parks & Streets Capital Account 34320506. Mrs. LoTempio Moved: That the above communication fi7om the Commissioner of Public Works, Parks and Streets dated June 20, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and hehereby is authorized to accept bids for the purchase of equipment at the Delavan-Grider Community Center at a total cost of $56,874.45 as further described in the above communication. Funds for this purchase are available in the Department's Capital Account #34320506. PASSED AYES -13 NOES - 0 NO. 54 REQUEST TRADE IN VEHICLES To Whom It May Concern: I would like to propose that we trade in 14 of our vehicles that are out of service and are being stored at the East Side Transfer Station toward the purchase of the Tandem Axle Chassis's recently awarded to Buffalo Truck Co. The vehicle numbers are SR1,3,4,5,7,8,10,12,14, and 15. They are all 1989 International 4700 refuse packers. All of these vehicles are out of service for major repairs and have to be removed from this site on July 1, 2001 when we lose operation of this facility. The price proposed for these units is $3,300.00 each for a total of $33,000.00. 1 also recommend that we trade in S-600, S-601, S-602, and E-720 which are all 1988 and 1989 Mack tractors that are in service and run well, but could be replaced by a transfer station tractor we are keeping. Would it be possible to trade in these trucks and use the funds for our upcoming purchase of snow fighting equipment? We would like to move these pieces of equipment before July to make room for the storage or trade of the transfer fleet. Should you have any further questions, please feel free to give me a call at 851-5949. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 11, 200 1, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to trade-in vehicle numbers SR-1, 3, 4, 5, 7, 8, 10, 12, 14 and 15 for a total of $33,000.00 and to trade-in vehicle numbers S-600, S-601, S-602 and E-720 being stored at the East Side Transfer Station, to be used to purchase snow fighting equipment in the Division of Streets. PASSED AYES -13 NOES - 0 NO. 55 WATER BOARD CONTRIBUTION RECONSTRUCTION CHALMERS AVE. Page 30 01-0626.txt AND HOLDEN STREET As per your request of June 13, 2001 regarding the Reconstruction of Chalmers Aven and Holden Street, please be advised that, once approved by the Water Board, the contribution to the project will be $29,985.00. RECEIVED AND FILED NO. 56 CERTIFICATE OF APPOINTMENT Appointment Effective: March 7, 2001 in the Department of Public Works, Parks & Streets, Division of Water to the Position of Clerk Provisional Appointment at the: 2nd Step of: $24,585 Robyn Tisdale, 124 Fairfield, Buffalo, New York 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 57 CERTIFICATE OF APPOINTMENTREVISED COPY Appointment Effective: June 8,2001 in the Department of Public Works, Parks, Streets, Division of Recreation to the Position of Community Recreation Aide, provisional at the Intermediate Salary of $ 27,948.00 Kevin Smith, 176 Richmond, Buffalo 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 58 CERTIFICATE OF APPOINTMENT Appointment Effective: June 19, 2001 in the Department of Public Works, Parks & Streets, Division of Demolitions to the Position of Heavy Equipment Operator, Permanent Appointment at the Intermediate Starting Salary of $28,840 Richard E. Chmiel Jr, 76 Vandalia Street, Buffalo 14204 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 59 B. GRANT - V. CRAWFORD -BANKS -CONCERNS - POLICE/ 911 RESPONSE - INCIDENT - 258 MINNESOTA AVE.] ITEM 488, C.C.P./MAY 29,2001 Please be advised that this matter is currently under investigation by the Buffalo Police Department, and also being monitored by the City of Buffalo Commission on Citizen's Rights and Community Relations. REFERRED TO THE COMMISSION ON CTTIZENS RIGHTS NO. 60 B. GRANT-D. MOODY-REQ. TRAFFIC LIGHTLISBON/PARKRIDGE AVENUES: C.C.P. #90, MAY 29,2001 I have received a letter from Mark Jaskula regarding the traffic light at Lisbon and Parkridge avenues f 90CCP, May 29, 200 1). The complaint is requesting a traffic light or stop sign at the comer of Lisbon and Parkridge Avenues. This request should be assigned to Department of Public Works - Office of Traffic Engineering (please refer to attached). Nonetheless, I will inform Inspector Andrews of E-District and Captain Jurewicz of the Traffic Division to have their officers conduct some traffic enforcement at that intersection. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 61 DRUG ASSET FORFEITURE CHECKS RECEIVED ITEM NO. 104, C.C.P. 2/2/88 8155-0011378399-FBI-003503$163.48 8155-0011358599-FBI-003504863.08 Page 31 01-0626.txt 8155-0011354500-DEA-3759664,580.03 8155-0011359500-DEA-3834872,271.05 8155-0011381700-DEA-384515724.43 8155-0011387301-DEA-385427570.71 8155-0011389201-DEA-385425803.03 8155-0011385301-DEA-38652910,889.35 TOTAL DEPOSIT$20,865.16 The above referenced property has been administratively forfeited by the Drug Enforcement Administration. (DEA). The checks were received by this Department and duly deposited in the Trust & Agency Account,#20010000- 3 8900 1. These funds will be placed into one or more of the following accounts as deemed by the Commissioner of Police: Educational Training/Seminar Confidential Funds Materials and Supplies Firearms and Weapons Communications and Computers Electrical Surveillance Purchase of Services Improvements Vehicles Operating Equipment If you have any questions regarding the above mentioned, please contact Chief Edward Hempling at 851-5181. RECEIVED AND FILED NO. 62 CERTIFICATE OF APPOINTMENT Appointment Effective: June 18, 2001 in the Department of Police to the Position of Public Safety Dispatcher Permanent Appointment at the Intermediate Starting Salary of $ 26,779 Robert J. Marth, 73 Crystal Ave, Buffalo, New York 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 63 OPERATION OF DUNN TIRE PARK Please find enclosed for informational purposes a proposed Term Sheet between the County of Erie and the City of Buffalo for the operation of Dunn Tire Park. In simple terms, the proposal is as follows. The City of Buffalo would lease the stadium to the County of Erie for one dollar ($1.00) per year through March 31, 2008. The County would sublease the stadium to the Buffalo Bisons. The Bisons would pay all operating and maintenance expenses except utility costs which would be apportioned between the Bisons and the County. The City will receive the benefit of being relieved of paying the annual operating deficit. In addition, the County will be providing funds to pay for capital improvements. The City would retain title and in 2008 resume operating the stadium under the original Bisons lease under the terms of the present lease unless another agreement is negotiated in the future. The attached Memorandum of Understanding is non-binding and a first step toward an agreement. Ultimately, a number of items would have to occur to implement any such agreement. This would include drafting written lease agreements between the City and County and the County and the Bisons, obtaining special State Legislation authorizing the County to operate a baseball stadium as well as legislative approval of the lease agreements by the Common Council and the Erie County Legislature. For this reason, this Term Sheet is being submitted to you as an initial first step for informational and discussion purposes. In light of the fact that the baseball season has begun as well as all the necessary tasks that need to be done, it is envisioned that any such agreement would not take effect until next year. However, this document is being submitted to begin moving the process along as well as to include the Council at an early stage of the discussion. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE COMPTROLLER Page 32 01-0626.txt NO. 64 PERB DETERMINATION - EAST SIDE TRANSFER STATION Attached for your information is a copy of the Public Employment Relations Board Determination denying Local 264's application for injunctive relief related to the City's proposed transfer of operation of the East Side Transfer Station to the County of Erie. RECEIVED AND FILED NO. 65 PUBLIC HEARING ON PROPOSED STREET CLOSING ITEM NO. 116, C.C.P., 6/12/01 Following the public hearing of June 14, 2001, called for in the above-cited item, representatives of the sponsor of the "Cruisin' Chippewa event, of the residents of City Centre and Cary Street, and of business interests in the Chippewa Street area met with City representatives (on June 15 and June 20) to discuss conditions for holding that event. At these discussions, the parties agreed upon conditions for allowing this event to go forward. At the meeting of the Special Events Advisory Committee, the event was approved, subject to the agreed upon conditions. Attached is a copy of the list of conditions for the event. RECEIVED AND FILED NO. 66 REVIEW OF NOMINEE(S) FOR RE APPOINTMENT-ZONING BOARD OF APPEALS C.C,P., 5/29/01, NO. 2 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of June 14, 2001) that the following nominees to the Zoning Board of Appeals have no outstanding debts to the City: Rev. James Lewis Joseph Pandolfino RECEIVED AND FILED NO. 67 REVIEW OF NOMINEE(S) FOR RE APPOINTMENT-HOME, IMPROVEMENT ADVISORY BOARD C.C.P., 5/29/01, NO. 3 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of June 14, 200 1) that the following nominees to the Home Improvement Advisory Board have no outstanding debts to the City: Robert Krieger Kevin D. Klenk RECEIVED AND FILED NO. 68 REVIEW OF NOMINEE(S) FOR RE APPOINTMENT-BUFFALO ENVIRONMENTAL MANAGEMENT COMMISSION C.C.P., 5/29/01, NO. 4 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of June 14, 2001) that the following nominees to the Buffalo Environmental Management Commission have no outstanding debts to the City: Dr. John E. Vena Page 33 01-0626.txt Cynthia A. Schwartz Margery A. Miller Bruce Coleman RECEIVED AND FILED NO. 69 REVIEW OF NOMINEE(S) FOR RE APPOINTMENT-BUFFALO BOARD OF PARKING C.C.P., 5/29/01, NO. 5 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of June 14, 2001) that the following nominee to the Buffalo Board of Parking has no outstanding debts to the City: Michelle A. Mazzone RECEIVED AND FILED NO. 70 REVIEW OF NOMINEE(S) FOR RE APPOINTMENT-EXAMINING BOARD OF PLUMBERS C.C.P., 5/29/01, NO. 6 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of June 14, 200 1) that the following nominee to the Examining Board of Plumbers has no outstanding debts to the City: Dominic N. Macri RECEIVED AND FILED NO. 71 REVIEW OF NOMINEE(S) FOR RE APPOINTMENT-PEST MANAGEMENT BOARD C.C.P., 5/29/01, NO. 7 The Corporation Counsel conferred with the Division of Collections and reports (as verified by that Division as of June 14, 2001) that the following nominee to the Pest Management Board has no outstanding debts to the City: James A. Smith RECEIVED AND FILED FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 72 REMOVAL OF SNOW AND DEBRIS BY CONTRACTORS ITEM NO. 190, C.C.P. 4/17/2001 I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. Section 413-52, and144-19 of the Ordinance of the City of Buffalo deals with snow and ice removal. As the Department of Permit and Inspection Services, issue licenses for this activity, we will supply all snow removal and landscaping contractors a copy of the City of Buffalo Ordinance that governs their operation and activity. As part of the Building Pen-nit issuance process the Office of Permits has added a section to the Building Permit application. The applicant is required to supply the Office of Permits with the Disposal Company or refuse company being used to dispose of all construction debris. This practice is in place to eliminate illegal dumping during the construction activity. As part of the inspection process, the Building Inspector monitors the work and assures that the construction site is maintained in a clean and safe condition. If needed, representatives of the Department of Permit and Inspection Services are readily available to confer with in reference to this problem and are willing to assist in any Page 34 01-0626.txt way needed. Please find below the listed City of Buffalo Ordinances governing this work. Please be advised that all contractors performing this type of work will be supplied with a copy of these ordinances. 413-52. Methods of removal and disposal locations; penalties for offenses. A. No person shall plow, shovel, sweep or heap up any snow, ice or other materials into piles or ridges on any street or public place in the city, or cause any such act to be done, or, if an owner of property adjacent to any street or public place suffers any such act by tenants in such manner as to interfere with the safety and convenience of public travel; and in all cases where snow, ice or other material is moved about, it shall be uniformly leveled off in front of residences and places of business in a manner to permit convenient approach thereto and entrance to said premises. B. No plow, sweeper or other similar device, operated by mechanical power, and no rotary brush or sweeper for cleaning streets or parts thereof shall be used on any of the streets or public places of the city unless it is constructed, equipped, protected and operated in a manner to prevent any snow, ice, slush, water or dirt being thrown upon any sidewalk, against any building or upon any vehicle while on any public street. C. No person shall use salt, lime or any deleterious substance to remove snow or ice from the sidewalks or paved portion of any street or public place or from the track or tracks of any street surface railroad, except upon curves, switches, turnouts and at street crossings. D. All such plowing, shoveling, sweeping and removal in any manner of snow or ice from the sidewalks or paved portion of any street or public place within the City of Buffalo shall be done in a manner directed by the Commissioner of Street Sanitation of the City of Buffalo. E.Any person violating the provisions of this section may be liable, in addition to the general penalties, to the penalties established in Chapter 137, Article 1, of this Code. 144-19. Regulation of landscaper services. A.Landscape material for disposal in the City of Buffalo shall not contain any foreign objects, such as stone, brick, concrete, plastic or metal. B.Burning of landscape material within the City of Buffalo is prohibited. C.All landscape materials shall be removed from the serviced property by the landscaper and be transported to the City ofBuffalo composting facility for disposal or composted at the landscaper's facility. D.The placing or dumping of landscape material on public highways, public places or private property is prohibited. it is my sincere hope that this response satisfies your inquiry. REFERRED TO THE SPECIAL COMMITTEE ON STREETS SERVICES FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 73 COMPROMISE OF DEMOLITION CHARGES - 234 MASTEN Catherine Jarrett, owner of 234 Masten, signed a consent with the City of Buffalo Division of Collections on February 21, 1996, to have the garage on the subject property demolished. The City erroneously arranged for a sewer/water line cut and subsequently bid the demolition out on July 17, 1997, for the "main structure and garage." The demlition of the house and garage was completed and the contractor was paid on August 26, 1997. Catherine Jarrett filed a claim against the City of Buffalo immediately upon discovering that her house had been knocked down in error. The contract that she signed clearly stated that the demolition was for the Page 35 01-0626.txt garage only. Furthermore, the memorandum dated May 2, 1996, from the Division of Collections forwarding the consent to demolition to the Mayor's Task Force on Housing stated that the demolition was for the garage only. The Division of Collections has conferred with Corporation Counsel on this matter and Michael Risman recommends that the City not pursue collection of the demolition charges. Based on the above, the Division of Collections requests that the demolition charges in the amount of $6,343 assessed to Catherine Jarrett be waived, and that the invoice number 1258 in the amount of $1,110 for the sewer/water line cuts and invoice number 1321 in the amount of $5,233 for the demolition be abated. Mrs. LoTempio moved: That the above communication from the Commissioner of Administration and Finance dated June 8, 2001 be received and filed; and That the Commissioner of Administration and Finance be, and she hereby is authorized to waive the demolition charges in the amount of $6,343 assessed to Catherine Jarrett, owner of 234 Masten, and that the invoice number 1258 in the amount of $1,110 for the sewer/water line cuts and invoice number 1321 in the amount of $5,233 for the demolition be abated. PASSED AYES -13 NOES - 0 NO. 74 COMPROMISE OF DEMOLITION CHARGES - 41 PARKRIDGE ITEM #80 CCP FEBRUARY 6,2001 The property at 41 Parkridge is owned by Charles and Diana Johnson. The house sustained fire damage on July 19, 1991 a the Johnsons filed a claim for fire damage with their insurance company. The Johnsons received a letter of violation date July 31, 1991, from the City of Buffalo Inspections Department and Mr. Johnson contacted the City several times by telephone and in person to advise the City that he intended to repair the property as soon as the proceeds from the fire insurance were made available. The Johnsons; began repairing 41 Parkridge upon receipt of the insurance proceeds. The City of Buffalo simultaneously demolished the structure at 41 Parkridge on or about April 22, 1992 at a cost of $5,450, after the Johnsons failed to appear a demolition hearing. The demolition charges were paid with special assessment funds and subsequently placed upon the IN tax roll pursuant to City Charter requirements. The Johnsons alleged that they were never notified of the demolition, and that the demolition contractor stripped the house all the replacement windows and doors and stole Mr. Johnson's tools. The Johnsons filed a claim against the City of Buffalo for wrongful demolition without proper notice. A review of the City of Buffalo demolition file supports the Johnsons claim There are notes in the file documenting telephone calls and a visit in person from Mr. Johnson regarding rehabilitation of I property. Additionally, there is no proof of service for the demolition hearing in the file and no evidence that building m posted for demolition as required. The Division of Collections conferred with Corporation Counsel and Michael Risman recommended that the City not pursue collection of the demolition charges based on lack of notice. Based on the above, the Division of Collections requests that demolition charges assessed to Charles and Diana Johnson forgiven and that tall demolition charges and relative interest be removed from the tax roll due to City of Buffalo due to errors on the part of the City of Buffalo. Mrs. LoTempio moved: That the above communication from the Commissioner of Page 36 01-0626.txt Administration and Finance dated June 7, 2001 be received and filed; and That the Commissioner of Administration and Finance be, and she hereby is authorized to abate the demolition charges and relative interest assessed to Charles and Diana Johnson, owners of 41 Parkridge. PASSED AYES -13 NOES - 0 NO. 75 SUMMONS - 167 NORTH PARK #38 CCP JUNE 12, 2001 You have asked the Bureau of Administrative Adjudication to comment on issues involving summons #0714313. This summons was issued on 3/16/01 against Mrs. Monaco for Illegal Dumping * 167 North Park based on a complaint issued by a resident who claimed that snow was plowed from Mrs. Monaco's residence onto her property at 167 North Park. On April 9,2001, Mrs. Monaco came in and requested a hearing to dispute the summons. A hearing was held on June 15, 2001 at which time Mrs. Monaco was present. The summons was resolved to the satisfaction of the respondent REFERRED TO THE COMMITTEE ON LEGISLATION NO. 76 CERTIFICATE OF APPOINTMENT Appointment Effective: June 25, 2001 in the Department of Administration and Finance, Division of Parking Enforcement to the Position of Parking Meter Operation Supervisor I, Permanent Appointment at the: Maximum Starting Salary of: $34,583 Carl M. Barone, 127 Crestwood Ave, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF COMMUNITY SERVICES NO. 77 CERTIFICATE OF APPOINTMENT Appointment Effective: June 22, 2001 in the Department of Community Services, Division of Community Services Administration to the Position of Program Director of Youth Counseling, Permanent Appointment at the Maximum Salary of $41,792 Kathleen Cunningham-Isch, 317 Woodside Ave, Buffalo, 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BOARD OF EDUCATION NO. 78 "F. RAMADHAM-CONCERNS--GRANDSON'S SPECIAL NEEDS" PROPOSAL-BFLO. VOC. TECH CTR." #84, #86 C.C.P., JUNE 12, 2001 Item #84 The Department of Education does not have a "Release of Information" on file and therefore cannot provide details on the student's case. The Committee on Special Education Parent Service Coordinator has been working with the mother since March 7, 2001 to address her concerns. The placement at Heritage Center was appropriately supportive for the student after the addition of a Personal Aide in November 2000. Mrs. Ramadham made the decision to remove the student. The Committee on Special Education scheduled a meeting for July 11, ' 2001 to discuss program and placement recommendations. Item #86 See attached response. REFERRED TO THE COMMITTEE ON EDUCATION Page 37 01-0626.txt FROM THE CITY CLERK NO. 79 CITY OF BUFFALO BRIEF SUMMARY 1989 - 2001 RECORDS MANAGEMENT PROGRAM Honorable Common Council: Attached for your review is a brief summary of the City of Buffalo Records Management Program. The use of photos illustrates the tremendous amount of work that we have been faced with. It is hopeful that after reviewing the summary you will be able to see the need for the City to promote a permanent outside Inactive Records and Research Facility. As always, I will be happy to discuss this project with you in detail. However, due to the Summer Intern Program starting, I have to take my vacation early. I will be available after July 9, 2001 to go over this in detail. Respectfully yours, Charles L. Michaux, III City Clerk Records Management Officer Registrar of Vital Statistics REFERRED TO THE COMMITTEE ON LEGISLATION NO. 80 NIAGARA COUNTY INACTIVE RECORDS FACILITY Honorable Common Council: Attached for your review is photographs of the new Niagara County Inactive Records Facility. This structure is approximately the size of the facility that the City of Buffalo, Records Management Division would need to house our current inventory of Inactive Records. The cost for completion of just the building alone was approximately $400,000., which is a lot less then the $1.5 - $2 million dollars quoted by the Public Works Department. Niagara County was able to utilize $160,000. of the tobacco settlement money, $75,000. in grant funds and $75,000. In capital funding towards this project. The rest of their funding fell under "in-house" funds. As always, I will be happy to discuss this project with you in detail. However, due to the Summer Intern Program starting, I have to take my vacation early. I will be available after July 9, 2001 to go over this in detail. Respectfully yours, Charles L. Michaux, III City Clerk Records Management Officer Registrar of Vital Statistics REFERRED TO THE COMMITTEE ON LEGISLATION NO. 81 AUTO ALLOWANCE I transmit herewith certificates of auto allowance submitted for the following individuals in the various departments listed below: Public Works-Peter Rose Community Services-Roderick Aldridge RECEIVED AND FILED. No. 82 Liquor License Applications Attached hereto are communications from persons applying for Page 38 01-0626.txt liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 490 Pearl St Lydia's Inc Lydia's Inc 2160 Seneca St Sammy DelMonte Sammy DelMonte RECEIVED AND FILED No. 83 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: Public Works, Streets & Parks- Martin Furmanek, James Ralph Police- Michael J. Strobele, Cindy Diem RECEIVED AND FILED. No. 84 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: City Planning Board RECEIVED AND FILED. No. 85 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. Certificate of Appointment Appointment Effective: June 12, 2001 in the Department of COMMON COUNCIL to the Position of INTERN V SEASONAL NON-COMPETITIVE FLAT Starting Salary of: $8.00/HR Rashied McDuffie 965 Kensington BUFFALO NY 14215 Marisol E. Rodriguez 575 Minnesota Ave BUFFALO NY 14215 Appointment Effective: June 18, 2001 in the Department of COMMON COUNCIL to the Position of INTERN IV SEASONAL NON-COMPETITIVE FLAT Starting Salary of: $6.00/HR Nicole Stevens 46 Ketchum Street Buffalo, New York 14213 the Municipal Civil Service Commission for the Appointment Effective: June 18, 2001 in the Department of COMMON COUNCIL to the Position of INTERN II SEASONAL NON-COMPETITIVE : FLAT Starting Salary of: $5.15/HR Thomas McParflane 38 Eaglewood Ave. BUFFALO NY 14220 Appointment Effective: July 2, 2001 in the Department of COMMON COUNCIL to the Position of INTERN II Temporary NON-COMPETITIVE FLAT Starting Salary of: $5.15/HR Bogucki, Michael 15 Wasson Street Buffalo, N.Y. 14210 Ring Robert 82 Gorski St. Buffalo, N.Y. 14206 Appointment Effective: June 13, 2001 in the Department of COMMON COUNCIL to the Position of INTERN I SEASONAL NON-COMPETITIVE FLAT Starting Salary of: $7.00/HR Patrick Martino 203 Potters Road BUFFALO NY 14220 Appointment Effective_ June 11, 2001 in the Department of COMMON COUNCIL to the Position of INTERN I SEASONAL NON-COMPETITIVE FLAT Starting Salary of - $7. OO/HR Laurie Ziolkowski 42 Coburg St Buffalo NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 86 Appointments-Mayor's Youth Opportunity & Employment I transmit herewith appointments made in the Mayor's Youth Opportunities and Employment Programs. Page 39 01-0626.txt RECEIVED AND FILED Certificate of Appointment Appointment Effective: June 7,2001 in the Department of Executive Division of Mayor to the Position of Intern I Seasonal Non-Competitive at the Flat Starting Salary of: $7.00 Miguel Cardona 55 Traymore Ave. Buffalo, NY 14216 Appointment Effective: June 21, 2001 in the Department of Executive Division of Mayor to the Position of Intern II Seasonal Non- Competitive at the Flat Starting Salary of: $5.15dress Jofton Cunningham 121 Commonwealth Ave. Buffalo, NY 14216 Yvette Davis 117 Kensington Ave. Buffalo, NY 14214 Lindsey Fitzgerald 425 South Legion Dr. Buffalo, NY 14220 Dana Murray 29 Gail Ave. Buffalo, NY 14215 Shneika Roberts 916 Humboldt Pkwy. Buffalo, NY 14211 Jeremy Wasielewski 914 South Park Ave. Buffalo NY 14210 Angelo Sepulveda 14 Auchinvole Buffalo, NY 14213 Appointment Effective: June 18,2001 in the Department of Executive Division of Mayor to the Position of Intern II Seasonal Non- Competitive at the Flat Rate Starting Salary of: $5.15 Brian Connors 109 Whitehall Ave. Buffalo, NY 14220 Felecia Faizone 60 Manchester Pl. Buffalo, NY 14213 Robert Felschow III 241 O'Connell Ave. Buffalo, NY 14210 Renee Ferguson 408 Dewey Ave. Buffalo, NY 14214 Jason Heidinger 195 O'Connell Ave. Buffalo, NY 14210 Edward Taylor 143 Walnut St. Buffalo, NY 14204 Appointment Effective: June 13, 2001 in the Department of Executive Division of Mayor to the Position of Intern II Seasonal Non- Competitive at the Flat Rate Starting Salary of: $5.15 Brian Allen 49 Collingwood Ave. Buffalo, NY 14215 Mary Cavaretta 88 Mariemont Ave. Buffalo, NY 14220 William Griffin Jr. 94 Rutland St. Buffalo, NY 14220 Ashley Potenza 44 Agassiz Circle. Buffalo, NY 14214 Mercedez Roper 76 Oneida St. Buffalo, NY 14206 Appointment Effective: June 12,2001 in the Department of Executive Division of Mayor to the Position of Intern II Seasonal Non- Competitive at the Flat Starting Salary of $5.15 LaQuanna Abrams 181 Coit Buffalo, NY 142 Keiattiaye Chinn 249 Hoyt Buffalo, NY 14213 Emily Doyle 54 Revere Pl. Buffalo, NY 14214 Ashley Stewart 247 Hazelwood Ave. Buffalo, NY 14215 Appointment Effective: June 11,2001 in the Department of Executive Division of Mayor to the Position of Intern II Seasonal Non- Competitive at the Flat Starting Salary of: $5-15 Kathryn Belliotti 95 Edge Park Ave. Buffalo, NY 14216 Michael Brogan 325 Potters Rd. Buffalo, NY 14220 Allison LeCastre 597 LaFayette Ave. Buffalo, NY 14222 Sonya LeCastre 597 LaFayette Ave. Buffalo, NY 14222 Natasha Mehta 151 Shenandoah Rd. Buffalo, NY 14220 Bridgett Scahall 30 Salem St. Buffalo, NY 14220 Appointment Effective: June 1, 2001 in the Department of Executive Division of Mayor to the Position of Intern II Seasonal Non- Competitive at the Flat Rate Starting Salary of $5.15 Christopher Smith 14 Brost St. Buffalo, NY 14220 Yarelis Velazquez 229 Vermont Ave. Buffalo, NY 14213 Appointment Effective: June 5,2001 in the Department of Executive Division of Mayor to the Position of Intern II Seasonal Non-Competitive at the Flat Starting Salary of: $5.15 Brittany Carey 2387 Seneca St. Buffalo, NY 14210 Courtney Collins 70 Phyllis Ave. Buffalo, NY 14215 Erin Collins 153 Choate Ave. Buffalo, NY 14220 David Kafer 116 Huntley Rd. Buffalo, NY 14215 Molly Maldovan 84 Woodward Ave. Buffalo, NY 14214 John Passek 26 Manchester Pl. Buffalo, NY 14213 Tiffany Timineri 90 Virgil Ave. Buffalo, NY 14216 Page 40 01-0626.txt Emily Trimper 56 Berkley Pl. Buffalo, NY 14209 Jeremy Waskielewicz 21 Melrose St. Buffalo, NY 14220 Appointment Effective: June 6,2001 in the Department of Executive Division of Mayor to the Position of Mayor II at the: Flat Starting Salary of: $5.15 Kara Bennett 375 Villa Ave. Buffalo, NY 14216 Felecia Burt 51 Leroy St. Buffalo, NY 14214 Jeanette Gadley 682 Humboldt Pkwy. Buffalo, NY 14211 Aaron Hayes 117 Virgil Buffalo, NY 14216 Aimee Maseduca 69 Homer Ave. Buffalo, NY 14216 James Morrell Jr. 188 Jewett Pkwy. Buffalo, NY 14214 Peter Rizzo 20 Tioga St. Buffalo, NY 14216 Liz Roth 232 Cumberland Ave. Buffalo, NY 14220 John Ruffino 273 Wellington Rd. Buffalo, NY 14216 Michael Schieber 168 Dandee St Buffalo, NY 14220 Appointment Effective: June 8,2001 in the Department of Executive Division of Mayor to the Position of Intern II Seasonal Non-Competitive At the Flat Starting Salary of: $5.15 Artie Chandia 202 Newburgh Buffalo, NY 14215 Michael Deganis 200 Huntington Buffalo, NY 14214 Kaylene Dunning 182 Eaglewood Ave. Buffalo, NY 14220 William Grillo, Jr 126 Edgrwood Ave. Buffalo, NY 14220 Rena Lombardo 163 Bird Ave. Buffalo, NY 14213 Zaida Surillo 207 Rhode Island Buffalo, NY 14213 Melissa Denecke 232 Tuscarora Rd. Buffalo, NY 14220 Alexis Kane 708 Richmond Ave. Buffalo, NY 14222 William Lumadue 148 Sterling Ave. Buffalo, NY 14216 Jeffery McGavis 82 Athol Buffalo, NY 14220 Paul Imes 599 Northumberland Buffalo, NY 14215 Randale Imes 599 Northumberland Buffalo, NY 14215 Brendan Shera 143 Mariner St Buffalo, NY 14201 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 87 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: June 18, 2001 in the Department of Public Works, Parks & Streets, Division of Buildings, to the Position of Clerk Seasonal Non-Competitive at the Flat Starting Salary of: $8.00 Kelly A. McDonough 115 Delsan Court Buffalo14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE Certificate of Appointment Appointment Effective: July 1 , 2001 in the Department of Public works, Parks, Streets Division of Recreation to the Position of Laborer II Seasonal Appointment at the: Flat Starting Salary of: $ 6.92 Jeffrey Logal 55 Virgil Buffalo 14216 Vincent McCarthy 595 Linden Buffalo, NY 14216 Appointment Effective: June 25, 2001 in the Department of Public Works, Par~s and Streets Division of Streets to the Position of Seasonal Laborer Seasonal Non-competitive at the: Flat Starting Salary of: $6.92/hour Telly Forcucci 175 Truscarora Rd. Buffalo NY 14220 Appointment Effective: June 18, 2001 In the Department of Public Works, Parks and Streets Division of Engineering To the Position of Laborer II Seasonal non-Competitive at the Flat Starting Salary of $6.92 Jamell M. Momau 134 Isabelle Street Buffalo, NY 14207 Appointment Effective: June 18, 2001 in the Department of Public Workso Parks and Streets Division of Streets to the Position of Seasonal Laborer IISeasonalNon-competitive Flat Starting Salary of: $ 6.92 Jack Alagna 23 Lovering Ave Buffalo, Ny 14216 Page 41 01-0626.txt Appointment Effective: June 14, 2001 in the Department of Public Works, Parks and Streets Division of Streets to the Position of. Seasonal Laborer II Seasonal at the: Flat Starting Salagy of: $6.92 Mark J. Giardina 1310 Delaware Avenue Buffalo, NY 14209 Timothy Hanrahan 205 Whitfield Buffalo, NY 14220 Jerome JerozAl 27 Davey Street Buffalo, NY 14206 Horace Miller 61 Gatchell Buffalo, NY 14211 Frederick Mosca 588 Dorrance Avenue Buffalo, NY 14218 Ralph L. Patterson, Sr 2512 Bailey Avenue Buffalo, NY 14215 Aaron Stetter 104 Stevenson Buffalo, NY 14220 Appointment Effective: June 12, 2001 in the Department of Public Works, Parks and Streets Division of Streets to the Position of Seasonal Laborer II Seasonal at the: Flat Starting salary of: $6.92/hour Monica Grabowski 98 Montgomery St Buffalo, NY 14206 Angel Gauthier, Jr. 520 Plymouth Buffalo, NY 1421'3 Kerwin Boswell 54 Humber Avenue Buffalo 14215 Appointment Effective June 5, 2001 in the Department of Public Works, Parks and Streets Division of Streets to the Position of. Seasonal Laborer II Seasonal at the: Flat Starting Salary of: $ 6.92 Phillip Anderson 125 Shumway Street Buffalo, NY 14206 Walter Cromer 723 Woodlawn Buffalo, NY 14211 Carl Fisher 39 Leamington Buffalo, NY 14210 William George 108 Cantwell DriVE Buffalo, NY 14220 Joseph Hussar 1331 Clinton St. Buffalo, NY 14206 Carl E. Johnson, Jr 283 Hastings Buffalo, NY 14215 Willis Jones, Jr. 160 Niagara St. Apt. 301 Buffalo, NY 14201 Salvatore LoDestro 21 Rosedale St. Buffalo, NY 14207 Ronald Link 80 Reservation St. Buffalo, NY 14207 James Morris 424 Hoyt St. Buffalo, NY 14213 Kevin Pan9burn 436 Banes Buffalo, NY 14213 Willie Pennyamon 24 P.aderewski Buffalo, NY 14212 Donald Pieczynski 17 Krakow Street Buffalo, NY 14206 Daniel J. Pugh 79 Altruria St. Buffalo, NY 14220 Bart Stachoski 400 Willett Avenue Buffalo, NY 14206 Norman Ross 17 Durham Avenue Buffalo, NY 14215 Michael Sacilowski 49 Goodyear Buffalo, NY 14212 Charles Sessa 174 Normal Avenue Buffalo, NY 14213 Michael Valenti 572 Iracoma Avenue Buffalo, NY 14216 William-Yohn 810 South Park Aven Buffalo, NY 14210 Appointment Effective: 6/25/01 in the Department of Stadium and Auditorium Division of Dunn Tire Park to the Position of Laborer I I Edward Williams 21 Allen Street Buffalo, 14202 Appointment Effective: June 25,2001 in the Department of Public Works, Parks/ Streets Division Of Recreation to the Position of Lifeguard Seasonal Non ccmpetitive at the: Flat Starting Salary of: $ 6.25 Jenell McEwen 93 Gatchell Buffalo 14213 Lindsay Laracuente 91 Aldrich Buffalo 14220 Mary Mecesji 18 Eden Buffalo 14220 REFERRED TO THE COMMITTEE ONCIVIL SERVICE No. 88 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: July 2, 2001 in the Department of: Administration & Finance Division of: Purchase to the Position of: Buyer Permanent Appointment :at the: Minimum Starting Salary of: $36,103 Paul Desiderio 70 Hayden St Buffalo, NY 14210 Appointment Effective June 12, 2:001 in the Department Community Page 42 01-0626.txt Services Division of Sub. Abuse to the Position of Counselor II Provisional Appointment Minimum Alexis L Klosterman-Nyhuis 55 Whitney Place Buffalo, NY 14201 Appointiment Effective: 6/16/01 in the Department of Human Resources Division of Civil Service. to the Position of Monitor Temporary Non-Competitive at the: Flat Starting Salary of: $ 7.00 Larry Hill 100 Beck St. Buffalo, NY 14212 Appointment Effective: June 11, 2001 in the Department of: Police to the Position of: Crossing Guard Temporary Non-Competitive the: Minimum Salary of: $ 7.09 Luz M. Laureano 529 Busti Ave. Buffalo, NY 14201 Appointment Effective: June 11, 2001 in the Department of: Police to the Position of: Report Technician Provisional Appointment at the: Minimum Starting Salary of: $ 25,903 Claudia M. Mitchell 210 Berkshire Avenue Buffalo, New York 14215 Melissa A. Kilcoyne 102 Woodside Avenue Buffalo, New York 14220 Ginger Y. Carey 757 Amherst Street Buffalo, New York 14216 Appointment Effective: June 8,2001 in the Department of Public works, Parks Streets Division of Recreation to the Position of Recreation Instructor Temporary Appointment at the: Minimum Starting Salary of: $ 27,188-00 Cory McAllister 24 Sheffield Buffalo 14220 Appointment Effective: May 18, 2001 in the Department of Public Works, Parks & Streets Division of Water to the Position of Account Clerk Permanent Appointment at the: Minimum Starting Salary of: $25,005 Robyn Tisdale 124 Fairfield Buffalo, NY 14214 Appointment Effective: June 19, 2001 in the Department of Public Works, Parks & Streets Division of Demolitions to the Position of Heavy Equipment Operator Permanent Appointment at the: Minimum Starting Salary of: $ 26,970 Michael J. Ryan 653 McKinley Parkway Buffalo 14220 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 89 G. ADKINS COMPLAINT HIGH UTILITY BILLS I want to express My OUTRAGE over My Utilities', especially My heating bill, The last 3 months were $220.,$425.,$279., This is outrageous. National Fuel's only response was Madam, WE suggest you take Your bill to Heap. In the meantime Niagara Mohawk has socked it to Me for $325., for the month of February., I'm sure You can understand my outrage., In a climate like We have here in Western New York, WE must have heat to survive The bitter cold of WINTER. I IMPLORE ALL OF OUR ELECTED OFFICALS TO DO SOMETHING ABOUT OUR UTILITY BILLS. REFERRED TO THE SPECIAL COMMITTEE ON ENERGY AND NIAGARA MOHAWK CORP NO. 90 MEM STATE LEG MANDATORY SENTENCING Thank you for your recent letter urging my support for legislation that -would provide mandatory sentencing for those who choose to illegally use guns in our state. The points raised in your letter are well taken, and I can certainly understand your desire to see a law of this nature enacted. As a point of information, over 100 bills have been introduced in both houses of the Legislature that deal with guns and the sentences associated with the use of illegal firearms. However, several strike me as having the potential to be very effective, and conducive to your way of thinking. I have enclosed copies of those bills for your review. In closing, you can be assured of my support for any bill that offers much needed protection to our citizenry. By putting violent criminals Page 43 01-0626.txt into prison for a long time when they use firearms while committing a felony, we can take another step forward in the fight against crime. Thanks again for taking the time to write. I always appreciate your feedback and advice. RECEIVED AND FILED NO. 91 D. CHERNOFF OBJECTIONS TO ON STREET PKG. PLAN-E HURON ST." (#38 C.C.P JUNE 12, 2001) Dear Council Members: Thank-you for requesting the comments of Buffalo Place staff on this issue. As you know, over the last year we have been working with City Public Works and Parking Enforcement on proposed changes to Downtown on-street parking for the purpose of supporting economic growth in Downtown Buffalo. This plan has not yet been submitted to Council by the administration, but will be soon. The March 2000 Destination Downtowm Buffalo 2002 access study found a significant current and projected parking deficit 'in Downtown which has made it difficult to secure commercial tenants interested 'in downtown space. A number of recommendations were made 'including making the best use of on-street parking capacity so that fewer public parking ramp spaces at a cost of $10-12,000 per space would need to be built. Specific on-street recommendations were to create at least 500 additional on-street parking spaces, and to provide at least 200 low cost all day spaces. Following an exhaustive survey of current on-street parking usage and analysis by Buffalo Place, City Traffic Engineering and Parking Enforcement, a recommended plan for revising on-street parking regulations was proposed. This plan was circulated to over 4,000 Downtown constituents, *including Mr. Bert W Simon, Jr. of Huronell Parking. Mr. Simon reviewed the plan and was concerned with the creation of low cost all day parking spaces 'in the area between St. Michael's, Washington, Huron and Oak Streets. These spaces were designed to pull some cost sensitive parkers out of core parking facilities, which are currently at capacity, so that potential tenants may identify where their employees would be able to find parking. Currently, realtors and property managers report that this is the prime reason for loss of potential tenants. I sent Mr. Simon the detailed reports documenting the current parking shortfall *in the Main Genesee area, as well as the thinking behind the short-term recommendations to find parking or alternative ways to travel to work for at least 2,000 Downtown employees. The on-street parking plan is an integral, low budget part of this recommendation. Regarding the capacity issue in the Main Genesee area, Mr. Simon's three lots were noted as full *in the Desman Associates parking survey completed as part of the Destination Downtown Buffalo 2002 report. (Note that this was not an opinion survey of parking lot operators, but an observation of the location of parking areas, and quantification of the number of spaces available and occupied at that time.) The lots were also full this week, and so, would not be available to assist in providing sufficient parking to secure additional downtown tenancies. Also full 'in this area and unavailable for future tenancies are the Mohawk and Augspurger Ramps, and lots operated by ProPark, Northern Light, and Allright. In fact, the only publicly available parking that can be offered to potential tenants is 20 spaces near Mohawk and Washington, and 70 spaces near Oak and Tupper. The goal of the on- street parking plan is to attract price-sensitive parkers to use existing infrastructure for parking and to free up more Page 44 01-0626.txt expensive spaces *in higher demand locations. If the on-street spaces are priced too high they will not perform this function. We do not believe Mr. Simon's lots will be affected by $2/day parking because on-street itinerant spaces do not draw the same clientele as secure monthly guaranteed spaces which allow in-and-out parking. The worst case scenario would be competition from free parking, yet Mr. Simon's Ellicott Street lots are not affected by the unmetered, free on-street parking spaces directly around the corner. The draft on-street parking plan has been revised based on public comments, and was reviewed by Mayor Masiello. He requested that all-day spaces not be sold immediately adjacent to parking lot businesses at a lower price. When the plan is submitted by the Administration to the Council it will include a few blocks of $3/day parking to eliminate direct competition. However, we think we have made the argument for the need for $2/day on-street parking 'in this district. We urge the Council to keep the overall parking deficit *in the core of Downtown and its effect on budding commercial tenancies 'in mind when considering this issue. Please let us know if we may be on any further assistance. Sincerely, REFERRED TO THE COMMITTEE ON LEGISLATION NO. 92 CORA CIESZYNSKI REQUEST PARKING ON BOTH SIDE OF WHEELOCK STREET AFTER 4:00 P.M. ATTACHED PLEASE FIND A REQUEST FROM THE CONSTITUENT REQUESTING THE ABOVE. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 93 "CAO-INCORRECT CALCULATION OF FEES-FLAT WATER/SEWER SERVICE-427 WOHLERS (ITEM #32, C.C.P JUNE 12, 200 1) Dear Ms. Davis: We have received your request for information pertaining to the above referenced matter and are investigating the circumstances relating to this problem. Based on our preliminary review, there does appear to be a billing discrepancy related to the original flat rate bill for this account. In order to more fully research and provide for an accurate correction, we are requesting additional time to process this request. I have forwarded this matter to our customer service department and expect to have a detailed report and correction within the next two weeks. Unless I hear otherwise, I will assume that this request will meet with your approval. Thank you in advance for your anticipated cooperation in this matter. Please feel free to call me at' 852-0499 should you wish to further discuss this account in the meantime. REFERRED TO THE COMMITTEE ON FINANCE NO. 94 M. COPPOLA HIGH ENERGY PRICES AND EFFECTS ON CITY OF BUFFALO The attached article as an informational piece. REFERRED TO THE SPECIAL COMMITTEE ON ENERGY NO. 95 L. DUVALL-IRON ISLAND PRES SOCIETY REQ WAIVER OF TENT FEE FOR SPECIAL EVENTS Page 45 01-0626.txt Please have the below request put on the next Common Council agenda (June 26, 2001). The Iron Island Preservation Society of Lovejoy, Inc. is requesting that the tent fee for special events be waived for our 91h annual "Welcome to Lovejoy's Iron Island Festival ". Our organization, as always, has no problem paying for the required fees associated with running such an event (standfees, street closing, etc). The only fee that is very trying to our vendors is the tent fee. If you have any questions please fee free to contact me at 892-3084. Thank you in advance for -your support and cooperation. Mrs. LoTempio moved: That the above communication from the Iron Island Preservation Society of Lovejoy, Inc. dated June 13, 2001 be received and filed; and That the tent fee be waived for the 96' annual "Welcome Lovejoy's Iron Island Festival" for the year 200 1. PASSED AYES -13 NOES - 0 NO. 96 REVALUATION OF PROPERTY LOCATED AT 281 PADEREWSKI DRIVE, BUFFALO, NEW YORK 1421) Dear Mr. Pitts: This letter is submitted to you regarding the original Appraisal of Real Property for the above referenced location. Subsequent to the analysis, and valuation of the property on January 29, 2001, additional *information became available to me which has a significant effect on the market value of said property. Please note the following: A similar property located at 179 Paderewski Drive, Buffalo, New York sold in November 2000, for $350.00. There are a number of vacant lots in the immediate market area, which has created a buyers market. A buyers market usually results 'in lower sale prices for real estate property. I have reviewed land sales *in the area for similar properties as follows: 53 Reed Street, Buffalo, New York Lot Size 30' X 115.501 Area 3465 Square feet Sale Date, January 26, 1999 for $500.00 344 Guilford Street, Buffalo, New York Lot Size 30' X 94.401 Area 2832 Square Feet Sale Date, September 17, 1998 for $500.00 231 Clark Street, Buffalo, New York Lot Size 30'X 94.40' .Area 2733 Square Feet Sale Date, August 10, 1998 for $500.00 Upon final review and analysis it is my opinion that the market value of the property at 281 Paderewski Drive is $350.00. If there are questions *in regard to this matter do not hesitate to contact me at the above listed telephone number. RECEIVED AND FILED NO. 97 D. FERNANDES-REQ WAIVER BLDG -PERMIT FEES BFLO ZOO I am writing to you to ask the Common Council to waive the building permit fees associated with an upcoming construction project at the Buffalo Zoo. We are planning a major upgrade to the Main Animal Building, with money received from Erie County and New York State. The $3 million project will replace thirty small cages on the exterior of the building with six large habitats featuring endangered species from Page 46 01-0626.txt around the world. The project will also rebuild one of the interior areas of the Main Building into a "Conservation Station", with several large enclosures and a variety of interactive exhibits. These improvements are being undertaken to assist with the Zoo's accreditation by the American Zoo and Aquarium Association since our existing exhibits do not meet current professional standards. The exhibits are being designed by Foit-Albert Associates. According to the City Architect who is managing the project, the permit fees would be approximately $70,000. Please consider waiving the fees so the funds could be used for educational graphics. If possible, we would like to get on the Common Council agenda before your last meeting in June so that we can proceed with preparing our final documents for bid. If you would like, I can attend the next Common Council meeting and present the scale model for review. Please call me at 837-3900 ext. 171 if you have any questions. Thank you very much for your assistance and for your support of the Zoo. Best wishes, Mrs. LoTempio moved: That the above communication from the Buffalo Zoo dated June 11, 2001 be received and filed; and That the building permit fees associated with an upcoming construction project at the Buffalo Zoo be waived. PASSED AYES -13 NOES - 0 NO. 98 MILLICENT AVENUE BLOCK CLUB PICNIC Dear CcxIncil Member Grant, We would like to extend our Block Club Picnic from Suffolk Street to Kay Street. The picnic committee feel this will be necessary to accommodate everyone with the various activities planned. Your prompt attention co this matter will be deeply appreciated. Mrs. LoTempio moved: That the above communication from the Millicent Avenue Block Club dated June 18, 2001 be received and filed; and That the street closing permit fee be waived for the closing of Millicent Avenue between 198 and 260 Millicent Avenue for their annual Block Club Picnic. PASSED AYES -13 NOES - 0 NO. 99 M. HANLEY-JOINT SCHOOLS CONSTRUCTION BOARD ITEMS 213 AND 214, CCP JUNE 12, 2001 I am writing on behalf of the Joint Schools Construction Board ("JSCB") to respond to the questions posed in the above-noted Resolutions. 1.Question: Is it JSCB's intention to hire a firm or a person? Although the "City of Buffalo and the Board of Education of the City School District of the City of Buffalo Cooperative School Construction Act" (Ch. 605 L2000) defines program manager to mean "an independent program management firm hired by the JSC Board the term firm is not defined in the statute. It should therefore be given its usual and commonly understood meaning of a type of business arrangement. It is the intention of the JSCB to hire the entity best qualified to provide the services described in the RFQ regardless of whether that entity is an individual, a sole proprietorship, a partnership, a corporation or any other type of firm or business. 2.Question: Is it JSCB's intention to hire an independent Program Manager or an Executive Director-Owner's Representative? As stated in the RFQ, the position is called Executive Director, Page 47 01-0626.txt Program Manager and Owner's Representative. The JSCB intends to hire an Executive Director, Program Manager and Owner's Representative that will assist it and represent it in developing and implementing the many aspects of the construct i on/reconstruct ion program and that will also provide knowledgeable and experienced staffing for the JSCB. This is consistent with the enabling legislation which permits the JSCB to assign "other and additional tasks" to the Program Manager (Ch. 605 L2000, 7-a) and with the By-Laws of the JSCB which permit the JSCB to engage an Executive Director. 3.Question: Why has the name of the solicitation been changed? Question: What is a Program Packaging and Development Services Provider, and why was no mention of this "New" entity ever disclosed publicly before? Question: Why is the scope of services of the Program Manager in the new RFQ seemingly being divided among several entities? If this solicitation is to hire a Program Manager, why is the solicitation significantly different than what was published for public comment? Question: Conversely, if the intent is to hire an individual as an Executive Director, why are there numerous direct references to the services specifically prescribed by the enabling legislation, and direct reference to a Program Managers' responsibilities, to be provided by the Program Manager, and the statement made that all Services to be provided to be pursuant to an in accordance with the provisions of the enabling legislation"? Question: Why is the title of these positions/consultants (Program Manager), (Executive Director, Program Manager, Owners Representative), Program Packaging and Development Services Provider being changed without explanation? During March 2001, the JSCB published for public comment, a draft document called the Draft Request for Qualifications for Program Manager. The Draft RFQ was designed to elicit information from responding firms about their ability to perform either or both of two functions: (i) as a pure Program Manager or Owner's Representative to assist, advise and represent the JSCB throughout the construction/reconstruction program, and (ii) as a developer with its own financial incentives to participate in the program. During the public comment period, the JSCB, with input from the New York State Education Department, New York State Regents, and legal counsel determined that the enabling legislation would not permit the Program Manager to also assume a development role whereby it would have a financial interest in the project. Rather, the enabling legislation required the Program Manager to be independent with loyalty only to the JSCB. Clearly, a Program Manager could not be expected to provide unbiased advice to the JSCB about projects and contracts in which it had its own financial interest. At the same time, during the public comment period, comments on the draft RFQ received from potential respondents indicated a need to be more clear as to whether the Program Manager would be expected to be at risk financially and to assume a development role. As a result of these developments, and in particular because the enabling legislation precludes the Program Manager from having a financial interest in the project, the JSCB determined to create two documents to reflect the two separate functions noted above: (i) an RFQ for Executive Director, Program Manager and Owner's Representative, and (ii) an RFQ for Program Packaging and Development Services Provider. As relabeled, the RFQ for Program Packaging and Development Services Provider seeks qualifications and information from firms with sufficient resources, knowledge and experience, both to provide specific guidance on how to implement and finance the district-wide construction and reconstruction program and itself to participate in financing and developing the school and social support facilities Page 48 01-0626.txt encompassed by the program. The substance of the relabeled RFQ is practically identical to the draft RFQ that was published for public comment in March, 2001. The second document, the RFQ for Executive Director, Program Manager and Owner's Representative seeks qualifications from firms to perform the function of Program Manager in the more traditional sense as described in the enabling legislation. That is, the Program Manager will assist, represent and "look out for" the interests of the City, the school district and the JSC13 throughout this program, thereby serving as Program Manager and Owner's Representative, and pursuant to the JSC13 By-Laws, also provide the services of an Executive Director. The JSC13 considered, discussed and made the above-described determinations at meetings that were open to the public and part of the public record. 4.Question: Why is this new entity participating in the selection of other consultants, such as the Program Packaging and Development Services Provider? Question: Why is the entity required to participate in the evaluation of proposals and negotiations for the financing and development of particular school construction and reconstruction projects when the initial draft RFQ, posted March 1st required firms to submit Program Management proposals to address financing plans for local share components of new and reconstructed schools, such that it appears to subvert the intention of the legislation? The enabling legislation (Ch. 605 L2000, 3(k) (7)) requires that the Program Manager assist the JSCB in "assessing all contracts related to projects entered into by the JSC Board and that would include contracts for other consultants and contracts to provide financing for projects. 5.Question: Why have the procedures of the legislation not been followed? The procedures set out in the enabling legislation have been followed in that the JSC13 has commenced a process to hire a Program Manager. The enabling legislation contains specific procedures to be followed by the JSCB when it enters into certain contracts, leases or rental agreements (Ch. 605 L2000, 5). The JSC13 intends to comply with those provisions. The enabling legislation does not contain specific procedures governing the hiring of a Program Manager or governing the issuance of Request for Qualifications. 6.Question: Why have the comments of the public hearings and questions not been divulged? The comments of the public hearings and questions have been disclosed and are part of the public record of this process. Responses to the questions and comments are reflected in changes to the final RFQs, as noted above. 7.Question: Why has the solicitation ignored local business and minority participation, and Buffalo strategic planning objectives? The solicitation has not ignored local business and minority participation or Buffalo strategic planning objectives. The RFQ for Program Packaging and Development Services Provider contains information on the importance of these objectives. Also, the scope of authority described in the RFQ for Executive Director, Program Manager and Owner's Representative includes developing and implementing policies and procedures to utilize employment resources to provide sufficient skilled employees for the construction of projects, including developing and implementing training programs, if required. Respondents are required to describe their experience in areas of labor relations, intergovernmental relations, workforce stabilization and development, community relations, contract negotiations, contract management, systems development, web-based management, school construction, and other relevant areas. 8.Question: Why is there no contact person listed to address Page 49 01-0626.txt any questions to? The RFQ for Executive Director, Program Manager and Owner's Representative, directed respondents to the office of Mayor Anthony Masiello at City Hall. The RFQ for Program Packaging and Development Services Provider directed potential responders to the office of Mel Alston, Associate Superintendent of Plant Services and School Planning at City Hall. In addition, potential responders to the RFQ for Program Packaging and Development Services Provider were given the opportunity to submit written questions to Mel Alston's office. These questions were then answered at a presubmission conference on June 14, 2001. 9.Question: Who is the selection committee ultimately going to consist of? To make recommendations to the JSCB concerning the selection of Executive Director and Owner's Representative, Program Manager, the JSCB has appointed a subcommittee from its members consisting of New, York Regent Robert Bennett, School Superintendent Marion Cafedo, Council Member Rose Marie LoTempio, Mayor Anthony Masiello, Comptroller Anthony Nanula, and Board of Education Member Jan Peters. The selection committee for the Program Packaging and Development Services Provider has not yet been determined by the JSCB. Thank you for this opportunity to provide this information and respond to your questions. REFERRED TO THE COMMITTEE ON EDUCATION NO. 100 T. HAYWOOD-ADELPHIA RATE CHANGE 8/01 Dear Mr. Michaux: I am writing to inform you about adjustments Adelphia will be making on our rates for Equipment and Installation Services in the City of Buffalo. Beginning with billing statements to customers in August, the rates for Equipment and Installations will become effective according to the table below. CurrentNewChange Installation Rates Installation of Unwired Homes$ 47.00$ 43.00$(4.00) Installation of Prewired Homes$ 35.00$ 32.00$(3.00) Underground Burial Installation$ 60.00$ 60.00$- Install of A / 0 at Initial Installation$ 23.00$ 21.00$(2.00) Installation of A / 0 at Separate Install$ 35.00$ 32.00$(3.00) Downgrade to Basic$ 31.00$ 28.00$(3.00) Relocate Service$ 35.00$ 32.00$(3.00) Transfer$ 35.00$ 32.00$(3.00) Non-Pay Reconnect$ 30.00$ 27.00$(3.00) Trip Charge$ 31.00$ 28.00$(3.00) Addressable Change of Service$2.00$2.00$ Customer Equipment Remote Controls: Remote$0.25$0.25$ Digital Remote$0.25$0.25$ Converters: Non-Addressable Converter$-$-$ Addressable Converter$3.25$3.25$ Digital Converter$3.25$3.25$ Additional Outlet$1.05$0.95$(0.10) Wire Maintenance$-$-$ - Please feel free to contact me at any time if you have any questions about the fees outlined on the above table or any other aspect of your cable television service. Adelphia appreciates the opportunity to provide cable service to the residents of Buffalo. Sincerely, Vice President of Operations Page 50 01-0626.txt Great Lakes Region REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND THE OFFICE OF TELECOMMUNICATIONS NO. 101 ABANDONMENT OF NORTH OAK STREET BETWEEN CARLTON AND HIGH STREETS CCP #45 4/17/ 01 "ABANDONMENT & SALE OF PORTION OF NORTH OAK STREET BETWEEN THE SOUTH ROW OF HIGH AND THE NORTH ROW OF CARLTON" On May 15, 2001, Common Council unanimously approved closing and abandonment of a portion of North Oak Street to the NYS Dormitory Authority to facilitate completion of the Roswell Park Cancer Institute Major Modernization. At the time that we submitted our application, it was our understanding that our neighbor institutions, the Buffalo Medical Group (BMG) and the Hauptman-Woodward Medical Research Institute (HWI), were supportive of our plans for both the park and connector on the southerly portion of the site bordered by Roswell Park as well as the general access to the northern portion that borders all three institutions. Several issues have been brought to our attention that require resolution prior to transfer of a deed to DASNY/RPCI. We are requesting that no action be taken on this request until RPCI has: An easement or similar binding legal agreement with BMG and HWI that satisfies their individual and joint access and future development concerns. A letter of support for the abandonment / sale of all or a portion of the ROW in question from both HWI and BMG, as required by Article 21 of the City Charter. Filed the easements and letters of support with Public Works prior to Public Works initiating any transfer action. Roswell Park Cancer Institute will work through the Buffalo Niagara Medical Campus to reach a mutually satisfactory resolution to land use issues related to North Oak Street. We are also requesting that you acknowledge receipt of this correspondence to each of the stakeholders listed below and, pending further notice, that any action related to the Common Council resolution be deferred. HWI and BMG would like written assurance that the statutory right to object to the project is not negated by our requested deferral of action. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 102 M. MARTINO GENERIC ENV IMPACT STATEMENT DEV UNION SHIP CANAL DISTRICT FROM COUNCIL MEMBER MARTINO Please file the attached generic environmental impact statement for Development of the Union Ship Canal District for the next Council Meeting REFERRED TO THE SPECIAL COMMITTEE ON UNIONSHIP CANAL NO. 103 H. MORSE CELL PHONE LEGISLATION On behalf of the Greater Buffalo-Niagara Regional Transportation Council Policy Coordinating Committee (GBNRTC-PCC) I would like to bring to your attention our support for the legislation to enact a statewide ban on the use of hand-held cellular telephones by drivers. Seven member agencies make up the GBNRTC-PCC including: Page 51 01-0626.txt Niagara Frontier Transportation Authority (NFTA); City of Buffalo; City of Niagara Falls; New York State Department of Transportation; Niagara County; Enie County; New York State Thruway Authority. Attached you will find a copy of the May 9, 2001 unanimously approved resolution. Thank you for your time, cooperation and consideration of the approved resolution. RECEIVED AND FILED NO. 104 ABANDONMENT /SALE OF PORTION OF NORTH OAK STREET BETWEEN THE SOUTH ROW OF HIGH AND THE NORTH ROW OF CARLTON It has come to our attention that the above referenced property has been authorized for the abandonment / sale to the Dormitory Authority of the State of New York. This is to formally notify you that the Buffalo Medical Group, P.C., together with its affiliates, Buffalo Medical Group Building, Inc., and Kevin Walk Inc.., formally object in order to reserve and preserve our legal and economic rights concerning the abandonment / sale of the property to the Dormitory Authority of the State of New York. We want to understand the impact on 85 High Street, Buffalo, New York. The abandonment / sale to the Dormitory Authority may foreclose our Corporations from re-engineering the traffic pattern to better suit our patient needs, as well as limit the long term development plan. We respectfully request that the Common Council suspend all action at this time relative to the abandonment / sale of the above referenced property. It is our intention to resolve these issues with the appropriate neighboring institutions. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 105 UNDERGROUNDING ELECTRIC SERVICES Today Upstate New York communities are investing in community improvement plans to promote economic development and keep their neighborhoods attractive places to live and work. Often, these plans recommend the undergrounding of utility infrastructure as the primary streetscape improvement. Undergrounding, however, is by no means the only alternative to improving a neighborhood streetscape. In many cases, simple design changes to existing utility infrastructure will meet community goals without incurring the cost or inconvenience of undergrounding. Our brochure, Undergrounding Electric Service, outlines the basics of undergounding your utilities and helps identify options to improve your streetscape. It is easy reading, meant for professional planners and citizens alike. The brochure identifies many of the issues a community must address if it decides to underground utilities. It also provides some alternatives to improve a community streetscape without undergrounding. You also can find a wealth of information about community lighting on our new website, www.NiagaraMohawk.com/lighting on lighting products, services, and ideas to help your community improve its infrastructure in the most attractive, cost-effective way. Please call me at 716.857.4315 if you would like more information about improving your community assets and the way Niagara Mohawk can help. Together, we will keep Upstate New York a proud place to live, work and do business. REFERRED TO THE SPECIAL COMMITTEE ON ENERGY NO. 106 Page 52 01-0626.txt C. KYTE UNSAFE CONDITIONS LAKE HOTEL As president and owner of Pooley Inc., located at 207 West Huron Street, it is my duty to inform you of the unsafe conditions at the Lake Hotel. This building is broken into on a daily basis with people now, we assume, living in this city owned boarded up building. Yesterday we almost had someone hit by a bottle that was thrown out of the third floor. On a daily basis my employees are a witness to public urination, drug dealings, drug using, harassment, pan handling, our cars being broken into and more. All due to the people still hanging out at this location. We are trying to conduct a business here with a very important part of our business being visits from our vendors and our customers. At this point subjecting them to all of the above. My company was founded in Buffalo in 1932, 1 live in the city, I love Buffalo. I would prefer to continue the grand history of Pooley Inc. being a Buffalo business. Barbara, here's the catch if one person associated to my company is hurt in any way due to these unsafe conditions we will move this business to the suburbs. This is where we need your help in ending the nightmare of the Lake Hotel. I certainly understand the city hoping to put this building back on the tax base and would applaud the city for finding us a good neighbor, but when is enough. We need your help, please contact me at 852-3780. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE COMMISSIONER OF POLICE PETITIONS NO. 107 D. ADAMS, AGENT, USE 1055 GENESEE STREET FOR ILLUMINATED POLE SIGNS, CANOPY SIGNS. (HRG. 6/19/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 108 S. SZACHTA- AND OTHERTS OPPOSE JUST PIZZA-ABBOTT AND WOODSIDE Attached petition available in City Clerk's Office. RECEIVED AND FILED NO. 109 K. SEALY & OTHERS REQ. BIBLE CURRICULUM IMPLEMENTATION AND BUFFALO PUBLIC SCHOOL AND COMMUNITY CENTERS ATTACHED PETITION AVAILABLE IN CITY CLERK"S OFFICE RECEIVED AND FILED NO. 110 B. WILLIAMS R. CATALDI AND OTHERS REQ ADDRESS DEPLORABLE CONDITIONS 119-121 WEST 247-249 MARYLAND Please file the attached item on behalf of the business and residential community in the Lower Westside Community in the vicinity of 119-121 West and 247-249 Maryland for inclusion on the Common Council Agenda for discussion at the upcoming Session for further action. Should you have concerns regarding this request, please contact me at 851-4980. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PERMITS AND INSPECTIONS NO. 111 CROWLEY AVENUE PETITIONS Please include the enclosed petitions regarding the Crowley Avenue Page 53 01-0626.txt Baseball Diamond in the June 6 , 2001 Common Council meeting. Thank you for your consideration of this request. REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS REGULAR COMMITTEES CIVIL SERVICE (BARBARA A. MILLER-WILLIAMS, CHAIRPERSON) NO. 112 APPOINTMENT ASSOCIATE AUDITOR (MAX) (COMPT.) (ITEM NO. 30-C.C.P. JUNE 12, 200 1) That Communication 30, June 12, 2001 be received and filed and the provisional appointment of James E. Barrett stated above at the maximum salary of $42,621 effective on May 29, 2001 is hereby approved. PASSED AYES -13 NOES - 0 NO. 113 APPT.-DETECTIVE (MAX) (POL.) (CCP#57-JUNE 12, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 114 APPT.-POLICE LT. (CONT. PERM.) (MAX) (POL.) (CCP#58-JUNE 12, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 115 APPT.-SUPT. OF COMM. OPERATIONS (MAX) (FIRE) (CCP#61 -JUNE 12, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 116 APPOINTMENT SR. ADM. ASSISTANT (MAX) (A&F) (ITEM NO. 70-C.C.P. JUNE 12, 200 1) That Communication 70, June 12, 2001 be received and filed and the permanent promotion of Debbie A. Renzoni stated above at the maximum salary of $43,607 effective on May 31, 2001 is hereby approved. PASSED AYES -13 NOES - 0 NO. 117 APPOINTMENT TOW TRUCK OPERATOR (INTER) (LINKOWSKI) (A&F) (ITEM NO. 7 1 -C.C.P. JUNE 12, 200 1) That Communication 71, June 12, 2001 be received and filed and the permanent appointment of James J. Linkowski stated above at the intermediate salary of $25,052 effective on May 28, 2001 is hereby approved. PASSED AYES -13 NOES - 0 NO. 118 APPOINTMENT TOW TRUCK OPERATOR (INTER) (OLIVIERI) (A&F) (ITEM NO. 72-C.C.P. JUNE 12, 200 1) Page 54 01-0626.txt That Communication 72, June 12, 2001 be received and filed and the permanent appointment of Russell J. Olivieri stated above at the intermediate salary of $25,774 effective on May 28, 2001 is hereby approved. PASSED AYES -13 NOES - 0 NO. 119 NOTICES OF APPTS. -TEMP./PROV. /PERM. (CITY CLK.) (CCP#80-JUNE 12, 01) That the above item be and the same hereby is received and filed. ADOPTED FINANCE (BETTY JEAN GRANT, CHAIRPERSON) NO. 120 RENEW LEASE - CENTRAL REFERRAL SERVICE, INC. - 24TH FLOOR, CITY HALL (ITEM NO. 14, C. C.P., JUNE 12, 200 1) That the Executive Director of Strategic Planning be, and he hereby is authorized to renew the lease between the City and Central Referral Service, Inc., for use of city owned property located at 24th Floor of City Hall, 65 Niagara Square, for an additional twelve (12) month period commencing retroactively on April 1, 2001 and terminating on March 31, 2002, under the same terms and conditions as the previous lease. That the Corporation Counsel be, and he hereby is authorized to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. PASSED AYES -13 NOES - 0 NO. 121 GEN. FUND GAP SHEET-THIRD QUARTER 2000-01 (A&F) (CCP#67-JUNE 12, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 122 ABANDONMENT/SALE-L 196 GENESSEE (STRAT. PL.) (CCP#6-FEB. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 123 RESULTS OF NEGOTIATIONS - 2538 DELAWARE AVENUE (ITEM NO. 15, C. C.P., JUNE 12, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation Mrs. Grant moved: That the offer from Mr. Andrew D. Blinkoff, Attorney at Law for Plaza One Group Inc., 2558 Delaware Avenue, in the sum of One Hundred and Sixty Dollars ($160.00) for the sale of 2538 Delaware Avenue, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser-, and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -13 NOES - 0 Page 55 01-0626.txt NO. 124 RESULTS OF NEGOTIATIONS - 566 & 568 WINSLOW AND 889 WOODLAWN (ITEM NO. 17, C. C.P., JUNE 12, 200 1) That the offer from Rasheed Wyatt, Trustee Chairman for True Bethel Baptist Church, 907 E. Ferry Street, in the sum of Four Thousand and Five Hundred Dollars ($4,500.00) for the sale of 566 and 568 Winslow and 889 Woodlawn Avenue, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -13 NOES - 0 NO. 125 ABATEMENT OF UNCOLLECTIBLE ACCOUNTS RECEIVABLE (ITEM NO. 3 2, C. C.P., MAY 29, 200 1) That the Comptroller be, and he hereby is authorized to abate the accounts as attached to the above communication totaling $117,904.63 for miscellaneous accounts receivable. PASSED AYES -13 NOES - 0 NO. 126 S. GODZISZ - REQ. PERMISSION TO PURCHASE 281 PADEREWSKI STREET (STRAT. PL.) (ITEM NO. 87, C. C.P., MAY 29, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. LoTempio moved: That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 127 PURCHASE 281 PADEREWSKI STREET (ITEM NO. 10, C. C.P., JUNE 12, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant moved: That the Director of Real Estate is authorized to sell 281 paderewski Street to Stephen Godaise in the amount of $500.00 PASSED AYES -13 NOES - 0 NO. 128 S. GODZISZ - PURCHASE 281 PADEREWSKI STREET (STRAT. PL.) (ITEM NO. 18, C. C.P., JUNE 12, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant moved: That the above mentioned item be and the same is hereby received and filed. ADOPTED Page 56 01-0626.txt NO. 129 V. JACKSON-PURCHASE PARCELS OF LAND 25 AND 27 WASMUTH ST. (CCP#96-MAY 29, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 130 EAST SIDE TRANSFER STATION (CC) (ITEM NO. 62, C. C.P., JUNE 12, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant Moved: That the Common Council does hereby approve the Intermunicipal Cooperative Agreement with the County of Erie for the operation of the East Side Transfer Station-, and That the Mayor be, and he hereby is authorized to enter into such agreement with the County of Erie. PASSED AYES -13 NOES - 0 NO. 131 EAST SIDE TRANSFER STATION - OPERATIONS PLAN PROPOSAL (CP) (ITEM NO. 3 3, C. C.P., JUNE 12, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant moved: That the above item be, and the same hereby is received and filed. ADOPTED Legislation (Richard A. Fontana, Chairman) No. 132 Ordinance Amendment-Chapter 511 Zoning (CCI`401-6/12/0 1) That the above item is returned without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On motion by Mrs. LoTempio, seconded by Ms. Williams the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances- C. Bonifacio Mrs. LoTempio now moved that the hearing be closed. Seconded by Ms. Grant CARRIED. Ordinance Amendment - Chapter 511 - Zoning (Use Permit Req.) (Item No. 209, C. C.P., June 12, 200 1) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana Moved: That after a public hearing on June 26, 2001, the Ordinance Amendment as contained in Item No. 209, C.C.P., June 12, 2001, be and the same hereby is approved. Passed. AYES - 13 - NOES - 0 No. 133 Ord. Amendment-Chapter 309-Parks & Other Open Spaces (Hrg. 6/26) (CCP#211-6/12/0 1) That the above item be and the same is returned to the Common Page 57 01-0626.txt Council without recommendation. RECOMMENDED BY THE SPECIAL COMMITTEE ON LEGISLATION. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mrs. Williams, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances -Councilmembers Coppola & Martino Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Coppola. CARRIED. Ordinance Amendment - Chapter 309 - Parks and Other Open Spaces (Item No. 211, C. C.P., June 12, 200 1) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs. LoTempio Moved: That after a public hearing on June 21, 2001, the Ordinance Amendment as contained in Item No. 211, C. C.P., June 12, 200 1, be and the same hereby is approved. Passed. AYES - 13 - NOES - 0 No. 134 Ordinance Amendment-Chapter 511 Zoning (CCP#)116/12/01) That the above item is returned without recommendation. A public hearing has been set.. before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On motion by Mrs. LoTempio, seconded by Ms. Williams the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances- Mr. Fontana Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Bonifacio VNCARRIED. Ordinance Amendment Chapter 511 - Zoning That the Common Council of the City of Buffalo does hereby ordain as follows: That Section 511-125 of Chapter 511 of the Code of the City of Buffalo be amended to read as follows: 511-125. Powers and duties of Board. A. Special exceptions. The Board of Appeals shall have the power to hear and decide, in accordance with the provisions of this chapter, all applications filed as hereinbefore specified for special exceptions upon which the Board is authorized to pass. The Board shall have the authority to pen-nit the following: (13) Signs: Exceptions to area and height restrictions as permitted in the zoning regulations, subject to any conditions imposed by the City Planning Board. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM NOTE: Matter underlined is new. Ordinance Amendment - Chapter 511 - Zoning (Item No. 217, C. C.P., June 12, 200 1) That the above item be, and the same hereby is, returned to the Common Council without recommendation Mrs. LoTempio Moved: Page 58 01-0626.txt That after a public hearing on June 26, 200 1, the Ordinance Amendment as contained in Item No. 217, C.C.P., June 12, 2001, be and the same hereby is approved. Passed. AYES - 13 - NOES - 0 No. 135 Jacqueline Wopperer, Petition to Use 1032 Niagara Street - Erect a Free Standing Tower (Item No. 97, C.C.P., June 12, 200 1) That after the public hearing before the Committee on Legislation on June 19, 200 1, the petition of Jacqueline Wopperer, owner, for permission to use 1032 Niagara Street to erect a freestanding tower at a height not to exceed seventy feet (70') be, and hereby is approved. Passed. AYES - 13 - NOES - 0 No. 136 V. Mundy, Petition to Use 494 Franklin Street a/k/a 69 Allen Street - Take-Out Restaurant (Item No. 99, C. C. P., June 12, 200 1) That after the public hearing before the Committee on Legislation on June 19, 2001, the petition of V. Mundy, owner, for permission to use 494 Franklin Street a/k/a 69 Allen Street for a take-out restaurant be, and hereby is approved. Passed. AYES - 13 - NOES - 0 No. 137 L. Rung, Petition to Use 494 Franklin Street a/k/a 59 Allen Street - Sidewalk Cafe (Item No. 100, C. C. P., June 12, 200 1) That after the public hearing before the Committee on Legislation on June 19, 2001, the petition of L. Rung, agent, for permission to use 494 Franklin Street a/k/a 59 Allen Street for a sidewalk cafi6 be, and hereby is approved subject to the approval by the Buffalo Preservation Board. Passed. AYES - 13 - NOES - 0 No. 138 C. McCaffrey, Petition to Use 3105 Main Street - Illuminated Ground Sign (Item No. 101, C.C.P., June 12, 2001) That after the public hearing before the Committee on Legislation on June 19, 2001, the petition of C. McCaffrey, agent, for permission to use 3105 Main Street for an illuminated ground sign be, and hereby is approved. Passed. AYES - 13 - NOES - 0 No. 139 C. Giovino, Petition to Use 1463 Hertel - Outdoor Patio (Item No. 102, C. C.P., June 12, 200 1) That after the public hearing before the Committee on Legislation on June 19, 200 1, the petition of C. Giovino, agent, for permission to use 1463 Hertel Avenue for an outdoor patio be, and hereby is approved with conditions as set by City Planning Board. Passed. AYES - 13 - NOES - 0 No. 140 Page 59 01-0626.txt Y. Ali, Petition to Use 3223 Bailey Avenue - Garage/Used Car Sales (Item No. 108, C.C.P., May 29, 200 1) That after the public hearing before the Committee on Legislation on June 5, 2001, the petition of Y. Ali, agent, for permission to use 3223 Bailey Avenue for a garage/used car sales be, and hereby is approved with the following conditions: 1. That the cars for sale will be displayed in the front; and the cars for repair in the back of the building. 2. That the cars are not to be stored for parts. Passed. AYES - 13 - NOES - 0 No. 141 I. Murray, Petition to use 923 Sycamore - Human Services Facility (Item No. 106, C. C.P., May 29, 200 1) (Item No. 147, C. C.P., June 12, 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. 142 C. McCaffrey, Agent, Use 63 W. Chippewa for Ilium. Pole Sign (Hrg. 5/8) (CCP#107-May 1, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 143 R. Harper-Oak-Elm Arterial-Concerns With Wall Unit-Great Wall Media (CCP#91-June 12, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 144 Parks within the City that Contain Vehicular Traffic within their Boundaries (Item No. 147, C.C.P., May 15, 200 1) (Item No. 154, C. C.P., June 12, 200 1) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs. LoTempio Moved: That this Common Council of the City of Buffalo requests that the Corporation Counsel prepare an amendment to the Buffalo Code Chapter 309 that will implement restrictions for vehicular traffic within City's parks. Adopted. No. 145 Req. Ord. Amnd.-Safegrd. Pub. Hlth/Safety-Remote Ind. Plants (Exc. Fin. Res) (CCP#263-June 13, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 146 D, Caldarelli-Req. Ord. Amend.-Pub. Health/Safety-Remote Ind. (CCP#81-May 1, 01) That the above item be and the same hereby is received and filed. ADOPTED Page 60 01-0626.txt No. 147 Pub. Hrg.-Prop. Street Closings (Chippewa St.) (Hrg. 6/14) (CCP#231 -June 12, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 148 Secondhand Dealer - 694 Genesee Street (Item No. 66, C. C.P., Apr. 17, 200 1) (Item No. 127, C. C.P., May 15, 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. 149 Secondhand Dealer - 2116 Seneca Street (Item No. 67, C. C.P., May 29, 200 1) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Secondhand Dealer license to David Zuppa, d/b/a Seneca Furniture located at 2116 Seneca Street. Passed. AYES - 13 - NOES - 0 No. 150 Secondhand Dealer - 2071 South Park Avenue (Item No. 64, C. C.P., June 12, 200 1) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Secondhand Dealer license to Michele Vicario, d/b/a South Park Appliance located at 2071 South Park Avenue. Passed. AYES - 13 - NOES - 0 No. 151 Used Car Dealer - 1291 Broadway (Item No. 64, C. C.P., Mar. 20, 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. 152 Used Car Dealer - 181 Delaware Avenue (Item No. 56, C. C.P., May 15, 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. 153 Used Car Dealer - 1073 Niagara Street (Item No. 65, C. C.P., June 12, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio 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 Sharon Salamone d/b/a Niagara-Fargo Page 61 01-0626.txt Service, Inc., located at 1073 Niagara Street. Passed. AYES - 13 - NOES - 0 No. 154 Sidewalk Cafe - 830 Abbott Road (Item No. 58, C.C.P., May 29, 2001) (Item No. 164, C.C.P., June 12, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. LoTempio Moved That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Mark Campanella and Sean Doctor, owners of the Just Pizza Bar & Grille, located at 830 Abbott Road, to install a sidewalk cafe, which would encroach city right-of-way at said address, subject to the following conditions: 1. That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the sidewalk cafe does not exceed fifty feet (50') or extend more than seven feet (7') from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right-of-way from November 15 to April I each year. 6. That the applicant be assessed the annual fee of one dollar and thirty cents ($1.30) per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the Department of Public Works, Parks and Streets with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. 8. That there be no outside music on the sidewalk caf6. 9. That there be no outside trash receptacles on the sidewalk cafe. 10. That the closing of the sidewalk caf6 be no later than 11: 00 p.m., on 10:00 pm if deemed necessary 11. That all delivery vehicles, employees and patrons observe current parking regulations. 12. That this sidewalk caf6 permit be subject to review after one (1) year. 13. That any violating of these conditions will be reviewed by the City and may subject the mere license to revocation Passed. AYES - 13 - NOES - 0 No. 155 Sidewalk Cafe - 102 Theodore Street (Item No. 60, C.C.P., May 1, 200 1) That due to the impact on the neighboring residential properties, the request to install a sidewalk caf6 to Mr. Jimmie Hill, owner of Jimmies Bar & Grill, located at 102 Theodore Street be, and he hereby is denied. DENIED No. 156 Sidewalk Cafe - 1096-1098 Elmwood Avenue Page 62 01-0626.txt (Item No. 59, C.C.P., May 29, 200 1) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Mr. Tai Truong, owner of the Saigon Cafe, located at 1096-1098 Elmwood Avenue, to install a sidewalk cafe, which would encroach city fight-of-way at said address, subject to the following conditions: 1.That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 2.That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3.That the sidewalk cafe does not exceed eighteen feet (18') or extend more than eight feet (8') fi7om the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5.That the sidewalk cafe be completely removed from City fight-of-way from November 15 to April I each year. 6.That the applicant be assessed the annual fee of one dollar and thirty cents ($1.30) per square foot of City fight-of-way occupied by said sidewalk caf‚ as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7.That the applicant supply the Department of Public Works, Parks and Streets with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. 8.That there be no outside music on the sidewalk caf6. 9.That there be no outside trash receptacles on the sidewalk cafe. 10.That the closing of the sidewalk cafe be no later than 11:00 p.m. Passed. AYES - 13 - NOES - 0 No. 157 Handicapped Ramp - 1565-1567 Hertel Avenue (Item No. 57, C.C.P., May 29, 200 1) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Mike Miranda of Miranda Real Estate, acting as agent for the owner of the property located at 1565-1567 Hertel Avenue, to install a concrete handicapped ramp, which would encroach city right-of-way at said address, subject to the following conditions: I .That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 2.That the encroachments be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3.That the applicant be responsible for maintenance of said encroachments as long as they remain within City right-of-way. 4.That the applicant supply the Department of Public Works, Parks with a certificate of insurance in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said encroachments. Passed. AYES - 13 - NOES - 0 No. 158 J. Davis-McCarthy Park (CCP#86-May 29, 01) That the above item be and the same hereby is received and filed. ADOPTED Page 63 01-0626.txt No. 159 B. Grant-J. Davis-McCarthy Park-Kensington Little League (CCP#89-June 12, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 160 B. Grant-D. Moody-Various Properties in Need of Repair (CCP#92-May 29, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 161 R. Kwarciak-Concerns- 116 Fredro (CCP#97-May 29, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 162 Former School #62-376 Urban St. (CCP#161-Apr. 3, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 163 Former School #62-(376 Urban St.) (Fire) CCP#60-AApr. 17, 01) That the above item be and the same her is received and filed. ADOPTED Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 164 PLAN. -FORMER SCHOOL #62-376 URBAN ST. (STRAT. PL.) (CCP#17-MAY 1, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 165 BRUCE WILLIAMS-NHS BROADWAY-FILLMORE-FRM. SCH. #62-376 URBAN ST. (CCP#104-APR. 17, 01) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 166 VOTER ELECTION REFORM (CCP #164 05/15) (CCP#140-MAY 29, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 167 NOTIF SERIALS #9287-9292 (PW) (CCP#40-JUNE 12, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 168 B. GRANT-CONCERNS-K. HOBBS, R. TAYLOR, KEN-BAILEY COMM. CTR. (CCP#88-JUNE 12, 01) Page 64 01-0626.txt That the above item be and the same hereby is received and filed. ADOPTED NO. 169 M. MARTINO-H. TRIZANY & O-REQ. REDUCTION-WEIGHT LIMIT-MESMERE AVE. (CCP#106-JUNE 12, 01) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 170 INTERNET ACCESS TO OFFICE OF CITIZENS SERVICES (CCP#218-JUNE 12, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 171 PERMISSION TO HANG BANNER ON WASHINGTON STREET (ITEM NO. 23 8, C.C.P., JUNE 12, 200 1) That this Common Council grants permission to Buffalo Place, Inc. to hang a banner across Washington Street until said building construction at 639 Main Street is completed provided the banner meets all requirements of all pertinent City Departments and violates no existing laws or ordinances. PASSED AYES -13 NOES - 0 NO. 172 C. SHUELLER-BUCHANAN INGERSOLL-PROP. RES.-AUTO TELLER MACH.-FLEET BK (497, 5/15) (CCP#166-JUNE 12, 01) That the above item be and the same hereby is received and filed. ADOPTED COMMUNITY DEVELOPMENT (BEVERLY A. GRAY, CHAIRPERSON) NO. 173 ACQUISITION OF 493 AND 503 SENECA - SOUTH ELLICOTT URBAN RENEWAL PLAN PHASE H (ITEM NO. 9, C. C.P., APR. 17, 200 1) (ITEM NO. 158, C.C.P., MAY 1, 2001) (ITEM NO. 13 8, C. C.P, MAY 15, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Gray moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 174 TRANSFER OF TITLE, URBAN HOMESTEAD - 1883 BAILEY AVENUE (ITEM NO. 20, C. C.P., JUNE 12, 200 1) That the city-owned property commonly known as 1883 Bailey Avenue, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Stephen P. and Mrs. Angela J. Moscovic, residing at 1887 Bailey Avenue, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -13 NOES - 0 Page 65 01-0626.txt NO. 175 TRANSFER OF TITLE, URBAN HOMESTEAD - 141 BAITZ STREET (ITEM NO. 18, C.C.P., MAY 15, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Gray moved: That the city-owned property commonly known as a portion of 141 Bailz Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Gerald 1. Kokota ' jlo and Mrs. Donna M. Kokotajlo, residing at 139 Baitz Street, for the amount of One Dollar ($ 1. 00) and no more, 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 -13 NOES - 0 NO. 176 TRANSFER OF TITLE, URBAN HOMESTEAD - 329 BOX AVENUE (ITEM NO. 29, C. C.P., MAY 29, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Gray moved: That the city-owned property commonly known as 329 Box Avenue, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. I P. Hawkins, residing at 325 Box 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 mariner. PASSED AYES -13 NOES - 0 NO. 177 TRANSFER OF TITLE, URBAN HOMESTEAD - 615 CLINTON AVENUE (ITEM NO. 13, C. C.P., APR. 3, 200 1) That the city-owned property commonly known as 615 Clinton Avenue, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Ms. Ann Johnson, residing at 617 Clinton Avenue, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -13 NOES - 0 NO. 178 TRANSFER OF TITLE, URBAN HOMESTEAD - 111 GUILFORD STREET (ITEM NO. 2 1, C. C.P., JUNE 12, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Gray moved: That the city-owned property commonly known as I I I Guilford Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mrs. Lillian Livingston, residing at 115 Guilford Street, for the amount of One Dollar ($ 1. 00) and no more, 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 Page 66 01-0626.txt AYES -13 NOES - 0 NO. 179 TRANSFER OF TITLE, URBAN HOMESTEAD - 233 HOWARD STREET (ITEM NO. 22, C. C.P., JUNE 12, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Gray moved: That the city-owned property commonly known as 233 Howard 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. Brenda D. Jones, residing at 237 Howard Street, for the amount of One Dollar ($ 1. 00) and no more, 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 -13 NOES - 0 NO. 180 TRANSFER OF TITLE, URBAN HOMESTEAD - 38 IVY STREET (ITEM NO. 23, C. C.P., JUNE 12, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Gray moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 181 TRANSFER OF TITLE, URBAN HOMESTEAD - 64 RUHLAND STREET (ITEM NO. 24, C. C.P., JUNE 12, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Gray moved: That the city-owned property commonly known as 64 Ruhland 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. Dorothy M. Bobb and Ms. Melinda Hayes, residing at 66 Ruhland Street, for the amount of One Dollar ($ 1. 00) and no more, 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 -13 NOES - 0 NO. 182 TRANSFER OF TITLE, URBAN HOMESTEAD - 711 SYCAMORE STREET (ITEM NO. 20, C. C.P., MAY 15, 200 1) That the city-owned property commonly known as 711 Sycamore 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. Robert Alexander, residing at 709 Sycamore Street, for the amount of One Dollar ($ 1. 00) and no more, 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 -13 NOES - 0 NO. 183 TRANSFER OF TITLE, URBAN HOMESTEAD - 907 SYCAMORE STREET Page 67 01-0626.txt (ITEM NO. 25, C.C.P., JUNE 12, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Gray moved: That the city-owned property commonly known as 907 Sycamore 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. Edward Tolbert, residing at 905 Sycamore Street, for the amount of One Dollar ($ 1. 00) and no more, 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 -13 NOES - 0 NO. 184 TRANSFER OF TITLE, URBAN HOMESTEAD - 25 AND 27 WASMUTH STREET (ITEM NO. 27, C. C.P., JUNE 12, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Gray moved: That the city-owned properties commonly known as 25 and 27 Wasmuth Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said properties to Ms. Vivian Jackson, residing at 24 Barthel Street, for the amount of One Dollar ($1.00) and no more, 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 -13 NOES - 0 NO. 185 FORMATION-ENV. REV. TASK FORCE (CCP#192-APR. 17, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 186 FORMATION-ENV. REV. TASK FORCE (STRAT. PL.) (CCP# 11 -MAY 15, 0 1) That the above item be and the same hereby is received and filed. ADOPTED SPECIAL COMMITTEES POLICE REORGANIZATION & OVERSIGHT COMMITTEE (DOMINIC J. BONIFACIO, JR, CHAIRMAN) NO. 187 UNDERSTANDING OF LAW ENF, OFFICERS-MASTEN DIST (9 194, 1/23) (CCP#179-MAR. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 188 UNDERSTANDING OF LAW ENF OFFICERS-MASTEN DIST (POL.) (#43, 2/6) (CCP#180-MAR. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 189 R. LOTEMPIO-RPT. -CRITICAL NEEDS FOR POLICE DEPT.-2001 (CCP#93-MAY 15, 01) Page 68 01-0626.txt That the above item be and the same hereby is received and filed. ADOPTED BI-NATIONAL BRIDGE TASK FORCE (JAMES W. PIFTS, CHAIRMAN) NO. 190 US COAST GUARD-PROP. NEW BRIDGE ADJ. TO PEACE BRIDGE (CCP#91 -MAR. 17, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 191 L. SCHNEEKLOTH-PEACE BRIDGE EXPANSION (CCP#86-MAY 12, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 192 US ARMY CORPS OF ENGR. - CONST. OF PEACE BRIDGE (CCP#79-DEC. 15, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 193 J BELT-ENERGIZE BUFFALO-COMMENTS-PEACE BRIDGE PROJECT (CCP#63-FEB. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 194 DENIAL OF CONST. PERMIT-TWIN SPAN PEACE BRIDGE EIS ST. (PW) (CCP# 31 -APR. 6, 0 1) That the above item be and the same hereby is received and filed. ADOPTED NO. 195 M. KIRSCH-INT. UNION OF OP. ENGRS.-TWIN SPAN DELAYS (CCP#85-APR. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 196 NEW MILLENNIUM GRP. OF WNY-OPPOSE TWIN SPAN-PEACE BRIDGE (CCP#82-OCT. 5, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 197 E. ROWE, PEACE BRDG AUTH.-CNDIAN. FIRM APPT.-BRDG REV. PANEL (CCP#66-NOV. 16, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 198 SUPPORT SIGNATURE BRIDGE (CCP#78-MAR- 21, 01) That the above item be and the same hereby is received and filed. ADOPTED Page 69 01-0626.txt NO. 199 W. S. BUS. TXPYRS, ASSN.-REQ. PART. IN PUB. INV. PLAN-PEACE BRIDGE (CP) (CCP#39-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 200 A. FRYER-PART. -PEACE BRIDGE EXP. PROJ . (CCP#93-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS By: Mr, Bonifacio No. 201 Re: Waive Ban d Shelter Fees for 7h Annual Loughran's Alumni Cup 5 K Run Whereas: The 7th Annual Loughran's Alumni Cup 5K Run and Wellness Walk will be held on July 10, 2001 - and Whereas-, This event will help benefit the Children's Hospital Lung Unit; and Whereas: The City of Buffalo's Band Shelter has been requested for use al this event; and Whereas: The City of Buffalo has honored this request in years past, and Now, Therefore, Be It Resolved: That the Common Council authorize the City of Buffalo to grant permission for the use of its Band Shelter for the 7th Annual Loughran's Alumni Cup 5K Run and Wellness Walk, and Be It Further Resolved: That the Common Council authorize the City of Buffalo to waive all fees associated with the use of the City Band Shelter for this event. PASSED AYES - 13 - NOES - 0 By: Mr. Coppola & all Councilmembers No. 202 SUBJECT: Mandatory Water Meter Installation Whereas: In an agreement made in 1992, New York State made it mandatory for the City of Buffalo to install water meters in all homes they service in order to be recognized as an Authority; and Whereas: The installation of water meters is beneficial to the environment because it aids in conservation, and it also benefits a majority of customers as opposed to the flat fee they pay now; and Whereas: The mandate of the water meter installation program has cause undo hardship on some water customers in the City of Buffalo because Buffalo's housing stock and infrastructure are very old and therefore water lines are in bad condition or corroded; and Whereas: When the Water Department schedules a meter installation at a customer's home, the installer decides whether it is safe to install the meter without doing any damage to the pipes based on the condition of the pipes; and Whereas: The homeowner has no choice other than to repair the fragile line at their own expense, and in many cases the out of pocket cost is in the thousands of dollars creating another hardship even if they can afford to fix the problem at all; and Whereas: The City of Buffalo doesn't have the financial resources to give assistance to those customers who are in need of waterline repair-, and Now, Therefore, Be It Resolved: The Common Council of the City of Buffalo respectfully request that Page 70 01-0626.txt the Governor and State Legislature devise a plan that will assist customers when such repairs are needed when installing a water meter at their private residence; and Be it further resolved: Certified copies of this resolution be sent to Governor George Pataki and the Western Delegation of the New York State Assembly and Senate. ADOPTED BY: MR. FONTANA & MS. ELLINGTON NO. 203 [FAY STREET BLOCK CLUB] Whereas: The residents of Fay Street have been working together to confront issues in their community; and Whereas: The Fay Street Block Club would like to host a block club meeting/party; and Whereas: The Fay Street Block Club is requesting to have a street closing permit for such times of the meeting starting at 12:OOPM through 8:00PM, on June 30, 2001; and Therefore Be It Resolved: The Common Council waive all permit fees associated with the street closing. PASSED AYES - 13 - NOES - 0 BY: MR. FONTANA & MS. GRAY No. 204 Memorialize New York State to Further Support Power for Jobs Program Whereas: The "Power for Jobs" program provides low cost electric rates to private-sector industries that create and protect jobs in Western New York; and Whereas: During the first three years of this highly successful program, 268,000 jobs were protected and 12,000 new jobs were created according to Governor George Pataki; and Whereas: C.D. "Rapp" Rappleyea, Chairman and CEO of the New York Power Authority said, "Power for Jobs has demonstrated its ability to create and preserve jobs, with nearly 650 employers now involved"; and Whereas: However, many small and medium sized companies have been unable to take advantage of this program because their utility needs fall below the minimum requirements for power usage; and Whereas: Buffalo and Western New York are home to legions of these businesses; many of which are finding it extremely difficult to compete with bigger companies and other states that offer lower labor and utility costs in efforts to lure employers out of Buffalo and Western New York; and Whereas: As part of the Power for Jobs program, a block of "Expansion Power" is being made available to businesses located within 30 miles of the "Niagara Falls hydroelectric generating station; Now, Therefore, Be It Resolved: That the Buffalo Common Council supports the continuation and expansion of the "Power for Jobs" program for all companies in the City of Buffalo and Western New York, which provide thousands of jobs and are often referred to as the backbone of the local economy; and Be it Further Resolved: That the New York Power Authority report back to this Council on the availability of this block of "Expansion Power" for small and medium sized companies located in Buffalo and Western New York; and Be it Further Resolved: That the Buffalo Common Council memorialize the New York State Legislature to introduce and enact legislation which would allow small and medium sized companies in Buffalo and Western New York to Page 71 01-0626.txt take advantage of the lower utility rates offered through the Power for Jobs program; and Be it Finally Resolved: That the City Clerk forward certified copies of this resolution to Governor George Pataki, to the leadership of both the New York State Senate and Assembly, as well as the Western New York delegation of the New York State Senate and Assembly and to representatives of the New York Power Authority. ADOPTED BY: MR. FONTANA AND MR. PITTS No. 205 SUBJECT: Designate 424 Main Street as "Liberty Building" Whereas: The owners of the Liberty Building have requested that the Liberty Building's primary address be changed from 424 Main Street to "Liberty Building" and thereafter designate "424 Main Street" as the Liberty Building's secondary address; and Whereas: A letter from Patrick Hotung, General Manager, Main Place Liberty Group, stated that Liberty Building tenants have been experiencing problems with the delivery of their mail; and Whereas: The Common Council previously approved a request from Main Place Liberty Group on June 12, 2001, C.C.P. 181, asking that the designation of the prestigious "Liberty Building" be approved as the primary address in order to help with the buildings mail deliveries; and Whereas: In a letter to the Common Council, Victor Laudisio from the United States Postal Service says that they do not anticipate any problems and would not be opposed to any Council resolution to recognize changing the primary address of the Liberty Building; Now, Therefore, Be It Resolved: That after a public hearing on July 10, 2001, the Common Council of the City of Buffalo does hereby designate "Liberty Building" as the primary address and "424 Main Street" as an alternate address for the property located at 424 Main; and Be it Further Resolved: That the City Clerk be directed to send certified copies of this resolution to Patrick Hotung, General Manager, of the Main Place Liberty Group and Donald Gross, Buffalo Postmaster of the United States Postal Service. REFERRED TO THE COMMITTEE ON LEGISLATION BY: MR. FONTANA, MS. MARTINO, MR. PITTS, MR. FISHER No.206 (Old Bailey Woods) Whereas: The City of Buffalo Common Council recently approved the Court settlement of a suit brought by the Friends of the Buffalo River, Inc. against the City of Buffalo that allows the City to gain a 3.1 acre park at 616 Old Bailey Avenue, and Iron Mountain Records Management, Inc. to expand its business by the construction of a 75,000 square foot warehouse that will add some 20 jobs to the Buffalo economy; and Whereas: The settlement will assure the preservation of the unique Buffalo River flood plain forest, and facilitate the establishment of a 100 foot setback for environmental protection and a riverwalk; and Whereas: Iron Mountain Records Management Inc.'s good faith negotiations with the Friends of the Buffalo River have demonstrated that the environment and the economy can both be served by good faith efforts and planning; and Whereas: The Friends of the Buffalo Niagara Rivers (newly renamed) have proposed that 614 Old Bailey Avenue be named "Old Bailey Woods" for its unique character on the Buffalo River, and at a location that before 1915 was the proposed route to the crossing on the Buffalo River before the river was reconfigured; and Whereas: The Friends of the Buffalo Niagara Rivers with to respect Page 72 01-0626.txt the request of Iron Mountain Records Management, Inc. to honor one of its corporate officers recently deceased who was a negotiator in this process; and Whereas: The Friends of the Buffalo Niagara Rivers wish to propose that the waterfront trail on the south bank of the Buffalo River from Bailey Avenue to the trail's eventual terminus at or near Lake Erie be named the James D. Johnson Riverwalk in recognition of Iron Mountain Records Management, Inc.'s partnership in saving the riverfront and woods as a preserve for public use; and Whereas: The Friends of the Buffalo Niagara Rivers have set aside Saturday, July 21" as Pan Am day on the Buffalo River to include a clean up of Old Bailey Woods, a children's fishing contest, a ceremony to name the park, a fundraising picnic, walks to Seneca Bluffs and Cazenovia Parks for greenway trails/riverwalk planning, and a canoe / kayak regatta; and Whereas: The City Clerk is directed to advertise and publish an ad for a public hearing FOR JULY 10, 2001 AT 2:00 PM in the Council Chambers Therefore Be It Resolved: The Common Council agree to name 614 Old Bailey Avenue as "Old Bailey Woods: and conduct a hearing to bear any support or opposition to such naming; and Therefore Be It Further Resolved: That Common Council agree to name the waterfront trail on the south bank of the Buffalo River from Bailey Avenue to the trail's eventual terminus at or near Lake Erie the 11 James D. Johnson Riverwalk" in recognition for the positive corporate effort Iron Mountain Records Management, Inc. has made to save the unique Buffalo River wetland forest; and Therefore Be It Finally Resolved: that Saturday, July 21"t be designated Pan Am Day on the Buffalo River, and that at I PM the City will join hands with the community in a public ceremony at 614 Old Bailey Avenue (next to Iron Mountain Records Management, Inc. 100 Bailey Avenue) to name the park and the waterfront trail. REFERRED TO THE COMITTEEE ON LEGISLATI0N, COMMISSIONER OF PUBLIC WORKS CONUSEL, COMMISIONER OF POLICE AND COMMISSIONER OF FIRE By: Mrs. Grant NO. 207 Capital Budget Amendment Addition to Capital Program 2001 That pursuant to 20-28 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the Capital Program for the fiscal year 2001 be and the same is hereby amended by adding the following item under the heading: Citywide Tree Trimming & Removal 100,000 Delavan-Moselle Center Expansion 250,000 Dulski Center/Lincoln Fieldhouse Renovations 200,000 Edward Saunders Unity Building Expansion 400,000 Gold Coast Market Place Jefferson/Ferry 1,000,000 Handicapped Intersection Ramps Construction (ADA) 100,000 Inner/Outer Harbor Link Bridge 7,575,000 Intermodal Transportation Center 8,000,000 Jefferson Renaissance Business Project 1,900,000 Joint School Construction Board-Site Acquisition/Remediation 750,000 Manhattan Park/Playground Improvements 125,000 New Fillmore District Community Center (Study/Design) 250,000 Repaving of Poultney Street 50,000 South Buffalo Park Improvements 200,000 Streets, Sidewalks & Curbs-Ellicott District 300,000 Surveillance Cameras Installation-South District 15,000 Page 73 01-0626.txt Tift Farm Nature Preserve Improvements 35,000 Waterfront Redevelopment (AUD) 1,500,000 Total 25,000,000 Fed./State Reimbursement 14,640,00 Net City Debt 10,359,500 PASSED AYES - 13 - NOES - 0 Mrs. Grant Mr. Thompson NO. 208 SUBJECT: Waive Fee associated with the use of Martin Luther King Park. WHEREAS: The Malone and Graves Family Reunion will take place at Martin Luther King Park on Wednesday, July 4, 2001 from 9:00 am until 5:00 pm; and WHEREAS: A request is made to waive fee associated with the use of Martin Luther King Park facilities. NOW, THEREFORE, BE IT RESOLVED THAT: The Common Council hereby approves the request to permit The Malone and Graves family to have use of Martin Luther King park to host their family reunion and have the fee waived. BE IT FINALLY RESOLVED THAT: That copies of this Resolution be forwarded to Bureau of Fire Prevention, and Parks Department of Public Works. APPROVED- PASSED AYES -13 NOES - 0 By: Mrs. LoTempio NO. 209 SUBJECT: Fleet Buffalo ATM Locations WHEREAS, Fleet National Bank operates Automated Teller Machines (ATMs) at 420 Main Street and 10 Fountain Plaza, Buffalo, New York ("Fleet Buffalo ATM Locations"); and WHEREAS, Section 75-c(3)(a) of the New York Banking Law requires that the Fleet Buffalo ATM Locations contain entry doors with locking devices which permit entry to such facilities to persons using a magnetic-strip plastic card or similar access device; and WHEREAS, There are no entry doors with access devices which permit entry to the Fleet Bank ATM Locations; and WHEREAS, At the Fleet Buffalo ATM Locations, there are security guards which control or monitor access to the ATM machines and the presence of these guards constitute safety measures which are substantially as safe ad the safety requirements set forth in Section 75-c(3)(a) of the New York Banking Law; and WHEREAS, It is impractical to require entry doors with access devices which permit entry to the Fleet Buffalo ATM Locations; NOW THEREFORE BE IT RESOLVED: That the Common Council of the City of Buffalo consents to any future variance or exemption granted by the Superintendent of Banking for the State of New York or any other government agency, court or legislative body with jurisdiction to issue a variance or exemption which would grant Fleet a variance or exemption to the requirements of Section 75-c(3)(a) of the New York Banking Law with respect to entry doors and access devices. AND BE IT FURTHER RESOLVED: That the City of Buffalo accepts no liability for any claim which may arise from the exercise of this consent. PASSED AYES -13 NOES - 0 Page 74 01-0626.txt By: Mrs. Rosemarie LoTempio NO. 210 Re: Abandonment of North Oak Street Between Carlton and High Streets - Item # 124, CCP 5115101 Whereas: The Buffalo Common Council unanimously approved Item #124,CCP, May 15, 2001 "Closing & Abandonment Portion of North Oak Street - Roswell Site Renovations" on May 15, 2001; and Whereas: It now has come to the attention of the Common Council, that several important issues have not been addressed in this abandonment; and Whereas: The Buffalo Common Council needs final resolution to these concerns prior to the final closing and abandonment of the street from the City of Buffalo to the Dormitory Authority of the State of New York; and Whereas: Specifically, the following items need to be addressed and resolved by the Roswell Park Cancer Institute: An easement or similar binding legal agreement with the Buffalo Medical Group (BMG) and Hauptman-Woodard Medical Research Institute (HWI) that satisfies their individual and joint access and future development concerns. A letter of support for the abandonment/sale of all or a portion of the ROW in question from both HWI and BMG, as required by Article 21 of the City Charter. Filed the easements and letters of support with Public Works prior to Public Works initiating any transfer action; Now, Therefore, Be It Resolved That: This Common Council requests that no action be taken on the abandonment of North Oak Street between Carlton and High Streets until the above referenced requests has been addressed and resolved by Roswell Park Cancer Institute, and forwarded to this Common Council; and Be It Finally Resolved That: Copies of this resolution be delivered to the Department of Public Works, the NYS Dormitory Authority, the Roswell Park Cancer Institute, the Buffalo Medical Group and the Hauptman-Woodward Medical Research Institute. ADOPTED By: Mrs LoTempio NO. 211 Appointments: Senior Legislative Assistant II & Senior Legislative Assistants Whereas: I hereby appoint: Senior Legislative Assistant, II Marylou Hooper Senior Legislative Assistants: Jacqueline Rushton Mildred Castro Mark Jaskula Lisa Collin Now, Therefore, Be It Resolved: This action is necessary to conform with the 2001-2002 Salary Ordinance effective July 1, 2001. ADOPTED By Mrs. Martino Mr. Pitts Mrs. LoTempio NO. 212 SUBJECT: Union Ship Canal Buffer Whereas: The City of Buffalo has proposed to investigate the Union Ship Canal and 200 foot buffer in furtherance of its future use and development as parkland- and Whereas: Pursuant to the New York State Bond Act, the City agrees Page 75 01-0626.txt to upfront the costs of Investigating the 200 foot buffer and then is entitled to a 75% reimbursement; and Whereas: The Army Corps of Engineers has offered to pay 50% of costs incurred In analyzing the canal bulkhead and performing a structural analysis of the canal walls; and Whereas- The County is proposing to contribute $300,000.00 to pay the City's share of expenses pursuant to these two programs; and Whereas: In consideration of this funding, the County has requested that the City commit the property encompassing the canal and 200 foot buffer, be operated as recreational space, open to the public free of charge for a period of not less than thirty years; and Whereas: The County has also requested that the property not be transferred or leased without the County's approval. Now, Therefore, Be It Resolved- That the City is hereby authorized to enter into an agreement with the County directly or with Development Downtown, Inc., as in a pass through for this County funding. Any final negotiations shall be submitted to the Common Council for final approval. Be it Further Resolved: That the Mayor is hereby authorized to execute any and all agreements incorporating these requirements, as may be necessary to obtain said funding from the County. ADOPTED NO. 213 BY MS. MARTINO VEHICULAR TRAFFIC WEIGHT LIMITS Whereas:Two decades ago, commercial and bus traffic was temporarily routed to Mesmer Avenue while road repairs were done on Lakewood Avenue; and Whereas:Unfortunately, after the repairs, the route was not changed back to LakewoodAvenue, thus allowing Mesmer Avenue to continue to be a bus and truck route; and Whereas:Mesmer Avenue is a narrow residential street which allows on-street parking and the street is restricted to one-way traffic only; and Whereas:Due to the lack of reinforcement of the road to handle the weight of the commercial vehicles and trucks which regularly travel along Mesmer Avenue, thestreet is constantly breaking apart and the homes have suffered damage, including cracks, possibly due to the vibrations from the large vehicles; and Whereas:Mesmer Avenue is scheduled for re-paving later this year. This work will only be a temporary fix if the truck and bus traffic is not removed from the street; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo requests the Department of Public Works to install signs on Mesmer Avenue restricting vehicles in excess of five tons from using the street and re-routing the traffic to a more appropriate location; and Be It Further Resolved: That the Department of Public Works is hereby directed to install such signage AS SOON AS POSSIBLE to avoid a conflict with the planned re-paving; and Be It Finally Resolved: That the Department of Public Works file the expected timeline for the installation of the signage with this Honorable Body no later than 2:00 p.m., Thursday, July 5, 2001. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 214 BY: COUNCILMEMBER MARY MARTINO Page 76 01-0626.txt WAIVE FEES FOR CAZENOVIA PARK CASINO Whereas: Meals on Wheels will be holding its annual picnic on Wednesday, August 8, 2001 from 1:00 p.m. till 4:00 p.m. They are requesting the use of Cazenovia Casino form this function; and Whereas: Meals on Wheels is a non-profit agency that provides meals for seniors and disadvantaged individuals so that they can lead healthier, happier lives in theirown homes. The goal of Meals on Wheels is to improve the physical health and social well-being of their participants through a nutritious diet and contact of acaring volunteer; and Whereas:Meals on Wheels is requesting that the fees be waived for their annual picnic so hat more than 100 participants can enjoy this function; and Now, Therefore, Be It Resolved: That the City of Buffalo Common Council does hereby waive the rental fee for the Cazenovia Casino for Meals on Wheels annual picnic on August 8, 2001. PASSED AYES -13 NOES - 0 NO. 215 BY: MR. PITTS CITY OF BUFFALO LOCAL LAW NO. _ (2001) ITRODUCTORY NO. _8_(200 1) A LOCAL LAWamending Article Eighteen of the Charter of the City of Buffalo in relationto the Joint Schools Construction Board BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article Eighteen of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended to read as follows: 18-60. Powers and Duties of the JSC Board. (a) The primary function of the JSC board shall be to enforce and implement the agreement, "Resolution: Joint Schools Construction Board," passed by the Buffalo board of education and the city of Buffalo's common council and the provisions of other relevant agreements and resolutions executed or passed by the Buffalo board of education and the cIty of Buffalo's common council. (b) The JSC board shall utilize Buffalo board of education and city of Buffalo resources (i.e. staff, city's master plan, etc.) to the fullest extent possible to expedite the reconstruction of existing facilities pursuant to a plan and schedule established by the board of education and the construction of new facilities and to collaboratively seek funds, services and comprehensive development proposals from outside agencies, educational institutions, etc. (i) The JSC board shall have access to each municipal corporation's resources, including but not limited to the corporation counsel's office, professional and technical assistance by planning experts, engineers, architects and any other staff as may be necessary, and the use of each municipal corporation's premises, personnel, equipment and personal property. (c) The JSC board shall be responsible for scheduling the use of the new school facilities pursuant to the agreement entered into between the Buffalo board of education and the city of Buffalo. (d) The JSC board shall consistently manage and administer its power and duties in accordance with the agreement ("Resolution: Joint Schools Construction Board") entered into between the Buffalo board of education and the city of Buffalo, and with the following premise: that the primary purpose of the new facilities built by the JSC board will be education; however, these sites will also serve multiple purposes including but not limited to education, community based services and stand alone facilities. Page 77 01-0626.txt (e) The JSC board may enter into contracts on behalf of the Buffalo public schools and the city of Buffalo for the construction of the new educational facilities in accordance with applicable state and local law. The JSC board shall solicit proposals and bids and award contracts for the erection of the new facilities. Contractors and subcontractors awarded such contracts shall comply with the affirmative action or equal employment opportunity policies of the city of Buffalo and the Buffalo board of education in effect at the time of the award. f. The JSC board shall exercise such other and further powers and duties as may be conferred upon it by State law or by agreement of the board of education and the city of Buffalo. Section 2. This local law shall take effect immediately. APPROVED AS TO FORM Corporation Counsel NOTE: Matter underlined is now. LAID ON THE TABLE NO. 216 BY: MR. THOMPSON VOTER ELECTION REFORM Whereas: One of the most important rights of citizens of the United States is the right to vote. Since the signing of the Declaration of Independence to the ratification of the U.S. Constitution numerous conversations and controversies have centered around the right for citizens to vote; and Whereas: Propertied and wealthy men have tended to enjoy a bigger voice and role in electoral politics and voter participation, unfortunately, the working class, people of color, women and various ethnic and religious groups have experienced continuous challenges in participating in the U.S. democratic process; and Whereas: The 15 th and 19th Amendments to the United States Constitution increased participation for people of color and women in the electoral process. However, significant changes in American society did not take place until the passage of the Voting Rights Act of 1964; and Whereas: Since the passage of the Voting Rights of 1964 more women and people of color have been elected to public office. Unfortunately there are not any African-American governors or U.S. Senators currently in office. The 2000 U.S. Presidential Election represents one of the biggest tragedies to American democracy since Jim Crow (legalized segregation and discrimination in America). Many people in Africa n-America n, Latino and Jewish communities were denied the right to vote for various questionable purposes. There were many reports of voter intimidation by way of road blocks near voting sites, warrant checks at poll sites, and denying people their right to vote when they had a voters card; and Whereas: The aftermath of the 2000 U.S. Presidential Election could potentially happen in any city, county, or state in America. This potential undermines the democracy of the United States and the safety and security of the nation. It is in the best interest of democracy in New York State that we implement bi-partisan electoral reform; Now, Therefore, Be It Resolved: That this Common Council memorializes the New York State Legislature to adopt the following recommendations to preserve American Democracy and the rights of all citizens: Increase awareness about Absentee Ballot Voting Ensure that internet or electronic voting does not expand the Digital Divide (access between people and computers); and Be It Further Resolved: That copies of this resolution be sent to Speaker of the New York State Assembly, the majority leader of the New York State Senate, the Western New York State legislative delegation, New York State Board Page 78 01-0626.txt of Elections, The Erie County Legislature, The Buffalo chapter of the NAACP, the Erie County Chapter of the SCLC, The League of Women Voters of Western New York, and the Black Leadership Forum. ADOPTED NO. 217 BY: MR. THOMPSON WAIVER OF PERMIT FEES Whereas:The Masten Neighborhood Advisory Council in conjunction with the Masten District Council Office and various community agencies will sponsor a Non-Violence March on June 30th, 2001, starting at ;A*W, PM at Glenny Park and ending at Martin Luther King, Jr. Park; and Whereas:The Masten Neighborhood Advisory Council has been a pillar of the Buffalo Community; and Whereas:The Masten Neighborhood Advisory has taken as stand against the escalating violent crime that is currently plaguing the City of Buffalo; and Whereas:The Masten Neighborhood Advisory Council, has extended participation of the march to all people and organizations to address the issues of guns, drugs, and violent crimes; Now Therefore Be It Resolved: That all fees associated with this event are waived. PASSED AYES -13 NOES - 0 NO. 218 BY: MR. THOMPSON REQUEST FOR A PUBLIC HEARING ON PAY PHONES Whereas: The Masten District Council Office has received numerous complaints from residents regarding safety and security issues at pay phones in various neighborhoods; and Whereas: The Masten District Council Office has also received numerous complaints from business owners concerning the absence of pay phones in the district; and Whereas: There is a need to address the concerns of residents who have safety and security concerns and not to chase away businesses from the District; Now Therefore Be It Resolved: A Public Hearing be set on July 16, 2001 at 6:00 PM; and Be It Further Resolved: That all licensed payphone companies in operation in the City of Buffalo be sent a notice of the hearing. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 219 BY MR. THOMPSON: DISCHARGE FINANCE COMMITTEE "RES. NEG. - 1506 MICHIGAN (STRAT. PL)" (COM #17. C.C.P. MAY 15, 2001) Whereas: The above item is currently in the Finance Committee; and Whereas:It is no longer necessary for this item to be considered by that committee: Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Finance Committee from further consideration of the I , C.C.P. May 15, 200 1, "Res. Neg. -1506 Michigan (Strat. PL)" and said item is now before the Common Council for its consideration. PASSED AYES -13 NOES - 0 NO. 220 BY: MS. MILLER - WILLIAMS Page 79 01-0626.txt DISPLAY BANNER FOR CRUISIN' CHIPPEWA Whereas: The Chippewa Business & Property Owners Association, Inc. plan to hold the above event each Tuesday from June 26, 2001 through September 4, 200I; and Whereas: To promote this new event, the Chippewa Business & Property Owners Association, Inc. has requested permission to display a banner on Chippewa St. between Delaware Ave. and Franklin St.; and Whereas: The organizers would like to display the banners from June 26, 2001 though September 11, 2001 Now, Therefore, Be It Resolved: That this Common Council grants permission to the Chippewa Business & property Owners Association, Inc. to display the banner, pursuant to the conditions established by the Commissioner of Public Works, the Corporation Council and the Special Events Advisory Committee. PASSED AYES -13 NOES - 0 NO. 221 BY MRS. WILLIAMS SALARY ORDINANCE AMENDMENT. VARIOUS DEPARTMENTS The Common Council of the City of Buffalo does ordain as follows: That Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to Various Departments under the various subheadings relating to positions listed below is hereby as follows: This ordinance shall be effective July 1, 2001. It is hereby certified, pursuant to Section 3- f9 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Anthony M. Masiello, Mayor, Anthony R. Nanula, Comptroller, Eva M. Hassett, Commissioner of Administration and Finance, Michael B. Risman, Corporation Counsel,, Anthony Krayna, Acting Commissioner of Assessment, John J. Zebracki, Acting Commissioner of MIS, Rocco J. Diina, Commissioner of Police, Cornelius J. Keane, Commissioner of Fire, Kathleen O'Hara, Commissioner of Human Resources, Joseph N. Giambra, Commissioner of Public Works, Parks & Streets, Donald 0. Allen, Commissioner of Community Services, James W. Pitts, President of the Common Council, and James B. Milroy, Director of Budget, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, pursuant to Section 24 - 15 of the Charter of the City of Buffalo, hereby certify that the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. 06/04/01 Attachment PASSED AYES -13 NOES - 0 NO. 222 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 Mr. McConney By Councilmember Fisher, Pitts, Williams, Gray, Grant, Thompson, Ellington Grant, Michaux Felicitation for Pastor Mills By Councilmember Thompson Page 80 01-0626.txt Felicitation for The Stewart, English, and Mitchell Family By Councilmember Thompson Felicitation for World Refugee Day By Councilmember Pitts, Michaux III, Thompson Felicitation for Catherine Benjamin By Councilmember All Councilmembers ADOPTED. NO. 223 BY: MRS. WILLIAMS APPOINTMENTS COMMIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed - as commissioner of Deeds for the term ending December 31, 2002, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City BARBARA PRISCILLA CARTER DAVID ROSEN-BRAND WAYNE D. SMITH MARVIN HOLMES MARY K. BARROWS ADOPTED NO. 224 BY: BARBARA A. WILLIAMS APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2002 conditional upon the person so appointed-certifying under oath to their qualifications and filing same 'with the City Clerk. ELIZABETH REINAGEL GEORGE M. NARBY BRENDA O'DONNELL. AARON ARMSTRONG SCOTT GEHL. CHRISTINE E. DODDS ADOPTED. NO. 225 BY: COUNCILMEMBER BARBARA MILLER-WILLIAMS, MR. WAIVE Coppola and Mrs. Gray CHANGE OF USE FEES Whereas: The mudpies children's museum boasts a substantial collection of artifacts and objects which are used to convey concepts and encourage the development of critical thinking skills to the youth of the City of Buffalo; and Whereas: Over 17,000 children have enjoyed the mudpies learning experience this year through a traveling " museum without walls" exhibit; and Whereas: In order to provide a permanent venue for its exhibits, the mudpies children's museum has secured a site at 181 and 189 Elm Street. This permanent site, with its 17,000 square feet of exhibit space, will allow the museum to offer permanent displays and the potential of attracting up to 100,000 visitors annually; and Whereas: The mudpies children's museum is an essential and valuable asset to the Western New York Community; and Whereas: Conversion of the former warehouse at 181 and 189 Elm Street into a children's museum, is a monumental task that requires various change of use approvals by the City of Buffalo; Now, Therefore Be It Resolved: That this Common Council waives all change of use and permit fees Page 81 01-0626.txt associated with converting 181 and 189 Elm Street from warehouse space to the mudpies children's museum. PASSED AYES -13 NOES - 0 UNFINISHED BUSINESS NO. 226 BOND RESOLUTION-$1,650,000-N. DISTRICT COMM. CTR. (CCP#223-6/12/01) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Golombek CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Golombek PASSED AYES- 13 NOES- 0 NO. 227 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13 1h Floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, July 3, 2001 at 9:30 o'clock A.M. Committee on Finance Tuesday, July 3, 2001 following Civil Service Committee on Legislation Tuesday, July 3, 2001 at 2:00 o'clock P.M. Committee on Community Development and Committee on Education will meet at 10:00 A.M. and 2:00 P.M. Respectively on Wednesday, July 18, 2001. Special Committees Telecommunications Thursday, June 28, 2001 at 2:00 o'clock P.M. in Room 1417 City Hall. Streets Services Monday, July 2, 2001 at 10:00 o'clock A.M. in Room 1417 City Hall. MBEC Monday, July 9, 2001 at 10:00 o'clock A.M. in Room 1417 City Hall. Public Hearing-Crowley Avenue Residential Parking Overlay District-Tuesday, June 26, 2001 at 6:30 o'clock P.M. at the Riverside Library, 820 Tonawanda St., Buffalo, NY. Special Meeting of Committee on Legislation-Thursday, June 28, 2001 at 9:30 o'clock A.M. on the Garbage, Trash Pick-Ups & Tote Program Special Meeting of Committee on Legislation-Thursday, June 28, 2001 at 11:00 o'clock A.M. on Permit Fees. (Public Disclaimer): All meetings are sub - ject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be Drovided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 228 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Mr. Fontana the Council adjourned at 3:25 pm CHARLES L. MICHAUX, III CITY CLERK Board of Police and Fire Pension Proceedings #6 Mayor's Office-201 City Hall June 21, 2001 Present: Maurice Garner, Deputy Comptroller, Assist. Corp. Counsel Van Vessem-2 Absent: James W. Pitts, Council President; Anthony M. Masiello, Mayor-2 The Journal of the last Page 82 01-0626.txt meeting was approved. NO. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of June 2001 amounting to $15,580.69 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. NO. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of June 2001 amounting to $18,567.00 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. NO. 3 The following annuitant was cancelled from the Police Pension Payroll: Esther H. Schilke Died 5/14/01 Received and Filed. NO. 4 On motion by Mr. Garner, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m. Page 83