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Home My WebLink About01-0612 01-0612.txt No. 11 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO June 12, 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 01-0612.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 12, 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 MAY 29, 2001 WERE APPROVED. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 1 Monthly report from the Division of Citizen Services Mayors Complaint Hot Line Page 2 01-0612.txt Attached is the May, 2001 activity report from the Division of Citizen Services, as well as, an eleven month compilation report. The following are the top 10 categories of complaint calls that we have logged, which constitute 82.5 of total complaints which total 30,956: 1. Garbage - 7,694 2. Housing Violations - 5,828 3. Totes -4,546 4. User fee -1,711 5. Forestry -1,684 6. Plowing/ Snow -1,233 7. Recycle -883 8. Rodents -708 9. Police -654 10.Side-walks and Curbs 598 25,539 or (82.5% of total) RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO. 2 Cazenovia Recovery Systems, Inc. 923 Sycamore St. Human Service Facility Item No. 106, C.C.P. 5/29/2001 The City Planning Board at its regular meeting held Tuesday, June 5, 2001, considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to convert a former three story convent into residential treatment center for recovering alcohol and substance addiction at 923 Sycamore Street. Under SEQR the proposed Human Service Facility is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to communicate a finding of no additional concentration of similar uses within 1-itmile radius of the site. RECEIVED AND FILED NO. 3 J. & M. Giglia 115 Abbott Road Human Service Facility Item No. 110, C.C.P. 5/29/2001 The City Planning Board at its regular meeting held Tuesday, June 5, 2001, considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to convert a 5 unit masonry apartment building into a human service facility for persons with permanent disabilities at 115 Abbott Road. Under SEQR the proposed Human Service Facility is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to communicate a finding of no concentration of similar uses within 11 mile radius of the site. RECEIVED AND FILED NO. 4 R. Chainani 1122 Elmwood Ave. AKA 577 Forest Outdoor cafe Item No. 111, C.C.P. 5/29/01 The City Planning Board at its regular meeting held Tuesday, June 5, 2001, considered the matter captioned above pursuant to Section 511-56 of the Buffalo Code, Elmwood Business District. Page 3 01-0612.txt The applicant seeks to place a 19X391outdoor patio as an expansion to an existing restaurant with an awning at 1122 Elmwood Ave. AKA 577 Forest Ave. The Planning Board voted to approve the proposed outdoor patio with the following conditions: 1.The gate to the parking area is to be closed and locked at all times. 2.All ingress and egress to the patio must be through the existing restaurant. 3.No outside music. 4.Closing at 11 pm. 5.All trash generated by the use of the patio is the responsibility of the operator of the patio. RECEIVED AND FILED NO. 5 Plaza Group Inc. 1040 Delaware Avenue Residential Conversion to Offices Item No. 107, C.C.P. 5/29/2001 The City Planning Board at its regular meeting held Tuesday, June 5,2001, considered the matter captioned above pursuant to Section 511-20 of the Buffalo code, Apartment District, permitted uses. The applicant seeks to convert former senior apartments into three stories of office space located at 1040 Delaware Avenue. Under SEQR the proposed residential conversion to offices is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the conversion to offices. RECEIVED AND FILED NO. 6 K. and S. Thuman 30 Persia St. Human Service Facility Item No. 109, C.C.P. 5/29/2001 The City Planning Board at its regular meeting held Tuesday, June 5, 2001, considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to convert a 4 unit masonry apartment building into residential a 1 unit human service facility for developmentally disabled persons at 30 Persia Street. Under SEQR the proposed Human Service Facility is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to communicate a finding of no concentration of similar uses within 1-t mile radius of the site. RECEIVED AND FILED NO. 7 R. Stoddard 386 Amherst Street Awning Item No. 45, C.C.P. 5/29/2001 The City Planning Board at its regular meeting held Tuesday, June 5 2001, considered the matter captioned above pursuant to Section 413-56 of the Buffalo Code, Awnings, canopies and marquees. The applicant seeks to encroach the right-of-way with a existing (31/ that will project into the right-of-way 41) awning located at 386 Amherst Street. Under SEQR the proposed awning is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the awning conditioned that the applicant understand that the awning and sidewalk caf6 is not permanent in nature and can be removed if Page 4 01-0612.txt required by the City. RECEIVED AND FILED NO. 8 G. Burgin 1735 Hertel Ave. Enclosed dining area encroachment Item No. 51, C.C.P. 5/29/2001 The City Planning Board at its regular meeting held Tuesday June 5, 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 an existing enclosed dining area encroachment previously approved 7/6/93 located at 1735 Hertel Avenue. Under SEQR the proposed encroachment is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the existing enclosed dining area encroachment. RECEIVED AND FILED No. 9 M. Campanella & S. Doctor 830 Abbott Road Sidewalk cafe Item No. 58, C.C.P. 5/29/2001 The City Planning Board at its regular meeting held Tuesday, June 5,2001, considered the matter captioned above pursuant to Section 413-59 of the Buffalo Code, Sidewalk cafes. The applicant seeks to encroach the right-of-way with a 501X71 sidewalk cafe at 830 Abbott Road on the Woodside Street side of the restaurant. 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 of the sidewalk cafe with the following conditions: 1. All required permits are obtained prior to operating the sidewalk cafe. 2.No outside music. 3.Closing no later than 11:00 P.M. which will be reviewed by the Buffalo Common Council after a three month period for possible earlier closing time. 4.No outside trash receptacles. 5.Delivery vehicles, employees and patrons must observe parking regulations. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 10 PURCHASE 281 PADEREWSKI Thank you for providing a copy of Mr. Godzisz complaint and the opportunity to respond. I can assure you that our discussions and negotiations with Mr. Godzisz were conducted respectfully and in a professional manner. His accusation that he was threatened and the comments attributed to Ms. Britton and myself never occurred. We received a request to purchase 281 Paderewski from Mr. Godzisz in June of 2000. During the time we were processing Mr. Godzisz request to purchase the property he inquired about the homesteading program. His request was reviewed and was denied, since he was not an adjoining homeowner. He then proceeded to have the property appraised by Bronstein Appraisals, which was forwarded to our office. The property was appraised at Nine Hundred Dollars ($900.00). The appraisal report indicated the value of the property to be between Page 5 01-0612.txt Thirty Cents (.30) to Sixty Cents (.60) a square foot or approximately Nine Hundred Fifty to Twelve Hundred Dollars ($950.00-$1,200.00), based on sales 6, 7 & 8. These were the three properties most similar to the subject. Attached is a copy of the appraisal report for your review. We met with Mr. Godzisz on March 3 01h to review the appraisal and discuss a purchase offer. He complained that the appraisal was to high and stated that he purchased 279 Paderewski at a tax foreclosure for Three Hundred Dollars ($300.00). I explained that the tax foreclosure sale cannot be used to estimate market value. Also, Mr. Godzisz was annoyed by the fact that he was unable to homestead the lot for One Dollar ($1.00). We tried to negotiate with Mr. Godzisz in good faith. I have learned in my 30 years of experience that when one of the parties is unwilling to compromise an agreement can't be reached. This appears to be a ploy by Mr. Godzisz to acquire the property for at least One Dollar ($1.00) and no more than Three Hundred Dollars ($300.00). If you have any further questions and/or comments, please do not hesitate to contact the undersigned. REFERRED TO THE COMMITTEE ON FINANCE NO. 11 Renew Lease Agreement Between the City of Buffalo and the Buffalo & Eric County Workforce Development Consortium for Use of a Portion of 104 Maryland Item No. 9, C.C.P. 10/7/00 Pursuant to Item No. 9, C.C.P. 10/7/00, Your Honorable Body approved a lease agreement between the City of Buffalo and the Buffalo & Erie County Workforce Development Consortium for use of a portion of 104 Maryland. The term of the lease was for a six month period commencing on October 10, 2000 and expiring on April 9, 2001 with an option to renewing for an additional six months pending agreement of the both parties to a long term lease. This office has received a letter from the Buffalo & Erie County Workforce Development Consortium requesting to extend this lease. This office recommends that Your Honorable Body approve to extend this lease for an additional six-month period, pending agreement from both parties to a long-term lease, under the same terms and conditions as the previous lease. The lease shall commence on April 10, 2001 and expire on October 9, 2001. The annual rental shall remain the same at Sixty-Seven Thousand Four Hundred Seventy Dollars ($67,470.00), plus the cost of all utilities consumed, as well as garbage use fee. The rental shall be paid in equal one-twelfth installments each month. The tenant shall be credited (upon approval of the Comm. Of Public Works) for cost incurred for repair improvements listed Page 3, Paragraph 8, Subparagraphs b and c against future rent payments for up to $200,000. The tenant shall pay a fraction of all monthly utilities (gas, electric, water) represented by the square footage of the leased premises divided by the total square footage of the property. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary lease renewal and that the Mayor be authorized to execute the same. Mrs. Lo Tempio Moved: That the above communication from the Office of Strategic Planning dated May 15, 2001, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to renew the lease between the City and the Buffalo & Erie County Workforce Development Consortium, for use of a portion of 104 Maryland for an additional six (6) month term commencing on April 10, 2001 and expiring October 9, 200 1, with the terms and conditions as listed in the above communication. That the Corporation Page 6 01-0612.txt Counsel be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same. Passed AYES - 13 - NOES - 0 NO. 12 Renew Lease Agreement between the City of Buffalo And Grassroots Gardens of Buffalo Item No. 12, C.C.P. 5/2/95 In the above referenced item Your Honorable Body approved a lease agreement between the City of Buffalo and Grassroots Gardens. The City of Buffalo leases certain city owned vacant lots, acquired through tax foreclosure, to Grassroots Gardens for the purpose of combating community deterioration by designing, developing, establishing and supporting vegetable, fruit and flower gardens. Grassroots Gardens has also been assisting other community based non-profit organizations with the design and development of gardens throughout the City. Attached is a list of Gardens and Community Organizations sponsored by Grassroots. Grassroots Gardens maintains a liability insurance policy, holding the City of Buffalo harmless from accident and injury claims, which might arise from their use of the property. There is a thirty- (30) day notice cancellation clause allowing either party to cancel the lease. Grassroots Gardens is requesting to renew their lease agreements for an additional five (5) year period under the same terms and conditions as the expired lease. This lease shall commence retroactively on November 1, 2000 and expire on October 31, 2005. I am recommending that Your Honorable Body approve the request of Grassroots Gardens to renew this lease agreement for an additional five (5) year period under the same terms and conditions as the expired lease. I am further recommending that the Corporation Counsel prepare the necessary lease agreement and that the Mayor be authorized to execute the same. Mrs. LoTempio Moved: That the above communication from the Office of Strategic Planning dated June 7, 200 1, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to renew the lease between the City and Grassroots Gardens of Buffalo, for use of certain city-owned vacant lots for an additional five (5) year term commencing retroactively from November 1, 2000 and expiring October 31, 2005. That the Corporation Counsel be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same. Passed AYES - 13 - NOES - 0 NO. 13 Renew Lease Agreement between the City of Buffalo and The Neighborhood Information Center, Inc. for Use of 1168-1170 Broadway Item No. 91, C.C.P. 11/26/91 Pursuant to Item No. 91, C.C.P. 11/26/91, Your Honorable Body authorized a five (5) year lease agreement between the City of Buffalo and the Neighborhood Information Center for use of property located at 1168-1170 Broadway. This lease was to commence upon the Neighborhood Information Center taking possession and/or moving into the premises. Neighborhood Information Center took possession on June 1, 1996; therefore, the lease expired on May 31, 2001. The lease has three (3) five year (5) options to renew. The Office of Strategic Planning, Division of Real Estate, has received a request from Mr. Stanley Wrobel, Executive Director of the Neighborhood Information Center to exercise their option to renew this lease under the same terms and conditions as the expired lease. Page 7 01-0612.txt This office recommends that Your Honorable Body renew their present lease agreement for an additional five (5) year period to commence on June 1, 2001 and expire May 31, 2006. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE AND CORPORATION COUSEL NO. 14 Renew Lease Agreement between the City of Buffalo and Central Referral Service, Inc. for Use of the 24 ~h Floor of City Hall, 65 Niagara Square Item No. 6, C.C.P. 2/22/00 Pursuant to Item No. 6, C.C.P. 2/22/00 Your Honorable Body authorized to renew the lease agreement between the City of Buffalo and Central Referral Service, Inc. for the use of the 24th Floor of City Hall. This lease commenced on April 1, 2000 and expired on March 31, 2001. The expired lease indicated that the City and Central Referral Service, Inc. may renew this lease for a twelve month term by mutual agreement of both parties and subject to additional funding by the Erie County Division of Youth JP PINS/JD Diversion Funds. The Division of Real Estate has received notice from the Mr. Douglas W. Frank, Executive Director of Central Referral Service, Inc. requesting to renew their lease for an additional twelve month period under the same terms and conditions as the expired lease. This office recommends that Your Honorable Body renew their present lease agreement for an additional twelve month period commencing retroactively on April 1, 2001 and terminating on March 31, 2002. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. REFERRED TO THECOMMITTEE ON FINANCE AND CORPORATION COUNSEL NO. 15 Results of Negotiations 2538 Delaware, 105.59' S Avery Vacant Lot: 3' x 111.72' N Line Assessed Valuation: $300 The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 2538 Delaware Avenue from Mr. Andrew D. Blinkoff, Attorney at Law for Plaza One Group Inc., 2558 Delaware Avenue, Buffalo, New York 14217. Plaza One Group Inc. own 253G and 25S8 Delaware Avenue. They would like to purchase 2538 Delaware Avenue for future business expansion. The Office of Strategic Planning and the Division of Collections have no objection to the sale. There are no outstanding code violations, --axes or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by David Hurlburt of Howard P. Schultz, 360 Delaware Avenue, Buffalo, New York 14202. He has estimated the value of the parcel to be One Hundred Sixty Dollars ($160). The Division of Real Estate concurs with the estimate of value. The results of our negotiations are that Plaza One Group Inc. have agreed and are prepared to pay One Hundred Sixty Dollars ($1GO) for this parcel. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 2538 Delaware Avenue to Plaza One Group Inc. in the amount of One Hundred Sixty Dollars ($160). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer Page 8 01-0612.txt of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 16 Results of Negotiations 757 Fillmore,266' N Broadway Vacant Lot: 30' x 115' Assessed Valuation: $3,100 The Office of Strategic Planning, Division of Real Estate has received a request to purchase 757 Fillmore Avenue from Larry A. Boyd of Open Praise Full Gospel Baptist Church, 765 Fillmore Avenue, Buffalo, New York 14212. The church is adjoining to 757 Fillmore Avenue. They intend to use the property for church parking. 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 C. Zippiroli of Bronstein Appraisals, 3666 Main Street, Buffalo, New York 14226. He has estimated the value of the property to be One Thousand Dollars ($1,000), Thirty Cents (.30) a square foot. The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Open Praise Full Gospel Baptist Church has agreed and is prepared to pay One Thousand Dollars ($1,000) 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 757 Fillmore Avenue to the Open Praise Full Gospel Baptist Church for the amount of One Thousand Dollars ($1,000). 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. 17 Results of Negotiations 566 Winslow, 117.84' E Kehr Lot Size: 30' x 164' Assessed Valuation: $2,500 568 Winslow,147.84' E Kehr Lot Size: 110' x 108' Assessed Valuation: $7,000 889 Woodlawn, 114.52' E. Kehr Lot Size: 30' x 105' Assessed Valuation: $2,000 The Office of Strategic Planning, Division of Real Estate has received a request to purchase the above properties from Rasheed Wyatt, Trustee Chairman for True Bethel Baptist Church, 907 E. Ferry Street, Buffalo, New York 14211, to purchase the above captioned vacant lots. Rasheed Wyatt would like to purchase these lots for the purpose of building a charter school. The office of Strategic Planning and the Division of Collections have no objection to the sale. There are no outstanding taxes, code violations, or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Chris Carandas of GAR Associates, Inc., 2399 Sweet Home Road, Amherst, New York 14228. He has estimated the value of the three (3) lots at Two Thousand Nine Hundred Dollars ($2,900) or Fourteen Cents (.14) a square foot. The Division of Real Estate has investigated the sale of similar properties in the area. Sales prices range from Twenty-Two Cents (.22) to Twenty-Eight Cents (.28) a square foot. The results of our negotiations are that the purchaser has agreed and is prepared to pay Four Thousand Five Hundred Dollars ($4,500) for Page 9 01-0612.txt the three (3) parcels, Twenty-Two Cents (.22) a square foot. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of 566, 568 Winslow and 889 Woodlawn Avenue to Rasheed Wyatt for True Bethel Baptist Church in the amount of Four Thousand Five Hundred Dollars ($4,500). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 18 S. Godzisz - Purchase 281 Paderewski Street Item #87, C.C.P. 5/29/2001 The above referenced item is a complaint from Mr. Stephen Godzisz regarding his interest in acquiring 281 Paderewski Street. I have spoken with the Director of Real Estate, John Hannon, and he assures me that his discussions and their negotiations with Mr. Godzisz were conducted respectfully and in a professional manner. The accusations in his letter and the comments attributed to Mr. Hannon and Ms. Britton never occurred. The Division of Real Estate received a request from Mr. Godzisz in June of 2000 to purchase 281 Paderewski. During the processing of his request to purchase, Mr. Godzisz inquired about the homesteading program. His request to homestead the lot was reviewed and denied, since he was not an adjoining homeowner. Mr. Godzisz then proceeded to have the property appraised by Bronstein Appraisal, which was forwarded to the Division of Real Estate in February of 2001. The appraiser estimated the Fair Market Value of the property to be Nine Hundred Dollars, ($900). The appraisal report indicated a value of the property to be between Thirty cents (.30) and Thirty-Six Cents (.36) a square foot or approximately Nine Hundred Fifty ($950) to Twelve Hundred ($1,200) for the subject property. The appraised value was based on sales of similar properties in the area. Mr. Hannon and Ms. Britton met with Mr. Godzisz on March 30~ to review the appraisal report and discuss a purchase offer. Mr. Godzisz complained that the appraisal was too high and that he purchased 279 Paderewski at a tax foreclosure for Three Hundred Dollars ($300). It was explained to Mr. Godzisz that tax foreclosure sales cannot be used to estimate Fair Market Value. The Division of Real Estate attempted to negotiate a fair price for the property. Mr. Godzisz left the office that day unhappy and unwilling to compromise or offer a fair price for the property. REFERRED TO THE COMMITTEE ON FINANCE NO. 19 Transfer 363 Grant Street from BNRC to City of Buffalo The Office of Strategic Planning, Division of Real Estate, has received a request from the Buffalo Neighborhood Revitalization Corporation to convey title of 363 Grant Street to the City of Buffalo. The property consists of a parcel of land 62'x 120' and is improved with a building that was once utilized as a theater. Buffalo Neighborhood Revitalization will demolish the building and transfer the vacant lot to the City of Buffalo. Buffalo Neighborhood Revitalization will provide the City with an environment report on the property acceptable to the City of Buffalo. The City would like to utilize this property for off-street parking for the public. Funds still have to be identified for the construction of the proposed parking lot. I am recommending that Your Honorable Body approve the transfer of title of 363 Grant Street from the Buffalo Neighborhood Revitalization Page 10 01-0612.txt Corp. to the City of Buffalo after the demolition has been completed. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mrs. LoTempio moved That the above communication from the Office of Strategic Planning dated June 6, 2001, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to accept title of 363 Grant Street from the Buffalo Neighborhood Revitalization Corporation. 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. This approval is conditioned upon BNRCIS demolition of the structure and the provision of a clean environmental report. Passed AYES - 13 - NOES - 0 NO. 20 Transfer of Title, Urban Homestead Program 1883 Bailey (City Owned-vacant lot, dimensions 30' x 120') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 1883 Bailey Avenue, Buffalo, New York 14211, parcel is 30' x 120' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Stephen P. and Mrs. Angela J. Moscovic residing at 1887 Bailey Avenue indicated that they will clean, improve and maintain the lot in the event that they obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteaders. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr. and Mrs. Moscovic 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. 21 Transfer of Title, Urban Homestead Program Guilford (City Owned-vacant lot, dimensions 3 0' x 115' The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 111 Guilford Street, Buffalo, New York 14212, parcel is 30' x 115' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mrs. Lillian Livingston residing at 115 Guilford 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 Mrs. Lillian Livingston 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. 22 Transfer of Title, Urban Homestead Program Page 11 01-0612.txt 233 Howard (City Owned-vacant lot, dimensions 25' x 108') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 233 Howard Street, Buffalo, New York 14206, parcel is 25' x 108' in dimension; and it has been determine that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Ms. Brenda D. Jones residing at 237 Howard 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. Brenda 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. 23 Transfer of Title, Urban Homestead Program 38 Ivy (City Owned-vacant lot, dimensions 30' x 109') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 38 Ivy Street, Buffalo, New York 14211, parcel is 30' x 109' 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. Constance Jefferson residing at 42 Ivy Street indicated that she will clean, improve and maintain the lot in the event that she obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no proper code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Ms. Constance Jefferson on the condition that the property is cleared and improved with (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 24 Transfer of Title, Urban Homestead Program 64 Ruhland (City Owned-vacant lot, dimensions 30' x 107') The Office of Strategic Planning has surveyed the city-owned vacant lot at 64 Ruhland Street, Buffalo New York 14211, parcel is 30' x 107' 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 M. Bobb and Ms. Melinda Hayes residing at 66 Ruhland Street have indicated that they will clean, improve and maintain the lot in the event that they obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteaders. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Ms. Dorothy Bobb and Ms. Melinda Hayes on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT Page 12 01-0612.txt No. 25 Transfer of Title, Urban Homestead Program 907 Sycamore (City Owned-vacant lot, dimensions 32'x 120') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 907 Sycamore Street, Buffalo, New York 14212, parcel is 32' x 120' in dimension; and it has been determine that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Edward Tolbert residing at 905 Sycamore Street indicated that he will clean, improve and maintain the lot in the event that he obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr. Edward Tolbert on the condition that the property is cleared and improved within (6 months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 26 Transfer of Title, Urban Homestead Program 174 Victoria (City Owned-vacant lot, 31 x 115') The Office of Strategic Planning has surveyed the city-owned vacant lot at 174 Victoria Street, Buffalo., New York 14214, parcel is 31' x 115' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Ben and Mrs. Teri Davenport residing at 172 Victoria Street indicated that they will clean, improve and maintain the lot in the event that they obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteaders. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr. Ben and Mrs. Ten' Davenport 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. 27 Transfer of Title, Urban Homestead Program 25 Wasinuth (City Owned-Vacant Lot) Lot Size: 30' x 105' The Office of Strategic Planning has surveyed the city-owned vacant lots at 25 and 27 Wasmuth Street, and it has been determined that these parcels cannot be sold, and are not needed for public purposes. Ms. Vivian Jackson owns and resides at 24 Barthel Street, which is adjoining to 25 and 27 Wasmuth Street. She has requested to homestead these two (2) vacant City-owned lots. Ms. Jackson intends to clean the area and have a play area for her daycare children. 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. Vivian Jackson on the condition that the properties are cleared and improved within six (6) months and maintained in a sanitary manner. REFERRED TOT HE COMMITTEE ON COMMUNITY Page 13 01-0612.txt DEVELOPMENT FROM THE COMPTROLLER NO. 28 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS COMPTROLLER We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify, pursuant to 20-12 of the Charter, that it is necessary that the sum of $1,950 be transferred and reappropriated from the Division of Audit, as set forth below: From: 10442001-411001 Audit Annual Salaries$1,950 To: 10441005 -411001 Comptroller - Office Supplies $1,000 10441005-461002 Comptroller - Contract Vendor $ 350 10441006-443400 Comptroller - Equipment Maintenance Contracts 100 10441009-480000 Comptroller - Other Services $ 500 RECEIVED AND FILED NO. 29 Report of Audit Department of Public Works, Parks and Streets Division of Streets Pick and Pay Program Revenues In response to the directive requiring the Comptroller to file audit reports with the Common Council, I hereby submit copies of the Division of Streets, Pick and Pay Program Revenues Audit Report, for the period January 1, 2001 to April 30, 2001. Audit Recommendations As a result of our audit work and observations, we recommend the following: Invoices be prepared and generated twice a month; specifically, on or about the 15 1h and 301h of each month to insure more timely billings. Unpaid accounts should receive monthly dunning notices after they are in delinquent status for more than sixty (60) days. Accounts which fall into arrears for over 120 days should be turned over to the Collections Division. The department should consider requesting legislation which would enable uncollected accounts to be abated from the accounts receivable system and assessed onto the subsequent fiscal year's tax bill, thereby becoming a lien on the serviced property. Control Self-Assessment As the result of a discussion between the Streets Division and Audit and Control, we engaged in the formulation of a new set of procedures in their area. The operating unit changed their procedures to include additional controls as a result of the coordinated effort with audit, accounting and MIS. This program of Control Self-Assessment is a continuing operation to improve controls and work more efficiently and effectively. Management is responsible for control, and audit stands in a position to assist in the formation of sound controls prior to any audit. The follow-up audit seeks to review what is in effect. This is a sound example of the changing face of auditing from an after-the-fact criticism to a joint venture toward better controls. REFERRED TO THE COMMITTEE ON FINANCE AND COMMISSIONER OF PUBLIC WORKS No. 30 Certificate of Appointment Page 14 01-0612.txt Appointment Effective: May 29, 2001 In the Department of: Audit and Control Division of: Audit to the Position of: Associate Auditor Appointment at the: Maximum Starting Salary of: $ 42,621 James E. Barrett 143 Choate Avenue Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE PRESIDENT OF THE COUNCIL No. 31 Appointment, to the Environmental Review Task Force Pursuant to Council Member At Large Charley H. Fisher's request, I am appointing the following individuals to serve on the Environmental Review Task Force to be established under the Buffalo Environmental Management Commission: Charley R. Fisher Richard Fontana Barry Boyer David Hahn Baker Robert Knorr Richard Tobe Council Member At Large Lovejoy District Council Member Friends of the Buffalo River Inside out Political Association Environmental Attorney Community Foundation These individuals are well known to the Common Council for their service to the community and are qualified to serve upon the Task Force. ADOPTED NO. 32 Flat Water & Sewer Service 427 Wohlers Bill No. 17833100 Incorrect Calculation of Fee I represent the Community Action Organization of Erie County, Inc. (CAO), the owner of the subject premises. I am enclosing for your information and use the following documents: (1)Building Permit No. 0036651 dated January 1997 to convert a three family MDL to a two family dwelling. (2)The Letter of Joseph Krygier dated October 3, 1997 regarding issuance of a Temporary Certificate of Occupancy. As can readily be seen by these documents, 427 Wohlers is a two family dwelling. The City of Buffalo is overcharging the CAO for water and sewer services at this location. On behalf of the CAO, an objection is hereby made for any and all water and sewer charges improperly imposed and billed by the Division of Water. The subject premises was vacant and owned by the City of Buffalo until October 125 1994 when the City transferred title to the subject premises to the CAO. The premises remained vacant from that date to on or after October 3, 1997 when the City of Buffalo issued a Temporary Certificate of Occupancy for the converted two family dwelling. Flat rate water and sewer charges imposed on the subject premises as a four family dwelling was in error from the date the CAO acquired title to the present. The CAO is requesting the Water Department to conduct an audit of the water and sewer charges for the subject premises from October 12, 1994 to the present and make the proper charges based upon the state of facts that existed during the period in question. When a proper bill is presented, with a proper credit for any Page 15 01-0612.txt over payment, if any, the CAO will pay this bill. In the meantime, please consider your billings for water and sewer services at 427 Wohiers under protest. Please give this matter your most urgent attention. REFERRED TO THE COMMITTEE ON FINANCE COMMISSIONER OF PUBLIC WORKS, THE CORPORATION COUNSEL AND AMERICAN ANGLIAN No. 33 EAST SIDE TRANSFER STATION OPERATIONS PLAN PROPOSAL SUBMITTED BY AFSCME LOCAL 264 AFL-CIO COPY OF ITEM AVAILABLE IN CITY CLERKS OKFFICE REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL NO. 34 POSSIBLE DEVIATIONS FROM FCC RULES In reviewing the rates charged by Adelphia in the City of Buffalo, the following issues arose regarding possible deviations from FCC rules: 1.) Monthly converter rental charges include a factor for repair and maintenance (Form 1205), yet there is a $ 10. 00 Limited Warranty for Basic Cable Converter. 2.) There is a $75.00 cost billed for Unreturned Basic Converter, $150.00 for an Unreturned Addressable Converter, and $500.00 for an Unreturned Digital Converter; at the same time, there are charges of $55.00 to buy a new Basic Cable Converter and $30.00 to buy a used Basic Cable Converter. Your response to those two issues would be greatly appreciated. If you would like to discuss this further please call me at 851-4297. Thank you in advance for your consideration. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS AND THE CORPORATION COUNSEL NO. 35 REDUCTION IN PERMIT FEE Greetings in the name of Christ the King. Pursuant to our conversation please accept this letter as a valid request for a reduction in the City of Buffalo Permit fee to a reduced amount of $ 10,000.00. This project brings new life, spiritually and economically to the Central Park Community and the City of Buffalo. Thank you for your consideration and assistance. God's peace and good journey. REFERRRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL NO. 36 REQUEST LEASE W/BD OF DIRECTORS Please be advised that the new office space has been completed at the Johnnie R Wiley Sports Pavilion and a lease needs to be negotiated with the Johnnie B. Wiley Sports Pavilion Board of Directors. It is urgent that this takes place before the start of the new budget period, We are requesting that all utilities be paid by Public Works (Le, electric & gas). I await your response. I can be reached at (716) 885-1100. REFERRED TO THE COMMITTEE ON FINANCE, CORPORATION COUNSEL AND THE COMMISSIONER OF PUBLIC WORKS No. 37 Notice of Claim for John York I have riled the attached Notice of Claim from Mr. John Page 16 01-0612.txt York residing at 1079 Michigan Avenue. Mr. York's car was damaged in a police pursuit of a stolen vehicle on March 27,2001. Please refer this Claim to the Corporation Counsel and the Common Council's Claims Committee to be expedited. REFERRED TO THE COMMITTEE ON CLAIMS NO. 38 OBJECTION TO ON TREET PARKING E HURON Pursuant to our most recent telephone conversation regarding the proposed new on-street parking plan, I would like to express my objections to said plan as it pertains to the immediate area surrounding my property in the corridor bounded by E. Huron Street, Washington Street, Ellicott Street and St. Michael's. As the owner and operator of parking lots on E. Huron Street between Washington and Ellicott Streets and on Ellicott between Huron and Genesee, your proposed reclassification of the on-street parking, more particularly the $2. 00 per day/ 10 hour limit designated in "black" on your map, would jeopardize my $3.00 per day parking rate, which is the lowest rate in the area for public parking and ultimately could put me out of business as a private taxpaying enterprise. I don't feel as though your so-called survey which you and Mr. Tom Gallagher, from the Buffalo Parking Board, referred to in substantiating your position, could be valid when both myself and other private parking lot operators in this area were never contacted for our input into the survey. It seems as though the area between the Elm-Oak arterial and Main Street with the $2.00 per day parking designation was concentrated in my immediate area where it is least needed as this area services established businesses and employees and would not encourage new patrons in the theater district and Chippewa Street which was the purpose of your proposed on-street parking plan as I understand it. Having expressed my position regarding this parking plan, I would appreciate the opportunity to meet with the principals involved in designing this plan so that I might give my direct input to a possible revision. If this plan continues as presently outlined, you leave me no choice but to engage counsel and proceed legally to prevent this plan from going forward. Your immediate response is requested. I am sending a copy of this letter to Council President James W. Pitts, as well as Council Member Barbara Miller Williams, who I have contacted regarding this matter. They both assured me that they would follow it closely and make my objections be known. I would appreciate your cooperation in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION, THE BOARD OF PARKING, COMMISSIONER OF PUBLIC WORKS, THE CORPORATION COUNSEL AND BUFFALO PLACE NO. 39 Summons 167 North Park The attached Summons was issued to Mrs. Joseph Monaco of 167 North Park.. Mrs. Monaco disagrees with the Summons and indicates that she was not provided an opportunity for a hearing to challenge the original Summons, which was issued earlier this year. I wrote a letter to Deputy Commissioner Sullivan of Streets on behalf of Mrs. Monaco earlier this year requesting a hearing.. My purpose now is to see that Mrs. Monaco receives a hearing and be given an opportunity to challenge the Summons. She insists that the Summons was issued as part of an effort by one of her neighbors to harass her. According to Mrs. Monaco, no one from the City ever came out to determine an actual violation. Her plowing service is Page 17 01-0612.txt willing to testify on her behalf and the, amount, of Summons is. excessive. I am requesting that the Bureau of Adjudication file all information, concerning this Summons with the Common Council. REFERRED TO THE C OMMITTEE ON LEGISLATION AND DIRECTOR OFADMINISTRATION AND ADJURACATION FROM THE COMMISSIONER OF PUBLIC WORK PARKS AND STREETS NO. 40 Notification Serial #9287 Repeal No Parking on Marine Drive (East) a/k/a Gulfstream Drive, east side between Marine Drive (South) and Marine Drive (West) a/k/a Driftwood Drive NO PARKING -REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplernenting, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAYPROHIBITED PERIOD Marine Drive (East) a/k/a Gulfstream Drive, east side 1:30am to 7:00pm between Marine Drive (South) November 15 to April I and Marine Drive (West) a/k/a Driftwood Drive This action is being taken, at the request of the Marine Drive Apartments Maintenance Supervisor, to provide more on-street parking which is desparately needed by their tenants. The above restriction was originally installed for the bus route oil Marine Drive. The NFTA has re-routed the one-and-only bus that was in operation on this road, and therefore is no longer needed. Notification Serial #9288 Repeal No Parking on Marine Drive (West) a/k/a Driftwood Drive, west side between Marine Drive (East) a/k/a Gulfstream Drive and Marine Drive (South) NO PARKING -REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplernenting, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY Marine Drive (West) a/1&a Driftwood Drive, west side between Marine Drive (East) a/k/a Gulfstream Drive and Marine Drive (South) PROHIBITED PERIOD 1:30am to 7:00 pm November 15 to April 11 This action is being taken, at the request of the Marine Drive Apartments Maintenance Supervisor, to provide more on-street pal-king which is desparately needed by their tenants. The above restriction was originally installed for the bus route on Marine Drive. The NFTA has re-routed the one-and-only bus that was in operation on Page 18 01-0612.txt this road, and therefore is no longer needed. Notification Serial #9289 No Standing - Repeal on Marine Drive (East) a/k/a Gulfstream Drive, east side between the north curbline of Marine Drive (South) and a point 130 feet north therefrom NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplernenting, 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 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY Marine Drive (East) a/k/a Gulfstream Drive, east side between the north curbline of Marine Drive (South) and a point 130 feet north therefrom PROHIBITED PERIOD - DAILY At all times This action is being taken, at the request of the Marine Drive Apartments Maintenance Supervisor, to provide more on-street parking which is desparately needed by their tenants. This restriction was installed to facilitate NFTA-Metro bus turning and stopping. The NFTA has re-routed the one-and-only bus that was in operation on this road, and therefore this restriction is no longer needed. Notification Serial #9290 No Standing - Repeal on Marine Drive (Northeast) a/k/a Gulfstream Drive, northeast side between a point opposite the northwest building line of Flagstaff Building and a point 125 feet southeast therefrom NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY Marine Drive (Northeast) a/k/a Gulfstrearn Drive, northeast side between a point opposite the northwest building line Flagstaff Building and a point 125 feet southeast therefrom PROHIBITED PERIOD - DAILY At all times This action is being taken, at the request of the Marine Drive Apartments Maintenance Supervisor, to provide more on-street parking which is desparately needed by their tenants. This restriction was installed to facilitate NFTA-Metro bus turning and stopping. The NFTA has re-routed the one-and-only bus that was in operation on this road, and therefore this restriction is no longer needed. Notification Serial #9291 No Standing - Repeal on Marine Drive (North) a/k,/a Gulfstrearn Drive, north and east sides Page 19 01-0612.txt between Marine Drive (West) a/k/a Driftwood Drive and a point 240 feet east therefrom NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY Marine Drive (North) a/k/a Gulfstream Drive, north and east sides between Marine Drive (West) a/k,/a Driftwood Drive and a point 240 feet east therefrom PROHIBITED PERIOD - DAILY At all times This action is being taken, at the request of the Marine Drive Apartments Maintenance Supervisor, to provide more on-street parking which is desparately needed by their tenants. This restriction was installed to facilitate NFTA-Metro bus turning and stopping. The NFTA has re-routed the one-and-only bus that was in operation on this road, and therefore this restriction is no longer needed. Streets Notification Serial #9292 No Standing - Repeal on Marine Drive (West) a/k/a Driftwood Drive, west side between a point 65 feet southwest of the south curbline of Marine Drive (North) a/k,/a Gulfstream Drive and a point 140 feet northeast therefrom NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending., or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY Marine Drive (West) a/k-)'a Driftwood Drive, west side between a point 65 feet southwest of the south curbline of Marine Drive (North) a/k/a Gulfstream Drive and a point 140 feet northeast therefrom PROHIBITED PERIOD - DAILY At all times This action is being taken, at the request of the Marine Drive Apartments Maintenance Supervisor, to provide more on-street parking which is desparately needed by their tenants. This restriction was installed to facilitate NFTA-Metro bus turning and stopping. The NFTA has re-routed the one-and-only bus that was in operation on this road, and therefore this restriction is no longer needed. Notification Serial #9293 Install No Standing on Main Street, east side between a point 125 feet south of Woodlawn Avenue and a point 130 feet south therefrom NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body Page 20 01-0612.txt 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 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY Main Street, east side between a point 125 feet south of Woodlawn Avenue and a point 130 feet south therefrom PROHIBITED PERIOD At all times This action is being taken at the request of the Fillmore District Councilmember to keep the front of the Geneva B. Scruggs Medical Center free of standing, or parked private vehicles. This would provide unfettered access to the facility, which is needed by emergency vehicles and crews. Notification Serial # 9294 Install Stop Signs in Thompson Street at Austin Street STOP SIGNS (ALL-WAY) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That part of Subdivision 9 Section II of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON Thompson Street SHALL STOP BEFORE ENTERING Austin Street This action is being taken on behalf of residents of the area and as a result of a traffic study completed by this department. RECEIVE AND FILE 9294 REST TO LEGISLATION NO. 41 Report of Bids Reconstruction of Chalmers Ave. And Holden Street Group #530 This is to advise Your Honorable Body that I have advertised and received public bids on June 6, 2001 the Reconstruction of Chalmers Avenue and Holden Street. In obtaining bids for the above project, I have requested bids on a unit 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 $645,441.40 3150 Seneca St., W. Seneca, NY 14224 2.Destro & Bros. Concrete Company, Inc. $653,265.30 411 Ludington St., Buffalo, NY 14206 3.Master's Edge, Inc. $687,447.00 1807 Elmwood Ave., Buffalo, NY 14207 4.A.B.P. Concrete Construction, Inc. $727,704.75* 3407 Delaware Ave., Kenmore, NY 14207 Page 21 01-0612.txt 5. MPJ Contracting Inc. $759,402.35 68 Churchill St., Buffalo, NY 14207 *Adjusted Total I hereby certify that the lowest possible bidder for the above project is C. Destro Development Co., Inc. respectfully recommend that Your Honorable Body authorize a contract award to C. Destro Development Co., Inc. in the amount of $709,985.54 (base bid of $645,441.40 plus [10% unit price increases] $64,544.14 = [total award] $709,985.54). Funds for this project will be available in a future bond account specifically for this project, which was authorized for $750,000 in the 2000 - 2001 Capital Budget. 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 is $700,000.00 Under provisions of the General Municipal Law, any of the bidders may withdraw his bids if an award the contract if not made by July 16, 2001. A summary of the bids is attached 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 award a contract for the Reconstruction of Chalmers Avenue and Holden Street to C. Destro Development Co., Inc., the lowest responsible bidder, in an amount of $709,985.54 (base bid of $645,441.40 plus [10% unit price increase] $64,544.14 = [total award] $709,985.54). Funds for this project are available in a future bond account specifically for this project, which was authorized for $750,000 in the 2000-2001 Capital Budget. 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. 42 Report of Bids - Squaw Island Remediation North End Soil Cover Please be advised that on Wednesday May 23, 2001 our department received and opened public bids for the final phase of landfill remediation work on the north end of Squaw Island. A summary of bids received is as follows: BIDDER BASE BID ALT#1 ALT#2 Donald J. Braasch Const. $1,031,300.00 $60,000 $75,000 1661 Lakeview Road Lakeview, NY 14085 E & R General Const. $1,149,100.00 $78,000 $75,000 38 St. Davids Dr. West Seneca, NY 14224 Barbella Environmental $1,225,845.00 $56,000 $75,000 24 Tannery road Sommerville, NJ 08876 Buffalo Creek Inc .$1,287,686.00 $45,000 $75,000 11800 Route 20A Wales Center, NY 14169 C. Destro Development $1,297,400.00 $38,000 $75,000 401 Ludington Street Buffalo NY 14206 Visone Construction *$1,559,900.00 $55,000 $75,000 79 Sheldon Avenue Depew, NY 14043 *(ADJUSTED TOTAL) Based on the bids received above it is requested that Your Honorable Body authorize the Commissioner of Public Works, parks and Streets Page 22 01-0612.txt to award a contract to Donald J. Braasch Construction in the amount of $1,282,930 (Base Bid $1,031,300 + Alt #1 $60,000 + Alt #2 $75,000 + 10% unit price increase of $116,630) to perform the necessary work. This contract will complete remediation work at the Squaw Island site in compliance with the consent order between the City and the NYSDEC. Alternate #1 is for construction of temporary service roads on the north end. Alternate #2 is for additional landscaping at the site. The engineers estimate for this work was $1,750,000.00 and funds are available in our Capital Project Accounts #30335106 and #30228306. Mrs LoTempio Moved That the above communication from the Commissioner of Public Works, Parks and Streets dated June 4, 200 1, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to award a contract for the Squaw Island Remediation North End Soil Cover to Donald J. Braasch Const., the lowest responsible bidder, in an amount of $1,282,930 (Base Bid $1,031,300 + Alt #1 $60,000 + Alt #2 $75,000 + 10% unit price increase of $116,630). Funds for this project are available in Capital Project Accounts #30335106 and #30228306. Passed. AYES - 13 - NOES - 0 No. 43 Report of Bids Kleinhans Music Hall Phases 10 and 1 OA Paving Restoration I advertised for on May 15, 2001 and received the following sealed formal proposals for Kleinhans Music Hall, Phases 10 and 10A, Paving Restoration, which were publicly opened and read on May 29, 2001. Phase 10 - Paving Contract Thomann Asphalt Paving Corp. $35,485.00 56 Gunnville Rd., Lancaster, NY 14086 American Paving & Excavating, Inc $46,800.00 5880 Thompson Rd., Clarence Center, NY 14032 Phase 1 OA - Plumbing Contract L. C. Mechanical, Inc. $ 7,380.00 319 Vulcan St, Buffalo, NY 14207 C & L Plumbing, Inc. $ 8,450.00 70 Sheldon Ave., Depew, NY 14043 MKS Plumbing Corp. $ 9,600.00 19 Ransier Dr., West Seneca, NY 14224 J. L. Peterson Plumbing $10,809.00 7209 Heinrich Rd., Hamburg, NY 14075 I hereby certify that the foregoing is a true and correct statement of all bids received and that we award the following as the lowest responsible bidders in accordance with the plans and specifications: Paving Contract - Thomann Asphalt Paving Corp., in the amount of $35,485.00. Plumbing Contract - L. C. Mechanical, Inc., in the amount of $7,380.00 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. Funds for this work are available in 34322206 445100 - Division of Buildings. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 5, 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 Keinhans Music Hall, Page 23 01-0612.txt Phases 10 and I OA, Paving Restoration, to the lowest responsible bidders, for Paving Contract to Thomann Asphalt Paving Corp., in the amount of $35,485.00, for Plumbing Contract to L.C. Mechanical, Inc., in the amount of $7,380.00. Funds for the project are available in 34322206 445100 Division of Buildings. Passed. AYES - 13 - NOES - 0 No. 44 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.Clean and paint gymnasium ceiling. This work is required for coordination of the new lighting system and should be done prior to the new floor installation. Add $ 3,577.00 The foregoing change results in a net increase in the contract of Three Thousand Five Hundred Seventy Seven and 00/100 Dollars ($3,577.00). Summary: Current Contract Amount $ 186,100.00 Amount of This Change Order (#1) Add $ 3,577.00 Revised Contract Amount $ 189,677.00 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 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 May 3 0, 200 1, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to C. Nichter, Inc., an increase in the amount of $3,577.00, as more fully described in the above communication, for work relating to Carmichael Center, Handicapped Accessibility, General Construction, Contract, C #92010389. Funds for this project are available in CPF 3 43 213 06 445 100 - Division of Buildings. Passed AYES - 13 - NOES - 0 NO. 45 CHANGE IN CONTRACT SCHILLER PARK ELECTRICAL CONSTRUCTION Due to unforeseen conditions, I hereby submit to Your Honorable Body the following changes for the Schiller Park, electrical construction work by Goodwin Electric Corporation. Contract #92010273. Per directions from the chief electrical inspector, the contractor is to supply and install a waterproof, lockable cabinet set on a concrete pad. Supply & install a new step up transformer from 208V to 240V - single phase and pull additional #6 wire to a new location of the control panel within the pavilion. Upgrade size of conduit to accommodate upgraded wire (approximately 60 feet of conduit and 350 feet of #6 wire. Total 4,480.00 The foregoing changes result in a total net increase to the contract of Page 24 01-0612.txt Four Thousand Four Hundred and Eighty Dollars and 00/100. Summary:Current Contract Amount$ 20,400.00 Amount of this Change Order Add $ 4,480.00 Revised Contract Amount$ 24,880.00 Costs have been reviewed by the Consulting Architect P.J. Smith & Company and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF #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 May 25, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Goodwin Electric Corporation, an increase in the amount of $4,480.00, as more fully described in the above communication, for work relating to Schiller Park, Electrical Construction, Contract, C #92010273. Funds for this project are available in CPF 35640206. PASSED AYES -13 NOES - 0 NO. 46 CHANGE IN CONTRACT TOSH COLLINS COMMUNITY CENTER SENIOR AND TEEN CENTERS ELECTRICAL WORK I hereby submit to Your Honorable Body the following changes for the Tosh Collins Community Center, Senior and Teen Centers, Electrical Work, Goodwin Electric Corp., C #92010297. 1.Replace existing electrical feeders and disconnect equipment found to be defective. Add $ 21,173.00 The foregoing change results in a net increase in the contract of Twenty One Thousand One Hundred Seventy Three and 00/100 Dollars ($21,173.00). Summary:Current Contract Amount$ 197,452.00 Amount of This Change Order (#3) Add$ 21,173.00 Revised Contract Amount$ 218,625.00 Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini, Tries, 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 35320706 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 25, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 3, to Goodwin Electric Corp., an increase in the amount of $21,173.00, as more fully described in the above communication, for work relating to Tosh Collins Community Center, Senior and Teen Centers, Electrical Work, C #92010297, Funds for this project are available in CPF 35320706 445100 - Division of Buildings. PASSED AYES -13 NOES - 0 Page 25 01-0612.txt NO. 47 CHANGE ORDER # 1 GROUP #345 EXCHANGE ST., PHASE IV ALABAMA ST. AND LARIVIERE DR CONTRACT #91965800 DESTRO BROS. CONCRETE CO., INC NO. 40, C.C.P. 9/16/97, NO. 22, C.C.P. 6/23/98 & NO. 36, C.C.P. 2/18/00 I hereby submit to Your Honorable Body the following changes in the contra for the above-mentioned Project. We have been requested to install curbs, sidewalks, etc., on Seneca Street from Louisiana Street to Alabama Street adjacent to the new Graphic Controls (Tyco) Building. Also included in this change order are quantities to close the East and West Louisiana Street Bridge Access Roads. (It No. 132 of 2/6/01). Attached list available in City Clerk's Office Funds for this additional work ($178,078.00)are available in Capital Bond Account #30017706-445 100 I hereby certify that the amount of this change order is fair and equitable for the work involved, and I respectfully request that your Honorable Body approve the above change order and authorize the Commissioner of Public Works, Parks and Streets to issue a change order to Destro & Brothers Concrete Co., Inc. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 3 1, 200 1, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Destro Bros. Concrete Co., Inc., an increase in the amount of $178,078.00, as more fully described in the above communication, for work relating to Exchange Street, Phase IV, Alabama Street and LaRiviere Drive, Contract #91965800. Funds for this project are available in Capital Bond Account #30017706-445100. PASSED AYES -13 NOES - 0 NO. 48 CHANGE ORDER 92 HERTEL AVENUE RECONSTRUCTION PROJECT CONTRACT #92010207 HARTFORD PAVING CORP. ITEM NO. 19, C.C.P. 4/4/2000 ITEM NO. 49, C.C.P. 10/3/2000 In order to provide high tech Fiber Optic capability we are requesting a chan order for the installation of (2) - 4" conduits on Hertel Avenue for future use. This will prevent possible trenching of the new pavement and minimize construction costs. This conduit would be leased through the Telecommunications Division of our Department and will create revenue for the City. We will install 2 - 4" conduits between Sterling Ave. and Delaware Ave. which has not been reconstructed yet. FU=IGURES AVAILABLE IN CITY CLERK'S OFFICE CONTRACT SUMMARY Original Contract Amount$8,329,468.50 Change Order #1$ 30,000.00 Change Order #2 (this change order) $93,620.00 TOTAL $8,453,088.50 Funds for this additional work ($93,620.00) are available in Capital Bond Account 930123806445100. I hereby certify that the amount of this change order is fair and Page 26 01-0612.txt equitable for the work involved, and I respectfully request that your Honorable Body approve the above change order and authorize the Commissioner of Public Works, Parks and Streets to issue a change order to Hartford Paving Corp. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 4, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets he hereby, i s authorized to issue change order No. 2, to Hartford Paving Corp., an increase in the amount of' $93,620. 00, as more fully described in the above communication, for work relating to Hertel Avenue Reconstruction Project, Contract #92010207. Funds for this project are available in Capital Bond Account #3 0123 8 06-445 100. PASSED AYES -13 NOES - 0 NO. 49 EAST SIDE TRANSFER STATION SALE OF UNUSED WASTE FUEL BOILER Permission is hereby requested from your Honorable Body to sell the waste fuel boiler at the East Side Transfer Station to Integrated Energy Systems, Inc. (IES) for $10,000.00. The boiler is not currently being used and there are no plans to use it in the future. The boiler is a specialty item and would not be reusable in any other City facility. The price would include the boiler's removal and any associated patching work. The Division of Buildings has reviewed the proposal and they believe the offered price is fair. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 1, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to sell the waste fuel boiler at the East Side Transfer Station to Integrated Energy Systems, Inc., in the amount of $ 10, 000.00. PASSED AYES -13 NOES - 0 NO. 50 PERMISSION TO ENGAGE CONSULTANT AND RECEIVE BIDS FOR DRAINAGE IMPROVEMENTS DELAWARE PARK CASINO ITEM NO. 26, CCP 04/17/01 Permission is hereby sought from Your Honorable Body to engage the services of a consulting engineer and to receive bids for drainage improvements to the Delaware Park Casino. The Casino has historically suffered water back-up problems in the basement which have damaged facilities at that level. Additionally, the banquet area is experiencing leaks from the patio area directly above it. The project intent is to resolve these problems. The estimated cost for the consultant is $25,000.00 and construction costs are estimated to be $225,000.00. This project was approved as part of the final 2000/01 Capital Improvement Program. Mrs. LoTempio Moved: That the above communication from the Commissioner streets dated May 23, 2001 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to engage the services of a consulting engineer Page 27 01-0612.txt and to receive bids for drainage improvements to the Delaware Park Casino. Funds for this project are available in part of the final 2000/01 Capital Improvement Program. PASSED AYES -13 NOES - 0 NO. 51 PERMISSION TO WAIVE FEE :FOR BANDWAGON RENTAL - GUS MACKER BASKETBALL TOURNAMENT The Department of Public Works, Parks and Streets, Division of Parks and Recreation is requesting permission to waive the fee for the rental of the Bandwagon for the following event: Gus Macker 3 -on-3 Basketball Tournament - Saturday, June 23 & 24, 2001. (Niagara Square, next to fountain facing City Hall) The above named event is sponsored in part by the representing group or organization and the City of Buffalo, Division of Parks and Recreation. The above named event follows the criteria that we have established for our Department's Co-sponsorship: 1. A non-religious event in a park or playground, including Niagara Square. 2. The event provides a public benefit and is free to the public. 3. An event initiated by the Mayor's Office or any City Department. 4. A event co-sponsored by City Department. The following criteria should be followed for a non-park event: 1. A daytime school event. 2. An event held during work hours that does not generate overtime costs. 3. An event that has fees waived by the Common Council. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 5, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to waive the fee for the rental of the Bandwagon for the Gus Macker 3-on-3 Basketball Tournament, June 23 & 24, 2001 in Niagara Square, next to the fountain facing City Hall. PASSED AYES -13 NOES - 0 NO. 52 PERMISSION TO WAIVE FEE FOR BANDWAGON RENTAL WAKEFIELD AVE, BLOCK CLUB The Department of Public Works, Parks and Streets, Division of Parks and Recreation is requesting permission to waive the fee for the rental of the Bandwagon for the following event -2nd Annual - "Restoring the Streets" Block Club Party - Saturday, July 7, 2001 (Wakefield Avenue Block Club - Central Park Area) The above named event is sponsored in part by the representing group or organization and the City of Buffalo, Division of Parks and Recreation. The above named event follows the criteria that we have established for our Department's Co-sponsorship: 1. -A non-religious event in a park or playground, including Niagara Square. 2. -The event provides a public benefit and is free to the public. 3. -An event initiated by the Mayor's Office or any City Department. 4. -A event co-sponsored by City Department. The following criteria should be followed for a non-park event: Page 28 01-0612.txt 1. -A daytime school event. 2.-An event held during work hours that does not generate overtime costs. 3. -An event that has fees waived by the Common Council. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 5, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to waive the fee for the rental of the Bandwagon for the Wakefield Avenue Block Club. Central Park Area 2nd Annual Restoring the Streets Block Club party Sat. July 7, 2001. PASSED AYES -13 NOES - 0 NO. 53 PUBLIC NOTICE 2001-2002 WATER RATES PUBLIC NOTICE IS HEREBY GIVEN that a public hearing will be held pursuant to Public Authorities Law Section 1048-1 on June 28, 2001 at 6:00 p.m. local time in the Comm( Council Chambers, l3t" Floor City Hall, Buffalo, New York concerning the establishment ( fees, rates or other charges by the Buffalo Water Board (the "Water Board") for the use ( or services furnished, rendered or made available by the water system of the City of Buffalo on or after July 1, 2001. A copy of these rates are available in the office of the Secretary of the Water Board located in City Hall, Room 602 and may be inspected during regular business hours after June 8. 2001. RECEIVED AND FILED NO. 54 M. MASIELLO-REQ REFUND GOLF PASS BOLAND FAMILY Dear Common Council Members: I am writing on behalf of a family who respectfully requests a refund of S250.00 (2001 seasonal golf pass at Cazenovia Golf Course) from the City of Buffalo, The family I refer to is the Boland family of West Seneca, New York. I am enclosing a copy of a letter Jennifer DelVecchio (daughter) wrote to the Parks Department outlining the untimely death of her father, Also, enclosed you will find a copy of her father's death certificate and a copy of a cancelled bank check for the golf pass. It was explained to the Boland family that only the Common Council has the authority to refund money. Due to the unfortunate circumstances included in this situation, I am asking the Common Council to make full refund of $250.00 to the Boland family. The family supported Cazenovia Golf Course for many years and a refund to the Boland family by your honorable body would help their family during this difficult and trying period. Thank you for you consideration in this matter. Sincerely, Mrs. Lotempio moved: That the above communication from the Associate Deputy Commissioner of Dunn Tire Park dated June 7, 200 1, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to reimburse the Estate of William Boland in the amount of $250.00 for a 2001 seasonal golf pass at Cazenovia Golf Course. PASSED AYES -13 NOES - 0 FROM THE COMMISSIONER OF POLICE NO. 55 Page 29 01-0612.txt FEASIBILITY STUDY (M. HEMANDEZ-REQ. NEIGHBORHOOD PART.-CENTRAL POLICE CAMPUS #94 CCP MAY 29, 200 1) The Erie County Department of Central Police Services is having the feasibility study done that you are referring to. Please contact Commissioner Kevin J. Comerford at 858-6365 or by writing to the Commissioner at the address below: Central Police Services Eric County Rath Building 95 Franklin Street - Room 230 Buffalo, New York 14202 REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION NO. 56 EST. SCARED STRAIGHT PROGRAM 162 C.C.P. MAY 15,2001 In response to "Est. Scared Straight Program" (#162 C.C.P. May 15, 2001), the Buffalo Police Department offers a wide variety of juvenile crime prevention and interdiction programs addressing delinquent behavior. In addition, the Department routinely participates in a number of programs and services focused on at risk youth in conjunction with various community-based organizations. While your resolution dated May 15, 2001 resolves that the Buffalo Police Department establishes a scared straight program, please be advised that unfortunately, the Department has no jurisdiction over the correctional facilities necessary to provide such programming. The Department appreciates your concern and would encourage you and your colleagues in the Common Council, who share your interest in the development of such programming to contact County, Local and State correctional facilities to consider offering this type of programming in order for the Department to be able to utilize such services. The Buffalo Police Department presently participates in the "A Look for Alternatives" (ALFA) youth program at the Attica Correctional Facility (see attachment). While it is not a scared straight program per se, the program does address a number of the juvenile related issues identified in your resolution. Our participation in this program is limited only to the amount of interest, parental support, and availability of the facility. Should you have any questions, please feel free to contact Chief Giammaresi at your convenience. REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION NO. 57 CERTIFICATE OF APPOINTMENT Appointment Effective May 27, 2001 in the Department of Police to the Position of Detective Contingent Permanent Promotion at the Flat Starting Salary of $ 50,635 Patrick N. O'Rourke, 299 Summit Avenue, Buffalo, New York 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 58 CERTIFICATE OF APPOINTMENT Appointment Effective May 27, 2001 in the Department of Police to the Position of: Police Lieutenant, Contingent Permanent Promotion at the Flat Starting Salary of $ 56,560 Mary E. Hanley, 163 Hinman Ave, Buffalo, New York14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 59 Page 30 01-0612.txt DIFF IN PAY RONALD LOTEMPIO JR ITEM NO. 72. C.C.P. 03/18/97 Ronald LoTempio, Jr., Communications Technician, in the Alarm Office at the Buffalo Fire Department was injured from March 1, 2001 to April 1, 2001. He is owed a difference in pay between Worker's Compensation (Allied Claim Service) and the City of Buffalo for the amount of $902.73. (see attached table) Mrs. LoTempio moved: That the above communication from the Commissioner of Fire dated May 30, 2001 be received and filed; and That the Comptroller be, and he hereby is authorized to pay Ronald LoTempio, Jr., Communication Technician in the Alarm Office in the Department of Fire in the amount of $902.73 for difference in pay allowance under the provisions of the Workers' Compensation Law from 3/l/01 to 4/l/01 for a period not to exceed six (6) months. PASSED AYES -13 NOES - 0 NO. 60 TRADE IN TWO LADDER TRUCKS AND ONE PUMPER We are sending out bids on a new ladder truck and pumper for the Buffalo Fire Department. We currently have 2 old 1985 Peter Pirsh tiller trucks and I old 1980 Mack pumper that are not in service. We would like to trade these in on a new truck and pumper. We have had problems in the past with auctioning off ladder trucks as there is no market for them. We are requesting approval to trade in the old trucks rather than auctioning them. Mrs. LoTempio moved: That the above communication from the Commissioner of Fire dated May 29, 2001 be received and filed; and That the Commissioner of Fire be, and he hereby is authorized to trade-in two (2) old 1985 Peter Pirsh tiller trucks and I (one) old 1980 Mack pumper. PASSED AYES -13 NOES - 0 NO. 61 CERTIFICATE OF APPOINTMENT (AMENDED APPOINTMENT DATE) APPOINTMENT EFFECTIVE IN THE DEPARTMENT OF: FIRE DIVISION OF FIRE COMMUNICATION, TO THE POSITION OF SUPERINTENDENT OF COMMUNICATIONS OPERATIONS, PROVISIONAL APPOINTMENT at the FLAT Starting salary of $64,081 Robert Breier, 32 Hubbell, Buffalo, 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 62 EAST SIDE TRANSFER STATION ITEM NO. 15, C.C.P., 5/22/01 I have attached the agreement between the County and the City for the operation of the East Side Transfer Station ("ESTS"). The agreement addresses the issues raised by the Council, namely: 1.)The agreement explicitly prohibits the County from charging the City any Administrative cost of any nature that the County may incur (See, paragraph 4(d)); 2.)The agreement protects the City's right to designate routes for haulers going to the ESTS (See, paragraph 4(c)). Violations are subject to fines and Page 31 01-0612.txt contract termination (See, paragraph 4(k)). As you know, the Council has already amended Chapter 479 to pin down the designated routes; 3.)The City has approval power over the operations plan and protocol of the successful bidder to include odor control and a cleaning plan for the area around the facility (See, paragraph 40)). Operations at the ESTS cannot start until the City has approved the plan; and 4.)In the event that volume reaches 1300 tons per day, the County has agreed to discuss relocation (See, paragraph 4(10)). REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL NO. 63 REFUND OF EXCESS TAXES WATERGATE 11 APTS. 1996-97 THROUGH 2000-01 Watergate was granted a limited tax exemption by Your Honorable Body in Item No. 74, C.C.P., December 28, 1971. Pursuant thereto, an agreement was executed between the City of Buffalo and Watergate providing the taxpayer with an exemption from the payment of all taxes (except for local improvements) to the extent they exceed $35,200 per year. The taxpayer has submitted proof to this office of payment of taxes in excess of $35,200 for each of the years 1996-97 through 2000-01. Accordingly, Watergate is entitled to a refund of such excess amount. Taxes PaidExcess over $35,200City's Share 1996-97$9,398.51$7,753.77 1997-9820,583.5617,166.69 1998-9919,959.5916,985.61 1999-0018,861 ~0016,484.51 2000-0115,014.7813,408.20 Total refund requested from City:$71,798,78 It is hereby requested that the Comptroller be authorized to issue a check in the amount of $71,798.78 payable to Watergate 11 representing the City's share of refund of tax over-payments for fiscal years 1996-97 through 2000-0 1. Mrs. LoTempio moved: That the above communication from the Corporation Counsel dated June 5, 2001 be received and filed; and That the Comptroller be, and he hereby is authorized to issue a check in the amount of $71,798.78 payable to Watergate II representing the City's share of refund of tax over-payments for fiscal years 1996-97 through 2000-01. PASSED AYES -13 NOES - 0 FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 64 SECOND HAND DEALER 2071 SOUTH PARK Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Second Hand Dealer License located 2071 South Park and find that as to form it is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all Page 32 01-0612.txt regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Michele Vicario. The attached thereto for Michele Vicario d/b/a South Park Appliance. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 65 USED CAR DEALER 1073 NIAGARA Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 1073 Niagara and rind that as to form it is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I rind it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Sharon Salamone. The attached thereto for Sharon Salamone d[bla Niagara-Fargo Service Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 66 USED CAR DEALER 178 WALDEN Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 178 Walden and rind that as to form it is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I rind it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Wendy Wheeler. The attached thereto for Wendy Wheeler d/b/a Stark Enterprises. This request is submitted for your approval or whatever action you deem appropriate. Mrs. LoTempio moved: That pursuant to chapter 254 of the City Code, the Commissioner of Permit and Inspections be and he hereby is Authorized to grant a Used Car Dealer License to Wendy Wheeler dba Enterprises located at 178 Walden. PASSED AYES 13 NOES 0 FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 67 GENERAL FUND GAP SHEET THIRD QUARTER 2000-01 Under this cover please find the City's General Fund Gap Sheet for the third quarter of Fiscal Year 2000-01. This gap sheet contains an estimate of year-end results as well as an estimate of the impact of current trends and other factors on the 2001-02 Fiscal Year. These estimates are based upon information currently available to the budget office. The gap sheet projects a positive result of operations of $3.010 million for the current year. The most significant differences from the second quarter's projection are as follows. First, there has been a change in the way we are handling utility reimbursements. Rather than treating the reimbursements as revenue and matching them with an Page 33 01-0612.txt appropriation we are simply charging back the third parties. Consequently, the gap sheet shows reductions in both revenue (Other General City Revenues) and appropriations (General City Utilities). Second, sales tax is projected at $58.044 million or $1.539 million less than the second quarter projection. The decline is due to new Census figures showing a reduction in population in the city vis-a-vis other cities, towns and villages in Erie County. As you know the Sales Tax distribution formula is influenced by shifts in population. Third, personal services is showing an increase because we have moved funds from the salary adjustment account to personal services to reflect increased salaries resulting from the last arbitration award. Consequently, "Other Employee Benefits" is reduced. Finally, there is a decrease in Federal Departmental Revenues due to changes in the CDBG from budget. For the 2001-02 Fiscal Year, we are currently projecting a balanced budget. The gap sheet for Fiscal Year 2001-02 is simply the budget that was passed by the Council on May 22, 2001. At this time this is the best information available to the budget office. The administration hopes this gap sheet informs the Council on the current state of city finances. As always, I am available to meet with the Council to discuss this document and any other items relating to the city's financial outlook. REFERRED TO THE COMMITTEE ON FINANCE NO. 68 LETTER FROM STATE COMPTROLLER REGARDING LATENESS OF ANNUAL FINANCIAL REPORT At the request of the Mayor, I am filing the attached letter from the State Comptroller for your information. ATTACHMENT REFERRED TO THE COMMITTEE ON FINANCE NO. 69 VEHICLE TRADE IN This is to request that the Division of Parking Enforcement be granted permission to trade-in Vehicle AF8904, a 1989 Chevy Tow Truck with 175,000 miles, for the purchase of a new 2001 wrecker. Mrs. LoTempio moved: That the above communication from the Commissioner of Administration and Finance dated June 7, 2001 be received and filed; and That the Division of Parking Enforcement be, and he hereby is authorized to trade-in Vehicle AF8904, a 1989 Chevy Tow Truck with 175,000 miles, for the purchase of a new 2001 wrecker. PASSED AYES -13 NOES - 0 NO. 70 CERTIFICATE OF APPOINTMENT Appointment Effective: 5/31/01 in the Department of Administration & Finance, Division of Treasury to the Position of Senior Administrative Assistant Permanent Promotion at the Maximum Starting Salary of: $ 43,607.00 Debbie A. Renzoni, 20 Brost Drive, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 71 CERTIFICATE OF APPOINTMENT Appointment Effective: May 28, 2001 in the Department of Administration and Finance, Division of Parking Enforcement to the Position of Tow Truck Operator, Permanent Appointment at the Intermediate st the Starting Salary of: $25,052 James J. Linkowski, 187 West Woodside, Buffalo, NY 14220 Page 34 01-0612.txt REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 72 CERTIFICATE OF APPOINTMENT Appointment Effective: May 28, 2001 in the Department of Administration and Finance, Division of Parking Enforcement to the Position of Tow Truck Operator, Permanent Appointment at the: Intermediate Starting Salary of: $25,774 Russell J. Olivieri,78 Page Street, Buffalo 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CITY CLERK NO. 73 AUTO ALLOWANCE I transmit herewith certificates of auto allowance submitted for the following individuals in the various departments listed below: Fire Dept. Pasquale J. Liberti RECEIVED AND FILED. NO. 74 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 3081 Main St. Sapienza Pizza Pub J. Sapienza RECEIVED AND FILED NO. 75 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- Fanny Rivera Police-Patty Jo Krolikowski, Krista M. Loveless, Bebee J. Watt Permit and Inspection Services- Robert Katilus, Matthew Baudo RECEIVED AND FILED. NO. 76 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: Buffalo Sewer Authority City Planning Board RECEIVED AND FILED. NO. 77 NOTICES OF APPOINTMENTS-COUNCIL INTERNS I TRANSMIT HEREWITH APPOINTMENTS TO THE POSITION OF COUNCIL INTERN Mrs. Lotempio moved the approval of the appointments to the position of Council Intern ADOPTED Appointment Effective May 25, 2001 in the Department of Common Council to the position of Intern I, Seasonal, Non-Competitive, at the flat starting salary of $7.00 hour. ADOPTED. Michael Gugino 147 London Avenue Buffalo, New York 14207 NO. 78 Page 35 01-0612.txt APPOINTMENTS-MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. Appointment Effective June 5, 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. Erin Russ 40 Vernon Place Buffalo, NY 14214 Appointment Effective June 4, 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 Michael Anderson 68 Stevenson St. Buffalo, NY 14220 Ryan Anderson 68 Stevenson St. Buffalo, NY 14220 Caitlin DeRose 302 Lincoln Pkwy. Buffalo, NY 14216 William Fulton 67 Shenandoah Buffalo, NY 14220 Catherine Keegan 15 Wingate Ave. Buffalo, NY 14216 DeAndra Krempa 116 Harding Rd. Buffalo, NY 14220 Margaret Shea 203 McKinley Buffalo, NY 14220 Nicholas Visano 310 Downing 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 Starting Salary of $5.15. Matthew Beck 12 Tenth St. Buffalo, NY 14201 Matthew Brysinski 159 Crestwood Ave. Buffalo, NY 14216 Daneil McIntosh 158 St. Lawrence Ave. Buffalo, NY 14216 William Scahall 30 Salem St. Buffalo, NY 14220 Anthony Shea 203 McKinley Pkwy. Buffalo, NY 14220 Mark Vara 157 Norwalk Buffalo, NY 14216 Appointment Effective: May 31, 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. Elizabeth Barone Page 36 01-0612.txt 27 Highgate Ave. Buffalo, NY 14214 Stefanie Dorsheimer 56 Naragesett Buffalo, NY 14220 Beth Gilmour 29 Carlyle Ave. Buffalo, NY 14220 Alexander Kirst 21 Larchmont Rd. Buffalo, NY 14214 Erin Mulderig 56 Eaglewood Buffalo, NY 14220 Brian Wigdorski 391 Villa Ave. Buffalo, NY 14216 Christopher Wilson 88 Ivy St. Buffalo, NY 14211 Appointment Effective: 5/31/2001 in the Department of Executive, Division of Mayor to the Position of Intern VI, Seasonal, Non- Competitive at the Flat Starting Salary of: $10.00. Meredith Beck 536 Auburn Avenue Buffalo, NY 14222 Alexis Klosterman-Nyhuis 55 Whitney Place Buffalo, NY 14201 Appointment Effective May 31, 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. Joseph Zera 18 Coburg Street Buffalo, NY 14216 Jennie Brummer 4 Sagamore Buffalo, NY 14214 Appointment Effective May 23, 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. Richard Vaughan 215 Crestwood Buffalo, NY 14216 Richard Whitcomb 669 McKinley Pkwy. Buffalo, NY 14220 Lindsay Zoldos 408 Cumberland Ave. Buffalo, NY 14220 Sherri Bagarozzo 141 Crestwood Ave. Buffalo, AJY 14216 Traci Bagarozzo 141 Crestwood Ave. Buffalo, NY 14216 Caitlin Donohue 132 Densmore Buffalo, NY 14220 Meghan Donohue 132 Densmore Buffalo, NY 14220 Daniel Gallivan Page 37 01-0612.txt 41 Minnetonka Buffalo, NY 14220 Aaron Livingston 217 Cambridge Buffalo, NY 14215 Michael Robertson 115 Carlyle Buffalo, NY 14220 Travall Scales 158 Timon Buffalo, NY 14208 Eldred Stevens 207 Shirley Ave. Buffalo, NY 14215 Claire Dziekan 76 Eaglewood Buffalo, NY 14220 Stanton Fears 83 Northrup Buffalo, NY 14214 Caitlan Ganley 58 Fordham Ave. Buffalo, NY 14216 Jamari Lagares 1780 Kenmore Ave. Apt. C Buffalo, NY 14216 Daniel McAleer 878 Elmwood Ave. Buffalo, NY 14222 Paul McMahon 47 Belvedere Rd. Buffalo, NY 14220 Michael Williams 554 William St. Buffalo, NY 14206 Appointment Effective May 23, 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 Sia Sankoh 50 Deerfield Ave. Buffalo, NY 14215 Appointment Effective: May 29,2001 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. Thomas Barr 54 Arbor Ln. Buffalo, NY 14220 James Cosgriff 30 Wingate Ave. Buffalo, NY 14216 Joshua Grunzweig 346 Esser Ave. Buffalo, NY 14207 Stephen Howard 434 Starin Ave. Buffalo, NY 14216 Marlica Johnson 568 Masten Ave. Buffalo, 14Y 14209 Joshua Kuberka 61 Choate Ave. Buffalo, NY 14220 Alan McNeight Page 38 01-0612.txt 342 Mackinaw Buffalo, NY 14210 Adam Mielcarek 43 South Pontiac St. Buffalo, NY 14206 Dana Moore 121 Erb St. Buffalo, NY 14215 Sean Murphy 12 Lockwood Ave. Buffalo, NY 14220 Brandon Sandor 200 Barnard St. Buffalo, NY 14206 Appointment Effective May 30, 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. Alessio Alagna 23 Lovering Ave. Buffalo, NY 14216 Charles Cannan 825 Tacoma Ave. Buffalo, NY 14216 Brendan Carlin 124 Wesley Ave. Buffalo, NY 14214 Andrew Cipolla 97 Rebecca Park Buffalo, NY 14207 Jeffrey Ford 47 Altruria St. Buffalo, NY 14220 Jabari Key 44 Hempstead Richard Masi 30 Larchmont Rd. Buffalo, NY 14214 Melanie Moritz 172 Hardin Rd. Buffalo, NY 14220 Charles Zambito 428 Taunton Place Buffalo, NY 14216 NO. 79 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. DEPARTMENT OF LAW Appointment Effective: 6/4/2001 in the Department Of Law to the Position of Intern V, Seasonal, at the flat starting salary of $8 hr. Rachel E. Williams 121 Burke Drive Buffalo, NY 14215 PUBLIC WORKS, PARKS AND STREETS Appointment Effective: 6/5/01 in the Department of Public Works, Parks & Streets, Division Of Engineering to the Position Of Laborer II: Seasonal Appointment at the Starting Salary of: $ 6.92 hr. Aaron Gatti 424 Hoyt St. Buffalo, NY 14213 Appointment Effective: 5/29/01 in the Department of Public Works, Parks & Streets, Division of Engineering, to the position of Laborer II, Page 39 01-0612.txt Seasonal at the flat starting salary of $6.92 hr. Lindsay Empric 355 Whitfield Ave. Buffalo, NY 14220 Appointment Effective: 5/29/01 in the Department of Public Works, Parks & Streets, Division Of Engineering to the Position Of Laborer II, Seasonal, at the Flat Starting Salary of: $ 6.92 Ann Marie McGrath 161 Marine Dr. Apt. #6E Buffalo, NY 14202 STADIUM AND MEMORIAL AUDITORIUM Appointment Effective: 5/25/01 in the Department of 49-Stadium and Auditorium Division of 1-Dunn Tire Park to the position of Laborer II, Seasonal , Non-Competitive, at the Flat Starting Salary of: $6.92 Roxanne Carey 229 Saranac Avenue Buffalo, 14216 David Paul 44 Pavonia Street Buffalo, 14207 PUBLIC WORKS, PARKS AND STREETS Appointment Effective: June 1, 2001 in the Department of Public Works, Parks, Streets Division of Recreation, to the Position of Lifeguard, Seasonal at the Flat Starting Salary of: $ 6.25 Carl Burdick 60 Colombus Buffalo 14220 Grace Golodinski 116 St. Joseph Buffalo 14211 Jamie Garcia 442 Woodward Buffalo 14215 Patrick Kinsley 77 Vanderbitt Buffalo 14206 Robert Mellody 153 Hollywood Buffalo 14220 Joseph Sanfilippo 222 Davey Bufalo 142l06 Andrew Smith 84 Theodore Buffalo 14211 Appointment effective 6/11/01 in the Department of Public Works, Parks and Streets, Division of Engineering to the position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 hr. Jewett M. Ashton 60 Dewey Ave. Buffalo, NY 14214 Appointment effective 6/1/01 in the Department of Public Works, Parks and Streets, Division of Recreation, to the position of Laborer II, Seasonal, at the flat starting salary of $6.92. Philip Korba 17 Eaglewood Buffalo, NY 14220 Appointment effective 5/30/01 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 hr. Theodore Kennedy 140 Herkimer St. Page 40 01-0612.txt Bflo, NY 14213 Appointment effective 5/29/01 in the Department of Public Works, Parks and Streets, Division of Parks, to the position of Laborer II, Seasonal, Non Competitive, at the flat starting salary of $6.92. Christopher Frankhauser 57 Wellington Buffalo 14216 Brian Yost 3 Tennessee Street Buffalo 14204 Appointment effective 5/29/01 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 hr. Kyle Murphy 399 Voorhees Avenue Bflo, NY 14216 Michael Carriero 2020 Niagara St. Bflo, NY 14207 Tim Arenas 261 Shumway St. Bflo, NY 14212 STADIUM AND AUDITORIUM Appointment effective 6/5/01 in the Department of Stadium and Auditorium, 1-Dunn Tire Park Division, to the position of Laborer II, Seasonal, Non-Competitive, at the flat starting salary of $6.92. Michael Taylor 234 Albany St. Buffalo, NY 14213 NO. 80 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements): REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Appointment Effective: May 28, 2001 in the Department of Administration and Finance, Division of Parking Enforcement to the Position of Tow Truck Operator, Permanent Appointment at the starting Salary of: $24,331 ADMINISTRATION AND FINANCE Linda J. Klubek 160 Gilbert Street Buffalo 14206 COMMUNITY SERVICES Appointment Effective: May 29, 2001 in the Department of Community Services, Division of Contract Administration, to the Position of Attendant, Temporary, As Required, at the Flat Starting Salary of: $ 6.00 p/h Mark Sumbrum II 19 Rutland Buffalo 14220 Appointment Effective: June 6, 2001 in the Department of Community Services, Division of Contract Administration to the Position of Supervisor, Temporary, at the Flat Starting Salary of: $ 6.50 p/h Nicholas Heidinger 172 Alabama Buffalo 14204 Appointment Effective May 29, 2001 in the Department of Community Services, Division of Youth, to the position of Youth Program Monitor, Provisional Appointment at the flat starting salary of $19,055. Roderick Aldridge 119 Hewitt Avenue Page 41 01-0612.txt Buffalo, 14215 FIRE DEPARTMENT Appointment Effective May 28, 2001 (Amended Appointment Date) in the Department of Fire, Division of Fire Communications, to the position of Communications Maintenance Supervisor, Provisional Appointment at the minimum starting salary of $35,057. Ronald Garrett 56 Kamper Buffalo, 14210 DEPARTMENT OF LAW Appointment effective June 4, 2001 in the Department of Law to the position of Legal Secretary, Permanent Appointment at the starting salary of $27,773. Lisa M. Lickfeld 41 Pritchard Buffalo, NY 14210 MAYOR AND EXECUTIVE Appointment Effective June 4, 2001 in the Department of Mayor and Executive, Division of Citizen Services, to the position of Complaint Clerk, Provisional (Pending Non-Competitive Status) Appointment at the Minimum Starting Salary of $23,049.30. Joyce Franz 329 North Ogden St. Buffalo, NY 14206 DEPARTMENT OF POLICE Appointments Effective May 28, 2001 in the Department of Police to the position of Crossing Guards, Temporary, Non-Competitive, at the minimum starting salary of $7.09 Stephanie Medley 297 Mortimer St. Buffalo, NY 14204 Tonya Tripi 60 Delham Ave. Buffalo, NY 14216 Appointment Effective June 4, 2001 in the Department of Police, to the position of Laborer I, Temporary, Non-Competitive, at the Minimum Starting Salary of $9.86 Kevin P. Cannon 186 Goethe St. Buffalo, NY 14206 PUBLIC WORKS, PARKS AND STREETS Appointment Effective June 4, 2001 in the Department of Public Works, Parks, and Streets, Division of Water, to the position of Account Clerk, Permanent Appointment, at the Minimum Starting Salary of $25,005. Margaret Hanrahan 134 Cambridge Avenue Buffalo, New York 14215 Appointment Effective June 4, 2001 in the Department of Public Works, Parks, and Streets, Division of Buildings, to the position of Account Clerk Typist, Temporary Appointment, at the Minimum Starting Salary of $25,005. Jason Kline 2289 Delaware Avenue Buffalo 14216 Appointment Effective 5/29/01 in the Department of Public Works, Parks and Streets, Division of Engineering, to the position of Bridge Operating Engineer, Provisional Appointment, at the minimum starting salary of $25,417. Daniel H. Maloney 51 Trowbridge St. Buffalo, NY 14220 Appointment Effective June 4, 2001 in the Department of Public Page 42 01-0612.txt Works, Parks and Streets, Division of Recreation, to the position of Community Recreation Aide, Provisional Appointment, at the minimum starting salary of $27,245. Stephen Rogers 69 19th St. Buffalo, NY 14213 Appointment Effective June 11, 2001 in the Department of Public Works, Parks and Streets, Division of Recreation, to the position of Supervising Lifeguard, Temporary Appointment, at the flat starting salary of $6.50. Regina Barrett 62 Riverview Place Buffalo 14210 Timothy O'Connor 190 Cumberland Buffalo 14220 Appointment Effective May 29, 2001 in the Department of Public Works, Parks and Streets, Division of Recreation, to the position of Supervising Lifeguard, Temporary Appointment, at the flat starting salary of $6.50. David Borne 131 Kail Buffalo 14207 Dracey Gates 676 Riley Buffalo 14211 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 81 D CONBOY- BUFFALO DISTRICT RESERVATION ERIE COUNTY, NEW YORK - OPERATIONS & MAINTENANCE (BUILDINGS I AND 2 ROOFING) SCOPING FACT SHEET 1. Introduction. Implementation of the National Environmental Policy Act requires that Federal agencies initiate "an early and open process for determining the scope of issues to be addressed and for identifying the significant issues related to the proposed action." The purpose of this fact sheet is to disseminate information on proposed Corps of Engineers activities and to elicit the concerns of affected parties. 2. Project Location: The Buffalo District Reservation of the U.S. Army Corps of Engineers is located at the south end of Dann Street along the Niagara River waterfront in the city of Buffalo, Erie County, New York (Figures 1 and 2). The District Reservation encompasses a 30-acre area containing two administrative buildings (Buildings 1 and 2), a warehouse building (Building 5), a machine shop (Building 3), a storage building (Building 6), a small brick guard house, an oil storehouse/electrical substation (Building 4), a boat slip, the Black Rock Lock and a portion of the Black Rock Canal. The scheduled repair work is proposed for Building I and Building 2. Building I is the District Reservation's main office building. The two-story building was constructed in 1957 and was converted from a garage/warehouse in 1976. The building has a flat roof and is faced with yellow brick. The last major rehabilitation work completed on the building included the installation of ductwork for its heating-ventilation-air conditioning (HVAQ system. Building 2 is a rectangular, two-story, flat-roofed, yellow brick-faced, Beaux-Arts style office building. The building was completed in May 1924. The building initially housed a repair shop, boat supplies stores, coal storage, and blacksmith shop in the basement; and a supply room, superintendent's office, carpenter shop, and storeroom in the first story. The second story was initially unfinished. Page 43 01-0612.txt The building was renovated in 1979. This renovation included major changes to both the exterior and interior. Exterior alterations included removal of the west entrance to the building and its replacement by a steel-framed and acrylic stair tower; removal of existing double-hung sash windows and replacement with single light tinted glass, aluminum-framed windows; and removal of the cast doors and surrounds and replacement with metal-framed doors, sidelights, and transom. Interior alterations included removal and reconfiguration of partitions, replacement of fixtures, installation of dropped ceilings, as well as upgrading of the plumbing, mechanical and electrical systems. Minor rehabilitation also took place, including pointing of the chimney bricks and removal and replacement of deteriorated concrete on the east steps. In 1985, Building 2's HVAC system was upgraded as part of a general system upgrade at the Reservation. The building has been vacant since 1998 and was actually considered for demolition in 1998. An historical/architectural survey of the Reservation conducted by John Milner Associates recommended the building as a contributing resource within a potential Black Rock Lock and Canal Historic District (September 1994). However, when they were consulted on October 10, 1998, the New York State Office of Parks, Recreation and Historic Preservation stated that its demolition would "have No Effect upon cultural resources in or eligible for inclusion in the National Register of Historic Places" (94PR2180, November 18, 1998). Since this time, however, Building 2 has been recommended for re-occupation for additional administrative office space and the development of a lower Great Lakes visitor center. 3. Project Description. The proposed work would involve all work necessary for the removal, disposal, and installation of A components and accessories for new roofing systems on Buildings 1 and 2. Design and material specifications would be completed by the project contractor subject to the approval by the Corps of Engineers. The roof would be required to remain watertight for 15 years from its date of installation. Other design requirements address flame-spread retardation, wind uplift, and drainage. Performance requirements include resistance chemicals present in the roof-mounted HVAC equipment and support for anticipated foot traffic required to maintain the equipment. Since the present roofing material is known to include nonfriable asbestos-containing material, the contractor would be required to submit an asbestos abatement plan for approval detailing compliance with Occupational Safety and Health Administration (OSHA) and U.S. Environmental Protection Agency requirements. All demolition materials would be removed from the property and disposed of at an approved New York State disposal site. The proposed work is scheduled to commence in July 2001 and would be completed within 90 days. 4. Alternative Plans. The contractor would be required to evaluate alternative roofing systems (e.g., spray-coating) provided they can provide the stipulated 15-year watertight warranty. 5. Potential Impacts. Overall, the proposed project would result in no significant adverse environmental impacts. Plans and specifications are being developed to include special considerations to protect the environment and worker health and safety. Table 1 presents a general assessment of the environmental impacts associated with the proposed rehabilitation work. 6. National Environmental Policy Act (NEPA) Compliance. The type of work proposed under this project involves routine maintenance activities at a completed Corps of Engineers project which carry out the authorized project purpose. Therefore, under the provisions of 33 CFR 230.9(b), the proposed installation of new roofing on Buildings 1 and 2 is categorically excluded from further NEPA documentation at this time. In accordance with Engineer Regulation 200-22, a Record of Environmental Consideration documenting this categorical exclusion Page 44 01-0612.txt will be prepared and signed by the Buffalo District Commander. Although an EA or EIS is not required because of this categorical exclusion, the proposed project may not be exempt from other Federal laws. Therefore, Table 2 presents a comprehensive list of environmental statutes and executive policies. The dissemination of this fact sheet complies with the coordination/consultation requirements mandated under their provisions. 7. New York Coastal Management Program Consistency. The Buffalo District Reservation lies within the coastal area of New York State and therefore falls under the purview of the New York Coastal Management Program. The installation of new roofing systems is not listed as a Federal activity affecting land and water uses and natural resources in the coastal zone of New York State (New York Coastal Management Program Routine Program Change, April 2001). Consequently, analysis of the scheduled roofing project at the Buffalo District Reservation has concluded in a negative determination. 8. Point of Contact:William E. Butler Environmental Protection Specialist Environmental Analysis Section Telephone No.:716.879.4268 Fax No.:716.879.4355 E-mail: william.e.butler@usace.army.mil You may review the preceding information and present any comments or recommendations in writing to Mr. Butler's attention at the following address: U.S. Army Corps of Engineers Buffalo District 1776 Niagara Street Buffalo, NY 14207-3199 Please provide your comments/recommendations by June 15, 2001. Thank you for your involvement in this project. RECEIVED AND FILED NO. 82 AL. COPPOLA INFO NIAGARA MOHAWK Any rate hike Niagara Mohawk would receive to make up losses would be passed onto the ratepayers. The Buffalo Common Council should be on record in supporting State Attorney General Eliot Spitzer to turn back any increase to the ratepayers of Niagara Mohawk. Here are some of the reasons: 1. Affidavit from a 43 year employee, retired as Executive Vice-Pres. of Operations. Read items 68 and 69. 2. The New York Times Article Wednesday, March 25, 1998. 3. Stockholders lawsuit, Article of 5-27-88. 4. Articles of August 1986, this Article really shows why we should be supporting Atty. General Eliot Spitzer. 5. Three other Articles in August of 1986, reveals why the ratepayers are getting hammered today and our economy is down. 6. Two projects were started at the same time Nine Mile 2 started. Both projects, same size finished on time and with in budget - Berwick, Pa. and Limrich, Pa. both managed by Bechtel Con. from San Francisco, California. Stone and Webster was the only company to manage the construction of Nine Mile 2. Coincidentally some of the employee's went on to work for Niagara Mohawk and the Public Service Commission. Al Bundy President for NiMo., Paul Eddie with the Public Service Commission. The history of Niagara Mohawk speaks for itself, today we pay the second highest electric bills in the State of New York and the second highest in the country. Atty. General Spitzer is asking why, so should we? REFERRED TO THE SPECIAL COMMITTEE ON ENERGY Page 45 01-0612.txt NO. 83 C. FISHER-ED FUND FOR GREATER BUFFALO Dear Mr. Michaux: I hereby submit for filing copies of a letter from members of The Education Fund for Greater Buffalo. This group is asking to address the concerns regarding the amount of money set-aside for parent involvement by Mayor Anthony Masiello. the education fund for greater buffalo We are in receipt of a copy of an April letter sent to you by Parents for Public Schools spokesperson, Valeria Aldridge. We wish to address the "immediate concern " raised in the letter regarding an amount of money earmarked for parent involvement by Mayor Anthony Masiello. The letter suggests that the funds are difficult to trace and not supporting parent organizing. Let us convey the following facts to you: Members of the Parents for Public Schools organization were involved and instrumental in securing the $150,000 allocation from Mayor Masiello as well as recommending that the Education Fund for Greater Buffalo manage the grant program. Once the Ed Fund assumed the responsibility for fund management, a carefully delineated process was begun to manage the funds openly and with the full involvement of parents. We called upon our Parent Advisory Committee - primarily made up of current or former members of Parents for Public Schools to help us design a Request for Proposals (see attached). The RFP reflects the expressed intent of the Mayor and our parent advisors to have parent involvement linked to increased student literacy. The RFP was broadly distributed to all Buffalo schools, parent organizations, not-for-profit organizations, etc. We also held a "Best Practices" Conference at the Waterfront School on November 20, 1999, open to all and required for all who wished to apply for funds. By the deadline of January 14, 2000, we received 25 applications. Those applications were reviewed carefully by a committee that included parents, including members of PPS (see attached). On April 19, nine grant award recipients were notified and recognized by the Mayor at a press conference held in May at Harbor Heights Elementary School 44. A full list of awardees is attached that describes the nature of their programs, collaborating organizations. and award amounts. A Component Fund of the Community Foundation for Greater Buffalo 712 Main Street, Buffalo, New York 14202 Office: (7 16) 843-8895 Fax: (716) 843-8899 Web Site: www.efgb.org For whatever reason, Parents for Public Schools chose not to submit an application for support through this grant program, although they could have done so. Due to the summer recess, and the teacher strike at the beginning of the school year, most of the grant programs got a delayed start and are just now finishing their proposed activities. To date, we have received two progress reports from each site, and anticipate final reports on or before June 29, 2001. Clearly, this is a program that is eminently traceable and designed with considerable parental involvement. It is also important to note that the Education Fund has received no direct support for the management of this grant program. All of the funds are re-granted to other groups through a carefully designed and monitored grant management process. A small portion of funds were used for expenses to conduct the Best Practices Conference in November, 1999 and the Community Walk Survey of parents in October/November 1999. Considerable staff Page 46 01-0612.txt time has been and continues to be expended to manage the program with no reimbursement for those costs. We have just begun to discuss the process for a second round of funding should we receive a second allocation of $150,000. Although we have received verbal assurance related to a second round, we must await a final city budget before we can plan with certainty, We anticipate assembling another planning committee, that would include parents, Certainly we approach a second round of funding with more understanding of capacity and needs than we had when we embarked upon the first round. The top priority of the Education Fund is to improve student achievement in schools of greatest need. We see the involvement of parents as critical to that end. We would like to discuss parent involvement and the future of the Buffalo Public Schools with you further. We will call you in the next week to arrange a convenient time for us to meet. Thank you for your interest. Sincerely, REFERRED TO THE COMMITTEE ON EDUCATION AND THE COMMISSIONER OF ADMTNISTRATION AND FINANCE NO. 84 F. RAMADHAN-CONCERNS GRANDSONS SPECIAL NEEDS I hereby submit for filing copies of a letter from Ms. Fatima Ramadhan, a concerned grandmother. She is requesting the help and support from the Common Council in reference to her Grandson Ahmed Ramadhan. In the year of 1997 my grandson Ahmed Ramadhan was under the Boces Program at the Maple West in the town of Williamsville NY, Where upon their goal was to teach handicap children the necessary skills to maintain their life in this world. It consisted of Advanced sign language, home and careers, Gymnastics, Arts and Crafts, Computer Literacy, Field Trips, Plays and Movies, and he was also learning how to Swim. My Grandson would come home in the afternoon Exhausted showing that he had worked not only his mind but his body as well. At night he would fall asleep with ease and wake the next morning excited and prepared to learn more of what the Boces program was offering. To my misfortune, my landlord was selling the home I had rented (as well as other homes) to build new apartment complexes. Not having the adequate time to find housing I moved back to buffalo where my grandson's a d problems began. Now its winter of 1998, and I'm back in buffalo where I was told by the Board of Education, they had no openings or placement that could deal with Ahmed' special needs. My grandson was out of school for 4-5 months. I don' know who called the child abuse program but one day I got a knock @ the dc asking me why my grandson was not attending school. I had told him that the fault was not on me but by the Board of education. Because my grandson was liked and treated well at maple west I constantly stayed in touch with one of the named Patty Hall whom was concerned about him. She told the child abuse agency why he wasn't in school. The child abuses agency Investigated and f out that it was not my fault but the Board of Education's Fault. To cover this the Board of education then "Stuck" him into school 45 where he really did belong. My grandchild is non-verbal and the teacher was not trained to deal my grandson special needs or way of speaking through advanced sign Lang realize this when I was called in to pick him up from school because of a la Problem where the teacher was not trained in that field, and told me she do know why they put my grandson there. Well I didn't let him go back and confronted the Board of Education to where he should be placed from there (Although I knew in my heart the only remedy was to move back in to Cheektowaga or where the Boces program covered. Eventually my grandson put into Cantalian center of learning located on main St. because I am not catholic my concern Page 47 01-0612.txt was my grandson being exposed to catholic traditions and eating 0 pork. I was assured that my concern was well taken and my grandson was not going to be taught catholic ways or will be fed pork. Throughout my Grandson young life his peers gave him the name "happy boy" or "happy Camper." And the only time my grandson didn't smile was when he wasn't feeling well (and he was always smiling.) However moving back into buffalo, a few months here in this school and a couple of months at #45 it was here at Cantalian where my grandson was physically abused. I received a phone call one day advising me to rush to the school to take my grandson to the hospital because he had sustained a head injury in school. Just to take a step back, a week before this call I received a call from someone calling himself "Patrick" (which later I found out his full name to be "Patrick Basir"). He had asked me "why haven't my grandson been attending school", I told him that "my grandson was getting over a virus and he was out sick for three or four days, where upon I asked, "who are you?" And he replied "my name is Patrick your grandchild new teacher. Red Flags began to go up. Because his Demeanor was so non Professional that I know I had to visit my grandson school to meet this Patrick. AE I always do when my grandson has a new teacher, I like to feel them in on my grandson's background, and things of this nature, and to show my interest in them that by being his teacher, I want to be aware of his progress and lack of progress. So when my grandson went to school a couple days later I also went with him, there I met Patrick, his demeanor once again was non-Professional as on the phone. I began to inform him on some history on the background of my grandson. It was clearly obvious he was not interested in the well being of my grandson. (His eyes rolled to the ceiling, he would twirl his thumbs around each other.) So I asked him "am I taking up your time?" and he answered "no." as I began to tell him more about my grandson, he still showed he wasn't concerned. So I ended and left. Needless to say, I was left with an uneasy feeling of Mr. Basin Now to move forward on, I arrived to the school and the school director Joan Bartholomew, met me at the door and took me to the nurse's office where my grandson was. Patrick and the head nurse were sitting there also. Patrick told me my grandson fell back while climbing on the window cell, But told his teacher aic (who was in the ladies room and heard the emergency call over the speaker, and rushed to find Patrick and my grandson alone,) that he had fell over a young girl leg while she was laying on the floor. (There is thick carpeting in this particular room. It was clear that Patrick had holes in his story. Feeling that something wasn't right I asked the school director could I talk to her, about my concerns that, Patrick was the cause of my grandson injuries. She denied and played the whole thing down. What she knew at the time and I didn't is, that Patrick basir was reported to the administration numerous of times by parents and staff members witnessing the abuse on my grandson. Patrick stands at least 6ft tall maybe 250 to 300 pounds. Where my grandson stands 3ft about 55 pounds. It was told to the administration that my grandson would be in a submission lock, with his arm twisted around his back, and Patrick other arm around his neck putting him in a choke hold. He would be picked up slammed into a wooden bench, from other abuse and I was never notified of these incidents. Looking back at the time when he was under Mr. Basir care all I knew was on certain days my grandson would come home vomiting, he would rub his arms till he fell asleep from pain or just very solemn or sad as if something had happen to him that day. When the truth was clear to me about what was happening to my grandson I was very hurt and heartbroken from the treatment my grandson had to endure, when I confronted the director she had told me."Yes" Mrs. Ramadhan there is problems here and I have complained to my supervisor, and they haven't been any change yet and her hands is tied. I told her well my hands are not tide and I will do all I can to make sure this will not Page 48 01-0612.txt happen to my grandson or any other child in this school again. I had a meeting with the director's supervisor where upon she told me that the matter will be looked into. Patrick Basir got two months "with" pay and returned back to the school. One thing that stands out in my mind that Mr. Basir told me, when I had visited the school that day, that he himself was born with a disability. (It is obvious that his disability was more serious than he Acknowledge was), how could he teach my grandson when he also have a disability. I went to police headquarters afterwards and filed a report against Patrick were detective Capzoto head of the child abuse department. Wrote my complaint and did not hesitate to tell me that he himself at one point slammed his child into bench as my grandchild was slammed, as I was leaving his office, his last words was "don't be surprised if nothing comes from this. On my way home I couldn't help but think that if you discipline your child and someone calls child Abuse, they would be there the same day or the next, and here was a detective telling me "don't be surprised if nothing comes from this" and nothing did. My grandson was taken out of Catalician and moved to the Heritage center (where he had started school when he was five) located in Tonawanda. There I thought it would be different because they knew him when he first started school. Within two months my grandson sustained a head injury. He and other children were playing in the gym supervised by the aid. Because of my grandson at birth both knees had a slight bend in them which makes him walk on his toes, so when he was running in the gym he couldn't make a complete stop and he went flying into a brick wall Reopening a head injury that occurred two days prior to that when another student hit him wit a seat buckle. The aid that was with my grandson rushed to stop the bleeding and to handle an excited little boy who was traumatized by the pain and blood he was loosing. The aid name was Mrs. Tides. She called out to other teachers and therapist who also was in the gym that day (they didn't respond to her call) there's a procedure in any head trauma called skip that all teachers are trained in, so I don't see why anyone else couldn't help. It was clear that no one was going to respond to her call and they didn't. I received a call from a nurse maybe a half-hour later telling me my grandson sustained a head injury. I began t( question the severity of his head injury, and was it on the same side. Her response was I don't know 1 haven't seen him. I didn't want to talk to her any further. Mrs. Tides (the aid that came to my grandson injury) told me that the school wanted to put my grandson on the bus to be sent home, but she thought his head injury needed to be treated. I asked her if she could take him to the hospital and I'll meet her there? She said no problem. Ten minutes later I received another call from the head nurse telling me the head injury was not serious and that the bleeding had stopped. so I asked the nurse the severity of my grandson injury and was it on the same side where he had sustained an head injury two days prior. She told me that it was on the opposite side, and that Mrs. Tides had over stepped her boundaries by calling my grandson injury and-me-was not that serious. With that I agreed to let him come home on the bus. When my grandson arrived at home it was clear the nurse did not see my grandson injury. It was the same injury that he had reopened a couple days prior. Shortly after that Mrs. Tides arrived at my home informing me of what took place and the lack of professionalism my grandson received at the Heritage center. Needless to say that was the last straw that over loaded my concern, that the care of my grandson was receiving from the Board of Education and the schools that he was placed. Confronting the Board of Education once again as to my concern as to what was happening. They act like they were the victims and I was the troublemaker. I opted for home schooling at that point, only to be told that having a child with disability I must deal with the Board of Education, only to be told by the director of the Committee on Special Education that since I opted for Page 49 01-0612.txt home schooling I had to deal with that, because the schools where he once attended no longer wants him. I told her "what make you think I want him back to Catalician anyway. So here I am searching for an attorney only to be told that they could not help me because it would be held up in legation, and they don't have the time. So I ask you. IS YOU CHILD SAFE? For the handicap and non-verbal? Who will speak for them if others and I don't tell our stories about those who are on payroll to help the disabled but are clearly not qualified in their jobs and responsibilities. There was two occasions that I had witness coming to Catalician unannounced one day that could be classified as cases of child abuse How many more abuse that is taking place that is not being reported in buffalo and around this country, that will not be talked about because the handicap cant tell there story's to their love one's or anyone at that. One way to bring a solution to this sad and difficult problem is I urge that anyone who reads my story could call, write there legislators to bring about the Boces program in the inner city were qualified teachers could perform their professional work that would enable our loved ones to be given the skills to sustain their existence in this world. REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION NO. 85 C FISHER 1992 EXEC SUMMARY -DIV MIN/WOM BUSINESS DEVELOPMENT I hereby submit for filing copies of a letter from David R. Hayes, Assistant Corporation Counsel. The Law department is requesting a copy of the full report (4 volumes) and appendices of the 1992 Executive Summary from the findings of the Division of Minority and Women Business Development of the Department of Economic Development, "Opportunity Denied'. This is a study of Racial and Sexual Discrimination Related to Government Contracting in New York State. Per the Committee's request on April 9, 2001, at its monthly meeting, enclosed is a copy of the 1992 Executive Summary from the findings of the then-Division of Minority and Women's Business Development of The Department of Economic Development, "Opportunity Denied! A Study of Racial and Sexual Discrimination Related to Government Contracting in New York State." The Law Department, however, does not have a copy of the full report (4 volumes) and appendices. As indicated in CCP, 12/14/1999, No. 44, from the Law Department, the City did not join in this state disparity study back in 1992 and it is unclear whether a state study from almost ten years ago is specific and current enough to justify present participation goals (especially if these goals exceed those enacted by the state). The state department that conducted this study is now the Empire State Development Corporation, Office of Minority and Business Development. The Committee also requested a copy of the spreadsheets I devised summarizing MBE and WBE participation programs in other jurisdictions. Enclosed is a copy of the two spread sheets, one summarizing the programs and the second outlining the goals set forth in the various programs. The programs table outlines the jurisdiction, the type of program, authority for the program, whether a Croson disparity study was conducted or is pending, whether the program was legally challenged (including citations to published decisions on their respective programs), and what entity administers the program. The participation goals table lists jurisdiction with present goals programs (excluding certain New York State jurisdictions which no longer have such programs), the type of program, the general MBE and WBE participation goals for those programs, percentages (if applicable) for construction, architectural and engineering services, general services (such as purchasing, office supplies, printing, and other miscellaneous services), and other professional services. Each jurisdiction handles its Page 50 01-0612.txt MBE/WBE programs differently, so some specify by ethnic group (for example, Rochester) or by type of procurement opportunity (again, for example, Rochester). Note, these documents are works in progress as we learn of other jurisdictions and the details of the jurisdictions listed therein (for example, we are awaiting further information from Albany, New York, on its program). If you have any further questions, please do not hesitate to contact me. REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE NO. 86 C FISHER-PROPOSAL-BFLO VOC TECH CTR I hereby submit for filing copies of a proposal regarding Buffalo Vocational Technical Center. Citizens are asking the Council to review their community proposal for the North Star Career Center. REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION NO. 87 C. FISHER -CITY OF BUFFALO SNOW PLAN 2000 - 2001 I am pleased to present the City of Buffalo snow plan for the 2000-2001 winter season to the Common Council. With the continuing cooperation of the Council, my administration has been able to clear our streets of snow in a timely and cost effective manner. New equipment has been added, and older equipment has been rehabilitated. With the "odd/even" snow removal strategy implemented last year, we have streamlined our snow removal effort throughout the City's residential neighborhoods. I submit this plan to you with the assurance that we are prepared for whatever Mother Nature brings our way. COPY OF ITEM AVAILABLE IN THE CITY CLERK'S OFFICE REFERRED TO THE SPECIAL COMMITTEE ON STREETS SERVICES NO. 88 K. HOBBS-R TAYLOR CONCERNS KEN BAILEY COMM CTR Please file this response to an item that is currently in Legislation Committee. This response is filed to document the resolution that has addressed concerns at the Ken-Bailey Community Center 2777 Bailey Ave., Buffalo, New York 14215. On March 20, 2001, the Executive Committee of the Board of Directors of Kensington Bailey Community Center received a letter from Acting Director Cheryl Buttino containing grievances from several staff members concerning the actions of board member Michael Scott. The Executive Committee discussed this issue with Acting Director Cheryl Buttino and decided to forward a letter to Mr. Scott listing the grievances for his information and response. On March 3rd the Board of Directors received a response from Mr. Scott. On April -) the Board of Directors met in special session to discuss the staff grievances and Mr. Scott's response. The Board directed the Personnel Committee to meet with each staff member who had a grievance and to file a report at the next meeting On April l2th the Board of Directors again met in special session to discuss this issue, The Board received the report of the Personnel Committee and listened to Mr. Scott's response. In response to one grievance, Mr, Scott indicated that he had the permission of the President of the Board, and the President confirmed this. The Board then meet in executive session and after intense discussion decided upon the following actions Michael Scott will resign from his position as Building Committee Chair and not run for any office in the upcoming election. Page 51 01-0612.txt Edward Daniels will not run for any office in the upcoming election. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 89 B GRANT-J DAVIS MCCARTHY PARK KENSINGTON LITTLE LEAGUE Please file enclosed correspondence for Tuesday, June 12, 2001 Common Council Meeting. Thank you for your attention to this matter, if you have any questions, please feel free to contact my office. Kensington Little League (K.L.L.) is the oldest Little League chartered organization in Western New York. K.L.L. was founded in March 1955 and played at the former Libby Owens Field at Kensington and Northumberland Avenues. In, 1971, the old LaSalle Quarry was converted into MaCarthy Park, which has been the home of K. L. L. ever since. Over the years, McCarthy Park fell into disrepair and became 2 dumping ground for garbage and a favorite spot for late night drug dealing and vandalism. K.L.L. continued to offer a baseball program for children of the Kensington Bailey area and we even performed routine maintenance of the Park. When the renovation of McCarthy Park was proposed we were delighted and, through the McCarthy Park Steering Committee started by former council person Kevin Helfer, we worked closely with Parks and the architect to develop a park which would meet the need of K L. L. and provide increased opportunities for organized sports activities for the youth in the community. We were initially advised that we would have to play our games at another location for one, maybe two years. It is now four years and the Parks Department is telling us that we still cannot play in 9.yr home park. The reason given is that the outfield grass has not grown sufficiently enough for the Park to be opened. This is the same excuse that we were given last year and we do not believe that this reason should keep us from playing in McCarthy Park. First of all, McCarthy Park is presently being used for practices by high school teams and other groups from outside the community and the Parks Department has done nothing to discourage this. Secondly, how much damage can little league players do to a field that allegedly has no grass. The time to seed the field is in the fall. The practical consequence of the decision to prevent K.L.L. from playing is that everyone else will be allowed to play on our fields. Lastly, we depend on McCarthy Park for a good percentage of our registrations. Often we begin practicing and playing, our presence attracts youngsters and their parents, who become a part of our program. Our absence from the Park has significantly reduced the number of now registrations. Our continued absence from the Park would severely jeopardize the future of Kensington Little League. Some of us feel this is precisely what the city wants. The Parks Department has advised us that it is possible that we could play at McCarthy in a few weeks, if the gross grows. This was told to us on June 4, and since then we have had a significant amount of rain that has induced the grass to grow. Yet the Parks Department has not given us the OK to play at McCarthy Park. Despite concerns expressed by the Parks Department concerning releasing the contractor from his obligations under the contract should McCarthy be accepted in its present condition, the City can and should find a way to allow us to begin our season in our park. Given the inconvenience that we have suffered these past years, the City should be banding over backwards to find a solution that enables us to play. We implore you to do so. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS Page 52 01-0612.txt No. 90 Betty Jean Grant W. Skipper Notice of Claims This letter is to update you on the action that has been taken regarding, Legal Claims which you filed on Thursday, April 05, 2001. The Law Department has forwarded the following response as detailed below. THE CITY OF BUFFALO LAW DEPARTMENT INFORMED OUR OFFICE THAT A CLAIM FORM WAS MAILED TO HE CALLER AS REQUESTED. We will continue to work, with them regarding your concern until we can reach a resolution on this matter, if it is not completely resolved. Your concerns are important to me and I am committed to ensuring that my departments work for you, the taxpayer. Should you have additional concerns, Please contact my staff at: 201 City Hall 65 Niagara Square Buffalo, NY 14202 Attn: Special Assistant to the Mayor I assure you that we will do everything possible to address your concerns to the best of our ability and within the limits of our budget. REFERRED TO THE COMMITTEE ON CLAIMS No. 91 R. Fontana Oak-Elm Arterial Concerns with Wall Unit by Great Wall Media I have concerns with Great Wall Media's application to place a 15' x 35' wall unit in the Oak-Elm Arterial. In my almost fourteen years with Penn Advertising and now Lamar Advertising, I have had approximately sixteen to twenty requests by property owners (not counting requests along Ellicott or Michigan) to place non-accessory signage along either Oak or Elm Street. We have been precluded because no non-accessory signage is allowed in this district. Currently there are only two (2) legal non- conforming, non-accessory signs on either Oak or Elm Street. Lamar Advertising would have to protect its interest if non-accessory signage is allowed in this district. To look at each instance separately, I believe would be subjective and if denied, could be construed to be arbitrary on the City's part. Also, precedent is being set which contravenes the sign ordinance which we have both worked hard to uphold. I would ask that Great Wall Media to have to follow the same regulation that Lamar Advertising has followed. However, if the rules were changed, Lamar would have to conform to the new rules. I am sure the Council will do what is appropriate. Should you have any questions or if I may be of any assistance, please do not hesitate to call. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL Page 53 01-0612.txt NO. 92 ADELPHIA CONNECTION Adelphia is pleased to send you this advance copy of our most recent customer newsletter, Adelphla Connecilon. With our last edition, we asked customers to complete a survey about our company and the service we provide. The response we received via our website (www.adelphia.com) and through the mail was gratifying and valuable. While the data that we have received is still being compiled and analyzed, we're using the current edition of our newsletter to answer some of the more frequently asked questions raised by our customers and assure them that their responses will be used to improve our service. Adelphia is, as always, committed to providing the best entertainment value, the latest technology and the highest level of customer service, Also featured in this Adelphia Connection is our high-speed Internet access service, known as Adelphia Power Link in most areas. More than half of the U.S. adult population is now using the Internet, resulting in the growing demand for fast and reliable service. We are aggressively rebuilding all of our cable plants so we can provide this service to every Adelphia customer. Thank you for taking the time to read Adelphia Connection. As always, I am anxious to hear any input you might have on these topics or any other aspect of Adelphia's service. Please feel free to contact me at any time. REFERRED TO THE COMMITTEE ON TELECOMUNICATIONS AND THE OFFICE OF TELECOMMUNIATIONS NO. 93 SUPPURT LIBERTY BUILDING ADDRESS 424 MAIN ST This is in reply to your request for the official US. Postal Service position regarding the request from Patrick Hotung, Genera! Manager of Main Place Liberty Group, to change the Liberty Building's primary address from "424 Main Street, Buffalo NY 14202" to "Liberty Building" and thereafter to designate "424 Main Street" as the alternate or secondary address. In this matter, I have authority to speak on be half of Buffalo postmaster Donald Gross. Joseph Dileo, manager of Address Management Systems for USPS, advised me that for many years our systems have included BOTH addresses, so we do not anticipate any problems nor have we been advised by anyone in the Liberty Building of delivery problems related to this sper.1fic addressing issue. AS such, the Postal Service wouId not be opposed to any Common Council resolution to recognize the prestigious address Liberty Building," as the primary address and "424 Mail Street" as an alternate address. However based upon our experience with similar situations, we remain concerned about the impact that such a change might have, inadvertently. For example, at the very least, we would insist on all tenants being advised that our systems recognize and REQUIRE 'complete* addressing to work property. By "complete addressing," we mean the site number MUST be used, in addition to the individual's name, followed by the firm name, followed by the suite number with prestigious address, followed by the city/state/ZIP Code: EXAMPLE: JOHN DOE (individual's name in attention line) BAKER, DORR & SMITH, PC (narne of firm or company) 324 LISESTY BUILDING (delivery line) BUFFALO NY 14202 (city, state and 5-digit ZIP Code) Our concern is that even though tenants may follow these instructions, their correspondents may drop the suite number. That would result in delivery problems for both our customers and us. We acknowledge Page 54 01-0612.txt this as the same problem as when someone uses **424 Main Street without the suite number. Second, how would this change impact people unfamiliar with the city? A complete delivery address (i.e., the phyical address) serves to locate a specific location far better then any landmark or prestigious address designation. We have worked hard throughout the nation to eliminate problems with the delivery of emergency services, including 911 service, by partnering with local communities to designate specific number/street addresses for ail buildings and homes In communities where post office box service is the norm and those problems of "where is it?" have been resolved as a result Our efforts have focused on standardizing addresses and encouraging compliance with proper address format. Third, are there any legal issues involved with such a change? We would assume that legal documents Iike deeds, mortgages, etc. require a physical address other than a prestigious address. As a result of these concerns, we actually recommend "DUAL ADDRESSING" as an option to accommodate the Main Place Liberty Group's request. An acceptable 5-line format would be.- EXAMPLE: JOHN DOE (individual's name in attention line) BAKER, OCIRR & SMITH, PC (name of firm or company) LIBERTY BJILDING (prestigious address) 424 MAIN ST STE 324 (delivery line/physical location) BUFFALO HY 14202 (city, state and 5-digit ZIP Code) To recap, our systems already accommodate either address designation, and we would support The Council's resolution with the reservations noted. If you have any questions or concerns about this matter, please let me 'Know. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 94 100' SETBACK ORDERNANCE BUFFALO RIVER Enclosed is a report on the proposed 100' setback prepared by the Friends of the Buffalo Niagara Rivers for your office. We provide this in support of a zoning change that will increase the setback along the Buffalo River from the Ohio Street Bridge to the City Line at West Seneca from 25' to 100'. The rationale is for improved water quality, and flood and erosion control. We would like to reinforce three points: (1) we are proposing this setback for only part of the Buffalo River, because it is our assumption that the more urban areas closer to the mouth may require other development patterns; (2) existing land uses would not be disturbed or jeopardized; and (3) the draft legislation incorporates recent federal and state 'Judicial decisions on regulatory takings and should minimize concerns about potential takings claims against the city. In addition to the legal review by Professor Barry Boyer, we have outlined the current ownership patterns along the Buffalo River from the Ohio Street Bridge to the City line at West Seneca. We include all properties that would be affected by the 100' open yard. What we found supports our earlier propositions that there are few properties within this zone at the time - 59 at this time - and these would be exempt either because they are water dependent or because the), would be grandfathered as existing use until such time as that use changes. We again urge your support of this proposal not only for conservation purposes, but to enhance the development opportunities in the city of Buffalo. We know that issues of recreation and quality of life are important to people and businesses, and we suggest that a clean and beautiful Buffalo River in the very heart of our city, provides such an amenity. We have one more report to complete under this contract on paper streets. We are beginning that study now and should have it Page 55 01-0612.txt completed by the end of July. We would be more than pleased to come and talk to you Further about our findings and next steps from your perspective. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 95 SOLAR INGRAM COB YOUTH AGENDA A. THOMPSON The following new approaches will systematically change the way we relate to our youth and vise versa. By implementing these ideas, we are sure to compliment the need for positive youth development in the city of Buffalo. It is apparent that the recent activities/meetings have not directly met the request of our young people. Therefore, the following information supports your response to making a personal commitment. In an effort to comply with the request from the youth, the following needs to be done: Innovative economic opportunities must be developed. Ideas such as entrepreneurial opportunities in various areas are needed. Opportunities in the areas of construction, computer technology, cosmetology and overall self-sufficiency areas must be investigated. Cultural enlightment must be presented. In order for our youth to understand whom they are and why they react the way they do, they must understand who they are in the spectrum of our universe. They must have a sense of where they come from to better access where they are going. The pride of their rich history and ancestry will empower them to become strong young men and women with a powerful sense of self-pride. Activities for our youth. Must be innovative, inner active, cultivating, team building and communicate the needs and response to the problems in which society now blames music and images for creating. How do we plan to implement these strategies? 1 By filing this petition, that supports the need for a mourning mural and allowing their voices to be heard regarding the rash of violence in our communities. 2 Submit to this body an assessment of abandoned buildings on the east side of the city (Ellicott, Fillmore and Masten Districts). We request that these building become beautified for the communities by the communities. 3 By having an "open door policy" with all of our "black officials" that will create a line of communication from the street to all of the officials in the city of Buffalo. This request is not final, yet it is a starting point. If you can't help our youth, don't continue to hurt them. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF COMMUNITY SERVICES NO. 96 S. COLON NOTICE OF CLAIM This office has received a Notice of Claim filed on February 28, 2001, for reimbursement of towing and parking ticket charges, which accrued on January 23, 2001. We have investigated this claim and find that the ticketing and towing of your vehicle was justified under the circumstances, and, therefore, we feel that there is no negligence or liability on behalf of the City of Buffalo in this instance. Accordingly, we must respectfully deny your claim. REFERRED TO THE COMMITTEE ON CLAIMS Page 56 01-0612.txt PETITIONS NO. 97 J. WOPPERER, USE 1032 NIAGARA ST. TO ERECT A FREE STANDING TOWER (hrg 06/19) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING , BOARD COMMISSIONER OF STRATEGIC PLANNING AND THE CORPORATION COUNSEL. NO. 98 NYSARC INC.,USE 101 OAK ST. FOR A GROUND SIGN hrg (06/19) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING , BOARD COMMISSIONER OF STRATEGIC PLANNING AND THE CORPORATION COUNSEL. NO. 99 V. MUNDY, USE 494 FRANKLIN FOR TAKE OUT RESTAURANT (Palm Tree)(HRG. 6/19) PLANNING , BOARD COMMISSIONER OF STRATEGIC PLANNING AND THE CORPORATION COUNSEL. NO. 100 L. RUNG, AGENT, USE 494 FRANKLIN (CAFE 59) FOR A SIDEWALK CAFE (06/19) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,COMMISSIONER OF STRATEGIC PLANNING AND THE CORPORATION COUNSEL. NO. 101 C. McCAFFREY, AGENT, USE 3105 MAIN STREET FOR AN ILLUMINATED GROUND SIGN (06/19) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD COMMISSIONER OF STRATEGIC PLANNING AND THE CORPORATION COUNSEL. NO. 102 C. GIOVINO, AGENT, USE 1463 HERTEL FOR OUTDOOR PATIO (HRG. 6/19/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 103 A. THOMPSON PETITION SOLAR INGRAM URBAN MONUMENT FOR: THE URBAN GROUND MONUMENT FOR: THE FALLEN SOULDIERS IN THESE STREET WARS FROM AND BY: THE YOUNG BROTHERS AND SISTERS OF THE INNER CITY. TO PRESERVE THE MEMORIES OF THOSE LOST SOULS UNITED AS ONE. "'MAY WE SEE THE MGM! To the people of the inner city of Buffalo, New York. We have been plagued by the Torch of Death. The Senseless loss of countless Iives. Things are not getting better they are getting worse. It's time to make a difference and take a stance to find a permanent solution to end this problem. We feel that something has to be done to show people the reality and the end result of these illegitimate reasons that ultimately lead to the tragic death of young people. We propose to build an monument in the city to honor those loved Page 57 01-0612.txt ones lost. In which we would engrave their names on a marble wall. That we may see these people cherished, honored and instill self-awareness. "'LET US SAVE OUR C. LDREN" All those in favor of doing something positive, and truly believe and are willing to Support this cause please sign. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF COMMUNITY SERVICES No. 104 A. THOMPSON REQUEST CURBS ON FEDERAL AVE This letter is accompanied by a signed petition by the residents of Federal Ave. Buffalo New York. 14215 petitioning the City of Buffalo to install CURBS. We feel that this is desperately needed on our street and long overdue. Your immediate attention to this matter is greatly appreciated. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 105 J. RICHARDSON REQ PAVING OF STREET NORTHLAND AVE WE WANT OUR FAIR SHARE OF TAXES! WE ARE THE CONCERNED VOTERS. OUR STREET NEEDS TO BE REPAIRED. THE TEMPORARY PATCHWORK IS NOT ACCEPTABLE. IT IS VERY UNSIGHTLY AND CREATES HAZARDOUS DRIVING. OUR BLOCK CLUB SHARES ATREMENDOUS TAX BURDEN. WE DESERVE BEAUTIFUL SURROUNDINGS JUST LIKE OTHER NEIGHBORHOODS. THIS MATTER SHOULD BE RESOLVED AS SOON AS POSSIBLE. OUR NEIGHBORS EXPECT A WRITTEN REPLY. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 106 REQUEST WEIGH LIMIT MESMER AVE We the citizens of Mesmer Avenue, in the City of Buffalo, County of Enie, State of New York, are hereby requesting to impose a weight limit for vehicle access on our street. Presently, any size and weight of vehicle is allowed the use of our street. This is posing an undue hardship to the residents of our street causing deterioration in the foundations and stress cracks in the walls of many homes. This street was not meant for this type of traffic, being a small and mainly residential side street. REFERRED TO THE COMMITTEE ON LEGISLATION THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL Regular Committees CLAIMS COMMITTEE (Mary M. Martino, Chairperson) NO. 107 Claims Committee Report Compromise And Settlement Of Actions For Personal Injury That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City, be compromised and settled: A. I .Odessa Anderson $3,000.00 Page 58 01-0612.txt A. 2.Nabila Hanyn $12,000.00 A. 3..Katherine M. Harvey $1,750,00 A. 4.Robert Hall $ 2,500.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed AYES - 13 - NOES - 0 NO. 108 Property Damage That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B IGary Barone, 18 Stoneleigh Avenue, 14223 Claim for damage to a garage at 22 Antwerp Street. A City owned building adjacent to the garage fell onto it. This has been confirmed by the Division of Real Estate. The City has arranged for the repair of the garage with Charles Righetti, Consumers Best Home Improvement, I Lyndale Avenue, 14223. The check will be made payable to Mr. Righetti, $ 2,000.00 B 2. James S. Bohm, 401 Delaware Avenue, Apt. #309, 14202 Claim for damage to a 1991 Chevrolet Cavalier vehicle on Virginia Street. While driving down the street he hit a deteriorated plumbers cut from two years ago which was never property resurfaced by the City as per the ordinances. $ 369.51 B 3. Susan Brock, 132 Keller Avenue, Kenmore New York 14217 Claim for damage to a 1984 Mercedes Benz vehicle which occurred at 1797 Niagara Street. City crews were picking up bulk trash and a door from a junk refrigerator fell against the parked vehicle damaging it .$ 462.02 B 4. The Faith Baptist Church, 626 Humboldt Parkway, 14211 Claim for damage to a fence at 626 Humboldt Parkway. A City owned tree on property owned by the Division of Real Estate fell on the fence and destroyed a section of it. The City had previously been made aware of a hazardous condition but the tree was not removed. $ 285.00 B 5. Abraham Ferguson, Jr., First Timothy M. Baptist Church, 1467 Genesee Street, 14211 Claim for electrical work which had to be done to the church building at 1467 Genesee Street this past March. The City demolition crew was demolishing an adjacent structure when falling debris pulled the Church's electrical line away from the building breaking the wire and tubing. $ 3,772.48 B 6. Donna J. Gasuik, 19 Red Jacket Parkway, 14220 Claim for clothing of a City employee damaged by paint at the Delaware Labor Center. Pursuant to Article 16-8 of the City Ordinances claimant is entitled to reimbursement. $ 50.00 B 7. Bernard Golba, 152 Ramsdell Avenue, 14216 Claim for a tire damaged due to a large pothole on Skillen Street just before the viaduct going west. The City had previously been notified of a hazardous condition existing at this location and repairs were not done in a timely manner .$ 80.32 B 8. Francisco & Elizabeth Guzman, 259 Abby Street, 14220 This is a claim for repairs to a crack in the basement foundation at 259 Abby Street. In late 1999 through the early part of 2000, the City hired Sevenson Environmental, Inc. to excavate, remove and replace soil around the residence at 259 Abby Street. The property is owned by Francisco Guzman. During the project, a small crack developed in the foundation wall resulting in water slowly leaking into the basement. Page 59 01-0612.txt The claim is for reimbursement for the repair of the basement wall, $ 890.00 B 9. Edward G. Haley, 64 Organ Crescent, West Seneca New York 14224 Claim for claimant's insurance deductible of ($200). A large limb fell off a City owned tree on Mesmer Street and caused damage to a 1999 Ford Explorer SUV vehicle. The tree had been slated or removal since the summer so the City was aware of the hazard. $ 200.00 B 10.Anthony K. Hinton, 96 Guilford Street, 14212 Claim for damage to the front lawn at 96 Guilford Street. A City truck which was involved in a demolition project across the street drove over the lawn causing the damage. $ 143.00 B 11.Leonard Jerozal, 24 Warren Avenue, 14212 Claim for damage to the house at 24 Warren Avenue and the dryer in the basement from bullets which were fired by the Buffalo Police at 67 Sweet while pursuing a suspect who had drawn a gun during the pursuit. The Police Department has verified the incident and damage. $ 227.50 B 12.James L. Kocot, 102 Irene Street, 14207 Claim for damage to a wheel, tire, and cover of a 1997 Chevrolet Malibu due to a large pothole on Skillen Street just before the viaduct going toward Ontario Street. The City had previously been notified of a hazardous condition existing at this location and repairs were not done in a timely manner. $ 249.65 B 13.William Kwiatkowski, 40 Britt Avenue, 14220 Claim for damage to Firefighter Kwiatkowski's eyeglasses while fighting a fire at 391 Washington Street. Pursuant to Article 16-8 of the City Ordinances claimant is entitled to reimbursement for the damage. $ 64.00 B 14.Dorothy Lokey, Allstate Insurance Company A/S/O, P.O. Box 227257, Dallas Texas 75222 Claim for damage to property at 373 Plymouth Street. A large section of a City owned tree fell on claimant's house. Ms. Lokey states that she has contacted the City several times about the dead tree in front of her residence. $ 2,993.79 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Recommended by the Committee on Claims Passed AYES - 13 - NOES - 0 NO. 109 PROPERTY DAMAGE B 15. Park Casino Corporation C/O Armand DeBan Lincoln Parkway 14222 CGU of New York A/S/O Lawrence J. Regan, Attorney, 1220 Liberty Bank Building 14202 This is a claim for sewer backup at the Delaware Park Casino on Lincoln Parkway on 8/24/99. Please see (Page 5) of the Attorney Confidential Work Product for an explanation of the claim. The Corporation Counsel recommends payment in the amount of: CGU of New York $15,000.00 Armand DeBan $24,000.00 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs. Martino moved: The approval of the claim of Park Casino Corporation in the total amount of $39,000.00. Page 60 01-0612.txt That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years or 480204 Current Fiscal Year, payable to the respective claimants and plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED. AYES-13. NOES-0. NO. 110 PROPERTY DAMAGE That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: B 16.Thomas M. Shea, 2465 Seneca Street, 142 10 Claim for damage to the roof at 2465 Seneca Street due to large tree limbs falling on it. The tree was large, old and weak and subsequently died in the past one and a half years. The City was aware of the condition of the tree since it had recently replaced the sidewalk near the base of the tree due to massive tree roots damaging it. $ 385.00 B 17.James W. Slomba, 103 Weaver Street, 14206 Claim for clothing damaged in the line of duty at the Broadway Barns. Mr. Slornba, a City employee was injured in a fall from a high lift and his clothing was destroyed. This has all been confirmed by the Department of Street and Parks. Pursuant to Article 16-8 of the City Ordinances claimant is entitled to reimbursement for the damaged clothing. $140.40 B 18.Edwin A. Swan, 268 EsserAvenue, 14207 Claim for damage to a 2000 Buick LeSabre Custom Sedan due to a large pothole on Skillen Street just before the viaduct going west. The City had previously been notified of a hazardous condition existing at this location and repairs were not done in a timely manner. $ 590.08 B 19.Norman C. Szczublewski, 106 Melrose Street, 14220 Claim for payment of claimant's insurance deductible. Large limbs from a City owned tree fell on his 1996 Ford Windstar Van at 105 Melrose Street. The trees on Melrose Street had previously been reported to the City has being hazardous. $ 250.00 B 20.Arthur L. Taggart, 408 Vine Lane, Amherst New York 14228 Claim for damage to a fence at 52 Goulding Street. The National Guard was working snow removal and cleanup for the City after the snow storm of 11 -20-00 and they damaged claimant's fence in the process. $583.00 B 21.Peter A. Weinmann, 286 Huntington Avenue, 14214 Claim for damage to the driveway apron at 286 Huntington Avenue. The City, while picking up bulk garbage, peeled up and destroyed portions of blacktop on driveway apron. $ 200.00 B 22.Waddelle Wilson, 24 Hamlin Road, 14208 Claim for damage to a 1999 Mercury Grand Marquis from tree limbs falling on the vehicle when it was parked at the claimant's residence at 24 Hamlin Road. The tree had previously been reported to the City as being hazardous. $ 803.68 B 23.Stephen M. Wojtulski, 101 Melrose Street, 14220 Page 61 01-0612.txt Claim for damage to a 1999 GMC Sonoma at 107 Melrose Street. A large limb from a City owned tree fell and damaged the vehicle. The trees on Melrose Street had previously been reported to the City as being hazardous. $1,186.38 B 24.Ollie Wright, 211 Mills Street, 14211 Claim for the cleanup cost of debris left in the yard at 211 Mills Street before the demolition of the house next door by City agents. $15.00 B 25.Tedderic Gilmer, 145 Strauss Street, 14212 Claim for the loss of a set of keys and inconvenience sustained as a result of his vehicle, a 1990 Chevrolet Cavalier, not being released in a timely manner, Mr. Gilmer stopped to assist a stabbing victim and drive him to the hospital. The police wrongfully thought that he was involved in the crime and took his keys and sent the vehicle to the Seneca Police Garage. Mr. Gilmer was subsequently without transportation for over two weeks and lost time from work as a pizza delivery person due to the fact that the keys and paperwork were misplaced. $ 200.00 B 26.Cheryl Leftwich, 180 Brunswick Boulevard, 14208 Claim for damage to a window, frame and awning at 180 Brunswick Boulevard. A City owned tree uprooted and fell onto the house causing the damages. $1,710.80 B 27.Ada Hopson-Clemons, 127 East Amherst Street, Apt. #E5, 14214 Claim for four tires, a broken window and headlight and numerous other damages sustained to a 1984 Mercury vehicle while it was in the care, custody and control of the City at the Seneca Street Police Garage. The son of Ms. Hopson-Clemons was shot in the vehicle. The Police confiscated the vehicle and it was sent to the Seneca Street Police Garage. Paper work, however, did not accompany the vehicle and after it sat for a while at Seneca Street it was ordered towed to the Dart Street Garage. While it was at Seneca or at Dart Street the vehicle was broken into and vandalized. $1,018.97 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, hereinabove named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED. AYES-13. NOES-0. NO. 111 MISCELLANEOUS INVOICE That, upon the recommendation of the Corporation Counsel and the appropriate City Department. the following claims be paid: C1Buffalo Harley Davidson, Inc. Claim for payment of prior fiscal year Invoice #14132 for services rendered to the Police Department on 5-22-00 for parts for a motorcycle. $ 203.26 C2.General Code Publishers Claim for payment of prior fiscal year Invoice #52782 of 4-28-00 and #53143 of 5-26-00 for services rendered to the City Clerk's Office. $ 2,000.00 Page 62 01-0612.txt C3.Graybar Electric Claim is for payment of prior fiscal year Invoice #0070507443 for services rendered to the Fire Department Alarm Office for cable tie bulk pack. $ 164.30 C4.Safety-Kleen Corporation Claim for payment of prior fiscal year Invoices #PO00027287 of 6-29-99, #0000297036 of 8-31-99, #"105899 of 11-16-99, #00011362744 of 2-3-00 and #00012219215 of 4-20-00 for services rendered to Parking Enforcement for waste oil pickup and thirty (30) gallon cyclonic w/150 Solvent. $ 1,227.45 C5.Larry's Truck Repair & Towing Service Company, 2977 Broadway, 14227 Claim for payment of prior fiscal year Invoices #63 25 of 11- 11-99, #6407 of 12-13 -99, #6408 of 12-14-99 and #6993 of 2-4-00 for services rendered to the Parking Violations Bureau for heavy duty towing for the City Impound Garage. $ 345.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. PASSED. AYES-13. NOES-0. NO. 112 REPORT TO THE CLAIMS COMMITTEE D 1. Robert M. Bennett State Farms Insurance Company A/S/0 Item No. 160, C. C. P., 12-26-00 This claim was referred to the Claims Committee from the Common Council Meeting of 12-26-00 and was tabled at the Claims Committee Meeting of 3-13-01. State Farm Insurance Company as subrogee of Robert M. Bennett filed a claim in 1999 to recover for damages resulting from a tree falling on his property on 8-25-99 at 347 Humboldt Parkway. The Department of Law has checked with the City Clerk's Office and could not find a notice of a hazardous condition listing that tree. We have also checked with Forestry and they could not find any prior notification of a hazardous tree. State Farms Insurance Company's subrogation claim is in the amount of ($2,700). A denial letter was sent to State Farm Insurance Company on March 1. 2000. The Corporation Counsel recommends denial of this claim, That the above item be, and the same hereby is denied. ADOPTED. AYES-BONIFACIO, COPPOLA, ELLINGTON, FONTANA, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, PITTS, THOMPSON & WILLIAMS-12. NOES-FISHER-1. NO. 113 REPORT TO THE CLAIMS COMMITTEE D 2. Central Terminal Restoration Corporation 385 Paderewski Drive 14212 Item No. 115, C.C.P., March 20, 2001 (Recommitted) This is a claim for damage to topsoil, grass and trees on the grounds surrounding the Central Terminal. Over the past three (3) years, the Central Terminal Restoration Corporation has conducted an annual spring cleanup to restore the grounds around the terminal property. On November 20, 2000, a severe winter storm left a tremendous amount of snow around the City of Buffalo. The City of Buffalo hired Page 63 01-0612.txt approximately two hundred (200) private contractors to assist in snow removal efforts. The Streets commissioner directed City crews and these private contractors to remove snow from public streets and place the snow on the grounds of the Central Terminal. The Central Terminal Restoration Corporation has filed a claim alleging approximately ($120,000) in property damage to the grounds including damage to topsoil and grass and trees planted in previous years. Photographs showing huge piles of snow have been provided as well as a damage estimate from a landscape company. Deputy Commissioner Paul Sullivan has advised the Law Department that he did in fact direct removal of snow to that location due to the emergency situation and that damage to the grounds has in fact resulted. The Central Terminal Restoration Corporation owes approximately ($27,000) in taxes plus interest and penalties. The present amount owed with interest as of April, 2001 is ($57,790.81). After numerous settlement discussions with the attomey for Central Terminal Restoration Corporation, a settlement was proposed whereby the Corporation would agree to accept the amount of the taxes plus interest owed in full settlement of its claim. No money would actually be paid to the Corporation. The claim approved by the Claims Committee would be paid directly back to the City to pay the outstanding tax arrears. There are additional benefits of the proposed settlement. The Central Terminal Restoration Corporation would be eligible to receive a One Million Dollars ($1,000,000) grant from Erie County once the tax liability issue is resolved. Second, the Corporation would waive a prior claim that it filed alleging damage to the Terminal building resulting from training exercises conducted by the Buffalo Fire Department. Third, the City would save the time and expense of having City crews rehabilitate the site in the spring by paying for grading of the site, reseeding and the planting of new trees. In light of the above, the Corporation Counsel recommends settlement of the claim of Central Terminal Restoration Corporation in the amount of $ 57,790.81 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs. Martino moved that the above item be recommitted to the Committee on Claims. ADOPTED NO. 114 REPORT TO THE CLAIMS COMMITTEE PROPERTY DAMAGE That upon the recommendation of the Common Council Claims Committee, the following action and claim for damage to property caused by alleged negligence on the part of the City be compromised and settled: D3. Sylvester Harold, 13 McCarthy Drive, 14211 This claim is being placed on the Agenda for discussion at the request of Councilmember Fontana. Mr. Harold claims that a snow plow hit his mailbox at 13 McCarthy Drive. The claim was sent to David Gannon, Insurance Contract Analyst for the City, who handles all claims where City vehicles are involved. The claim was denied because the City's clear liability cannot be established. Claimant was not able to provide a truck number, license plate number or driver's name of the City vehicle which allegedly caused the damage to his mailbox. Mr. Gannon was consequently unable to pay the claim from the City's self insured auto liability fund. The claim is in the total amount of ($100). $100.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Page 64 01-0612.txt Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated, PASSED. AYES-13. NOES-0. NO. 115 REPORT TO THE CLAIMS COMMITTEE D 4. Charles E. Johnson, 14 Shumway Street, 14206 Item No. 80, C.C.P., 2-6-01 This claim is being placed on the Agenda for discussion. It was tabled at the Claims Committee Meeting of 3-13-01. The claim is regarding the demolition, taxes and interest associated with the property at 41 Parkridge Avenue. Mrs. Martino moved that the above item be recommitted to the Committee on Claims. ADOPTED. NO. 116 D5. ALLAN LEATHERBARROW, 46 SALEM STREET, 14220 ITEM NO. 172, C.C.P., 1-23-01 This claim is being placed on the Agenda for discussion at the request of Councilmember Martino. It was tabled at the Claims Committee Meeting of 3-13-01. Mr. Leatherbarrow claims that early in the morning on 3-15-97 the water pipes in his house shook violently. He then said he experienced a leak on his service line. The Division of Water reports that they received a call at 3:33 A.M. on that day of water in the street on South Legion Drive, approximately four blocks away from his house at 46 Salem Street. They repaired a broken six inch water main there. It should also be noted that this water main on South Legion does not service his house at 46 Salem Street. A research of the records indicate that his house was being serviced by the original lateral which was a galvanized line installed in 1909. The average line such as this one should last approximately fifty (50) years. The Division of Water does not believe that there is any connection between the leak on his service line and the leak on the main four blocks away. Also pursuant to case history decisions, a municipality cannot be held liable for damages incurred unless there was a prior warning of a potential break which was not the case in this instance. Mr. Leatherbarrow filed his original claim on June 11, 1997 in the amount of ($1,500 -$3,000). There are no estimates in the file. That the above item be and the same hereby is received and filed. ADOPTED. NO. 117 REPORT TO THE CLAIMS COMMITTEE PROPERTY DAMAGE That upon the recommendation of the Common Council Claims Committee, the following actions and claims for damage to property caused by alleged negligence on the part of the City be compromised and settled: D 6. John Leverette, 180 Bakos Boulevard, 14211 This claim is being placed on the Agenda for discussion at the request of Councilmember Fontana. Mr. Leverette claims that a snow plow hit his mailbox at 180 Bakos Boulevard. The claim was sent to David Gannon, Insurance Contract Analyst for the City, who handles all claims where City vehicles are involved. The claim was denied because the City's clear liability cannot be established. Claimant was not able to provide a truck number, license plate number or driver's name of the City vehicle which allegedly caused the Page 65 01-0612.txt damage to his mailbox. Mr. Gannon was consequently unable to pay the claim from the City's self insured auto liability fund. The claim is in the total amount of ($200). $200.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, in the amount set opposite their names, respectively, and delivered to them upon execution and delivery to the Corporation Counsel of the proper releases where such releases are indicated. Passed Ayes-13. Noes-0. NO. 118 REPORT TO THE CLAIMS COMMITTEE D 7 Joanne Workman, 100 Shirley Avenue, 14215 Item No. 94, C.C.P., May 1, 2001 This claim is being placed on the Agenda for discussion. The claim is for damage to the driveway apron at 100 Shirley Avenue by a snow plow. The claim was sent to David Gannon, Insurance Contract Analyst for the City, who handles all claims where City vehicles are involved. The claim was denied because claimant was unable to provide a truck number, license plate number or driver's name of the City vehicle which allegedly caused the damage. Mr. Gannon was unable to pay the claim from the City's self insured auto liability fund. There is one estimate in the file in the amount of ($1,184) from Broad Spectrum Concrete Specialists, Inc. 115 South Avenue, West Seneca New York. Mrs. Martino moved that the above item be recommitted to the Committee on Claims. ADOPTED. CIVIL SERVICE (BARBARA A. MILLER-WILLIAMS, CHAIRPERSON) NO. 119 NEW HIRES-7/L/00-3/3 1 /01 (MAYOR) (CCP# 1 -MAY 1, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 120 STATUS/UPDATE COB EEO/AFFIRM. ACTION PLAN (CCP#184-FEB. 20, 01) Mrs. Miller-Williams moved that the above item be recommitted to the Committee on Civil Service. ADOPTED NO. 121 STATUSLUPDATE COB-EEO/AFFIRM. ACTION PLAN (HR) (CCP#70-APR. 20, 01) Mrs. Miller-Williams moved that the above item be recommitted to the Committee on Civil Service. ADOPTED NO. 122 B. GRANT-C. BLACK-1/99 POLICE CIVIL SERVICE EXAM (CCP#95-APR. 17, 01) That the above item be and the same hereby is received and filed. ADOPTED Page 66 01-0612.txt NO. 123 REQ. INFO. ON POLICE EXAM (EX. FIN. 2 RESOLVES) (CCP#212-JULY 11, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 124 CUR. SIT./FUTURE DIR.-MEDICAL COV. FOR UNIONS (HR) (#60, 3/6) (CCP#188-MAY 1, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 125 MEDICAL BENEFITS FOR SEASONAL EMPLOYEES (HR) (#59, 4/3) (CCP#191-MAY 1, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 126 APPOINTMENT ASSOCIATE AUDITOR (MAX) (COMPT) (ITEM NO. 38-C.C.P. MAY 29, 2001) That Communication 38, May 29, 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 21, 2001 is hereby approved. PASSED AYES-13. NOES-0. NO. 127 APPOINTMENT CLERK (INTER) (PW) (ITEM NO. 60-C.C.P. MAY 29, 2001) That Communication 60, May 29, 2001 be received and filed and the provisional appointment of Mary Beth Wolniewicz stated above at the intermediate salary of $24,585 effective on May 14, 2001 is hereby approved. PASSED AYES-13. NOES-0. NO. 128 APPOINTMENT CELLBLOCK ATTENDANT (INTER) (POL) (ITEM NO. 62-C.C.P. MAY 29, 2001) That Communication 62, May 29, 2001 be received and filed and the permanent appointment of Joseph L. Oroszi stated above at the intermediate salary of $25,052 effective on May 21, 2001 is hereby approved. PASSED AYES-13. NOES-0. NO. 129 APPOINTMENT SENIOR CELLBLOCK ATTENDANT (INTER) (POL) (ITEM NO. 63 -C.C.P. MAY 29, 2001) That Communication 63, May 29, 2001 be received and filed and the permanent appointment of Raymond D. Lysarz stated above at the intermediate salary of $27,509 effective on May 21, 2001 is hereby approved. PASSED AYES-13. NOES-0. NO. 130 Page 67 01-0612.txt APPOINTMENT ASSOCIATE ACCOUNT CLERK (INTER) (POL) (ITEM NO. 70-C. C. P. MAY 29, 2001) That Communication 70, May 29, 2001 be received and filed and the permanent promotion of Christopher Tomaszewski stated above at the intermediate salary of $28,896 effective on May 21, 2001 is hereby approved. PASSED AYES-13. NOES-0. NO. 131 APPOINTMENT HEAD TELLER (INTER) (ADMIN) (ITEM NO. 71 -C.C.P. MAY 29, 2001) That Communication 71, May 29, 2001 be received and filed and the temporary appointment of Lisa Capell stated above at the intermediate salary of $31,514 effective on May 21, 2001 is hereby approved. PASSED AYES-13. NOES-0. NO. 132 APPOINTMENT TELLER (INTER) (ADMIN) (ITEM NO. 72-C.C.P. MAY 29, 2001) That Communication 72, May 29, 2001 be received and filed and the permanent appointment of Mary Lou Helmeniak stated above at the intermediate salary of $27,968 effective on May 21, 2001 is hereby approved. PASSED AYES-13. NOES-0. NO. 133 APPOINTMENT ACCOUNT CLERK TYPIST (MAX) (ADMIN) (ITEM NO. 73-C.C.P. MAY 29, 2001) That Communication 73, May 29, 2001 be received and filed and the permanent appointment of Darlene Lapinski stated above at the maximum salary of $27,859 effective on May 21, 2001 is hereby approved. PASSED AYES-13. NOES-0. NO. 134 NOTICES OF APPOINTMENTS-TEMP. /PROV. /PERM (CITY CLERK) (CCP#83-MAY 29, 01) That the above item be and the same hereby is received and filed. ADOPTED FINANCE (BETTY JEAN GRANT, CHAIRPERSON) NO. 135 REIM.-$6,488.42 OWED-COB BY BROAD. MKT. MGT. CORP. (CCP#181-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 136 REIM,-$6,488.42 OWED COB BY BROAD. MKT. MGT. CORP. Page 68 01-0612.txt (COMPT.) (CCP#11 -FEB. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 137 RESULTS OF NEGOTIATIONS - 359 BEST (ITEM NO. 13, 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. Grant Moved: That the offer from Ms. Eva Scott, residing at 357 Best Street, in the sum of One Thousand Dollars ($1,000.00) for the sale of 359 Best Street, 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. 138 RESULTS OF NEGOTIATIONS - 291 CEDAR STREET (ITEM NO. 14, C.C.P., MAY 15, 2001) 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. Anderson T. Tate, Sr. and Mrs. Patricia Tate, residing at 295 Cedar Street, in the sum of One Thousand Dollars ($1,000.00) for the sale of 291 Cedar Street, 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. 139 RESULTS OF NEGOTIATIONS - 199 EFNER (ITEM NO. 15, C.C.P., MAY 15, 2001) 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. Efrain Gonzalez, residing at 203 Efner Street in the sum of Two Hundred and Fifty Dollars ($250.00) for the sale of the northerly half of 199 Efner Street and Ms. Guadalupe Benavides, residing at 197 Efner Street, in the sum of Two Hundred and Fifty Dollars ($250.00) for the sale of the southerly half of 199 Efner Street, be and hereby are accepted; and That the appraisal requested by the City of Buffalo shall be paid by both purchasers; and That the transfer tax, recording fees and cost of legal description shall be paid by both purchasers; and That the Corporation Counsel be authorized to prepare the Page 69 01-0612.txt necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED. AYES-13. NOES-0. NO. 140 RENEW LEASE - ERIE REGIONAL HOUSING DEV. CORP. - 104 MARYLAND (ITEM NO. 22, C.C.P., MAY 29, 2001) That the Executive Director of Strategic Planning be, and he hereby is authorized to renew the lease between the City and Erie Regional Housing Development Corp., for use of a portion of city-owned property located at 104 Maryland, for an additional six (6) month period to commence on June 1, 2001 and expire November 3 0, 200 1, for the rental fee of One Dollar ($ 1. 00), 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. 141 RESULTS OF NEGOTIATIONS - 275 LOCUST (ITEM NO. 25, C.C.P., MAY 29, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant Moved: That the offer from Ms. Ethel M. Fuller, residing at 269 Locust, in the sum of Eight Hundred and Fifty Dollars ($850.00) for the sale of 275 Locust, 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. 142 RESULTS OF NEGOTIATIONS - 109 MOSELLE (ITEM NO. 26, C.C.P., MAY 29, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant Moved: That the offer from Ms. Emma L. Smith, residing at 107 Moselle Street, in the sum of Five Hundred and Dollars ($500.00) for the sale of 109 Moselle Street, 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 70 01-0612.txt NO. 143 CENTRAL TERMINAL RESTORATION CORP. (CCP#160-APR. 3, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 144 CENTRAL TERMINAL RESTORATION CORP. (COMPT.) (CCP#18-MAY 1, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 145 ELLICOTT HOUSES-NIAGARA MOHAWK ELECTRICITY (CP) (CCP#32-APR. 3, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 146 CONTRACT FOR ART IN PUBLIC PLACES, C AND B DISTRICTS (ITEM NO. 11, C.C.P., MAY 29, 200 1) That the Executive Director, be, and he hereby is authorized to award a contract for Art in Public Places, for the B District Police Station, to Andrew Reid, the lowest responsible bidder, in an amount not to exceed $40,000. Funds for the project are available in the Department of Public Works, Streets and Parks capital improvement account. PASSED. AYES-13. NOES-0. That the C District Police Station Art be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant Moved: That the Art for Public Places in C District be recommitted to the Committee on Finance. ADOPTED. LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 147 I. MURRAY, PETITION TO USE 923 SYCAMORE - HUMAN SERVICES FACILITY (ITEM NO. 106, C. C.P., MAY 29, 2001) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs. FONTANA moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 148 R. ALSHEIMER, PETITION TO USE 1040 DELAWARE AVENUE - OFFICES (ITEM NO. 107, C. C.P., MAY 29, 200 1) That after the public hearing before the Committee on Legislation on June 5, 200 1, the petition of R. Alsheirner, owner, for permission to use 1040 Delaware Avenue for offices be, and hereby is approved. PASSED AYES -13 NOES - 0 NO. 149 M. BROCKMYRE, PETITION TO USE 30 PERSIA - HUMAN SERVICES FACILITY Page 71 01-0612.txt (ITEM NO. 109, C.C.P., MAY 29, 2001) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That after the public hearing before the Committee on Legislation on June 5, 2001, the petition of M. Brockmyre, agent, for permission to use 30 Persia for a human service facility be, and hereby is approved. PASSED AYES -13 NOES - 0 NO. 150 M. BROCKMYRE, PETITION TO USE 115 ABBOTT - HUMAN SERVICES FACILITY (ITEM NO. 110, C.C.P., MAY 29, 2001) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That after the public hearing before the Committee on Legislation on June 5, 2001, the petition of M. Brockmyre, agent, for permission to use 115 Abbott for a human service facility be, and hereby is approved. PASSED AYES -13 NOES - 0 NO. 151 V. PANAGOPOULOS, PETITION TO USE 1122 ELMWOOD A/K/A 577 FOREST FOR AN OUTDOOR PATIO (ITEM NO. 111, C.C.P., MAY 29, 200 1) That after the public hearing before the Committee on Legislation on June 5, 2001, the petition of V. Panagopoulos, agent, owner, for permission to use 1122 Elmwood Avenue for an outdoor patio be, and hereby is approved with the following conditions: 1 . The gate to the parking area is to be closed and locked at all times. 2. All ingress and egress to the patio must be through the existing restaurant. 3. That there be no outside music on the outdoor patio. 4. That the outdoor cafe be closed at 11:00 p.m. 5. All trash generated by the use of the outdoor patio is the responsibility of the operator of the patio. PASSED AYES -13 NOES - 0 NO. 152 E. BROWN, AGT., USE 3 68 BROADWAY-HUM. SVS. FAC. (HRG. 4/10) (CCP#96-APR. 3, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 153 ELL. DIST. COC-USE 368-374 BROADWAY-HUM. SVS. FAC. (PLAN BD.) (CCP#4-APR. 17, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 154 PARKS WITHIN THE CITY THAT CONTAIN VEHICULAR TRAFFIC WITHIN THEIR BOUNDARIES (ITEM NO. 147, 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 Page 72 01-0612.txt Committee on Legislation. ADOPTED. NO. 155 NIAGARA MOHAWK PROPOSAL (CCP#150-MAY 15, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 156 J. BARNACK-RECONST. -KENSINGTON EXPRESSWAY (CCP#79-JUNE 27, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 157 J. BARNACK-DOT-RESPONSE-KENSINGTON EXP. CLEANUP/ITS PHASE 2 IP. P~. (CCP#86-APR. 17, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 158 NOTIF SERIALS #9270-73 (#46, 5/1) (PW) (CCP#131-MAY 15, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 159 SECONDHAND DEALER - 3057 MAIN STREET (ITEM NO. 66, 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 Gino Grasso, d/b/a University Home Furnishings located at 3057 Main Street. PASSED AYES -13 NOES - 0 NO. 160 USED CAR DEALER LICENSE - 2186 SOUTH PARK AVENUE (ITEM NO. 68, 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 Used Car Dealer license to Albert Hassan, d/b/a Fleetwood Motors, located at 2186 South Park Avenue. PASSED AYES -13 NOES - 0 NO. 161 M. SCOTT-KENSINGTON/BAI LEY AREA PLANNING COMM.-FALSE ALLEGATIONS (CCP#90-APR. 3, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 162 REQ. -COB INACTIVE RECORDS STORAGE CENTER (C. CLK) (CCP#75-APR. 17, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 163 CROWLEY AVENUE RESIDENTIAL PARKING OVERLAY DISTRICT Page 73 01-0612.txt (ITEM NO. 151, C. C.P., MAY 15, 2001) That this Common Council moves to establish a Residential Overlay Parking District on Crowley Avenue, between Niagara and Tonawanda Streets. This Honorable Body requests responses regarding this matter from the City Engineer and the Division of Parking Enforcement. The Common Council requests that Council Staff schedule the required Public Hearing and notice for this mater, and Upon receipt of the aforementioned responses and completion of the public hearing, this Common Council requests the Corporation Counsel to draft the appropriate legislation to create a Crowley Avenue Residential Overlay Parking District. ADOPTED NO. 164 SIDEWALK CAFE - 830 ABBOTT ROAD (ITEM NO. 5 8, 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 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: Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 165 P. HOTUNG-CHANGE OF ADDRESS-424 MAIN ST. TO "LIBERTY BUILDING" (CCP#91-MAY 15, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 166 C. SHUELLER-BUCHANAN INGERSOLL-PROP. RES.-AUTO. TELLER MACHINES-FLEET BK. (CCP#97-MAY 15, 01) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 167 PROPOSED AMENDMENT OF THE BY-LAWS OF THE BUFFALO CONVENTION CENTER MANAGEMENT CORP. (ITEM NO. 98, C.C.P., MAY 15, 2001) That the above mentioned item be and the same is hereby received and filed. ADOPTED NO. 168 REAPPT. MEMBERS-ZONING BD OF APPEALS (MAYOR) (CCP#2-MAY 29, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 169 REAPPT. MEMBERS-HOME IMPROVEMENT ADV BD (MAYOR) (CCP#3 -MAY 29, 0 1) That the above item be and the same hereby is received and filed. ADOPTED NO. 170 REAPPT. MEMBERS-BFLO. ENV. MNGT. COMM (MAYOR) (CCP#4-MAY 29, 01) Page 74 01-0612.txt That the above item be and the same hereby is received and filed. ADOPTED NO. 171 RE-APPOINTMENT MEMBER TO THE BUFFALO BOARD OF PARKING (ITEM NO. 5, C. C.P., MAY 29, 200 1) That the re-appointment of Michelle A. Mazzone, residing at 94 Pontiac Street, as a member of the Buffalo Board of Parking for a term expiring March 31, 2008 be, and hereby is approved. PASSED AYES -13 NOES - 0 NO. 172 REAPPT. MEMBERS-EXAM. BD. OF PLUMBERS (MAYOR) (CCP#6-MAY 29, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 173 REAPPT. MEMBERS-PEST MGMT. BD. (MAYOR) (CCP#7-MAY 29, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 174 PLAN BD.-C. GOLOMBEK-CROWLEY ST. RES PKG OVERLAY DIST. (MAYOR EXEC) (CCP#14-MAY 29, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 175 PLAN BD.-D. WHALEN-USE 85 W. CHIPPEWA ST.-SIDEWALK CAF6 (MAYOR EXEC) (CCP#15-MAY 29, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 176 NOTIF SERIAL 9286 (PW) (CCP#43 -MAY 29, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 177 ENCROACH 3 86 AMHERST STREET -AWNING (ITEM NO. 45, 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. Rick Stoddard, owner of Club Xtreme, located at 386 Amherst Street, to install an awning, 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 awning be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. 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 and damage arising out of the construction, maintenance, use and removal of said awning. Page 75 01-0612.txt PASSED AYES -13 NOES - 0 NO. 178 AUTOMATED TELLER MACHINES-FLEET NATIONAL BANK (PW) (CCP#46-MAY 29, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 179 ENCROACH 173 5 HERTEL AVENUE - ENCLOSED DINING AREA (ITEM NO. 5 1, 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 Gerald Burgin, owner of Ivy's Restaurant, located at 173 5 Hertel Avenue, to utilize an existing enclosed dining area, which encroaches city right-of-way at said address, subject to all the conditions listed in Item No. 138, C.C.P., July 6, 1993. PASSED AYES -13 NOES - 0 NO. 180 CLOSE STONEBORO, AND PORTION OF ROCKWOOD AVENUES TO VEHICULAR TRAFFIC (ITEM NO. 56, C.C.P., MAY 29, 2001) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to close Stoneboro Avenue one block sections between Rockwood and Chalmers Avenues. On Rockwood Avenue one block portions between Pannell Street and Stoneboro Avenue, for Kauftnans Bakery Inc., 2381 Fillmore Avenue expansion. PASSED AYES -13 NOES - 0 NO. 181 P. HOTUNG - REQ. CHANGE OF PRIMARY ADDRESS FROM 424 MAIN STREET TO LIBERTY BUILDING (ITEM NO. 95, C. C.P., MAY 29, 200 1) That pursuant to Section 286-3 of the City Code, the City Clerk is authorized to hold a public hearing to consider changing the name of 424 Main Street to Liberty Building. PASSED AYES -13 NOES - 0 NO. 182 J. WILLIAMS-NIMO-NIAGARA MOHAWK PROPOSAL (CCP#105-MAY 29, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 183 ORDINANCE AMENDMENT - CHAPTER 137 - CODE ENFORCEMENT (ITEM NO. 180, C. C.P., MAY 29, 200 1) That the Ordinance Amendment as contained in Item No. 180, C.C.P., May 29, 2001, be and the same hereby is approved. PASSED AYES -13 NOES - 0 NO. 184 ORDINANCE AMENDMENT - CHAPTER 175 - FEES (PROPERTY MAINTENANCE) (ITEM NO. 181, C. C.P., MAY 29, 200 1) That the Ordinance Amendment as contained in Item No. 18 1, C. Page 76 01-0612.txt C.P., May 29, 2001, be and the same hereby is approved. PASSED AYES -13 NOES - 0 NO. 185 ORDINANCE AMENDMENT - CHAPTER 341 - PROPERTY MAINTENANCE (ITEM NO. 182, C.C.P., MAY 29, 200 1) That the Ordinance Amendment as contained in Item No. 182, C.C.P., May 29, 2001, be and the same hereby is approved. PASSED AYES -13 NOES - 0 COMMUNITY DEVELOPMENT (BEVERLY A. GRAY, CHAIRPERSON) NO. 186 DOWNTOWN ENTERTAINMENT DISTRICT PHASE I URA AMENDMENT (ITEM NO. -C.C.P., MAY 15, 2001) That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON COMMUNITY DEVELOPMENT. A public hearing has been set, before the Common Council 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 bythe item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances - Chuck Thomas Mrs. LoTempio now moved that the hearing be closed. Seconded by Mr. Fontana CARRIED. Moved that the communication be received and filed; and that BY: Councilmember Barbara A.Miller-Williams RE: Downtown Entertainment District Phase I Urban Renewal Plan Amendment WHEREAS, the Common Council of the City of Buffalo approved the Downtown Entertainment District Phase I Urban Renewal Plan on May 1, 1979, C.C.P. No. 86; and WHEREAS, the recently completed "Downtown Buffalo Strategic Plan" recommends the implementation of a Downtown Housing Initiative to foster revitalization downtown by promoting the adaptive reuse of neglected historic propertied for non-traditional residential and mixed-use redevelopment; and WHEREAS, it has been determined by the Office of Strategic Planning that an amendment to the approved Urban Renewal Plan is necessary for the redevelopment of the project area and to foster the redevelopment of the historic Vernor Building; and WHEREAS, the proposed amendment specifically adds the properties located at 736 and 752 Main Street to the project's Land Acquisition Plan and to the Property Disposition Plan, and changes the Land Use Plan for these properties from "Commercial Use" to "Residential/Commercial Mixed Use"; and WHEREAS, the City Planning Board, upon conducting a public hearing, approved the amendment to the Urban Renewal Plan on April 24, 2001 and did submit its recommendations respecting said amendment to the Common Council; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO: 1. That the Downtown Entertainment District Phase I Urban Renewal Plan Amendment as prepared by the Office of Strategic Planning and approved by the City Planning Board, be and the same is hereby approved. 2. That the Page 77 01-0612.txt Urban Renewal Plan Amendment as herein approved has been duly reviewed and conforms to the comprehensive plan for the development of the municipality and the community as a whole and is hereby approved. 3. That the Mayor is hereby authorized to execute any and all deeds or other documents necessary to acquire and convey lands in the Urban Renewal Area to the City of Buffalo or the Buffalo Urban Renewal Agency upon the approval of said deeds or other documents by the Corporation Council; and 4. That the City of Buffalo and the Buffalo Urban Renewal Agency are hereby authorized to acquire by gift, grant, purchase, devise, condemnation or otherwise the property located at 736 and 752 Main Street in furtherance of the Urban Renewal Plan. Urban Renewal Plan Amendment Downtown Entertainment District Phase I (CP) (Item No. 3, C. C.P., May 15, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Ms. Gray moved: That the above mentioned item be and the same is hereby received and filed. Adopted Urban Renewal Plan Amendment - Downtown Entertainment District Phase I (Item No. 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. Ms. Gray moved: That upon the unqualified approval of the City Planning Board on April 24, 2001 and after public notice for a public hearing on June 12, 2001, the Common Council does hereby approve the Urban Renewal Plan Amendment for the Downtown Entertainment District - Phase 1. PASSED AYES -13 NOES - 0 NO. 187 UR PLAN AMENDMENT DOWNTOWN ENTERTAINMEFT DISTRICT PHASE I. (PLANNING BOARD) That the above item be and the same is received and filed ADOPTED NO. 188 T. BAMES-ACQ./REMED. PROP.-43 CAROLINA/4 SEVENTH ST. (BURA) (CCP#66-APR. 3, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 189 CAROLINA/FOURTH STREET SITE (BD ED) (CCP#69-MAY 15, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 190 S. PAGE-NYSDOH-FOURTH STREET HAZ. SITE (CCP#95-MAY 15, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 191 TRANSFER OF TITLE, URBAN HOMESTEAD - 231 DOAT STREET (ITEM NO. 3 0, C.C.P., MAY 29, 200 1) That the city-owned property commonly known as 231 Doat Street, is hereby designated as Homestead Property, and that the Mayor be, Page 78 01-0612.txt and he hereby is authorized to execute a deed transferring said property to Mt. James E. Jackson and Mr. Kenneth L. Lott, residing at 237 Doat Street, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -13 NOES - 0 NO. 192 L. CAUDLE-CONC. -LACK OF GRANTS/LOANS-ASSIST-SM. BUS. W. UTI. COSTS (BERC) (CCP#60-FEB. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 193. D. FARRAR-NYSDEC-REG. SITES-HAZ. WASTE DISPOSAL-980 ELLICOTT ST. (CCP#82-MAY 1, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 194 980 ELLICOTT ST. (PW) (CCP#54-MAY 29, 01) That the above item be and the same hereby is received and filed. ADOPTED EDUCATION (CHARLEY H. FISHER, III, CHAIRMAN) NO. 195 MUNICIPAL BOND BANK (CP) (CCP#21-MAR. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 196 P. EVANS-PLAYGROUND CONST.-ECC (PW) (#40, 3/6) (CCP#162-MAY 1, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 197 SPECIAL COMMITTEES STREETS SERVICES COMMITTEE (CHARLEY H. FISHER, III, CHAIRMAN) NO. 197 PRIVATE SNOW PLOWING COMPANIES (LAW) (CCP#34-JAN. 25, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 198 REMOVAL OF SNOW AND DEBRIS BY CONTRACTORS (ITEM NO. 190, C. C.P., APR. 17, 2001) That this Common Council requests that the Department of Permits and Inspections, Division of Licenses, adopt a policy of giving snow removal and landscaping contractor license applicants a copy of the section of the City of Buffalo Ordinances that applies to the disposal of any and all debris after projects are completed; and As an added reminder to contractors and as information to the home do-it yourselfer, the Common Council requests that the Department of Page 79 01-0612.txt Permits and Inspections, Division of Licenses, also investigate the possibility of running free Public Service Announcements on local television, (i.e., channels 18 & 21), explaining the proper disposal of debris after projects are completed; and That this Honorable Body requests that the Department of Permits and Inspections, Division of Licenses, to offer a response to the Common Council as to the feasibility of the above resolves, and, if they are feasible, a planned date of implementation; and That the Department of Permits and Inspections, Division of Licenses, file their response with the City Clerk's Office. ADOPTED NO. 199 A "WALKABLE" BUFFALO (A&F) (CCP#48-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 200 I. CHMIEL-REQ. HELP-SNOW SHOVELING (CCP#70-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 201 J. PIERAKOS-MUNICIPAL CONSULTING SVS.-ICE/SNOW CONTROL (CCP#82-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 202 M. BEERS-INDIAN ORCHARD PLACE BLK. CLUB-REQ. SNOWBLOWER (CCP#75-MAR. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED MINORITY BUSINESS ENTERPRISE (CHARLEY H. FISHER, III, CHAIRMAN) NO. 203 PARTICIPATION/HIRING GOALS - NEW SCHOOL CONSTRUCTION AND REHABILITATION (ITEM NO. 19 1, C. C.P., JAN. 23, 2001) That this Common Council requests the Buffalo Public Schools and the Joint School Construction Board to establish reasonable goals for minority and female workforce hiring and M[BE/WBE participation for the New School Construction and Rehabilitation in the City of Buffalo; and That the goals set as follows: Minority Hiring - 23% Female Hiring - 7% MBE Participation - 25% WBE Participation - 5%; and That the hiring goals are to apply to employees working on the projects in question and not to other employees of the contractor; and That contractors are required to list the NMEAVBE contractors they will be using on a project as part of their pre-bid, bid, RFQ and RFP submission for the project; and That MWBE goals should include legal services, consultation services, supply, contractual and vending services; and That these hiring and participation goals be included in the pre-bid, bid, RFQ and RFP contract specifications for these projects and sent as an addendum for the projects for which the specifications have already been distributed. Page 80 01-0612.txt ADOPTED NO. 204 MWBE PARTICIPATION ON CITY OF BUFFALO CONTRACTS (ITEM NO. 225, C.C.P., MAY 1, 200 1) That the Department of Administration and Finance and the Department of Public Works, Parks and Street Sanitation adopt MWBE goals of 25% for minority business and 5% for women businesses and 25% minority workforce participation on all projects in the Masten District, and that said goals are explicitly stated in all bid specifications. Those companies submit with their bid packages and proposals an MWBE and a minority and women workforce utilization plan. Those MWBE utilization goals are filed with the Common Council at the same time of the request for authorization to award any prime or other contract. That all contracts for work with the City of Buffalo and its related agencies and authorities include an MWBE and workforce diversity acknowledgement form that must be submitted with all bids, Request for Proposals and Request for Qualifications; and That all city agencies file a monthly minority and women business utilization report with this Common Council and the Office of Contract Compliance by the end of the fifth day of each month. In addition, that each department or authority of the City of Buffalo adopt a minimum goal of 25% minority and 5% women business utilization as part of their policies, procedures, and by-laws where appropriate; and That the Office of Contract Compliance files with the Common Council prior to the end of the 15thday of each month a monthly minority and women business utilization report that would include data on all authorities, departments, and agencies of the City of Buffalo; and That the Mayor appoints a Procurement Committee as required by the Charter of the City. The Procurement Committee should include representatives from BMHA, BURA, the Office of Contract Compliance, BNRC, Public Works, Street Sanitation, BERC, Buffalo Sewer Authority, American Anglian, Administration and Finance, the Common Council, and other relevant parties or individuals. That the Procurement Committee meets monthly and produces both a semi-annual and annual report on MWBE issues and contracts awarded. ADOPTED NO. 205 INCREASE MIN. PART. GOALS ON CITY CAP. BOND PROJ. (CC) (#26, 1/12) (CCP#141-MAR. 14, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 206 MINORITY WOMEN PARTICIPATION GOALS FOR THE BUFFALO NEIGHBORHOOD REVITALIZATION CORP., ETC. (ITEM NO. 182, C. C. P., FEB. 20, 200 1) That this Common Council requests the Buffalo Neighborhood Revitalization Corporation establish reasonable goals for minority and female workforce hiring, and MBE/WBE participation for revitalization and new construction of homes in the City of Buffalo; and That the goals set as follows: Minority Hiring - 23%, Female Hiring - 7%, MBE Participation - 25%, WBE Participation - 5%; and That the hiring goals are to apply to employees working on the projects in question and not to other employees of the contractor; and That contractors are required to list the MBE/WBE subcontractors they will be using on a project as part of their bid for the project; and That these hiring and participation goals be included in the contract specifications for all projects and sent as an addendum for the projects for which the specifications have already been distributed. Page 81 01-0612.txt ADOPTED NO. 207 MIN./WOM. PART. GOALS-BFLO. NEIGH. REVIT. CORP. (STRAT. PL.) (CCP#16-MAY 1, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 208 BMHA'S LAKEVIEW HOUSING-HOPE VI PROJECT (COM. SVS.) (CCP#69-APR. 17, 01) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS BY: MR. BONIFACIO NO. 209 RE: ORDINANCE AMENDMENT CHAPTER 511 - ZONING, USE PEN-NIT REQUIREMENT The Common Council of the City of Buffalo does hereby ordain as follows: That Section 511-136 of Article XXVII of Chapter 511 of the Code of the City of Buffalo be amended to read as follows: 511-136 Use Permit required for Human Service Facilities. 1. Effective Date and Expiration. This Article shall take effect on July 1, 1995 and shall expire on [July 1, 2001 ] July 1, 2002. Corporation Counsel NOTE: Matter in brackets to be deleted; matter under lined is new. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 210 BY MR. BONIFACIO EXTENSION OF WEST SIDE COMMUNITY SERVICES 2000-2001 GRANT IN AID CONTRACT Whereas: The City of Buffalo approved a Grant in Aid allocation to West Side Community Services for the 2000-2001 fiscal year, and Whereas:West Side Community services has requested an extension of its Grant In Aid Contract in order to comply fully with the FCA; and Now therefore be it resolved That this Common Council approves West Side Community Services request for an extension of its Grant In Aid contract PASSED AYES -13 NOES - 0 NO. 211 BY: MR. COPPOLA RE: ORDINANCE AMENDMENT CHAPTER 309 - PARKS AND OTHER OPEN SPACES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 309 of the Code of the City of Buffalo be amended to add a new section to read as follows: 309-37. Hazardous operation of a motor vehicle in a-park No person shall operate a motor vehicle within a park in a reckless manner or that creates a hazardous or physically offensive condition, or that unreasonably alarms or annoys another person using the park. Prohibited conduct shall include operating a motor vehicle in proximity to pedestrian or other users of the park by crossing over any pavement Page 82 01-0612.txt markings that separate pedestrian non-vehicular areas from vehicular areas or otherwise operating a vehicle in a manner so as to endanger or create a risk of injury to users of the park, and operating a motor vehicle adjacent to areas designated for pedestrian or non-vehicular use in excess of the posted speed limit in the park. Violations of this section shall be punishable by a fine or a penalty, as provided in Section 1- 15 of the Code of the City of Buffalo. NOTE: Matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 212 BY: MR. COPPOLA EXTENSION OF 2000-2001 GRANT-IN-AID CONTRACT - FOREVER ELMWOOD FACADE IMPROVEMENT PROGRAM Whereas: The City of Buffalo approved a grant-in-aid allocation of $14,000 to the Forever Elmwood Fagade Improvement Program, for the fiscal year ending June 30, 2001; and Whereas: Forever Elmwood has requested a six-month extension of their grant-in-aid contract. Now, Therefore, Be It Resolved: That this Common Council approves an extension of the 2000-2001 grant-in-aid contract for the Forever Elmwood Fagade Improvement Program that is scheduled to end on December 31, 2001. Marc A. Coppola PASSED AYES -13 NOES - 0 NO. 213 BY: MR. FISHER JOINT SCHOOLS CONSTRUCTION BOARD Whereas: After several months of planning since the enabling legislation to build 6 new schools and renovate approximately 78 existing schools was enacted, an RFQ for a "Program Manager" was scheduled to be released May 10' 200 1. Whereas: The Joint Schools construction board issued a press release that the RFQ for a Program Manager was released March 16 2001. This " New" RFQ differs substantially from the document that was posted March Is' for public review and comment as per legislative requirement, from the document that was issued. The new RFQ solicits an Executive Director, Program Manager, and Owners Representative, ("Program Manager") Whereas: Enabling legislation requires JSCB to hire an independent Program management firm to provide comprehensive services, as described in section 3(k). Whereas: As required by enabling legislation, JSCB published for the purpose of obtaining, and received comments on the RFQ for a program manager to provide comprehensive services. RFQ posted March 1" 2001 was thorough in its description of goals, objectives, requirements, desired qualifications, etc. Whereas: Last week JSCB advertised for response by interested parties, an RFQ for an executive director-program manager-owner's representative, quoting verbatim the description of comprehensive services in the enabling legislation as part of the services to be provided. Whereas: Language in the solicitation is unclear and ambiguous as to whether JSCB is now attempting to hire a staff person to oversee the independent program management firm, or to hire the program management firm itself, and seems to digress substantially from and confuse the intention of the legislation. Whereas: The solicitation seems to imply that the JSCB intends for this successful candidate to perform a significant part of the services Page 83 01-0612.txt required by enabling legislation. Remarks of the Mayor and President of the Board of Education in the press release also infer this. Whereas: The solicitation has not included the public comments on the previous advertisement, as required by enabling legislation, and deviates materially from other procedural requirements of the legislation. Section 5(b)(2) refers. Be It Further Resolved: That the following questions have been raised about the process: Is it JSCB intention to hire a firm or a person? Is it JSCB intention to hire an independent Program Manager or an Executive Director-Owner's Representative? Why has the name of the solicitation been changed? Why is this new entity participating in the selection of other consultants, such as the Program Packaging and Development Services Provider? What is a Program Packaging and Development Services Provider, and why was no mention of this "New" entity ever disclosed publicly before? Why have the procedures of the legislation not been followed? Why have the comments of the public hearings and questions not been divulged? 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? 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 and in accordance with the provisions of the enabling legislation"? Why has the solicitation ignored local business and minority participation, and Buffalo strategic planning objectives? Why is there no contact person listed to address any questions to? Why is this entity required to participate in the evaluation of proposals and negotiations for the financing and development of particularschool construction and reconstruction projects when the initial draft RFQ, posted March it requested 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? 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? Who is the selection committee ultimately going to consist of.? Be It Finally Resolved: That this Common Council requests members of the Joint School Construction Board, Buffalo Board of Education, Superintendent of Schools and any relevant staff member to appear before the Council with a written response during the next Education Committee meeting on 6/20/01 to update the Common Council on the current status of the questions asked. REFERRED TO THE CONMITTEE ON EDUCATION, THE BOARD OF EDUCATION, THE JOINT SCHOOL CONSTRUCTION BOARD AND THE CORPORATION COUNSEL NO. 214 BY: MR. FISHER JOINT SCHOOL CONSTRUCTION BOARD WHEREAS, pursuant to the Home Rule Law, the legislative Page 84 01-0612.txt authority delegated to and vested in the City of Buffalo Common Council and its legislative sub-committees to make inquiry and conduct investigative hearings to ensure compliance with the statutory requirements of public bidding and advertising under the laws of the State of New York and to ensure that personnel practices and in particular, the engagement or appointment of special expert consultants is conducted in accordance with standards and administrative policies adopted by the City of Buffalo Board of Education, The Joint Schools Construction Board, the City of Buffalo and subject to the final determination of budgets by the appropriating body, the Common Council; and WHEREAS, the RFQ issued by the JSCB, on or about (date) soliciting responses from interested parties for an "executive director - program manager - owner's representative" quoting verbatim the description of comprehensive services in the enabling legislation, including program management, fails to include the revisions to the original draft of the RFQ for a "Program Manager" public comments and resolutions by the Common Council and the Board of Education during the review and public comment process mandated by the enabling legislation; and WHEREAS, the RFQ issued (date) soliciting responses from interested parties for an "executive director - program manager - owner's representative" purports to require the executive director to perform a significant part of the services intended to be performed by an independent program manager as provided in the enabling statute and in the resolutions of the Board of Education and the Common Council; and further the language in the RFQ solicitation is vague and ambiguous regarding whether the JSCB is seeking to engage a staff person to oversee the independent program management firm or to engage a firm to perform the program management services with a diminished scope of services; and, WHEREAS, the RFQ solicitation for a Program Packaging and Development Services Provider was never disclosed, advertised or submitted for public comment or review by the Common Council or Board of Education prior to being issued, a significant deviation from the procedural requirements of the enabling legislation; and WHEREAS, it is unclear whether either of the RFQs issued by the JSCB complies with sections (3) (k) or section 7-(a) of the enabling legislation which define and provide for engagement of an independent program management firm and its scope of services; and WHEREAS, the confusion and potential inequities created by the vague and contradictory terms and language of the Request for Qualifications for an Executive Director, Program Manager, Owner's Representative advisor to the Joint Schools Construction Board ( issued on or about ..date.. and returnable by June 15, 2001 as it conflicts with the Request for Qualifications for a Program Manager advertised for public comment and the Request for Qualifications for a Program Packaging and Development Services Provider issued on or about May 3 0, 2001 and returnable July 9, 200 1, together with the failure to amend or clarify the language and contractual terms thereof, constitutes an action which changes, impairs and may corrupt the procedures relating to public bidding requirements for the engagement of both a special advisor to the Joint Schools Construction Board and a Program Manager and that as result thereof, such action may alter the process relating to the authorization or issuance of bonds or other obligations of the City of Buffalo; Therefore it is; RESOLVED, that the Chairman of the Education Committee of the Common Council is hereby authorized and directed to secure information by conducting a public hearing and inquiry to investigate, study and make recommendations to ensure compliance with the statutory requirements of public bidding and advertising under the laws of the State of New York and to ensure that personnel practices and in particular, the engagement or appointment of special expert Page 85 01-0612.txt consultants, including but not limited to a Program Manager, is conducted in accordance with standards and administrative policies adopted by the City of Buffalo School Board, The Joint Schools Construction Board, the office of the Mayor; and further, RESOLVED, that the Chairman of the Education Committee of the Common Council, is hereby authorized and directed to require any or all personnel of the City of Buffalo Board of Education and the Joint Schools Construction Board to comply with any and all requests for information as may reflect the business transacted by them involving the past and contemplated appropriation and expenditure of public moneys for the support and engagement of a program manager for the administration of the City of Buffalo City Schools renovation and new school finance, construction and development program; and further RESOLVED, that the Chairman of the Education Committee of the Common Council in furtherance of its lawful legislative powers, is/are hereby authorized and directed to subpoena witnesses to testify as to matters relevant to the investigation being conducted and for that purpose to issue personal subpoenas to compel attendance and the giving of evidentiary testimony and subpoenas duces tecum to compel the production of documents, books and records pertinent and material to the inquiry. REFERRED TO THE COMMITTEE ON EDUCATION, THE BOARD OF EDUCATION, THE JOINT SCHOOL CONSTRUCTION BOARD AND THE CORPORATION COUNSEL By: Mr. Fontana No. 215 SUBJECT: Amendments to By-Laws of the Buffalo Convention Center Management Corporation Whereas: The Boards of Directors of the Buffalo Convention Center Management Corporation ("BCCMC") and the Greater Buffalo Convention and Visitors Bureau, Inc. ("CVB") have voted to amend their respective by-laws so that the Directors of the CVB shall serve simultaneously and constitute the Directors of the BCCMC; and Whereas: This action will serve to more efficiently promote tourism in Erie County and conventions in downtown Buffalo; and Whereas: As proposed, the Mayor and the Council President will each appoint one Director to serve on the Board; and Whereas: The proposed amendments must be approved by the Mayor, the Council, the County Executive and the County Legislature; Now Therefore Be It Resolved: That the proposed Amendments to Article III, Sections I and 2 of the By-Laws of the Buffalo Convention Center Management Corporation as set forth in Exhibit C attached hereto and made a part hereof be and the same hereby are approved by the Common Council of the City of Buffalo to become effective upon approval of said amendments by the Mayor of the City of Buffalo, the Erie County Legislature and the Erie County Executive; and Be It Further Resolved: That the Corporation Counsel of the City of Buffalo is hereby authorized to approve such further amendments to the By-Laws of the Buffalo Convention Center Management Corporation as the Corporation Counsel in his discretion determines to be ministerial amendments necessary or appropriate to make the provisions of the Buffalo Convention Center Management Corporation By-Laws consistent with the provisions of the Convention and Visitors Bureau By-Laws. PASSED AYES - 13 - NOES - 0 RESOLUTION Page 86 01-0612.txt By: Mr. Fontana and Mr. Bonifacio No. 216 SUBJECT: [Niagara Mohawk proposal Whereas: According to a June 1, 2001, New York Times article, "Power Politics, A Failed Energy Plan Catched Up To New York", rates for large-scale energy users have risen sharply: Mr. Earl Robinson, Vice President of Outokumpu, is paying $200,000 more a mouth for electric than in 1999; and Whereas: Outokumpu, a Finnish owned company, based in Buffalo, is considering layoffs for the first time in a over decade; and Whereas: Niagara Mohawk, along with three utilities, plan to sell the Lake Ontario's Nine Mile Point 1 and 82 percent of the Nine Mile 2. The proposed settlement, has been endorsed by the staff of the state Public Service Commission; and Whereas: State Attorney General, Eliot Spitzer concerned with the rising energy costs, is opposed to customers having to pay any stranded costs, or costs that represent a loss to Niagara Mohawk shareholders that result from the Niagara Mohawk sale; and Therefore Be It Resolved: The City of Buffalo Common Council supports State Attorney General Eliot Spizter's concern and also believes ratepayers should not carry the financial burden of stranded costs that result from the Niagara Mohawk sale; and Therefore Be It Finally Resolved: That certified copies be sent to State Attorney General Eliot Spitzer and the Public Service Commission. ADOPTED By: Mr. Fontana NO. 217 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. APPROVED AS TO FORM NOTE: Matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION By: Mr. Golombek NO. 218 SUBJECT: [Internet Access to the Office of Citizen Services] Whereas: The Office of Citizen Services receives a large number of phone calls each day. During busy periods it sometimes becomes necessary callers are put on hold for a short time until someone is available to take their call, and Whereas: Many of the Citizens of the City of Buffalo do not have the time during their work day to wait on hold so the may address their concern to the City of Buffalo, and Whereas: It has been indicated that there are plans to provide an email address for citizens to contact the Office of Citizen Services in the near future. Until then those that can not wait on hold may not be able to contact the Office of Citizen Services, and Be It Resolved: That this Common Council does recognize the on going work that is Page 87 01-0612.txt being done to allow City of Buffalo residents to contact the Office of Citizen Services via the Internet. Until that process is complete this Honorable Body request that the Director of the Office of Citizen Services create and publicize a temporary email address that the citizens of Buffalo may use to send their concerns to the Office of Citizen Services. Be It Finally Resolved: This Honorable Body requests that a report indicating the progress towards the completion of this project be filed by the Director of the Office of Citizen Services in the City Clerk's office by 2: 00 PM Thursday June 2 1, 200 1. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIRECTOR OF CITIZEN SERVICES By: Mr. Golombek NO. 219 SUBJECT: [Display Banner for Buffalo Philharmonic Orchestra] Whereas: The Buffalo Philharmonic Orchestra has announced the summer Mozart Festival. There are nine concerts scheduled at various venues throughout the local area; and, Whereas: To promote the event the organization has requested permission to hang two banners in the City of Buffalo. One banner will hang across Elmwood Avenue near Forest Avenue from Pole # 113 8 to a pole directly across Elmwood Ave near the Northeast comer of Elmwood and Forest Avenues. The other will hang across Delaware Avenue near Chapin from Pole #55 to Pole #50; and, Whereas: The organizers would like to hang the banner starting on June 13'h, 2001 and will have it taken down by July 2 1 st, 200 1. Now, Therefore, Be It Resolved: The Buffalo Philharmonic Orchestra is granted permission by this Honorable Body to hang a banner, pursuant to the conditions set forth by the Commissioner of Public Works, at the above location from, June 13 fl', 2001 to, July 2 1 ", 200 1; and, Be It Finally Resolved: This Common Council recognizes the importance of publicizing events that draw support to our cultural organization. In that the Buffalo Philharmonic is a not-for profit organization this honorable body waives all City of Buffalo fees associated with the publicity of this event. PASSED AYES - 13 - NOES - 0 By: Mr. Golombek NO. 220 SUBJECT: [Display Banner for Open Air Film Festival] Whereas: Dolce Far Niente, Inc, in cooperation with Buffalo State College will present the "Sotto Le Stelle -Free Open Air Film Festival" each Friday in July 200 1; and, Whereas: To promote this event the organizers have requested permission to display a banner on Elmwood Avenue near Bidwell Parkway; and, Whereas: The banner will be hung across Elmwood Avenue between Pole #215 and the building located at 820 Elmwood Avenue. The organizers would like to hang the banner starting on June 20'h, 2001 and will have it taken down by July 27, 200 1. Now, Therefore, Be It Resolved: The organizers of the "Sotto Le Stelle - Free Open Air Film Festival" are granted permission by this Honorable Body to hang a banner, pursuant to the conditions set forth by the Commissioner of Public Works, at the above location from, June 20', 2001 to, July 27th, 2001; and, Be It Finally Resolved: This Common Council recognizes the importance of cultural events Page 88 01-0612.txt that support neighborhood business districts by attracting people. In that the event is free of charge this honorable body waives all City of Buffalo fees associated with the production of this event. PASSED AYES - 13 - NOES - 0 By: Mr. Golombek NO. 221 SUBJECT: (Waive associated fees for Forever Elmwood Free Public Concerts) Whereas: On Tuesday, August 7th 2001 and Tuesday August 14th 2001, Forever Elmwood will hold free concerts that are open to the public, and Whereas: The organization will be utilizing the City of Buffalo band shelter for the events, and Whereas: There will be no profit derived by the concert, its function is to add to the quality of life for those living in the area and to draw people to the Elmwood Avenue business district, and Whereas: The City of Buffalo charges a fee for use of the shelter. Now, Therefore, Be It Resolved: The Common Council encourages the celebration of the important value that the City of Buffalo's historical business districts have added and continue to add to their communities, to this end this Common Council agrees to waive the fee that is charged for use of the band shelter. PASSED AYES -13 NOES - 0 By: Mr. Golombek NO. 222 SUBJECT:(Waive associated fees for official Rediscover Amherst Street participants and activities) Whereas: On Saturday, June 30th 2001, the Grant/Amherst Block Watchers will be holding the fourth annual Rediscover Amherst Street event, this festival celebrates the rich history of this area as well as focusing on those businesses that continue to strive in the area, and Whereas: In the City of Buffalo, one of our most valuable treasures are the historic business districts that are located throughout the city. The City of Buffalo also realizes that the it can only strengthen City by supporting the business that are located within these historical business districts, and Whereas: In conjunction with the 4th Annual Rediscover Amherst Street event, the Grant/Amherst Block Watchers will be holding a block party where area vendors may be offering their goods at discounted prices to the local community, and Whereas: The City of Buffalo charges a processing fee for block party permits, as well as a fee for temporary vendor stands. Now, Therefore, Be It Resolved: The Common Council encourages the celebration of the important value that the City of Buffalo's historical business districts have added and continue to add to their communities, to this end this Common Council agrees to waive the associated fees that are required for official participants of this event. PASSED AYES - 13 - NOES - 0 NO. 223 By: Mrs. Grant: Subject: Bond Resolution $1,650,000 Bonds North District Community Center Account No. 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the Page 89 01-0612.txt issuance of $1,650,000 General Improvement Bonds of said City to finance the cost of the acquisition of land to provide a site and construction thereon of a new North District Community Center, at the estimated maximum cost of $1,650,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Million Six Hundred Fifty Thousand Dollars ($1,650,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of (a) acquisition of two parcels of land located at 1835 and 1847 Niagara Street which collectively, with City-owned parcels at 1839 and 1849 Niagara Street, will provide a site, at the estimated maximum cost of $25,000 and (b) the construction on such site of a new North District Community Center, at the estimated maximum cost of $1,625,000. The total estimated maximum cost of said specific objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,650,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2000-01, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings "Acquisition/Construction North District Community Center, 2000-0l," Account No. 3000-32, and shall be used for the purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $1,650,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose referred to in Section I(a) hereof for which $25,000 bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 21 of the Law, is thirty (30) years. (b) Said building to be constructed will be of at least Class "B" construction, as defined by Section 11.00 a. I I (b) of the Law and the period of probable usefulness applicable to the specific object or purpose referred to in Section I(b) hereof for which $1,625,000 bonds authorized by this resolution are to be issued is twenty (20) years. (c) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law, Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and Page 90 01-0612.txt said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. LAID ON THE TABLE NO. 224 RESOLUTION By Mrs. Grant & all others RE:Creation of a Committee on Health-related Issues and the environment Whereas: Buffalo residents are impacted by a number of health-related conditions such as Toxic Poisoning, Lupus, Asthma, HIV/AIDS, West Nile Virus and other Immune Deficiency diseases or conditions that could be negatively impacted by chemical waste, brownfields, pollutants, or toxic waste sites in the area; and Whereas: Many of these affected citizens do not have the knowledge, expertise or resource available to work with the county or state agencies to address these issues on a frequent basis; and Whereas: These residents contact their city representatives on these health-related issues on regularly; and Whereas: There is currently no committee in city government that can adequately and effectively deal with issues related to health, environment and other quality of health issues. NOW, THEREFORE BE IT RESOLVED: That this Common Council create a health and environment committee that will deal with issues of health, toxic waste and the environment. BE IT FURTHER RESOLVED: That this committee filed timely reports of its findings, investigations, concerns of city residents and other reports with the Buffalo Common Council, Erie County Legislation and the Erie County Health Department. BE IT FINALLY RESOLVED THAT: This resolution be adopted and that the committee on Health and the Environment be convened as soon as possible. REFERRED TO THE COUNCIL PRESIDENT Mrs. Grant NO. 225 Transfer of Funds Comptroller That pursuant to 20-12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $1,950 be and the same is hereby transferred from the Division of Audit and said sum is hereby reappropriated as set forth below: From: 10442001-411001 Audit Annual Salaries $1,950 To: 10441005 -411001 Comptroller - Office Supplies $1,000 10441005-461002 Comptroller - Contract Vendor $ 350 10441006-443400 Comptroller - Equipment Maintenance Contracts Page 91 01-0612.txt $ 100 10441009-480000 Comptroller - Other Services $ 500 PASSED AYES - 13 - NOES - 0 By: Mrs. LoTempio NO. 226 SUBJECT: Acquisition of 2915-2917 Main Street for new school construction Whereas: The Senate and the Assembly of the State of New York approved an act to authorize the commissioner of general services to sell and convey a certain parcel of land to the city for use by the city school district of the city of Buffalo (Chapter 390; S.6368; A.9389; approved and effective August 30, 2000); and Whereas: The city of Buffalo, on behalf of the Buffalo Board of Education, is interested in acquiring the parcel for the development of facilities for educational and related purposes pursuant to Chapter 605 of the Laws of New York 2000; and Whereas: The parcel is commonly known as 2915-2917 Main Street and consists of a five story building situated on approximately 6.104 acres of land; and Whereas: The reasonable purchase price for said sale, conveyance, or transfer, and all other terms and conditions of the sale shall be mutually agreed upon between the parties; Whereas: A resolution from the city of Buffalo authorizing negotiations toward the purchase of the parcel is required; Whereas: Article 3, Section 39 of the Public Lands Law requires that unappropriated State lands, which are authorized to be sold by special legislation, must have an application made within one year of the effective date of the legislation; Now, Therefore, Be It Resolved: That the city of Buffalo desires to apply for the purchase of the subject property under the terms and conditions including purchase price to be mutually agreed .upon between the parties; and Be it further resolved: That this resolution shall constitute authorization for a formal application by the city of Buffalo for the purchase of 2915 - 2917 Main Street, and hereby authorize and direct the Office of Strategic Planning, Division of Real Estate, to take any and all further and necessary actions to implement this resolution and negotiate for acquisition of the aforementioned parcel from the State of New York. PASSED AYES - 13 - NOES - 0 BY: Mrs. LoTempio NO. 227 SUBJECT: Waive Fee for Cazenovia Park Events Committee Whereas: The Cazenovia Park Events Committee has been formed to offer expanded entertainment opportunities in Cazenovia Park; and Whereas: This committee is composed of volunteers representing both the public and private sectors as well as community based organizations, the City of Buffalo, and the South Buffalo Business Association; and Whereas: The Cazenovia Park Events Committee has again this year scheduled Sunday in the Park to be held on July 22, 2001 with July 21, 2001 as set up date; and Whereas: This event will provide the opportunity to enjoy free family fun in a beautiful Olmsted Park setting, while heightening our community's appreciation for our parks and further benefiting the residents of the City of Buffalo; and Whereas: The committee is planning to hold this and additional community based events on an annual basis in Cazenovia Park; and Whereas: The Cazenovia Park Events Committee has requested a Page 92 01-0612.txt waiver of all City fees associated with conducting this event including the bandshell, street closings, and the cost of necessary permits; and Now Therefore, Be It Resolved: That this Honorable Body authorizes a waiver of all fees associated with the Cazenovia Park Events Committee's event to be held in Cazenovia Park on Sunday, July 22, 2001. PASSED AYES - 13 - NOES - 0 By- Mrs. Mary M. Martino NO. 228 SUBJECT: Extension of 20W2001 Grant-in-Aid for the South District Whereas: The City of Buffalo approved a Grant-in-Aid allocation for the South District for the 2000-2001 Fiscal Year ending June -3 )0, 200 1. Now, Therefore, Be It Resolved: That this Common Council approves an extension of ninety days to the 20002001 Grant-M-Aid due to ongoing proj . ects in the district that were scheduled to end on June -30, 2001. PASSED AYES - 13 - NOES - 0 By Mrs. Martino NO. 229 SUBJECT: Waive All Permit Fees for Cazenovia Golf Club Rental of the Cazenovia Casino Whereas: The Cazenovia Golf Club is a non profit group who is requesting rental of the Cazenovia Casino on July 8"', 2001 from 1 pm to 9pm,- and Whereas: The Cazenovia Golf Club will be holding a family picnic for Its membership with attendance of approximately 150. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo waives the fees associated with the pen-nits for Cazenovia Golf Club to hold its picnic at the Cazenovia Casino on July 8"', 2001 PASSED AYES - 13 - NOES - 0 BY: Mr. Pitts NO. 230 RE: Pan Am Women in the Arts Focus Group Public Art Project WHEREAS: Women's Pavilion Pan Am 2001, Inc.'s Women in the Arts Focus Group have organized a public art project to commemorate the anniversary of the 1901 Pan Am Exposition and to give women a wider visibility with their participation in public art; and WHEREAS: In order to install these artworks, proper City permits must be obtained; and WHEREAS: Women's Pavilion Pan Am 2001, Inc. respectfully requests that their not-for-profit organization be granted a waiver of fees for these permits. NOW THEREFORE BE IT RESOLVED THAT: This Common Council waive the above mentioned fees for all permits required for the installation of all artworks proposed by the Women's Pavilion Pan Am 2001, Inc. and that all other permits for this project be obtained as set forth by normal City policy and the Buffalo Arts Commission. PASSED AYES - 13 - NOES - 0 By: Mr. Pitts & Ms. Williams NO. 231 Re: Public Hearing on Proposed Street Closings Whereas: The Chippewa Business and Property Owner's Association Page 93 01-0612.txt in conjunction with Miller Brewing Company has publicly announced a proposal to promote a "Crusin Chippewa Night"; and Whereas: This "Crusin Chippewa Night " would entail the closing of Chippewa Street from Elmwood Avenue to Pearl Street, every Tuesday, from June 19, 2001 to September 4, 2001, from 6:00 PM to 11:00 PM; Now, Therefore, Be It Resolved That: This Common Council will hold a Public Hearing on Thursday, June 14, 2001 at 7:00 PM, in the Common Council Chamber with all involved parties to discuss this issue. REFERRED TO THE COMMITTEE ON LEGISLATION BY: MR. PITTS No. 232 USE OF CITY OWNED LOT AT 280 WALDEN AVENUE WHEREAS: Thomas Hill, Jr. Pastor of Old Landmark New Covenant C.O.G.I.C. Church located at 896 Jefferson Avenue, Buffalo, New York 14204 would like to hold its Soldiers Of Salvation Outreach Ministry Program's Revival on June 21, 22, 23, 2001 at the city owned vacant lot at 280 Walden Avenue; and WHEREAS: Soldiers of Salvation's Outreach Ministry goes into drug infested communities to speak with youth and people living in the area, about a better way of life. Also, they discuss building up the community while "Winning Souls for Christ"; and WHEREAS: The Organizers of the event will coordinate with the appropriate Authorities to make this program successful. NOW, THEREFORE BE IT RESOLVED: That this Common Council grant permission to Old Landmark New Covenant C.O.G.I.C. to hold their Soldiers of Salvation Outreach Ministry Revival Program at 280 Walden Avenue; and BE IT FURTHER RESOLVED: That the Old Landmark New Covenant C.O.G.I.C. Church comply with all the requirements of the Permit Department and will obtain the necessary insurance needed as required. PASSED AYES - 13 - NOES - 0 By: Mr. Thompson NO. 233 Subject: Covering Martin Luther King Jr. Expressway Whereas: The Martin Luther King Jr. Expressway, formally known as the Kensington Expressway, was built in the late fifties and early 1960's as part of the Federal Highway Act; and Whereas: Due to construction of the Kensington Expressway various neighborhoods in the Masten District were split and isolated and Humboldt Parkway, a historic Olmsted Greenspace in the Masten District, was destroyed; and Whereas: this has been an unresolved issue for over 40 years in which many residents have been upset about losing their front and back yards; and Whereas: The Masten portion of the Martin Luther King, Jr. Expressway has the highest concentration of residential housing; and Whereas: There is a national concentrated effort to restore urban greenspace into central cities; and Whereas: There is a local effort to reconnect and restore Olmsted Parks and Parkways; and Whereas: Covering a portion of the Martin Luther King, Jr. Expressway would prove to be beneficial by: Reducing exhaust Reconnecting the neighborhood Increasing urban park areas Aiding in the expansion of the Buffalo Museum of Science Reconnection of the Olmsted Park and Parkway System Now Therefore Be It Resolved: That the State Department of Transportation in collaboration with the City of Buffalo Department of Page 94 01-0612.txt Public Works conduct a feasibility study on covering the Martin Luther King Jr. Expressway, formally known as the Kensington Expressway from East Ferry Street and Humboldt Parkway to Best Street and Humboldt Parkway. REFERRED TO THE COMMITTEE ON LEGISLATION THE COMMISSIONER OF PUBLIC ORKS AND THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION By: Mr. Thompson NO. 234 Park Repairs Whereas: The City of Buffalo is now preparing for the summer season and any parks in the Masten District are in need of dire need of repair causing discontentment and estrangement from potential neighborhood assets; and Whereas: Neighborhood Parks are a vital source of recreation to children, residents surrounding them, Block Clubs and other community service organizations that take an active interest in the upkeep and utilization of urban parkland; and Whereas: Parks that are not continually maintained attract an unfavorable amount of unproductive activity while well maintained neighborhood parks are a reasonable alternative for a safe summer instead of "rough streets"; Now Therefore Be It Resolved: That the following improvements are made immediately to all parks: All brush at all parks (particularly around basketball and tennis courts) are removed, garbage cans are placed in high traffic areas, and all broken benches are replaced; and Be It Further Resolved: Immediate Repairs are made to the following parks: Charlie Perkins Park-Expand fence over to Humboldt YMCA and adjacent lot Benches are moved to sight view Dewey-Replace outdated fence and sidewalks around park, Baseball diamond reestablished, weeds covering the batting cage are removed Florida Pansy Park-Graffiti is removed off of Playground equipment Manhattan Park-Emergency Repairs to field house and park shelter, Football field extended 100 yards, parking lot resurfaced, picnic shelter replaced, repair sidewalks around park Martin Luther King, Jr. Park-Visible police enforced No Parking On Grass Signs posted throughout park, repair of water and sewer system near Green House, installation of emergency phones, resurface tennis and basketball courts, 3 new picnic shelters, reinstallation of water fountains, repair of the foyer and benches in plaza of MLK Bust, installation of a flag, and trim hedges around Greenhouse Trinidad Park Immediate Roof repairs to the shelter house in Trinidad Park That minimum maintenance standards for parks are set and a rapid response system be put in place for expedient resolution to maintenance concerns; and That the Commissioner of Administration and Finance examine additional funding sources to help compensate the need for basic maintenance services due to understaffing and lack of equipment in the parks Department; and That a maintenance plan for the upkeep of Masten District neighborhood parks is filed with this Common Council by 2:00 PM, June 21, 2001. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS COMMISSIONER OF PUBLIC WORKS By: Mr. Thompson NO. 235 Subject: Permission to Display Banner"C- Whereas: The Buffalo Philharmonic Orchestra will hold its annual Page 95 01-0612.txt summer Mozart Festival on Friday, July 6 th , 2001, at Canisius College; and Whereas: To promote this event, the Buffalo Philharmonic Orchestra has requested permission to suspend a banner across Main Street at the Corner of East and West Delavan; Whereas: The organizers would like to display the banner from June 11, 2001 through Friday, July 6, 2001 to promote the concert at Canisius College; and Now, Therefore, Be It Resolved: That this Common Council grant permission to The Buffalo Philharmonic Orchestra to hang a banner Across Main Street from East to West Delavan, pursuant to the conditions established by the Commissioner of Public Works, the Corporation Counsel and the Special Events Advisory Committee. PASSED AYES - 13 - NOES - 0 By: Ms. Barbara Miller-Williams NO. 236 Subject: Permission to hang "Mozart Festival" Banners Whereas: The Buffalo Philharmonic Orchestra - is announcing the summer "Mozart Festival" from June 11, 2001 through July 21, 2001; and Whereas: Representatives from the Buffalo Philharmonic Orchestra have requested permission to utilize street posts in celebration of this event, to hang a banner across Court Street at Main Street; and Whereas: The Buffalo Philharmonic Orchestra request permission to have the Banner displayed between Monday, June 11, 2001 through Saturday July 21, 2001; Now, Therefore, Be it Resolved: This Common Council grants permission to the Buffalo Philharmonic Orchestra to hang a banner celebrating the "Mozart Festival" across Court Street at Main Street from Monday, June 11, 2001 through Saturday July 21, 2001 providing the banners meet all requirements of all pertinent city departments and violates no existing laws or ordinances. PASSED AYES -13 NOES - 0 By: Ms. Barbara Miller-Williams No. 237 Subject: Buffalo Place District Expansion Whereas: By special act of the New York Legislature, the County of Erie is empowered to establish by local law a special district for providing increased and additional public services for the Downtown Buffalo Pedestrian/Transit Mall and the surrounding neighborhoods; and Whereas: The County of Erie established such a special district by passage of Local Law 8 of 1984, as amended by Local Law 3 of 1996; and Whereas: Buffalo Place, the organization that manages said special district under contract with the County of Erie and the City of Buffalo, has proposed to further amend Local Law 8 of 1984 to include additional properties adjacent to the current special district; and Whereas: The State legislation requires the County of Erie to hold a public. Hearing to discuss any proposals for establishing or modifying such a district prior to the introduction of any local law to amend the boundaries of this special district; and Whereas: The State legislation also requires the advice, consent, and approval of the City of Buffalo before action by the County of Erie; and Now, Therefore, Be It Resolved: That the Common Council hold a public hearing, on the proposal to Page 96 01-0612.txt expand the Special Charge District in cooperation with the Erie County Legislature, at the Market Arcade Film & Arts Center, 639 Main Street, Buffalo, New York 14203 at 3:00 p.m. on July 23; and Be It Further Resolved: The requirements for public notice of this hearing include: notice placed in area newspapers 10 days prior to the public hearing, and notices mailed to property owners proposed for inclusion in the expanded district 10 days prior to the public hearing ADOPTED Ms. Barbara Miller-Williams NO. 238 Subject: Permission to Hang Banner on Washington Street Whereas: Buffalo Place, Inc. is allowing pedestrian access to 655-665 Main Street through the Market Arcade Film and Art Centre, located at 639 Main Street and is proposing to hang a notification banner across Washington Street; and Whereas: Representatives from Buffalo Place, Inc. would like to stimulate business activity on Main Street during the current construction by utilizing street posts, to hang the banner across Washington Street to inform the public of such access to this area; and Whereas: Buffalo Place, Inc. requests permission to have the banner displayed until construction is completed and full pedestrian access is returned,. Now, Therefore, be it Resolved: That Common Council grants permission to Buffalo Place Inc. to hang a Banner across Washington Street until said building construction is completed provided the Banner meets all requirements of all pertinent City Departments and violates no existing laws or ordinances. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PULBIC WORKS AND THE CORPORATION COUNSEL BY: MS. MILLER-WILLIAMS NO. 239 : WAIVE PERMIT FEES - Whereas: The Hispanics United of Buffalo, Inc. has been a long-standing community pillar of the Ellicott District in the City of Buffalo; and Whereas: The Hispanics United of Buffalo, Inc. operates a non-profit organization located at 254 Virginia Street; and Whereas: The Hispanics United of Buffalo, Inc. paid permit fees when construction initially began, however the original construction management company activity ceased, creating the need for a second permit to be issued to the new company (Hispanics United of Buffalo, Inc.); and Whereas: Under the direction of Ms Rita A. Colao, Housing Director, and Hispanics United of Buffalo, Inc., this non-profit organization is asking the Common Council to waive all additional permits fees associated with the construction of the Family Preservation Center; Now, Therefore, Be It Resolved: That this Common Council grants a waiver to Hispanics United of Buffalo, Inc. on the duplicate permit fees associated with the construction of the Family Preservation Center a two story masonry addition to the existing facility, located at 254 Virginia Street; and Be It Further Resolved: That the duplicate construction permit fees, associated with this en be waived by the Pen-nits and Inspection Services. With the condition that new construction plans be filed with the Department PASSED AYES - 13 - NOES - 0 Page 97 01-0612.txt NO. 240 APPOIMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term. ending December 31 t 202 t conditional upon the person so appointed certifying under oath to their qualifications and filling same with the City Clerk: CRAIG E. SEMPLE MATTHEW MAKOWSKI MELANIE A. RUSSELL THOMAS GWITT JAMES PIGRANI TANYA R. BRINSON DAVID E. COLLINS LOUIS ALEXANDER DENISE E. O'DONNELL LEONARD SKRIL MAURICE SAID ANGELA RUSLANDER HUGH PRATT EUGENE PIERCE CHARLES PICKENS BRYAN M. PETKO ALBERT W. PETKO MICHAEL J. MCHALE ERIN MCHALE FRANK A. LIPEZ PATRICIA EAGAN LINDA J. DUVALL CHERIDOLAN KAREN K. DALLAS MARYLOU E. CLARK HALLIE BROWSTEIN JAMES V. BAGAROZZO MATTHEW J. BAUDO TERRY AMERSON THOMAS M. AGOSTINO JEAN TAGGART FONZI JEFTREY TOWERS JOHN J. SULLIVAN ROSEMARY CICERO-SULLIVAN PATRICIA A. BOWERS SANDRA L. RASKIN ROBERT JOHN CONIGLIO ROBERT J. LICHTENTHAL,JR. THOMAS G. VOSSLER GARY GREENWAY MICHAEL J. WESOLOWSKI DOROT14Y FURTNEY LINDA A. KING J. GARRETT GRIESER ANTHONY J. THOMAS CHRISTOPHER P. WALSH STEVEN M. CASEY BURT M. MIRTI THOMAS M. SMITH RICHARD J. STRODDARDJR. RICHARD J. STODDARD,SR. ADOPTED BY: BARBARA A. WILLIAMS NO. 241 Appointments Commissioners of -Deeds Required for the Proper performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for the term ending, December 31, 2002, conditional upon, the persons so appointed certifying under oath to their qualifications and filing same with the City MICHAEL A. AGOSTINO MARC COPPOLA KENNETH KERR JOANNE D. LOPEZ JOSEPH GOLOMBEK,JR. PETER J. SAVAGE,III HEATHER M. WILLIAMS GAIL A. AIKIN PATRICK O'ROURKE CHARLES N. LONG J. RICHARD BENITEZ RACHEL E. WILLIAMS SAMUEL P. DAVIS CHRISTOPHER M. PANNOZZO PETER T. JULIANO ADOPTED . f 7 0 NO. 242 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 Page 98 01-0612.txt Committee on Civil Service Tuesday, June 19, 2001 at 9:30 o'clock A.M. Committee on FinanceTuesday, June 19, 2001 following Civil Service Committee on LegislationTuesday, June 19, 2001 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, June 20, 2001 at 10:00 o'clock A.M. Committee on EducationWednesday, June 20, 2001 at 2:00 o'clock P.M. Special Committees Special Committee on Police Reorganization-Thursday, June 14, 2001 at 11:00 o'clock A.M. in Room 1417 City Hall. Bi-National Bridge Committee-Thursday, June 14, 2001 at 2:00 o'clock P.M. in Room 1417 City Hall. Public Hearing on Closing of Chippewa St. -Elmwood-Pearl -every Tuesday from 6/19/01 to 9/4/01 from 6:00 PM to 11:00 PM-Thursday, June 14, 2001 at 7:00 o'clock P.M. in the Common Council Chambers. (Public Disclaimer): All meetings are sub - ject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware, therefore, unless we receive notice from the respective Chairmen. we can only make notification of what we are made aware. NO. 243 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Mr. Fontana moved the Council adjourned at 4:15 pm CHARLES L. MICHAUX, III CITY CLERK Page 99