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HomeMy WebLinkAbout01-0501 01-0501.txt No. 8 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO MAY 1, 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 01-0501.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, MAY 1, 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 APRIL 17, 2001 WERE APPROVED. FROM THE MAYOR FROM THE MAYOR NO. 1 NEW HIRES 7/1/00 TO 03/31/01 Per Commissioner Allen's request, the following is the breakdown of employees hired during the period July 1, 2000 to March 31, 2001: Males Females Page 2 01-0501.txt White 365 White 251 Black 135 Black 136 Hispanic 23 Hispanic 16 Asians 39 Asians 30 Nat. Am. 1 Nat. Am. 1 TOTAL EMPLOYEES HIRED: 997 TOTAL PROVISIONAL: 55 TOTAL SEASONIAL: 142 If additional information is needed please call me at ext. 5509. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 2 MAYOR'S RECOMMENDED BUDGET FISCAL 2001- 2002 Attached hereto is the Mayor's Recommended Budget for fiscal year 2001 - 2002 with a proposed Capital Budget amendment and proposed Ordinance amendment relative to the plan. REFERRED TO THE COMMITTEE ON THE WHOLE NO. 3 Studio Arena Theatre' - Rent Waiver I am filing this item at the request of Jonathan Gardner, Chair of the Board of Trustees of Studio Arena Theatre. Studio Arena is requesting that the City waive approximately $57,400 in accrued back rent-thirteen years at $4,200 per year-and continue that waiver of rent going forward to the end of the Theatre's lease in 2007. I am supportive of Studio Arena's request, as the relief that they receive from this waiver will allow them to expand next season's programming for Buffalo Schools students, adding 5 performances of the production of "City Of Light." As you can see in the attached letter from Ken Neufeld, Executive Director of the Theatre, Studio Arena has numerous other activities of value to the City and the region. I believe that Studio Arena Theatre is a valuable part of the City's Theatre District, our downtown community, and one of the assets that makes Buffalo and Western New York a wonderful place to be. Corporation Counsel Risman will be available to answer any questions you may have on the lease or the waiver. I would appreciate your Honorable Body's support of this request. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 4 CBB Limited Partnership 1728 Broadway Accessory Pole Sign Item No. 112, C.C.P. 4/17/2001 The City Planning Board at its regular meeting held Tuesday, April 24, 2001, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 81x121 pole "ID11 sign, to be located at 1728 Broadway. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed accessory pole sign conditioned on the maximum overall height of 181 and the area of the sign at 60 S.F. RECEIVED AND FILED NO. 5 K. Bianchi & N. McNamara Page 3 01-0501.txt 654 Cresent Ave. Third Floor Dwelling Item No. 111, C.C.P. 4/17/2001 The City Planning Board at its regular meeting held Tuesday, April 24, 2001, considered the matter captioned above pursuant to Section 317.1 of the Buffalo Code, referable matters to the City Planning Board. The applicant seeks to use the third floor of a dwelling unit as a recreation room with a bathroom at 654 Crescent Avenue. The Planning Board voted to receive and file this item because it erroneously sent to the Common Council. RECEIVED AND FILED NO. 6 J. Reaves & D. Santoro 1292 Hertel Ave. Restaurant Expansion Item No. 108, C.C.P. 4/17/2000 The City Planning Board at its regular meeting held Tuesday, April 24, 2000, considered the matter captioned above pursuant to Section 511-59 of the Buffalo Code, Hertel Avenue District. The applicant seeks to expand an existing restaurant next door into a vacant former store at 1292-1294 Hertel Avenue. The Planning Board voted to recommend approval of the proposed expansion of restaurant. RECEIVED AND FILED NO. 7 Niagara Ontario Plaza 2207 Niagara St. Accessory Pole Sign Item No. 109, C.C.P. 4/17/2001 The City Planning Board at its regular meeting held Tuesday, April 24, 2001, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 121x201 multi-tenant pole "IDII sign, to be located at 2207 Niagara St. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The total area of all signs can not exceed 310, S.F. in area. The Planning Board voted to recommend approval of the proposed accessory pole signs conditioned on the maximum overall height of 181, a setback of at least 51 feet from the sidewalk and removal of all other free standing "ID" signs, not pertaining to these tenants, from this location. RECEIVED AND FILED NO. 8 Harbour Place Marina 2192 Niagara St. Accessory Pole Sign Item No. 94, C.C.P. 4/3/2001 The City Planning Board at its regular meeting held Tuesday, April 24, 2001, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 131x101 pole "ID11 sign, with two 81x3l accessory "ID" panels, affixed below the main sign at an overall height of 291 to be located at 2192 Niagara St. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board traditionally would not approve a sign at this height but made an Page 4 01-0501.txt exception because the businesses at this location do not have any street frontage an are obscured by the elevated 1-190. The Planning Board voted to recommend approval of the proposed accessory signs conditioned on a landscaping element which will provide dense coverage surrounding the base of the support poles. Evergreen trees such as Austrian Pines along with other planting will accomplish this requirement. RECEIVED AND FILED NO. 9 B. Palpdino 252 Delaware Ave. Sidewalk cafe Item No. 55, C.C.P. 4/17/2001 The City Planning Board at its regular meeting held Tuesday, April 24, 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 30'x9' sidewalk cafe in front of the business located at 252 Delaware Avenue. This is an existing sidewalk caf6 with a change of ownership. 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 caf6 with the following conditions: 1. No outside music is allowed 2. Closing at 11 p.m. during the week and 1 a.m. on weekends 3. No outside trash receptacles RECEIVED AND FILED NO. 10 D. Consentino 951 Elmwood Ave. Sidewalk cafe Item No. 56, C.C.P. 4/17/2001 The City Planning Board at its regular meeting held Tuesday, April 24, 2001, considered the matter captioned above pursuant to Section 413-59 and 511-56 of the Buffalo Code, Sidewalk cafes and Elmwood Avenue Business District, respectively. The applicant seeks to encroach the right-of-way with two 201x 6l sidewalk cafes in front of the business located at 951 Elmwood Avenue. This is an expansion of the Caf6 Aroma's caf6 around the corner on Bidwell Parkway. 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 caf6s with the following conditions: 1. No outside music is allowed 2. Closing at 11 p.m. RECEIVED AND FILED NO. 11 E. Flammer 133 S. Division St. A.K.A. 17 Elm St. Non-Accessory Advertising Item No. 107, C.C.P. 4/17/2001 The City Planning Board at its regular meeting held Tuesday, April 24, 2001, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect 451x351 of non-accessory advertising on the side of a 5 story building at 133 S. Division. Under SEQR the proposed nonaccessory advertising is considered an unlisted action which may be studied through uncoordinated review. The Planning Board first voted to recommend denial of the proposed Page 5 01-0501.txt nonaccessory advertising but that vote did not carry. The Planning Board then voted to table the item and communicate to the Council that some discussions should occur before taking any action on the matter. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 12 T. Hawkins 188-192 Maple & 173 Carlton St. Parking lots Item No. 112, C.C.P. 9/5/2000 The City Planning Board at its regular meeting held Tuesday, April 24, 2001, considered the matter captioned above pursuant to Section 511-98 of the Buffalo Code, Restricted parking in a residential zone. The applicant seeks to expand an existing parking lot, that is not in compliance with prior Planning Board approval and building code, into adjacent vacant lots at 188-192 Maple and 173 Carlton Streets. Under SEQR the proposed parking lot is considered and unlisted action which may be studied through uncoordinated review. The Planning Board voted to deny the proposed parking lot expansion after months of Inspection Department reports the existing parking lot is still not in compliance with building codes and planning Board conditions. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE OFFICE OF STRATEGIC PLANNING NO. 13 Report of Bids Vacant Lot Maintenance Program - Ellicott District - 2001 Group 9564 Item 4126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids for the Vacant Lot Maintenance Program - Ellicott District - 2001, Group #564. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase North America Construction Co., Inc. $ 23 1,955.00 $255,150.50 Scott Lawn Yard, Inc. $ 516,362.00 $567,987.20 C, Destro Development Co., Inc. $605,100.00 $665,610.00 Master's Edge, Inc. $796,715.00 $876,386.50 P & J Construction Co., Inc. $1,294,914.00 $1,424,405.40 Depew Development $3,731,450.00 $4,104,595.00 I hereby certify that the lowest responsible bidder for the above project is North America Construction I respectfully recommend that your Honorable Body authorize a contract award in the amount of S255,!50.50 ($231,955.00 Base Bid + 10% unit price increase $23,195.00 = Total Award $255,150.50 Funds for this work are in Capital Project Account #35340106-445100. The engineer's estimate for this work is $363,060.00 The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by June 2, 2001. Individual bid submissions are available in our office for inspection and copies are available upon request. Page 6 01-0501.txt REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS No. 14 Report of Bids Vacant Lot Maintenance Program - Fillmore District - 2001 Group 4563 Item #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids for the Vacant Lot Maintenance Program - Fillmore District - 2001, Group #563. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase North America Construction Co., Inc. $124,410.00 $136,851.00 Scott Lawn yard, Inc. $244,992.00 $269,491.20 A.B.P. Concrete Construction, Inc. 272,745.00 $300,019.50 C. Destro Development Co., Inc. $287,100.00 $344,520.00 Master's Edge, Inc. $373,230.00 $410,553.00 Depew Development $1,770,450.00 $1,947,495.00 I hereby certify that the lowest responsible bidder for the above project is North America Construction Co., Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $136,851.00 ($124,410.00 Base Bid + 10% unit price increase $12,441.00 = Total Award $136,851.00 Funds for this work are in Capital Project Account #35340106-445 100. The engineer's estimate for this work is $172,260.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by June 2, 2001. Individual bid submissions are available in our office for inspection and copies are available upon request. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS No. 15 Report of Bids Vacant Lot Maintenance Program - Masten District - 2001 Group #565 Item #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids for the Vacant Lot Maintenance Program - Masten District - 2001, Group #565. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase North America Construction Co., Inc. $113,680.00 $125,048.00 Scott Lawn yard, Inc. $200,704.00 $220,774.00 C. Destro Development Co., Inc. $235,200.00 $258,720.00 Page 7 01-0501.txt A.B.P. Concrete Construction, Inc .$250,880.00 $275,968.00 Master's Edge, Inc. $360,640.00 $396,704.00 Depew Development, Inc. $1,450,400.00 $1,595,440.00 I hereby certify that the lowest responsible bidder for the above project is North America Construction Co., Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $125,048.00 ($113,680.00 Base Bid + 10% unit price increase $11,368.00 = Total Award $125,048.00 Funds for this work are in Capital Project Account #35340106-445100. The engineer's estimate for this work is $141,120.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is notmadebyJune2, 2001. Individual bid submissions are available in our office for inspection and copies are available upon request. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS PARKS AND STREETS No. 16 Minority/Women Participation Goals for the Buffalo Neighborhood Revitalization Corporation - Attached Common Council Resolution Your Honorable Body has requested that BNRC establish the following goals for minority and female workforce hiring and MBE/WBE participation for revitalization and new construction of homes in the City of Buffalo: Minority Hiring 23% Female Hiring 7% MBE Participation 25% WBE Participation 5% I will request our board to adopt these goals for BNRC construction projects and require that they list the MBE/WBE subcontractors they will be using on a project as part of their bid for the project. REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE No. 17 Item No. 16 1, CCP 4/3/01 FORMER SCHOOL 62, 376 Urban Street This item is submitted in response to Council Item 161, CCP 4/3/01. Accordingly please be advised as follows: I .Current "as built" architectural plans and drawings have been submitted to the Department of Public Works, Office of Plan Review, as well as, Office of Fire Prevention. These plans as submitted are currently being reviewed and a request has been made for additional detail. 2. The original contractor, who built the facility, was MAC Associates, Mr. Anthony Pirrone. 3. The Building Inspector that signed the Certificate of Occupancy granting approval for the completed facility was Frank Gizzo of the Department of Inspections. 4. With regard to deficiencies identified by the Fire Prevention Bureau, all violations as cited by Lt. Melvin Drakeford have been corrected. (See copy of correspondence dated April 9, 2001, as submitted by Robert J. Stasio, Chief, Bureau of Fire Prevention. I trust that this Honorable Body will find that the solutions currently being implemented are satisfactory and I have instructed staff to continue to monitor the progress of all actions to be undertaken by the Broadway/Fillmore Neighborhood Housing Services to remedy this situation and provide the Common Council with information in a timely manner. REFERRED TO THE COMMITTEE ON LEGISLATION Page 8 01-0501.txt FROM THE COMPTROLLER NO. 18 Central Terminal Restoration Corp. (Item #160C.C.P. 4/3/01) At the present time, we have been unable to locate a contract between the city and Central Terminal Restoration Corp. We are continuing to research this matter with the corporation counsel's office. Meantime, we have asked the Central Terminal Restoration Corp. to provide our office with whatever audit reports it has, and copies of its incorporation and bylaws. We will also research the receivable and payable systems to determine the extent of our relationship with the organization. REFERRED TOT HE COMMITTEE ON FINANCE NO. 19 Certificate of Necessity Capital Budget Amendment Change of Purpose We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify, pursuant to Sec. 20-28 of the Charter, that it is necessary to authorize a change in purpose in indebtedness for Capital Projects Program, provided by the Common Council prior to January 1, 2001 for the ensuing fiscal year, by changing the following item: From: Capital Projects Public Works Kensington/Elmer -Neigh. Playground Dev. $50,000 To: Capital Projects Public Works Kensington/Northumerland Neighborhood Playground Development $50,000 RECEIVED AND FILED NO. 20 Certificate of Necessity Capital Budget Amendment Authorization for Additional Capital Indebtedness We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify, pursuant to 20-28 of the Charter, that it is necessary to authorize an increase in indebtedness for Capital Projects Program, provided by the Common Council prior to January 1, 2001 for the ensuing fiscal year, by adding the following item: Capital Projects Public Works - Engineering - Neighborhood and Infrastructure improvements in areas proximate to the five (5) proposed neighborhood schools $1,000,00 RECEIVED AND FILED NO. 21 Certificate of Necessity Increased Appropriation Fund Balance Transfer to Water Board We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify pursuant to 20-11 of the Charter, that an increase in the sum of $900,000 in the estimates for the fiscal year beginning July 1, 2000 is necessary in Appropriation Allotments - Transfer to Water Board, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 10700096 - 397000 Unreserved Fund Balance (originally designated for shortfall in Page 9 01-0501.txt CDBG), not otherwise appropriated for any other purpose. The details of the requirements are set forth below: To: General Fund 17523008-489191 Transfer to Water Board $900,000 RECEIVED AND FILED NO. 22 Certificate of Necessity Increased Appropriation Department of Police We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify pursuant to Section 41 of the Charter, that increases in the sum of $40,639.23 in the estimate for the fiscal year beginning July 1, 2000 is necessary in Appropriation Allotments for the Department of Police - various accounts, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriations will be met from an increase of $40,639.23 in the General City Revenue account Org & Obj 4 10200030 - 364000 - Deposit of Unclaimed Property not otherwise appropriated for any other purpose. The details of the requirements are set forth below: To: 12000006-432004 - Office of the Police Commissioner-Engineering & Tech Svcs $ 23000 12000006-455000 - Office of the Police Commissioner-Printing & Binding $ 1,187 12001006-456001 - Detective Bureau-Prisoner Transfer $ 452.23 12021005-461002 - Administration & Communication-Contract Vendor Supplies $10,000 12021005-461300 - Administration & Communication-Medical & Veterinary Supplies $ 2,000 12021005-461400 - Administration & Communication-Postage $ 5,000 12021005-464000 - Administration & Communication-Periodicals/Training Videos $ 4,000 12021005-467000 - Administration & Communication-Miscellaneous Supplies $ 11,000 12021006-455000 - Administration & Communication-Printing & Duplicating Supplies $ 11,000 12021006-480000 - Administration & Communication-Printing & Other Services $10,000 12023003-441002 - Building Maintenance-Heating Oil $ 2,000 12023006-442300 - Building Maintenance-Custodial Services $ 2,000 RECEIVED AND FILED NO. 23 Certificate of Necessity Increased Approropriation Reserve for Capital Budget BNMA/Hud Substance Abuse Program We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify pursuant to 20-11 of the Charter, that an increase in the sum of $8,500 in the estimates for the fiscal year beginning July 1, 2000 is necessary in Appropriation Allotments - BMHA/Hud Substance Abuse Program - Capital Outlay, to meet a contingency which could not have been reasonably foreseen when the Page 10 01-0501.txt budget was adopted. The amount of increased appropriation will be met from 10700096 - 397200 Reserve for Capital Budget, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: To: 15506007-474200 - BMHA/Hud Substance Abuse Program - Vehicles $8,500 RECEIVED AND FILED NO. 24 Certificate of Necessity Transfer of Funds Comptroller We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $5,800 be transferred and reappropriated from the Division of Audit, as set forth below: From: 10442001-411001 Division of Audit - Personal Services - Salaries $5,800 To: 10441006-432001 Comptroller - Auditing Services $5,800 RECEIVED AND FILED No. 25 Certificate of Necessity Transfer of Funds Division of Engineering Street Cleaning & Snow Removal We, Anthony M. Masiello, Mayor and Anthony R. Nanula, Comptroller, do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $313,801.38 be transferred and reappropriated from the Division of Engineering, as set forth below: From: 13100006-480000 Public Works, Parks & Streets - Division of Engineering - Other Services $313,801.38 To 15030005-461106 - Public Works, Parks & Streets - Street Cleaning & Snow Removal - Sand & Salt 4313,801.38 RECEIVED AND FILED NO. 26 Certificate of Necessity Transfer of Funds Common Council Legislative 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 $3,050 be transferred and reappropriated from the Common Council, as set forth below: From: 10 114004-45 8001 Councilmember # 13 Transportation $ 900 10 114004-45 8002 Councilmember # 13 Meals & Lodging $1,250 10 114004-45 8003 Council # 13 Registration & Membership $ 900 To: 10102001- 412002 Common Council, Legislative, Hour Salary $3,050 RECEIVED AND FILED NO. 27 R. Hicks-AXA-Deferred Comp. Plan The issue of a deferred compensation plan is most appropriately a Page 11 01-0501.txt matter for consideration by the Corporation Counsel's office and the Department of Human Resources. If there is consideration to change to a new deferred compensation plan, we would certainly take part in implementing those changes at the payroll level if a decision is made to go forward. REFEFFERED TO THE COMMITTEE ON CIVIL SERVICE NO. 28 INTERFUND LOAN - $100,000 Over the last seven years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have several requests for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $100,000 against the 2001-2002 City Capital Improvements Budget for Parkside Lodge Reconstruction approved in the 00-01 Capital Budget. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From 1000 General To 3000 Capital Projects Account 36322006 Repayment Date Bond Sale Total 100,000 Pursuant to the City's Capital Budget/Debt Management Policy, the City expects to issue bonds in the amount of about $15,848,000 for City Projects during the Fiscal Year 2001/2002. Currently, there are zero City Projects with outstanding interfund loans, If all requests submitted 5/01/01 are approved, the City will be committed to four million nine hundred forty eight thousand dollars ($4,948,000*) in projects. Therefore, the future projects that can be interfund loaned or included in the 2001/2002 debt issue will be limited to $10,900,000.00, if all Interfund Loans are passed. Bonds to be issued Fiscal Year $ 15,848,000 2001/2002 Approved Interfund Loans 1,180,000 $ 15,848,000 LESS: All requests submitted 5/01/01 $ 3,768,000 Balance available for F/Y 2000/2001 $ 10,900,000 *Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Mrs. LoTempio Moved: That the above communication from the Comptroller dated April 18, 2001, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund City's Capital Projects Fund in the amount of $100,000 against the 2001-2002 City Capital Improvements Budget for Parkside Lodge Reconstruction. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED AYES - 13 - NOES - 0 No. 29 Interfund Loan Over the last seven years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Page 12 01-0501.txt Notes or Bonds are issued to finance these projects. As of today, we have several requests for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $125,000 against the 2001-2002 City Capital Improvements Budget for N. Buffalo Community Center Improvements approved in the 00-01 Capital Budget. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From 1000 General To 3000 Capital Projects Account 36321906 Repayment Date Bond Sale Total 125,000 Pursuant to the City's Capital Budget/Debt Management Policy, the City expects to issue bonds in the amount of about $15,848,000 for City Projects during the Fiscal Year 2001/2002. Currently, there are zero City Projects with outstanding interfund loans. If all requests submitted 5/01/01 are approved, the City will be committed to four million nine hundred forty eight thousand dollars ($4,948,000*) in projects. Therefore, the future projects that can be interfund loaned or included in the 2001/2002 debt issue will be limited to $10,900,000.00, if all Interfund Loans are passed. Bonds to be issued Fiscal Year $ 15,848,000 2001/2002 Approved Interfund Loans- 1,180,000 $ 15,848,000 LESS: All requests submitted 5/01/01 $ 3,768,000 Balance available for F/Y 2000/2001 $ 10,900,000 *Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Mrs. LoTempio Moved: That the above communication from the Comptroller dated April 18, 2001, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund City's Capital Projects Fund in the amount of $125,000 against the 2001-2002 City Capital Improvements Budget for N. Buffalo Community Center Improvements. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED AYES - 13 - NOES - 0 NO. 30 INTERFUND LOAN - $140,000 Over the last seven years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have several requests for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $140,000 against the 2001-2002 City Capital Improvements Budget for Library Reconstruction (E. Clinton) approved in the 00-01 Capital Budget. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Page 13 01-0501.txt 1000 General 3000 Capital Proj 36321806Bond Sale Total 140,000 Pursuant to the City's Capital Budget/Debt Management Policy, the City expects to issue bonds in the amount of about $15,848,000 for City Projects during the Fiscal Year 2001/2002. Currently, there are zero City Projects with outstanding interfund loans. If all requests submitted 5/ 1/01 are approved, the City will be committed to four million nine hundred forty eight thousand dollars ($4,948,000*) in projects. Therefore, the future projects that can be interfund loaned or included in the 2001/2002 debt issue will be limited to $10,900,000.00, if all Interfund Loans are passed. Bonds to be issued Fiscal Year$ 15,848,000 2001/2002 Approved Interfund Loans 1,180,000 $ 15,848,000 LESS: All requests submitted 5/ 1 / 01$ 3,768,000 Balance available for F/Y 2000/2001$ 10,900,000 *Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Mrs LoTempio moved: That the above communication from the Comptroller dated April 18, 2001, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund City's Capital Projects Fund in the amount of $140,000 against the 2001-2002 City Capital Improvements Budget for Library Reconstruction (E. Clinton). The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED AYES -13 NOES - 0 NO. 31 INTERFUND LOAN $150,000 Over the last seven years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have several requests for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $150,000 against the 2001-2002 City Capital Improvements Budget for Cazenovia Pools Refurbishments approved in the 00-01 Capital Budget. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. FromTo AccountRepayment Date 1000 General3000 Capital Proj 36400106 Bond Sale Total150,000 Pursuant to the City's Capital Budget/Debt Management Policy, the City expects to issue bonds in the amount of about $15,848,000 for City Projects during the Fiscal Year 2001/2002. Currently, there are zero City Projects with outstanding interfund loans. If all requests submitted 5/ 1/01 are approved, the City will be committed to four million nine hundred forty eight thousand dollars ($4,948,000*) in projects. Therefore, the future projects that can be interfund loaned or included in the 2001/2002 debt issue will be limited to $10,900,000.00, if all Interfund Loans are passed. Bonds to be issued Fiscal Year$ 15,848,000 2001/2002 Approved Interfund Loans1,180,000 $ 15,848,000 Page 14 01-0501.txt LESS: All requests submitted 5 / 1 / 0 1$ 3,768,000 Balance available for F/Y 2000/2001$ 10,900,000 *Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Mrs. LoTempio moved: That the above communication from the Comptroller dated April 18, 2001, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund City's Capital Projects Fund in the amount of $150,000 against the 2001-2002 City Capital Improvements Budget for Cazenovia Pools Refurbishment. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED AYES -13 NOES - 0 NO. 32 INTERFUND LOAN $175,000 Over the last seven years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have several requests for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $175,000 against the 2001-2002 City Capital Improvements Budget for Library Reconstruction (Franczak) approved in the 00-01 Capital Budget. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. FromTo AccountRepayment Date 1000 General3000 Capital Proj36321706 Bond Sale Total 175,000 Pursuant to the City's Capital Budget/Debt Management Policy, the City expects to issue bonds in the amount of about $15,848,000 for City Projects during the Fiscal Year 2001/2002. Currently, there are zero City Projects with outstanding interfund loans. If all requests submitted 5/01/01 are approved, the City will be committed to four million nine hundred forty eight thousand dollars ($4,948,00 *) in projects. Therefore, the future projects that can be interfund loaned or included in the 2001/2002 debt issue will be limited to $10,900,000.00, if all Interfund Loans are passed. Bonds to be issued Fiscal Year$ 15,848,000 2001/2002 Approved Interfund Loans1,180,000 $15,848,000 LESS: All requests submitted 5/01/01 $ 3,768,000 Balance available for F/Y 2000/2001 $ 10,900,000 *Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Mrs. LoTempio moved: That the above communication from the Comptroller dated April 18, 2001, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund City's Capital Projects Fund in the amount of $175,000 against the 2001-2002 City Capital Improvements Budget for Library Reconstruction (Fronzcak). The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED Page 15 01-0501.txt AYES -13 NOES - 0 NO. 33 INTERFUND LOAN $200,000 Over the last seven years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have several requests for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $200,000 against the 2001-2002 City Capital Improvements Budget for Delaware Park Casino Reconstruction approved in the 00-01 Capital Budget. The loan will be repaid when Bond Anticipation Notes or Bonds are issued, FromToAccountRepayment Date 1000 General3000 Capital Proj36321406 Bond Sale Total200,000 Pursuant to the City's Capital Budget/Debt Management Policy, the City expects to issue bonds in the amount of about $15,848,000 for City Projects during the Fiscal Year 2001/2002. Currently, there are zero City Projects with outstanding interfund loans. If all requests submitted S/ 1/01 are approved, the City will be committed to four million nine hundred forty eight thousand dollars (4,948,000*) in projects. Therefore, the future projects that can be interfund loaned or included in the 2001/2002 debt issue will be limited to $10,900,000.00, if all Interfund Loans are passed. Bonds to be issued Fiscal Year$ 15,848,000 2001/2002 Approved Interfund Loans1,180,000 $ 15,848,000 LESS: All requests submitted 5 / I / 0 1$ 3,768,000 Balance available for F/Y 2000/2001$ 10,900,000 *Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Mrs. LoTempio moved: That the above communication from the Comptroller dated April 18, 2001, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund City's Capital Projects Fund in the amount of $200,000 against the 2001-2002 City Capital Improvements Budget for Delaware Park Casino Reconstruction. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED AYES -13 NOES - 0 NO. 34 INTERFUND LOAN 238,000 Over the last seven years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have several requests for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $238,000 against the 2001-2002 City Capital Improvements Budget for Kleinhans Main Auditorium Improvements approved in the 00-01 Page 16 01-0501.txt Capital Budget. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. FromTo AccountRepayment Date 1000 General3000 Capital Proj36321606 Bond Sale Total 238,000 Pursuant to the City's Capital Budget/Debt Management Policy, the City expects to issue bonds in the amount of about $15,848,000 for City Projects during the Fiscal Year 2001/2002. Currently, there are zero City Projects with outstanding interfund loans. If all requests submitted 5/01/01 are approved, the City will be committed to four million nine hundred forty eight thousand dollars ($4,948,000*) in projects. Therefore, the future projects that can be interfund loaned or included in the 2001/2002 debt issue will be limited to $10,900,000.00, if all Interfund Loans are passed. Bonds to be issued Fiscal Year$ 15,848,000 2001/2002 Approved Interfund Loans1,180,000 $ 15,848,000 LESS: All requests submitted 5/01/01$ 3,768,000 Balance available for F/Y 2000/2001$ 10,900,000 *Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Mrs. LoTempio moved: That the above communication from the Comptroller dated April 18, 2001, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund City's Capital Projects Fund in the amount of $238,000 against the 2001-2002 City Capital Improvements Budget for Kleinhans Main Auditorium Improvements. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED AYES -13 NOES - 0 NO. 35 INTERFUND LOAN -300,000 Over the last seven years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have several requests for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $300,000 against the 2001-2002 City Capital Improvements Budget for Auto Impound Roof approved in the 00-01 Capital Budget. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date 1000 General 3000 Capital Proj 36321206Bond Sale Total300,000 Pursuant to the City's Capital Budget/Debt Management Policy, the City expects to issue bonds in the amount of about $15,848,000 for City Projects during the Fiscal Year 2001/2002. Currently, there are zero City Projects with outstanding interfund loans. If all requests submitted 5/ 1/01 are approved, the City will be committed to four million nine hundred forty eight thousand dollars ($4,948,000*) in projects. Therefore, the future projects that can be interfund loaned or included in the 2001/2002 debt issue will be limited to $10,900,000.00, if all Interfund Loans are passed. Page 17 01-0501.txt Bonds to be issued Fiscal Year$ 15,848,000 2001/2002 Approved Interfund Loans1,180,000 $ 15,848,000 LESS: All requests submitted 5 / 1 / 01$ 3,768,000 Balance available for F/Y 2000/2001$ 10,900,000 *Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Mrs. LoTempio moved: That the above communication from the Comptroller dated April 18, 2001, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund City's Capital Projects Fund in the amount of $300,000 against the 2001-2002 City Capital Improvements Budget for Auto Impound Roof The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED AYES -13 NOES - 0 NO. 36 INTERFUND LOAN 500,000 Over the last seven years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have several requests for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $500,000 against the 2001-2002 City Capital Improvements Budget for JFK Center Reconstruction approved in the 00-01 Capital Budget. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To AccountRepayment Date Total 1000 General 3000 Capital Proj 36321506 Bond Sale 500,000 Pursuant to the City's Capital Budget/Debt Management Policy, the City expects to issue bonds in the amount of about $15,848,000 for City Projects during the Fiscal Year 2001/2002. Currently, there are zero City Projects with outstanding interfund loans. If all requests submitted 5/l/01 are approved, the City will be committed to four million nine hundred forty eight thousand dollars ($4,948,000*) in projects. Therefore, the future projects that can be interfund loaned or included in the 2001/2002 debt issue will be limited to $10,900,000.00, if all Interfund Loans are passed. Bonds to be issued Fiscal Year$ 15,848,000 2001/2002 Approved Interfund Loans1,180,000 $ 15,848,000 LESS: All requests submitted 5 / I / 01$ 3,768,000 Balance available for F/Y 2000/2001$ 10,900,000 *Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Mrs. LoTempio moved: That the above communication from the Comptroller dated April 18, 2001, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund City's Capital Projects Fund in the amount of $500,000 against the 2001-2002 City Capital Page 18 01-0501.txt Improvements Budget for JFK Center Reconstruction. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED AYES -13 NOES - 0 NO. 37 INTERFUND LOAN 1,700,000 Over the last seven years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have several requests for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $1,700,000 against the 2001-2002 City Capital Improvements Budget for Construction Jefferson Ave. Library approved in the 99-00 Capital Budget. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date Total 1000 General 3000 Capital Proj 36321306 Bond Sale1,700,000 Pursuant to the City's Capital Budget/Debt Management Policy, the City expects to issue bonds in the amount of about $15,848,000 for City Projects during the Fiscal Year 2001/2002. Currently, there are zero City Projects with outstanding interfund loans. If all requests submitted 5/ 1/01 are approved, the City will be committed to four million nine hundred forty eight thousand dollars ($4,948,000*) in projects. Therefore, the future projects that can be interfund loaned or included in the 2001/2002 debt issue will be limited to $10,900,000.00, if all Interfund Loans are passed. Bonds to be issued Fiscal Year$ 15,848,000 2001/2002 Approved Interfund Loans 1,180,000 $ 15,848,000 LESS: All requests submitted 5/ 1 / 01 $ 3,768,000 Balance available for F/Y 2000/2001$ 10,900,000 *Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Mrs. LoTempio moved: That the above communication from the Comptroller dated April 18, 2001, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund City's Capital Projects Fund in the amount of $1,700,000 against the 2001-2002 City Capital Improvements Budget for Jefferson Avenue Library. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED AYES -13 NOES - 0 FROM THE PRESIDENT OF THE COUNCIL NO. 38 REVOLVING FUND & NEIGHBORHOOD DEVELOPMENT CONTRACTS Upon review of the budget submissions from the Community Based Organizations and the three R.L.F. agencies, it appears that the budget dollar requests exceed the dollars available to fund these contracts. In order for the Office of Strategic Planning (OSP) to continue negotiating these contracts, we are preparing to seek B.U.R.A. permission to enter into four-month contracts with the Page 19 01-0501.txt agencies listed on the attached sheet. A majority of the groups will receive approximately 25% of their Year 25/26 contract dollar amount. Please submit a set of contract forms with the revised dollar amounts as well as all supporting documentation to the OSP Over the next four weeks we will continue to meet with the three lead agencies, as well as the individual Community Based Organizations, to better understand funding requests and priorities. Our goal is to have R.L.F. contracts in-place no later than July 1, 2001. Should you have any questions, please do not hesitate to contact Joanne Kearns at 851-5317. Buffalo Common Council Members Linda Przepasniak Charles Thomas Mary Lesniak Lawrence Tyler, FCA Housing & Neighborhood Development Specialists ATTACHMENT 920 City Hall - 65 Niagara Square - Buffalo, New York 14202-3376 - (716) 851-5035 - FAX: (716) 854-0172 REFERRED TO THE COMMITTEE OF THE WHOLE NO. 39 SIDEWALK SNOW REMOVAL CONCERNS As discussed in the Task Force on Street Services, many residents, Phone: (716) 851 -5105community groups, and City of Buffalo agencies agree that numerous times Fax: (716) 851-42Mduring the winter months, sidewalks in the City of Buffalo are unwalkable due to the lack of snow removal. Task Force members agree that this poses a serious hazard to pedestrians as well as drivers. Mr. James Pavel has requested the attached proposal from Keep WNY Beautiful be provided to you for your review. This proposal is based on discussion that has taken place over the last few months by Task Force members and guests. If you need any further information regarding this proposal, please feel free to contact Mr. James Pavel at 851-4370. Thank you. REFERRED TO THESPECIAL COMMITTEE ON STREETS AND PUBLIC SERVICE NO. 40 EMERG SERVICES FIRE DISPATCHER I am writing on behalf of the Emergency Service Fire Dispatchers of the Buffalo Fire Department. We are seeking your assistance in changing our work schedule. We are now working 8-hour shifts and we would like to work the platoon schedule as the firefighters do. We have been told that it would be more beneficial and cost effective to the city, for us to use this schedule. We have also been told that our union (264) is in favor of this, and the firefighters union (282) also has no problem with this. Our stumbling block is the Fire Commissioner and we have been told the problem would be working 15hr. nights. The way it stands now, if we work overtime, we work 16hr. shifts. The Captain of Communications, Captain Thomas Coyne, also agrees that the platoon schedule would be beneficial to the Alarm Office, and to the city. We would like to discuss this matter with you, if possible. Captain Coyne can be reached @ 851-4184 ext.259 and I can be reached at 851-5514 (work) or 927-0303 (home.) Your consideration in this matter would be greatly appreciated. Sincerely, Susan Sumbrum REFRRED TO THE COMMITTEE OF THE WHOLE NO. 41 Page 20 01-0501.txt SCHEDULE OF 2001 BUDGET HEARINGS Wednesday May 2th 9:00 A.M. Common Council President of The Council City Clerk Vital Statistics 9:30 A.M. Mayor Executive Office of Strategic Planning Div. of Zoning & Land Use Planning Div. of Environmental Affairs Div. Development Div. of Real Estate Div of Intergovernmental Relations Div of Citizens Services 10:30 A.M. Corporation Counsel 11:00 A.M. Assessment 2:00 P.M. B.M.H.AChair: WHLIAMS THURSDAY, MAY 3RD Chair: LO TEMPIO 9:00 A.M.Department of Management Info Systems 9:30 A.M.Department of Administration & Finance Div. of Budget & Mgmt. Services Div. of Parking Enforcement Div. of Treasury Div. of Collections Div. of Purchase Div. of Administrative Adjudication 2:00 P.M. Department of Community ServicesChair: MARTINO Div. of Senior Services Div. Substance Abuse Services Div. of Youth Div. of Disabled Persons Advocacy Div. of Workforce Employment Training FRIDAY. MAY 4TH 9:00 A.M. Department of Police Chair Bonafacio 1:30 P.M. Department of Fire Chair Golombek 3:00 P.M.Audit & Control Chair Ellington Office of Comptroller Div. of Audit Div. of Accounting MONDAY, MAY 7 9:00 A.M. Department of Human Resources Chair Thompson Div. of Employment & Training Div. of Employee Relations Div. of Compensation & Benefits Civil Service Administration Civil Service Appeals Board 11:00 A.M. Department of Permit & Inspection Services Chair: FONTANA Permits Licenses Inspections Plan Review 2:00 P.M.Department of Public Works, Parks & Streets Chair: GRANT, Div. of Engineering Div. of Buildings Div. of Water Div. of Telecommunications Demolitions Div. of Parks & Recreation Div. of Streets Street Cleaning & Snow Removal Page 21 01-0501.txt Solid Waste Bureau of Animal Shelter Commission on Citizen Rights & Community Relations TUESDAY, MAY 8 7:00 P.M. Board of Education Chair Fisher WEDNESDAY, MAY 9 9:00 A.M. Board of Elections Chair Coppola 9:30 A.M. - Civic Bodies Chair Gray 1:30 P.M. - Civic BodiesChair Pitts REFERRED TO THE COMMITTEE OF THE WHOLE FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 42 DISABILITY EXEMPTION See # 216 Resolution by LoTempio NO. 43 EXEMPTION FOR PARENT OR GRANDPARENT LIVING QUARTERS See # 217 Resolution by LoTempio NO. 44 SENIOR CITIZEN EXEMPTION See # 218 Resolution by Lotempio NO. 45 VETERAN; ALTERNATIVE EXEMPTION See # 219 Resolution by LoTempio FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 46 NOTIFICATION SERIAL # 9268 INSTALL NO TURN ON RED AUBURN AVENUE, WESTBOUND AT ELMWOOD AVENUE NO TURNS ON RED - INSTALL In conformity with Section 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five (45) days after the first Council meeting at which they appear on the agenda as an item business. That that part of the Subdivision I of Section 3 8 of Chapter 479 of the Ordinances of the City of Buffalo be supplemented by adding thereto the following: TURNS PROHIBITED FACING STEADY RED SIGNAL Vehicles onat Intersection of Effective Period of Time Auburn AvenueElmwood Avenue 24 hours traveling westboundnortheast comer This action is being taken at the request of the District Councilinernber. NOTIFICATION SERIAL #9269 INSTALL ONE-WAY STREET DIRECTION RACE STREET - WEST BOUND FROM NORRIS STREET TO PAGE STREET ONE-WAY STREET DIRECTION - 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 repeating 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 Page 22 01-0501.txt appear on the agenda as an item business. That that part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: ONE WAY STREET DIRECTION NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT Race Street from Norris Street to west bound Page Street This action is being taken on behalf of the District Councilmember in an effort to improve vehicular and pedestrian safety due to the narrowness of Race Street ( 18 feet). NOTIFICATION SERIAL #9270 REPEAL ALTERNATE PARKING - TYPE I FLEMING STREET BETWEEN METCALFE STREET AND NEW BABCOCK STREET NO PARKING (ALTERNATE - TYPE 1) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Fleming-, Street, northeast side 4:00pm Wed to 4:pm Sun between Metcalfe Street and New Babcock Street Fleming Street, southwest side between4:00pm Sun to 4:00pm Wed Metcalfe Street and New Babcock Street This action is being taken at the request of the President of the Common Council. (see next 3 serials) NOTIFICATION SERIAL #9271 INSTALL ALTERNATE PARKING - TYPE I FLEMING STREET BETWEEN METCALFE STREET AND JONES STREET NO PARKING (ALTERNATE - TYPE 1) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Fleming Street, northeast side between 4:00pm Wed to 4:00pm Sun Metcalfe Street and Jones Street Fleming Street, southwest side 4:00pm Sun to 4:00pm Wed between Metcalfe Street and Jones Street This action is being taken at the request of the President of the Common Council. (see previous and next 2 serials) NOTIFICATION SERIAL #9272 INSTALL ALTERNATE PARKING - TYPE I Page 23 01-0501.txt FLEMING STREET BETWEEN LEWIS STREET AND NEW BABCOCK STREET PRIOR COUNCIL REFERENCE: (IF ANY) NO PARKING (ALTERNATE - TYPE 1) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following. NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Fleming Street, northeast side between 4:00pm Wed to 4:00pm Sun Lewis Street and New Babcock Street Fleming Street, southwest side 4:00pm Sun to 4:00 Wed between Lewis Street and New Babcock Street This action is being taken at the request of the President of the Common Council. (see previous 2 and next serial) NOTIFICATION SERIAL #9273 INSTALL NO PARKING ON FLEMING STREET, NORTHEAST SIDE BETWEEN JONES STREET AND LEWIS STREET NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Fleming Street, northeast side between At All Times Jones Street and Lewis Street This action is being taken at the request of the President of the Common Council. (see previous 3 serials) NOTIFICATION SERIAL 9274 INSTALL NO PARKING ON REES STREET, WEST SIDE BETWEEN 5 FEET NORTH OF THE SOUTH BUILDING LINE OF NUMBER 138 REES AND A POINT 62 FEET SOUTH THERE FROM NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING Page 24 01-0501.txt PROHIBITED PORTION OF HIGHWAYPROHIBITED PERIOD Rees Street, west side At all times between 5 feet north of the south building line of number 138 Rees Street and a point 62 feet south therefrom This action is being taken in order to facilitate safe ingress and egress to the closely spaced driveways at numbers 134 and 136 Rees Street. NOTIFICATION SERIAL # 9275 INSTALL NO STANDING ON TACOMA AVENUE, NORTH SIDE BETWEEN DELAWARE AVENUE AND A POINT 140' WEST 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 of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplernented by adding thereto tile following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Tacoma Street., north side between At all times Delaware Avenue and a point 140' west therefrom This action is being taken to improve vehicle/pedestrian safety and alleviate traffic congestion caused by Wilson Farms, Blatner's Automotive Center and the Delaware/Tacoma intersection. Two on street parking spaces will be eliminated as a result of this action. This situation was brought to this department's attention by the Delaware District Councilmember, and it has his support. (See next serial.) NOTIFICATION SERIAL 4 9276 INSTALL NO STANDING ON TACOMA AVENUE, SOUTH SIDE BETWEEN DELAWARE AVENUE AND A POINT 140' WEST THEREFTOM NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Tacoma Avenue, south side between At all times Delaware Avenue and a point 140 west therefrom This action is being taken to improve vehicle,/Pedestrian safety and alleviate traffic congestion caused by Wilson Farms, Blatner's Automotive Center and the Delaware/Tacoma intersection. Two on street parking spaces will be eliminated as a result of this action. This situation was brought to this department's attention by the Delaware District Councilmember, and it has his support. (See previous serial.) NOTIFICATION SERIAL 9277 REPEAL ALTERNATE PARKING - TYPE I VARIOUS LOCATIONS Page 25 01-0501.txt (SEE LIST BELOW) NO PARKING (ALTERNATE - TYPE 1) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo. the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That 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 PROHIB PORTION HIGHWAY BETWEEN STREET PROHIBITED SIDEPERIOD Saranac Ave. Hertel Ave. toWestNo Parking 4pm Wednesday to 4pm Sunday Tacoma Ave.EastNo Parking 4pm Sunday to 4prn Wednesday North Park Ave. Hertel Ave. toWestNo Parking 4pm Wednesday to 4pm Sunday Tacoma Ave.EastNo Parking 4prn Sunday to 4pm Wednesday Norwalk Ave Hertel Ave, toWestNo Parking 4pm Wednesday to 4pm Sunday Tacoma Ave.EastNo Parking 4pm Sunday to 4pm Wednesday Sterling Ave. Hertel Ave. toWestNo Parking 4pm Wednesday to 4pm Sunday Tacoma Ave.EastNo Parking 4pm Sunday to 4pm Wednesday Wellington Rd. Hertel Ave. toWestNo Parking 4prn Wednesday to 4pm Sunday Tacoma Ave.EastNo Parking 4pin Sunday to 4pin Wednesday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch-over days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch-over" times to 6:00prn (as opposed to 4:00pm). NOTIFICATION SERIAL #9278 INSTALL ALTERNATE PARKING - TYPE 2K VARIOUS LOCATIONS (SEE LIST BELOW) NO PARKING (ALTERNATE - TYPE 2K) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repeating existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION HIGHWAY BETWEEN STREET PROHIBITED PERIOD SIDE Saranac Ave. Hertel Ave to West No Parking 6pm Mon to 6pm Thursday Tacoma Ave.EastNo Parking 6pm Thurs to 6prn Monday North Park Hertel Ave. to West No Parking 6pm Mon to 6prn Thursday Tacoma Ave.EastNo Parking 6pm Thurs to 6pm Monday Norwalk Ave. Hertel to WestNo Parking 6pm Mon to 6pm Thursday Tacoma Ave.EastNo Parking 6pm Thursday to 6pm Mon Sterling Ave. Hertel to WestNo Parking 6pm Mon to 6pm Thursday Page 26 01-0501.txt Tacoma Ave.EastNo Parking 6pm Thurs to 6pm Monday Wellington Rd. Hertel to WestNo Parking 6pm Mon to 6prn Thursday Tacoma Ave.EastNo Parking 6pm Thurs to 6pm Monday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at all times), but changes the parking "switch-over" days to Mondays and Thursdays (as opposed to Sundays and Wednesdays) and changes the "switch-over" times to 6:00pm (as opposed to 4:00pm). NOTIFICATION SERIAL 9279 INSTALL NO STANDING ON DELAWARE AVENUE, WEST SIDE BETWEEN A POINT 55' NORTH OF THE NORTH CURBLINE OF CARY STREET AND A POINT 62' NORTH 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 of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAYPROHIBITED PERIOD Delaware Avenue, west sideAt all times. between a point 55' north of the north curbline of Cary Street and a point 62' north therefrom. This action is being taken in order to facilitate ingress and egress at the new driveway for the Hampton Inn Suites on Delaware Avenue. RECEIVED AND FILED 9268,9269,9274 - 9279 REFERRED TO THE COMMITTEE ON LEGISLATION 9270 - 9273 NO. 47 REPORT OF BIDS RECONSTRUCTION OF CURBS & SIDEWALKS CITY-WIDE - 2001, GROUP #554 ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids on April 18, 2001 for The Reconstruction of Curbs & Sidewalks, City-Wide - 2001, Group 9554. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Unit Price Increase Base Bid Unit Price Increase P & J Construction Co., Inc. $515,637.50 $567,201.25 Master's Edge, Inc. $518,830.00 $570,713.00 A.B.P. Concrete Co., Inc. $635,900.00 $699,490.00 I hereby certify that the lowest responsible bidder for the above project is P & J Construction Co., Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $567,201.25 ($515,637.50 Base Bid + 10% unit price increase $51,563.75 = Total Award $567,201.25). Funds for this work are in Capital Project Accounts 435310806 & #30032106. A list of locations is attached. The engineer's estimate for this work is $631,625.00. Page 27 01-0501.txt The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by May 26, 200 1. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs LoTempio moved that the Commissioner of Public Works, Parks and Streets be and hereby is authorized to award a contract for the Reconstruction of curbs and sidewalks City-wide - 2001, Group# 554 to P & J Construction Co, Inc. the lowest responsible bidder in the amount of $567,201.25 ($315,637.80 Base Bid & 10% unit price increase $51,563.75 Total award of $567,201.25) Funds for this work are in Capital Project Accounts #39310806 & #30032lo6. That the Commissioner of Public Works, Parks and Streets shall work with the lowest responsible bidder to achieve minority and women owned business and workforce participation goals (25% minority and 5% women) for this project. PASSED AYES-13 NOES-0 NO. 48 REPORT OF BIDS TREE TRIMMING - CITYWIDE - 2001 PHASE 11 GROUP #547 ITEM #126, C.C.P. 3/3/98 This is to advise Your Honorable Body that I have advertised and received bids on April 25, 2001 for Tree Trimming - Citywide - 2001 - Group #547. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items o work and material, which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid The following bids were received: Contractor Base Bid Unit Price Increase 1. Schneck's Tree Removal, Inc. $247,200.00 $271,920.00 2. Davey Tree Service $272,400.00 $299,640.00 3. Kiltz Enterprises $273,800.00 $301,180.00 4. N.C. Construction $333,630.00 $366,993.00 5. Terry Tree Service, LLC $378,250.00 $416,075.00 6. Mar-Wal Construction $394,000.00 $433,400.00 I hereby certify that the lowest responsible bidder for the above project is Schneck' s Tree Removal, Inc.. respectfully recommend that Your Honorable Body authorize a contract award in the amount of $271,920.00 (base bid of $247,200 plus [10% unit price increases] $24,720.00 = total award $271,920.0 Funds for this work will be available in future Capital Account No. 35310106-445 100. The engineer's estimate for this work is $300,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made be June 4, 2001. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 26, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Tree Trimming - Citywide - 200 1, Phase 11, Group #547, to Schneck's Tree Removal, Inc., the lowest responsible bidder, in the amount of Page 28 01-0501.txt $271,920.00 (base bid of $247,200 plus [10% unit price increases] $24,720.00 = total award $271,920.00). Funds for the project are available in Capital Account No. 35310106-445100. Passed. AYES-13. NOES-0. NO. 49 CHANGE IN CONTRACT DELAVAN MOSELLE COMMUNITY CENTER CONSTRUCTION ELECTRICAL WORK I hereby submit to Your Honorable Body the following changes for the Delavan Moselle Community Center, Electrical Work, Frey Electric Construction Co., Inc., C #92010059. 1.Changes required to modify the scoreboard controller to add the ability to operate the scoreboard thru a laptop computer; and additional tamper switches needed to properly regulate the fire pump to meet the site specific water pressure from the street main. Add $3,796.00 The foregoing change results in a net increase in the contract of Three Thousand Seven Hundred Ninety Six and 00/100 Dollars ($3,796.00). Summary:Current Contract Amount $ 205,798.19 Amount of This Change Order (#4)Add$ 3,796.00 Revised Contract Amount $ 209,594.19 Costs have been reviewed by the Consulting Architect (Stieglitz Snyder Architecture) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 34320506 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 20, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 4, to Frey Electric Construction Co., Inc., an increase in the amount of $3,796.00, as more fully described in the above communication, for work relating to Delavan Moselle Community Center, Electrical Contract, C #92010059. Funds for this project are available in CPF 34320506 445100 - Division of Buildings. PASSED AYES-13. NOES-0. NO. 50 CHANGE IN CONTRACT 92010245 JOHNNIE B. WILEY SPORTS PAVILION OFFICES - ELECTRICAL CONSTRUCTION During the construction of the above project certain items that were unforeseen at the time the bids were let required attention. All of these changes have been requested by the tenant of the offices. Therefore, we recommend that the following changes be made to Contract 92010245 with Weydman Electric, Inc.: Provide additional TV outlets and duplex receptacles in Rooms #008, #013 & #021. Add $1,934 Provide TV satellite dish, antenna, 3 receivers and two year service. Add $1,897 Provide 4 duplex receptacles in Room #006 for computers. Add $1,557 Total Add $5,388 Page 29 01-0501.txt Contract Summary Existing Contract Amount$79,857 This Increase5,388 New Contract Amount $85,245 The project architect, Robert Traynham Coles, Architect, P.C. has reviewed an approved these costs. Funds are available in MUNIS 30022406. I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to Weydman Electric, Inc., as outlined above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 23, 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 Weydman Electric, Inc., an increase in the amount of $5,388.00, as more fully described in the above communication, for work relating to Johnnie B. Wiley Sports Pavilion offices, Electrical Construction, Contract 92010245. Funds for this project are available in MUNIS 30022406. PASSED AYES-13. NOES-0. NO. 51 CHANGE IN CONTRACT TOSH COLLINS COMMUNITY CENTER SENIOR AND TEEN CENTERS GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following changes for the Tosh Collins Community Center, Senior and Teen Centers, General Construction, New Era Construction, C #92010293. 1.Work required to meet Niagara Mohawk requirements for generator installations. Add $ 14,011.00 The foregoing change results in a net increase in the contract of Fourteen Thousand Eleven and 00/100 Dollars ($14,011.00). Summary: Current Contract Amount $1,310,789.00 Amount of This Change Order (#5) ADD $ 14,011.00 Revised Contract Amount $1,324,800.00 Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini & Tries) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 35320706 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 23, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 5, to New Era Construction, an increase in the amount of $14,011.00, as more fully described in the above communication, for work relating to Tosh Collins Community Center, Senior and Teen Centers, General Construction, C #92010293. Funds for this project are available in CPF 3 5320706 445 100 - Division of Buildings. PASSED AYES-13. NOES-0. NO. 52 EASEMENT AGREEMENT - VERIZON - 3242 MAIN ST. ITEM NO. 10 CCP. APRIL 17. 2001 The above referenced item is a request for a 1 0-ft. easement for Page 30 01-0501.txt aerial and building attachments to provide high-speed DS1 telecommunications service to the Gloria J. Parks Community Center, 3242 Main St. The Department has no objection to this request. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNCATIONS NO. 53 INACTIVE RECORDS STORAGE CENTER ITEM NO. 65, CCP 04/17/01 The referenced item was sent to this Department for comment. At this time we are unaware of any existing City owned facility that has 30,000 to 50,000 square feet available for record storage. If a budget for such a facility is approved, we will work with the Division of Real Estate to acquire a suitable facility, or to design and build an acceptable building. A newly constructed 30,000 s.f. building is estimated at $1.8 to $2.0 Million. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 54 PARKSIDE LODGE RESTORATION ITEM #41, C.C.P. OF 03/06/01 In the referenced item the Common Council authorized the transfer of $100,000 to the Olmsted Park Conservancy as the City's share of the renovation of the Parkside Lodge. The actual amount of the local share is $250,000. We, therefore, request authorization to transfer $250,000 to the Conservancy for this work. The funds are available in Capital Project accounts: 34640206, 30440806, 35310106, 35640206, 31934106, and an appropriation in the 2000-2001 Capital Budget, which has not yet been sold. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 16, 2001, be received and filed; and That the Comptroller be, and he hereby is authorized to transfer $100,000 to the Olmsted Park Conservancy for the renovation of the Parkside Lodge. Funds for this project are available in Capital Project accounts: 34640206, 30440806, 35310106, 35640206, 31934106 and an appropriation in the 2000-2001 Capital Budget. PASSED AYES-13. NOES-0. NO. 55 PERMISSION TO WAIVE FEE FOR BANDWAGON RENTAL 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: Carnival in the Park, May 19, 2001 Delaware Park The above named event is sponsored in part by the representing groups or organization and the City of Buffalo, Division of Parks and Recreation. This 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- Page 31 01-0501.txt 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 April 23, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets is authorized to waive the fee for the rental of the Bandwagon for Carnival in the Park, May 19, 2001, Delaware Park. PASSED AYES-13. NOES-0. NO. 56 PERMISSION TO WAIVE FEE FOR BANDWAGON RENTAL 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 events: -The Wellness Institute's 'Kid's Run" - May 20, 2001 -The Wellness Institute's "Golden Years Wellness Walk" - May 25, 2001 (Both being held in Delaware Park) The above named events are sponsored in part by the representing groups or organization and the City of Buffalo, Division of Parks and Recreation. The above named events follow 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 April 23, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets is authorized to waive the fee for the rental of the Bandwagon for The Wellness Institute's "Kid's Run", May 20, 2001, and The Wellness Institute's "Golden Years Wellness Walk", May 25, 2001, both to be held in Delaware Park. PASSED AYES-13. NOES-0. NO. 57 PERMISSION TO WAIVE FEE FOR BANDWAGON RENTAL 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 events: -Pan-Am Rededication Day -Centennial (sic)Celebration - May 6, 2001 (being held in Delaware Park-Casino & Lake) The above named event is sponsored in part by the representing group or organization and the City of Buffalo, Division of Parks and Recreation. Page 32 01-0501.txt 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 April 23, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets is authorized to waive the fee for the rental of the Bandwagon for Pan-Am Rededication Day - Centennial Celebration, May 6, 2001, Delaware Park - casino and lake. PASSED AYES-13. NOES-0. NO. 58 RENAME DELAVAN/ MOSELLE CENTER ITEM #195, C.C.P. OF APRIL 3, 2001 It is our understanding that the Common Council has full jurisdiction over the naming of City owned public buildings. As such, if the Council approves naming the new community center located at 600 Moselle St. as the Delavan/Grider Center, this department will comply. Our only comment would be to consider the possible confusion that could be created by naming the building after an intersection that is several blocks away from its actual location. RECEIVED AND FILED. NO. 59 REQUEST TO CLOSE FRANCZYK PARK We have conferred with representatives of the New York State Departments of Health, and Environmental Conservation regarding your request to close Franczyk Park during the current remediation activities. Both departmental representatives agreed that there is no compelling reason to close the park at this time. I understand that they also contacted you to discuss this issue. For your information, the remediation project is proceeding well, and should be completed by REFERRED TO THE COMMITTEE OF THE WHOLE. NO. 60 102 THEODORE STREET REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mr. Jimmie Hill, owner of Jimmies Bar & Grill, located at 102 Theodore Street, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure twenty feet in length and project ten feet from the building face into City right of way. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Page 33 01-0501.txt Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said sidewalk cafe provided the following conditions are met 1.That the applicant obtain any and all other City of Buffalo permits necessary. 2.That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3.That the sidewalk cafe does not exceed twenty feet in length or extend more than ten feet from the building face. 4.That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5.That the sidewalk cafe be completely removed from City right of way from November 15 to April 1 each year. 6.That the applicant be assessed the annual fee of $1.30 per square foot of City right of way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7.That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD NO. 61 71 WEST CHIPPEWA STREET REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mr. Mike Sherk, owner of Barristers Bar located at 71 West Chippewa Street, has requested permission to install a sidewall, cafe which would encroach City right of way at said address. The proposed cafe would measure eighteen feet (18') in length and project five feet (5') from the building face into City right of way. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said sidewalk cafe provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the sidewalk cafe does not exceed eighteen feet (18') in length or extend more than five feet (5') from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right of way from November 15 to April I each year. 6. That the applicant be assessed the annual fee of $1.30 per square foot of City right of way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss arising Page 34 01-0501.txt out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 62 SLUDGE REMOVAL AND DISPOSAL COLONEL WARD STATION LAGOON The Division of Water is requesting your Honorable Body's authorization to retain t services of a consulting engineer and to go to bid to remove and dispose of alum sludge from the lagoon located at the Colonel Ward Pump Station. Alum sludge is a bi-product of the drinking water cleaning process. The lagoon is currently three-quarters full of sludge a needs to be cleaned during the construction season. Consultant services for this project will cost approximately 27,000 and construction costs are estimated at $300,000. Funds for this project are available in the Division of Water's Capital Project Account. Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 26, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to retain the services of a consulting engineer to bid to remove and dispose of alum sludge from the lagoon located at the Colonel Ward Pump Station. Funds for this project are available in Division of Water's Capital Project Account. PASSED AYES-13. NOES-0. FROM THE COMMISSIONER OF POLICE NO. 63 CLOSING ALABAMA ST. TO VEHICULAR TRAFFIC RES 46, CCP APR 17, 2001 The Police Department has no objections to the closing of Alabama St., from Exchange to Seneca. Larkin St. to the east and Chicago Street to the west are both two-way streets capable of handling any extra traffic that may result. RECEIVED AND FILED. NO. 64 DEPARTMENT LISTED BELOW AND APPROVAL FOR APPROPRIATE INTERFUND CASH LOANS As you are aware, the Buffalo Police Department has been very successful in securing grant funding through various sources. We have finally received official verification and confirmation from the County, State and Federal Governments as to these awards. Therefore, in order to keep within the practices of our grant processing, we are asking permission from your Honorable Body for the Mayor to enter into the contracts listed below. In addition, we are also requesting, as is our standard practice, that your Honorable Body authorize the Comptroller to provide for an interfund cash loan for all nonpersonnel expenses until such reimbursements are secured by the funding source (County, State, "Feds"). We have listed the amounts under each identified grant and each loan would then be repaid as the reimbursements are sent to the City under the individual grant programs. Because of the bureaucratic procedures involved with processing our grants, we are respectfully asking that these items be approved at the Council's May 1, 2001 meeting. Delayed information, budgets and contracts at these government levels, often times beyond the City's Page 35 01-0501.txt control, have created a pressing situation for the processing of the required paperwork. Some of these grants involve confidential funds, equipment, etc. and it is imperative that we spendout the funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly faced with time constraints Therefore, we would appreciate your approval at the next meeting. STOP DWI Grant Program We are requesting authorization for the Mayor to enter into the 2001 renewal agreement between the City of Buffalo and the County of Erie under the STOP DWI Grant Program for the period January 1, 2001 through December 31, 2001. The City of Buffalo and the County of Erie have had these annual contractual agreements over the last several years whereby the city is reimbursed for efforts in the enforcement of alcohol and/or related traffic violations. Under this agreement, the City will be reimbursed by the County for up to 65% of all revenue generated from fines levied resulting from the disposition of alcohol-related traffic offenses. These funds are then utilized to continue enhancing the Department's DWI enforcement activities. Under this particular grant, there is no City Match and no interfund cash loan request. NYS MOTOR VEHICLE THEFT/INSURANCE FRAUD PREVENTION GRANT - Again, we are asking for authorization for the Mayor to enter into a renewal agreement between the City of Buffalo and the Department of Criminal Justice Services under the State's Motor Vehicle Theft and Insurance Fraud Prevention Program for the period 04-01-01 through 03-31-02. We have been awarded $40,000. Under this grant project, the Department will continue to decrease the incidence of automobile thefts and correlated crimes by enhancing the quality of arrests through training, undercover operations and community outreach through a community watch your car initiative, which involves vehicle etching. We are also requesting an interfund cash loan for all non-personnel expenditures in the amount of $1,296 as a cash advance for all departmental, non-personnel expenses (training expenditures /decals, etc. for watch your car project) until such reimbursement is secured from the State; the balance of funding covers overtime for BPD personnel to work above and beyond their normal hours for this initiative, totaling $38,704. The loan would then be repaid as the reimbursements are sent to the City from the State under this grant project. There is no City Match involved with this grant. DRUG INTERDICTION/ POINTS OF ENTRY (POE) -We are Requesting authorization for the Mayor to renew our Drug Interdiction/Points of Entry Grant Program between the City of Buffalo and the New York State Division of Criminal Justice Services for the period December 1, 2000 through November 30, 2001. The Renewal funding, totaling $130,325, will allow the Department To continue with The current drug Interdiction project which is an intra-agency, Cooperative alliance between our Department, the Cheektowaga Police Department, the Niagara Frontier Transit Police and the County's Central Police Services Laboratory. Drug interdiction Investigations will be maximized to interrupt the flow of drugs (especially around airport and bus terminal) and a concentrated effort will continue to be geared toward the middle to higher level drug suppliers. We are also requesting an interfund cash loan for all non-personnel expenditures in the amount of $3,835 as a cash advance for all departmental, non-personnel expenses($11080 cellular contract for covert intelligence system/$2,755 for film, batteries, tapes, wire tape equipment) until such reimbursement is secured from Page 36 01-0501.txt the State. The City's matching commitment is $43,442 and will be covered through a quarter of the salary of 4 undercover detectives who make-up the POE team. The personnel reimbursement under this Grant to the City, covering overtime, totals $126,490, again, to work with the other law enforcement agencies above and beyond their normal hours. The loan would then be repaid as the reimbursements are sent to the City from the State under this grant project. In addition, the State is also renewing our contract with the NFTA. As you are aware from previous approvals, the City of Buffalo acts as a conduit agency to receive funds earmarked for the NFTA Police Department as federal statutes and regulations prohibit the direct transfer of grant monies to any agency that is not a "taxing entity." (Rev. 1/93) We have been notified that the NFTA will receive a split contract year of $49,145 for their Year 8 (DCJS'99 funds) which began October 1, 2000 through April 30, 2001 and an additional $45,149 for their Year 9, beginning May 1, 2001 through December 31, 2001 (DCJS '00 funds); we previously had asked your permission and received (CCP 4158/5-30-00) for a one year contract; however, since the State is setting it up as two, and in order for the Comptroller, to process the accounts properly, we are asking for re-approval as two separate contracts for the dates listed above. Under these renewal agreements that will be drawn up with the NFTA, for their Year 8 we will forward the $49,145 per fiscal year to the NFTA as their share of grant funding under our 1999-2000 POE grant fiscal year and for their Year 9 funding, under our 2000-2001 contract. GANG SUPPRESSION (COMBAT)/FLEX - Because the City's Gang Suppression (originally COMBAT Grant) was reaching the 48 month federal rule whereby a complete change in program must be initiated, like the NFTA, the State, split the contract. The City was awarded $50,000 for the period 10-01-00 through 01-12-01 which completed personnel expenditures for our Gang Suppression Initiative. We met the match of $18,058 and will receive these funds. Because of the 48-manth rule, this initiative must be completely changed. The Department will receive an additional $50,000 which we are in the process of working with the State in completing the application. These funds will be slated for equipment for our FLEX Unit, which will be expanded at the beginning of the City's Fiscal Year, sometime after July 1, 2001. Therefore, we are asking permission for the Mayor to accept funds under both contracts so that the proper accounts for this acceptance of funds can be established. We are also requesting that your Honorable Body authorize an inter-fund cash loan for the FLEX contact (which will not exceed the grant ($50,000) plus match ($16,667) as a cash advance for all departmental, non-personnel expenses until such reimbursement is secured from the State. For your information, the majority of funds will be spent on equipment for FLEX (vehicles, radios, etc.) . The loan would then be repaid as the reimbursements are sent to the City from the State under this grant project. Again, the City Match involved with this grant will not exceed $16,667 as we are mandated to meet $25%. OPERATION PROTECT KIDS (CIGARETTE GRANT) - This renewal grant was awarded to the County of Erie under the New York State Department of Health's Youth Tobacco Enforcement and Prevention Grant and will run through September 30, 2001. Under this renewal agreement, the County will reimburse the City of Buffalo the sum of $35.00 for every completed compliance check of merchants who sell tobacco products. Using underage operatives as decoys, compliance checks will be conducted to see if active enforcement of New York State Public Health Laws reduces the availability of tobacco products to children. Page 37 01-0501.txt Another focus of this project is to educate local business owners with licenses to sell tobacco products as to the law, and how this law must be enforced. As previously stated, underage operatives will be employed to randomly check city-wide businesses for compliance. Merchants who are found to violate this law and allow the operative to purchase tobacco products, will be subject to penalties imposed by the Health Department, which may include fines. The City of Buffalo will receive 50% of any fines levied in order to continue the efforts to reduce tobacco sales to minors. Last year's program accomplished 403 enforcement checks which resulted in 23 enforcement actions (cited/fined). The City received $15,455 in revenue as a result of our participation. GOVERNOR'S TRAFFIC SAFETY (YEAR 6) - once again, the City of Buffalo has been awarded at least $19,580 in renewal grant funding under the Governor's Traffic Safety Grant Program through our participation with the County of Erie's Governor's Traffic Safety Regional Planning Committee. Through this project, a heavy emphasis is being placed on general safety enforcement (speed awareness, child safety and restraint checks) which has been determined regionally by this committee as a major problem (whereby the City of Buffalo is represented as are the surrounding suburbs). The grant will reimburse the Department for personnel/overhead costs associated with our participation under this grant program up through September 30, 2002. There is no City Match involved with this grant. AID TO LAW ENFORCEMENT - The City has been awarded a renewal grant in the amount of $652,998 from the Department of Criminal Justice Services for the period 4/l/01 through 3/31/02. Under this grant, the Department will continue with the current program, which provides the funding of ten (10) Detectives for case enhancement for the arrest and conviction of offenders who commit violent felonies and/or who otherwise fall under the definition of career criminal (as specified under the grant) because of their previous criminal history. For this renewal and has been our past practice, we are requesting that your Honorable Body also authorize an inter-fund cash loan in an amount not to exceed $78,978 as a cash advance for all departmental, non-personnel expenses until such reimbursement is secured from the State. ($12,000 confidential funds, $3,000 travel/ training, and $63,978 CPS Lab Chemist position) . The loan would then be repaid as the reimbursements are sent to the City from the State under this grant project. The balance of funding covers the personnel expenditures for the Detectives, totaling $574, 020. The loan would then be repaid as the reimbursements are sent to the City from the State under this grant project. There is no City Match involved with this grant. COPS MORE 2000 - The City has received funds in the amount of $33,031 from the US Department of Justice to hire an additional Crime Analyst in the Buffalo Police Department. Presently there is only 1 analyst and this additional analyst will allow for a time savings by current community police officers since they will no longer have to initiate and analyze data to look at crime patterns and trends. The time saved will enable them to channel this time back into problem-solving activities. Also, the hiring of this crime analyst will enable the Department to better serve the community as it will enhance law enforcement's response as part of a crime analyst's duties include collecting, collating and organizing pertinent data on crime, victims, etc., analyzes the linkage and similarities between crimes, offenders, suspects, victims, etc. and performs comparative analysis on the incidences of crime and rates per population. The City is required to meet a match of $11,010. No interfund cash loan is being requested as this grant covers personnel reimbursement only. Refer to CCP#115 04-06-01 whereby a salary ordinance amendment was passed for this position. Page 38 01-0501.txt PROJECT EXILE CRIME ANALYSIS ENHANCEMENT - The City of Buffalo has been awarded $37,500 from the NYS Division of Criminal Justice Services for meeting the specific equipment and training needs as we continue our participation in Project EXILE. This project involves inter-agency cooperation between the US Attorney's Office, the DA's Office, ATF and the Buffalo Police Department which will allow federal and local prosecutors to work together to determine the best way (either using tough federal gun laws or using state gun laws) to prosecute cases against burglars, drug dealers, armed bandits, and other criminals caught with illegal weapons. This funding will be utilized to provide software and equipment to the Department's Crime Analysis Section which is strengthen by the grant we received above to hire an additional crime analyst. We are also requesting an interfund cash loan for all non-personnel expenditures in the amount of $28,125 as a cash advance for all departmental, non-personnel expenses (training expenditures/software, computer equipment, etc.) until such reimbursement is secured from the State. The loan would then be repaid as the reimbursements are sent to the City from the State under this grant project. The City Match involved with this grant is $9,375 as we are mandated to meet $25% per Byrne Grant Formula Funding Regulations. GREAT (Gang Resistance Education Axid Training) - The City of Buffalo has been awarded a maximum of $20,000 through a cooperative agreement with the Bureau of Alcohol, Tobacco and Firearms to participate in the GREAT Program. This program instructs middle/high school students as to the dangers of gangs through education and prevention strategies. The initial period of performance ($10,000) runs from January 16, 2001 through July 31, 2001. The second phase (maximum of $10,000) will begin August 1st and run through the remainder of the year. The Buffalo Police Department has conducted GREAT Training without grant funds over the last several years. This year, the GREAT Program is revamping its entire curriculum and re-certification of our GREAT Officers is required. The funding received under this grant will be utilized to re-certify officers, for upgraded training, for promotional supplies supporting GREAT activities (T-shirts, student handbooks, pamphlets, etc.) as well as an approximate 25% reimbursement of the Department's personnel costs (a combination of the five (5) officers' who are performing the training and the time invested on this program). Because of the split in the award, we are asking the Council for their approval on the full $20,000 and requesting an interfund cash loan for all non- personnel expenditures when they have been fully determined (which will not exceed this $20, 000) ; this cash advance will incorporate all departmental, non-personnel expenses(training expenditures, promotional supplies, travel, etc.)until such reimbursement is secured from ATF; we will not seek an interfund loan for any personnel reimbursement expenditures. The interfund loan would then be repaid as the reimbursements are sent to the City from the ATF under this grant project. There is no required City Match. COUNTY LEGISLATIVE GRANT - This year the City of Buffalo, through the generosity of the County Legislature through funds they can distribute to a public benefit agency, has received $100,000 in funding for crime fighting purposes. These funds must be spent by the end of the calendar year. The funding will be spent as follows: $55,000 Bike Patrols (including overtime reimbursement and equipment), $12,000 for equipment which will be given to MADD Dads (bicycles, jackets, portable radios), $33,000 toward purchase of a police vehicle. We are also requesting an interfund cash loan for all non-personnel expenditures in the amount of $55,000 as a cash advance for all departmental, non-personnel expenses (vehicle, equipment (MADD Dads), bike patrol equipment until such reimbursement is secured from the County. The loan would then be repaid as the reimbursements are sent to the City from the County under this grant Page 39 01-0501.txt initiative. The balance of funding $45,000 covers reimbursement for overtime expenditures resulting from bike patrol coverage. BAYLINER BOAT - We have been advised by Senator Stachowski's Office that an application has been fowarded through New York State's Department of State for discretionary funds, totaling $47,284, to purchase a 2001 Bayliner Trophy Hard Top Watercraft and trailer for our Underwater Recovery Team. This vehicle will enable divers and rescue crews easier access to victims on both Buffalo and Niagara Frontier waterways. This craft will also enhance specialized emergency water rescue techniques, providing greater efficiency and safety. We are asking permission for the Mayor to enter into this agreement once it has been finalized, and are also requesting an interfund cash loan for the purchase of this craft until such reimbursement is secured from the State. The loan would then be repaid as the reimbursement is sent directly to the City from the State under this special initiative. As an informational and in order to set-up the Department's Trust and Agency Account, concerning Year 26 CDGB block grant funds approved by HUD on October 16, 2000 and approved by your Honorable Body prior to the submission to HUD; the Buffalo Police Department will receive $50,000 for overtime reimbursement costs associated with our Juvenile Curfew Project-No interfund cash loan is being requested as these funds cover personnel reimbursement only. Again, we are asking for permission for the City to accept all of these awards, and also, authorization for the requested interfund cash loans. We are finding the processing of grant information more and more difficult due to the complexity of the different processes stipulated by Local, County, State and Federal Governments. We try to secure all the required information in a timely manner, however, the reality is that always does not happen, and as a result, we find ourselves, processing things that are quite lengthy, as is in this case, or having to process things extremely quickly or extremely late. We are asking for your cooperation and assistance with this particular filing. If you have any questions or require further clarification of the above, please contact Chief Edward C. Hempling or Maureen Oakley at ext. 4475. Thank you for your immediate attention to this matter. Mrs. LoTempio Moved: That the above communication from the Commissioner of Police dated April 26, 2001, be received and filed; and That the Mayor be, and he hereby is authorized to renew, accept or enter on behalf of the City, the following grant program agreements: with the County of Erie for the STOP DWI Grant Program for the period January 1, 2001 through December 31, 2001; with the Department of Criminal Justice Services for New York State's Motor Vehicle Theft and Insurance Fraud Prevention Program for the period April 1, 2001 through March 31, 2002 in the amount of $40,000; with the New York State Division of Criminal Justice Services for the Drug Interdiction/Points of Entry Grant Program for the period December 1, 2000 through November 30, 2001 in the amount of $130,325; $50,000 for the Gang Suppression (COMBAT)/FLEX Grant for the period October 1, 2000 through January 12, 2001; with the County of Erie for the Operation Protect Kids (Cigarette Grant) under the New York State Department of Health's Youth Tobacco Enforcement and Prevention Grant through September 30, 2001; $19,580 in funding under the Governor's Traffic Safety Regional Planning Committee for personnel/overhead costs reimbursement associated with our participation up through September 30, 2002; the Aid to Law Enforcement Grant in the amount of $652,998 from the Department of Criminal Justice Services for the April 1, 2001 through March 31, 2002; the COPS More 2000 from the US Department of Justice in the Page 40 01-0501.txt amount of $33,031 to hire an additional Crime Analyst in the Buffalo Police Department; the Project Exile Crime Analysis Enhancement grant from the NYS Division of Criminal Justice Services in the amount of $37,500 for meeting the specific equipment and training needs for the participation in Project EXILE; a maximum of $20,000 through a cooperative agreement with the Bureau of Alcohol, Tobacco and Firearms to participate in the GREAT (Gang Resistance Education and Training) Program; with the Erie County Legislature, the County Legislative Grant in the amount of $ 100, 000 for crime fighting purposes; with the New York State Department of State, in the amount of $47,284 to purchase a 2001 Bayliner Trophy Hard Top Watercraft and trailer for the Underwater Recovery Team; and that the Comptroller be and be hereby is authorized to provide interfund cash loans for any of the above programs which may require such loans. PASSED AYES-13. NOES-0. NO. 65 FROM THE COMMISSIONER OF FIRE CLOSING ALABAMA ST. TO VEHICULAR TRAFFIC (#46 CCP APR 17, 2001) On April 24h, 2001, I inspected Alabama St. as requested by your office. The proposed pedestrian park is already constructed and Alabama St. is closed. I am enclosing a Sanborn map, page 166 Volume 2 that shows that this section of Alabama St was closed to vehicular traffic previously by railroad tracks. Thus, I see no reason to object to the closing for a pedestrian park. RECEIVED AND FILED. No. 66 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE: April 16, 2001 IN THE DEPARTMENT OF: Fire DIVISION OF: Fire Communication TO THE POSITION OF: Communication Technician provisional appointment at the intermediate Starting salary of : $28,330 Lawrence Wilk 134 Davey Buffalo, 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES No. 67 Secondhand Dealer 2281 South Park Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Secondhand Dealer License located 2281 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 secondhand dealer license is being sough and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Kevin Johnston. The attached thereto for Kevin Johnston d/b/a South Park Vacuum Center. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 68 Used Car Dealer 2377 Bailey Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 2377 Bailey and find that as to form it is Page 41 01-0501.txt correct. I have cause an investigation into the premises for which said application for a used car dealer license is being sought an according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Jerry Robins. The attached thereto for Jerry Robins d/b/a Finish Line Auto. Th request is submitted for your approval or whatever action you deem appropriate. Mrs LoTempio Moved That the Commissioner of Permits and Inspection Services be and be hereby is authorized to issue a Used Car Dealer License to Tony Robins d/b/a Finish Line Auto at 2377 Bailey. PASSED AYES - 13 NOES - 0 No. 69 Used Car Dealer 2116 South Park 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 2116 South Park and find that as to form it is correct. I N caused an investigation into the premises for which said application for a used car dealer license is being sought v according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Anthony LaBarbara. The attached thereto for Anthony LaBarbara d/b/a LaBarb, Auto Sales South. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE OM LEGISLATION FROM THE COMMISSIONER OF COMMUNITY SERVICES NO. 70 CERTIFICATE OF APPOINTMENT Appointment Effective April 16, 2001 in the Department Community Services Division of Substance Abuse Services to the Position of Reimbursement Specialist Temporary Appointment Maximum Starting Salary of $29,324.00 Ndidi H. Nwabugwu 336 Minnesota Ave. Buffalo 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 71 Appointment - Acting Director of Counseling Bernadette Sherry C.C.P. #68 - April 17, 2001 - Appt- Acting Director of Counseling (CS) In response to the above mentioned item, specifically, the Committee members are inquiring as to the source of funding for the position of Director of counseling and if any portion of it is reimbursed from another agency or funding source, please be advised of the following: 1. The Division's grant from the New York State Office of Alcoholism and Substance Abuse Services pays a portion of the salary for this position. It is also a requirement by the New York State Office of Alcoholism and Substance Abuse Services that this position must be filled. 2. The permanent incumbent in this position resigned effective February 14, 2001 and was paid out of vacation days remaining until March 15, 2001. 3. The Director of Counseling position has not yet been filled on a permanent basis due to the reason that the job description is in the process of being changed in order to comply with the new Page 42 01-0501.txt NYS Office of Alcoholism and Substance Abuse regulations. Once the new job description is approved, the position will be filled on a permanent basis. RECEIVED AND FILED i FROM THE COMMISSION ON CITIZENS RIGHTS AND COMMUNITY RELATIONS NO. 72 "W. Jones-Concems-Fire Dept." Item #109 C.C.P. March 20,2001 In response to your request for comments and/or recommendations of Item #109 CCP March 20, 2001, "W. Jones-Concerns-Fire Dept.", the Commission on Citizens' Rights and Community Relations is currently investigating this matter. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CITY CLERK NO. 73 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. AddressBusiness NameOwner's Name 257 Franklin StMark CroceMark Croce 581 DelawareMark HutchinsonMark Hutchinson 206 S ElmwoodChowbellats IncJohn Preudlt RECEIVED AND FILED NO. 74 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- David Botticello, Deborah Nulhern RECEIVED AND FILED NO. 75 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. 76 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: April 20, 2001 in the Department of COMMON COUNCIL to the Position of INTERN V, SEASONAL NON-COMPETITIVE at the flat Starting Salary of $8.00/HR Yvette A. Johnson, 848 Seneca St., Buffalo, NY 14210 NO. 77 APPOINTMENTS-MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED Page 43 01-0501.txt Appointment Effective: April 23,2001 in the Department of Executive, Division of Mayor to the Position of Intern IV, Seasonal, Non-Competitive at the Flat Starting Salary of $ 6.00/hr Brown, Milton, 35 St. Paul MallBuffalo, NY 14209 NO. 78 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Appointment Effective: April 25/2001 in the Department of Public Works, Parks, Streets, Division of Parks to the Position of Fee Collector Non competitive, Seasonal at the Flat Starting Salary of $ 5.15/hr Mary Thomas, 54 Arkansas, Buffalo 14213 Daniel Wachowicz, 81 Barnard, Buffalo 14206 Edward Woelfle, 239 Parkside, Buffalo 14214 Appointment Effective: April 26, 2001 in the Department of Public Works, Parks, Streets, Division of Parks to the Position of Fee Collector Non competitive, Seasonal at the Flat Starting Salary of $ 5.15/hr Raymond Wilson, 58 Dundee,Buffalo, NY 14220 Sue Beutler, 35 Melrose, Buffalo 14220 Evelyn Cardin, 41 Helen Street, Buffalo 14213 Creahan James, 96 Sheanandoah, Buffalo 14220 Stepehn Radominski,, 133 Weimar, Buffalo 14206 Virginia Radominski, 133 Weimar, Buffalo 14206 Steven Scanlon, 57 Mariemont, Buffalo 14220 Karen Stelle, 24 Eden, Buffalo 14220 Appointment Effective April 30,2001 in the Department of Public Works, Parks Streets, Division of Recreation to the Position of Laborer II Seasonal at the Flat Starting Salary of $ 6.92 LaVell Stevens, 172 Village Terrace, Buffalo 14214 Appointment Effective: April 24, 2001 in the Department of Public Works, Parks & Streets, Division Of Engineering to the Position Of Laborer II, Seasonal, Non-Competitive at the Flat Starting Salary of $6.92/hr Alleric Gary, 47 Norwood Ave., Buffalo, NY 14222 Appointment Effective: April 18, 2001 in the Department of Public Works, Parks & Streets, Division Of Engineering to the Position Of Laborer II, Seasonal, Non-Competitive at the Flat Starting Salary of $6.92/hr Mark E. Staniszewski, 195 Lockwood Ave, Buffalo, NY 14220 NO. 79 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 April 16, 2001 in the Department of Administration and Finance Administrative Adjudication to the Position of Laborer II, Temporary Appointment at the Minimum Starting Salary of $10.76/hr. Alvin Thomas, 22 Mapleridge Avenue, Buffalo, NY 14215 Appointment Effective April 16, 2001in the Department Community Services, Division of Substance Abuse Services to the Position of Art Program Aide, Temporary Appointment at the Flat Page 44 01-0501.txt Starting Salary of $10.00 hour Marva Saunders-Brown, 71 East Morris, Buffalo 14214 Appointment Effective: April 23, 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 Rosie Woodfork, 236 Bissell, Buffalo 14211 Appointment Effective: April 19, 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 Eric Jaskula, 53 Polish Place, Buffalo 14210 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 80 Attached letter. Please be advised that the Valley Community Association has never been notified of any resolution or city ordinance specifying the composition of boards of agencies in receipt of city funds. Please clarify this statement as soon as possible. Kindly respond to my attention at Valley Community Association, 93 Leddy Street, Buffalo, New York 14210 REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND COMMUNITY SERVICES NO. 81 "REQ. ORD. AMND-SAFEGRD. PUB. HLTH/SAFETY-RENIOTE IND. (EXC. FIN. RES) (#263 CCP JIM 13, 2000) To Whom It May Concern: In response to the resolution #263, Request Ordinance Amendment To Safeguard Public Health And Safety At Remote Industrial Plants, the Good Neighbor Committee is highly in favor of the adopted resolution. We are very much concerned with the idea of Industry dealing with hazardous and /or explosive, toxic material going remote. The absence of workers to monitor processes in these industrial facilities poses a high risk to surrounding communities. These industries currently pose a risk to the surrounding communities so to impose an even greater risk to their health and safety by allowing industrial processes to go remote would be inconceivable. The Committee has in the past specifically met with former and current employees of BOC Gases. BOC Gases has contemplated the idea of changing their Katherine Street facility over to a remote process. The employees expressed great concern to the Committee and had shown us examples of problems faced by other facilities that had switched to a remote process. We commend the Common Council for addressing the seriousness of this issue and recognizing the risk involved in the total computerization of Industrial processes. While risks do exist from human error at these facilities at least there are people in the facility to respond to any situation that may arise. The Committee recommends that the Corporation Counsel draft an Ordinance amendment for Council consideration that would regulate the transition of industrial plants to remote status in a way that protects public health and safety. We also recommend that the Committee on Legislation adopt final resolve. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 82 D FARRAR-REG OF SITES OF HAZ WASTE DISPOSAL 980 Page 45 01-0501.txt ELLICOTT The Department of Environmental Conservation (DEC) maintains a Registry of sites where hazardous waste disposal has occurred. Property located at 980 Ellicott Street in the City of Buffalo and County of Erie and designated as Tax Map Number 100.63-3-11 .11 was recently reclassified as a Class 4 in the Registry. The name and site I.D. number of this property as listed in the Registry is Osmose Wood Preserving, Site #915143. The Classification Code 4 means that the site is properly closed - requires continued management. We are sending this letter to you and others who own property near the site listed above, as well as the county and town clerks. We are notifying you about these activities at this site because we believe it is important to keep you informed. If you currently are renting or leasing your property to someone else, please share this information with them. If you no longer own the property to which this letter was sent, please provide this information to the new owner and provide this office with the name and address of the new owner so that we can correct our records. The reason for this recent classification decision is as follows: The excavation of off-site contaminated soils was completed in 1995. The Record of Decision (ROD) was issued in 1997. Under the selected remedy, the non-aqueous phase liquid are pumped out followed by ozone treatment of contaminated subsurface soils. The contaminated soils were excavated from the site and placed in a lined biocell. These soils are also undergoing ozonation. Groundwater and street sanitary sewers will be monitored. Construction for the ozone sparge/soil vapor extraction system was completed in August 1999. The ozone treatment started in June 2000. O&M plan and the Closure Reports have been submitted to the Department and approved. If you have questions, need additional information, or have information which you believe would be useful to us, please call the Department of Environmental Conservation's toll-free number: 1(800)342-9296. The Department of Health maintains a Health Liaison Program (Help) toll-free number: 1(800)458-1158 Ext. 2-7530. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE DIRECTOR ENVIROMENTALMANAGEMENT COMMISSION AND COMMISSIONER OF PUBLIC WORKS NO. 83 C. FISHER CONCERNS SODEXHO MARRIOTT SERVICES As members of the Buffalo community., and as taxpayers, we depend on you to ensure that public dollars serve the broader public good. We appreciate the many opportunities those dollars have provided over the years to city residents and workers, and so it pains us that, through its contract with Sodexho Marriott Services, the city is unwittingly contributing to the incarceration of people for profit. You may not be aware that, according to financial analysts at Merrill Lynch, Sodexho Marriott is a subsidiary of French multinational Sodexho Alliance. Sodexho Alliance, in turn, own owns and operates prisons around the world and invests heavily in Corrections Corporation of America. CCCA and other private prison companies regularly violate the human rights of prisoners and prison employees by sacrificing health and safety to improve the corporate bottom-line. Furthermore, private prison companies are increasingly using their political influence to push for expansion of the already huge U.S. prison population. A report recently released by the Western Prison Project documents how the American Legislative Exchange Council, a right-wing lobby group, has helped to ensure members like Wackenhut and Corrections Corporation of America (which chairs the group's Criminal Justice Task Force) a steady flow of customers by promoting mandatory minimum sentences (much like New York's Draconian Rockefeller Drug Laws) and other state laws that lead to unnecessary Page 46 01-0501.txt incarceration of non-violent offenders (www.westemprisonproiect.or,iz). Like CCA, Sodexho Marriott is a financial contributor to ALEC and chairs the group's Education Task Force. As if this weren't enough, Sodexho Marriott Services has a long history of violating workers' rights. The company was recently forced to post workers' rights notices in its cafeterias as the result of a settlement with the National Labor Relations Board over illegal work rules contained in the company's employee handbook. The Sodexho Marriott's aggressively anti-union tactics are detailed in the company's union-busting handbook, "A Progressive Approach to Labor," excerpts of which can be found at www.EyeonSodexho.org. We urge you to join a growing list of universities and other institutions (including the State University of New York at Albany, Goucher College, James Madison University, American University and Oberlin College) that have "Dumped Sodexho" to protest the company's private prison ties and reactionary labor policies. Thank you for your attention. On behalf of concerned residents of Buffalo, NY RECEIVED AND FILED NO. 84 C. FISHER D DIHAAN REQUEST ASSISTANCE 1380, 1382, AND 1389 JEFFERSON AVE I hereby submit for filing copies of a letter from D. Sylvester Dihaan, the property owner of 1380, 1389, and 1382 Jefferson Avenue. Mr. Dihaan is requesting the assistance from any able office in City Hall that is concerned and inclined to help him restore and refurbish his properties. Attachments (4) REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMNET, COMMISSIONER OF PUBLIC WORKS AND DIRECTOR OF STRATESIC PLANNING NO. 85 GLEN MAIN BLOCK CLUB BFLO VOCATIONAL TECH CTR Dear Mr. Michaux: I hereby submit for filing copies of a letter from the Glen-Main Block Club. Their letter is written in support of the stabilization and the non-destruction of The Buffalo Vocational Technical Center. Attachments (4) REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION NO. 86 C. FISHER-HICKORY WOODS CONCERNED HOMEOWNERS ASSOC. REQ CLARITY FROM MAYOR I hereby submit for filing copies of a letter from The Hickory Woods Concerned Homeowners Association. The members of this organization are requesting clarity from the Mayor's office about the issues at hand. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 87 C FISHER M MCCARTHY INFO-HICKORY WOODS I hereby submit copies of a letter from Michael L. McCarthy, the General Counsel of the City of Buffalo Urban Renewal Agency. Mr. McCarthy is requesting accurate information from the City of Buffalo regarding Hickory Woods. Attachments (4) REFERRED TO THE COMMITTEE OF THE WHOLE NO. 88 Page 47 01-0501.txt C FISHER E NUNN-REQ ASSIST OUTSIDE TENNIS COURTS W. HERTEL PKG LOT I hereby submit for filing copies of a letter from Emma Nunn, an employee of Citicorp in Amherst New York. She is also a member of the United States Tennis Association. Ms. Nunn is requesting the assistance of the council so she may be able to get outside tennis courts built in the West Hertel parking lot. Attachments (4) REFERRED TO THE COMMITTEE ON EDUCATION THE BOARD OF EDUCATION AND DIRECTOR OF STRATECIC PLANNING NO. 89 C FISHER PARENTS FOR PUB SCHOOLS LEADERSHIP TEAM- INCREASING CITY FUNDING FOR BUFFALO PUBLIC SCHOOLS I hereby submit for filing copies of a letter from the Parents for Buffalo Public Schools Leadership Team. This organization is requesting the support of the council for increasing city funding for our Buffalo Public schools. Sincerely, Charley H. Fisher III Council Member at Large Attachments (4) REFERRED TO THE COMMITTEE ON EDUCATION THE BOARD OF EDUCATION AND THE DIRECTOR OF STRATEGIC PLANNING NO. 90 R. FISHER ADELPHIA RATE ADJUSTMENTS CUID#NY0117 I am enclosing, on behalf of Adelphia Cable, rate justification materials concerning Adelphia's annual rate adjustments, effective July 16, 2001. These materials, including FCC Form 1205, are submitted in accordance with FCC regulations. Please date stamp the copy of this letter and return it in the self-addressed stamped envelope provided. If you have any questions or comments regarding the enclosed materials, please contact the undersigned. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNCATIONS NO. 91 R FONTANA-DOWNTOWN PARKING ISSUES Please file the attached item on behalf of Buffalo Place for inclusion on the Common Council agenda. The attached charts and graphs are the results of a study conducted by Buffalo Place on downtown parking issues. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 92 B GRANT- L JACKSON CONCERNS GRANDAUGHTER SCHOOL# 68 Please file the enclosed correspondence for Tuesday, May 1, 2001 Full Council Meeting. Thank you for your attention to this matter, if you have any questions, please feel free to contact my office. Sincerely, Betty Jean, rant University District Council Member REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION NO. 93 B GRANT-A MARRIOTT CONCERNS SICKLE CELL DISEASE ASSN OF AMERICA Page 48 01-0501.txt Please file the enclosed correspondence for Tuesday, May 1, 2001 Full Council Meeting Thank you for your attention to this matter, if you have any questions, please feel free to contact my office. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 94 B. GRANT J WORKMAN-CLAIM FOR DAMAGE DRIVEWAY Please file the enclosed information in regards to a Claim submitted to the City of Buffalo Claim Office for Tuesday, May 1, 2001 Full Council Meeting. Thank you for your attention to this matter, if you have any questions, please feel free to contact my office at 851-5165. Sincerely, Betty Jean Grant University District Council Member REFERRED TO THE COMMITTEE ON CLAIMS NO. 95 B. GRANT R. VETTER CONCERNS UNDRAINED LAND NICHOLSON/KENMORE Please late file the enclosed correspondence for Tuesday, May 1, 2001 Full Council Meeting, Thank you for your attention to this matter, if you have any questions, please feel free to contact my office. Sincerely, Betty Jean ant University District Council Member REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE BUFFALO SEWER AUTHORITY NO. 96 P. LEUCHNER-APPLICATION FOR PERMIT RIVERS AND HARBORS Application for Permit under Authority of Section 10 of the Rivers and Harbors Act of 1899 If Section 404 of the Clean Water Act (33 U.S.C. 1344) The Niagara Frontier Transportation Authority, 181 Ellicott Street, P.O. Box 5008, Buffalo, New York 14203, has applied for a Department of the Army permit to rehabilitate Boat Harbor Beach (Gallagher Beach), which is located in Buffalo Harbor (Lake Erie), City of Buffalo, Erie County, New York. The work that the applicant is proposing that requires Department of the Army authorization includes: 1.Place cofferdams along the shoreline of the beach to isolate the work site from the lake proper; 2.Using land based mechanical equipment, remove sand, rubble, and boulders from the near shore area of the beach; 3.Discharge about 500 cubic yards of washed no. 1A round stone below the plane of ordinary high water (OHW), elevation 573.4 feet International Great Lakes Datum (IGLD), along the shoreline of the beach, and waterward for a distance of about 10 feet. This work is being accomplished in order to provide the patrons of the facility with a safe substrate to walk on when accessing the waterway; 4. Discharge stone bedding material and precast concrete below the plane of OHW in order to construct a launch ramp for jet skis/ca top boats, which will be located on the northerly terminus of the beach; 5. Place a floating dock and access ramp in close proximity to the launch ramp to allow patrons to launch and retrieve their jet skis safely; 6.Construct an open pile supported fishing pier in the lake that will Page 49 01-0501.txt extend about 100 feet waterward of the OHW shoreline. This will allow anglers to fish in deeper waters of the lake. The applicant is proposing other project features such as a boardwalk, asphalt bike path, parking lots, and other amenities that are not within Department of the Army jurisdiction. The project site is located in a State designated "Significant Coastal Habitat Area". Accordingly, if a decision is made to issue a Department of the Army permit authorizing the work, a condition will be incorporated into the permit indicating that "no in-water work will be allowed between March 30 and July 1 of any year." The purpose of the project is to create a recreational facility for jet skiers, and a bathing beach that will be accessible to all residents of the area. The project site is located on Lake Erie, in the City of Buffalo, Erie County, New York. Location and details of the above described work are shown on the attached maps and drawings. Questions pertaining to the work described in this notice should be directed to Gary E. McDannell, who can be contacted by calling (716) 879-4322, or by e-mail at: gary.e.mcdannell@usace.arrny.mil The applicant has certified that the proposed activity complies with New York's approved Coastal Zone Management Program and will be conducted in a manner consistent with that program. Any comments on the consistency of the proposed activity with New York State's Coastal Zone Management Program should be forwarded to: Ms. Diana Boos New York Department of State Division of Coastal Resources Consistency Coordinator Coastal Management Program 41 State Street Albany, New York 12231-0001 Telephone (518) 486-3200 The following authorization(s) may be required for this project: Water Quality Certification (or waiver thereof) from the New York State Department of Environmental Conservation. There are no registered historic properties or properties listed as being eligible for inclusion in the National Register of Historic Places that will be affected by this project. In addition, available evidence indicates that the proposed work will not affect a species proposed or designated by the U.S. Department of the Interior as threatened or endangered, nor will it affect the critical habitat of any such species. This notice is promulgated in accordance with Title 33, Code of Federal Regulations, parts 320-330. Any interested pa desiring to comment on the work described herein may do so by submitting their comments, in writing, so that they an received no later than 4:30 pm on the expiration date of this notice. Comments should be sent to the U. S. Army Corps of Engineers, 1776 Niagara Street, Buffalo, New York 14207-3191 and should be marked to the attention of Gary E. McDannell, or by e-mail at: gary.e.mcdanneli@usace.army.mil. A la of response will be interpreted as meaning that there is no objection to the work as proposed. Comments submitted in response to this notice will be fully considered during the public interest review for this permit application. All written comments will be made a part of the administrative record which is available to the public under the Freedom of Information Act. The Administrative Record, or portions thereof may also be posted on a Corps of Engineers internet web site. Due to resource limitations, this office will normally not acknowledge the receipt of comments or respond to individual letters of comment. Any individual may request a public hearing by submitting their written request, stating the specific reasons for holding hearing, in the same Page 50 01-0501.txt manner and time period as other comments. Public hearings for the purposes of the Corps permit program will be held when the District Commander determines he can obtain additional information, not available in written comments, that will aid him in the decision making process of this application. A Corps hearing is not a source of information for the general public, nor a forum for the resolution o issues or conflicting points of view (witnesses are not sworn and cross examination is prohibited). Hearings will not bc held to obtain information on issues unrelated to the work requiring a permit, such as property ownership, neighbor disputes, or the behavior or actions of the public or applicant on upland property not regulated by the Department of the Army. Information obtained from a public hearing is given no greater weight than that obtained from written comment Therefore, you should not fail to make timely written comments because a hearing might be held. 'Me decision to approve or deny this permit request will be based on an evaluation of the probable impact, including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for b protection and utilization of important resources. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among these are conservation, economics, aesthetic general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain value land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and in general, the need and welfare of the people. The Corps of Engineers is soliciting comments from the public; Federal, state and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any common received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic property water quality, general environmental effects, and the other public interest factors listed above. Comments are used in I preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. RECEIVED AND FILED NO. 97 C. HARTMAYER-ISSUES PUBLIC TRANSPORTATION Dear Council Member LoTempio: One of the Niagara Frontier Transportation Authority's primary goals is to provide our community with the best public transportation possible, while at the same time maximizing its resources. To that end, we have just completed a thorough review of our existing service and found that some bus routes and the Metro Rail weekend service are not performing in accordance with established NFTA Metro service standards. The review identified several lightly used bus routes and rail times that require various levels of restructuring going forward. We are also proposing to enhance many of our better performing routes to ensure their continued strength. These changes will help the NFTA to better meet the service needs of our community now and in the future. Based on the analysis of our recent system-wide review, the input we will receive from a public hearing, and on a realistic evaluation of our financial resources, the NFTA will develop a final program of service Page 51 01-0501.txt changes and improvements for implementation Sunday, June 24. Detailed information on our proposed modifications is enclosed for your review. However, before these changes are finalized, we would like to receive your comments. A public hearing has been scheduled for this purpose, and your comments are welcome. The hearing will be conducted Wednesday, April 25, at Erie Community College, City Campus Auditorium, Ellicott Street and South Division Street. From 5 p.m. to 7 p.m., the community will. be able to view proposed service modification documentation, with the public comment period to commence at 7 p.m. If you would like to speak at the hearing, or send a representative to do so, please call 8 55 -7210 before April 20, so that you can be added to our list of speakers. If you have any questions regarding the hearing, please call Robert Gower at 855-7646. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 98 R LOTEMPIO A NANULA POOLED INVESTMENT PROGRAM ERIE CO Dear Majority Leader LoTempio, I would like to respond to your recent request for my views on the possibility of a pooled investment program administered by Erie County. Clearly, any suggestion that would potentially increase investment return must be given full consideration. For that reason, I would encourage potential participants to look closely at a pooled investment initiative and I intend to also study the matter further. But I do have some initial concerns regarding the City of Buffalo's participation in such a program, and I am happy to share them with you at this time. First of all, there's the issue of complexity. Our requirements may be too complex compared to other participants. For example, the city's capital debt fund receives first property taxes and must be fully escrowed for the city's bond debt service payments. I do not think the enabling legislation or resolution allows for any commingling of such funds. In addition, the investment limitations for the Sewer Authority and the Water Authority are established in the respective bond resolutions. I do not think a consolidated pool of investments is available for either of the authorities for most of the monies, since each authority's trustee is responsible for much of the cash management. Secondly, there's the issue of credit. If the county becomes the city's investment arm, we are in effect tying our credit to that of the county. Many local California jurisdictions found themselves in deep credit trouble in 1995 when Orange County faced substantial cash flow difficulties since Orange County maintained a consolidated investment program for local jurisdictions. That investment pool got caught up in the Orange County "meltdown," and while I am not predicting a similar problem here, the question remains why should we put ourselves in that position. Thirdly, there's the issue of economies of scale. If Buffalo becomes a participant in a pool, the city's size will give economies of scale to the other participants, but what is Buffalo gaining in that regard? The city's benefit, from the economies of scale perspective, is marginal in comparison to the other participants. Finally, there's simply the matter of size. Buffalo is not Orchard Park or Lancaster. Buffalo has an investment portfolio of nearly $300 million that already generates the most competitive rates in the marketplace. The city's requirements will be substantially larger and different from those of the vast majority of participants, and the principal focus of the pool toward that type of user would limit its attractiveness for Buffalo. Page 52 01-0501.txt The recommendation from the "Who Does What Commission" for Erie County to explore "available options" for pooling cash for investment purposes is one that should be acted upon. Former City Comptroller Joel Giambra and County Comptroller Nancy Naples made a similar proposal in 1998, and once again I believe the commission's recommendation should be given a very thorough examination. However for the reasons I have stated, I have reservations about Buffalo's participation. If you have any questions, please don't hesitate to contact me. REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL NO. 99 R LOTEMPIO SHARING OF 1% SALES TAX Please file the attached chart for the May 1, 2001 meeting of the Common Council. I have presented this chart, which defines a potential plan for the sharing of the growth of the additional 1% Erie County sales tax before a meeting of local government representatives. Collectively, we will be submitting finalized proposals to the County Executive, Erie County Legislators and our New York State representatives. REFERRDE TO THE SPECIAL COMMITTEE ON REGIONAL GOVERANCE NO. 100 D MAREK-CONCERNS BUSINESS SOUTH DISTRICT Correspondence available from review in City Clerk's Office RECEIVED AND FILED NO. 101 G. MIKOL-REQ UPDATE FOURTH ST HAZARDOUS WASTE SITE This office has received One Council Resolution entitled "Request for Update on Fourth Street Hazardous Waste Site", Res.#214,,CCP April 17,2001 The resolution asked for the Department of Environmental Conservation to file an update describing actions taken to date and current plans for tile site. In response to the resollu6oa, I offer the following The Department held a public meeting on February 27,2001, on a Proposed Remedial Action Plan The public comment period was closed on March 2 1, 200 1 The Department received a number of letters commenting on the Proposed Remedial Action Plan. Currently, the Department is preparing a response to The comments received from the community. It is expected that a responsiveness summary will be issued in May, 200 1. The Department intends to issue a fact Sheet to the community once the responsiveness summary is made available to the public. If there. are any questions in the meantime., please feel free to contact Mr. Peter Buechi, of my staff, at (716) 851-7220. RECEIVED AND FILED NO. 102 V ROSATI-REQ INCREASE IN TAXI METER RATES My name is Vincent Joseph Rosati also know as JR or Joe. I am a Taxi Cob Owner/Operator. I am proposing the following: 1.I am asking for a raise on the meters. Gasoline costs are going up and up. It's costing us an extra $ 100 to $150 per week for gas. 2.I am asking for a raise on the meters. Insurance Coverage is going up and up also. It's getting out of control too. Every year rates go up between $600 to $1100 or more. I am requesting City Hall Common Council to come to an agreement Page 53 01-0501.txt on the proposal that I am submitting to raise the Meter Rates. REFERRED TO THE SPECIAL COMMITTEE ONTAXI CABS AND LIVERY NO. 103 A THOMPSON-RESIDENT CONCERN TRAFFIC SIGHT FILLMORE & E UTICA PUBLIC TELEPHONE E. FERRY & WOHLERS Dear Mr. Michaux: I have received several correspondence form the Masj id Nu'man on a variety of issues concerning the safety of pedestrians in regards to the traffic light located at the intersection of Fillmore Avenue and East Utica Street. Also, there are some concerns regarding the public telephones situated at the comer of East Ferry Street & Wohlers Avenue. Members of the community are concerned with the element congregating at these telephones. Please file these items for the next Common Council meeting May Is', 2001 at 2pm. I thank you in advance for your continued assistance. REFERRED TO THE COMMITTEE ON LEGISALTION AND COMMISSIONER OF PUBLIC WORKS NO. 104 BLUE PHON SYSTEMS IN OLMSTEAD PARKS Thank you for requesting comments from the Buffalo Olmstead Parks Conservancy in regard to the installation of blue phone systems in the Olmstead parks. Gretchen Toles, chair of the Conservancy's Design Development and Review Committee had the following comments: 1. That if, in fact, the phone are deemed necessary, they should have as minimal an impact as possible. 2. That she asked the Delaware Park Steering Committee and they said their opinion is that the phones in Delaware Park are rarely used. 3. That research should be conducted as to the need for the phones and if research has already been done, could a copy be sent to the Conservancy to review? Please call should you have additional questions and thank you again for contacting us. REFERRED TOT HE COMMTTEE ON LEGISLATION PETITIONS NO. 105 R. DIPASQUALE, AGENT, USE 153 ELMWOOD FOR EXTENSION OF PATIO. (HRG. 05/08/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 106 JAMES E. LATHROP, AGENT, USE 312 LINWOOD FOR GROUND SIGN. (HRG. 05/08/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 107 C. MCCAFFREY, AGENT, USE 63 W. CHIPPEWA FOR ILLUMINATED POLE SIGN. (HRG. 05/08/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY Page 54 01-0501.txt PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 108 G. KUNZMAN, AGENT, USE 42 W. CHIPPEWA FOR AN OUTDOOR CAFT. (HRG. 05/08/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 109 R. L. CHAINANI, OWNER, USE 502 ELMWOOD FOR SIT-IN RESTAURANT. (HRG. 05/08/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 110 FRED DOUGLAS TOWER PETITIONS REG SERVICES PROVIDED BY BUFFALO URBAN LEAGUE REMAIN AT 234 JEFFERSON Please file the attached item on behalf of the citizens/residents of the Frederick DouglasS90A Towers for inclusion on the Common Council Agenda for discussion at the upcoming Session for further action. Should you have concerns regarding this request, please contact me at 851-4980. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF BMHA AND STRATEGIC PLANNING Regular Committees Civil Service (Barbara A. Miller-Williams, Chairperson) No. 111 Appointment Sr. Auditor (Inter) (Compt.) (Item No. 3 1 -C.C.P. Apr. 17, 200 1) That Communication 3 1, Apr. 17, 2001 be received and filed and the permanent appointment of Jennifer A. LoTempio stated above at the intermediate salary of $37,204 effective on April 2, 2001 is hereby approved. PASSED AYES - 13 - NOES - 0 NO. 112 Appointment Computer Programmer (Inter) (MIS) (Item No. 36-C.C.P. Apr. 17, 200 1) That Communication 36, Apr. 17, 2001 be received and filed and the temporary appointment of Herbert Richardson stated above at the intermediate salary of $39,515 effective on April 2, 2001 is hereby approved. PASSED AYES - 13 - NOES - 0 NO. 113 Fire Captain (Perm) (Max) (Fire) (CCP#61-Apr. 17, 01) That the above item be and the same hereby is received and filed. ADOPTED AYES - 12 NOES - 1 Page 55 01-0501.txt AYES - BONIFACIO, COPPOLA, ELLINGTON, FONTANA, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, PITTS, THOMPSON, WILLIAMS NOES- FISHER NO. 114 Fire Captain (Perm. Cont.) (Max) (Fire) (CCP#62-Apr. 17, 01) That the above item be and the same hereby is received and filed. ADOPTED AYES - 12 NOES - 1 AYES - BONIFACIO, COPPOLA, ELLINGTON, FONTANA, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, PITTS, THOMPSON, WILLIAMS NOES- FISHER NO. 115 Fire Captain (Perm.) (Max) (Fire) (CCP#63-Apr. 17, 01) That the above item be and the same hereby is received and filed. ADOPTED AYES - 12 NOES - 1 AYES - BONIFACIO, COPPOLA, ELLINGTON, FONTANA, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, PITTS, THOMPSON, WILLIAMS NOES- FISHER NO. 116 Fire Lt. (Perm. Cont.) (Max) (Fire) (CCP#64-Apr. 17, 01) That the above item be and the same hereby is received and filed. ADOPTED AYES - 12 NOES - 1 AYES - BONIFACIO, COPPOLA, ELLINGTON, FONTANA, GOLOMBEK, GRANT, GRAY, LOTEMPIO, MARTINO, PITTS, THOMPSON, WILLIAMS NOES- FISHER No. 117 Appointment Typist (Inter) (HR) Item No. 71 -CCP Apr 17, 2001 That Communication 71, Apr. 17, 2001 be received and filed and the permanent appointment of Elizabeth Timineri stated above at the intermediate salary of $24,585 effective on April 2, 2001 is hereby approved. PASSED AYES - 13 - NOES - 0 No. 118 Appointment Acting Director of Counseling - Bernadette Sherry (Item No. 68, C.C.P., Apr. 17, 200 1) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Ms. Miller-Williams Moved: That the appointment of Bernadette Sherry, residing at 23 John Paul Court, as Acting Director of Counseling at Step 5 salary of $47,771.74 effective April 16, 2001 be, and hereby is approved. Passed AYES - 13 - NOES - 0 No. 119 Notice of Appts. -Temp./Prov. /Perm. (C.Clk.) Page 56 01-0501.txt (CCP#82-Apr. 17, 01) That the above item be and the same hereby is received and filed. ADOPTED Finance (Betty Jean Grant, Chairperson) No. 120 Authorization of-Municipal Bond Bank Agency Agreement (Item No. 22, C.C.P., Apr. 17, 200 1) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Ms. Grant Moved: That the Mayor and the Comptroller be, and they hereby are authorized to negotiate and execute a Special Program Agreement between the City and State Municipal Bond Bank Agency to provide financing for a $25,000,000 portion of the litigation settlement between the City School District and the Buffalo Teachers Federation, Inc. with any changes, insertions and omissions therein as may be approved by the Mayor and Comptroller, such approval to be conclusively evidenced by such execution and delivery of the Special Program Agreement. That the Mayor, Comptroller, Corporation Counsel and the City Clerk are hereby authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents, including agreements with the School District which shall be filed with the Common Council, and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Special Program Agreement. Passed. AYES - 13 - NOES - 0 No. 121 Compt. Resp.-Selling-Capital Bonds-Masten Dist. Proj. (Compt.) (#20,1/23) (CCP#133-Apr. 17, 01) Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED No. 122 Results of Negotiations - 324 Guilford Street (Item No. 7, C. C.P., Feb. 6, 200 1) That the offer from Mr. Robert Kresse, Attorney at Law on behalf of King Urban Life Center, 932 Genesee Street, in the sum of Five Hundred Dollars ($500.00) for the sale of 324 Guilford 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. 123 Results of Negotiations - 483 Madison Avenue (Item No. 10, C. C.P., Apr. 3, 200 1) That the offer from Ms. Kimberly Hunley, residing at 485 Madison Avenue, in the sum of Five Hundred Dollars ($500.00) for the sale of 483 Madison Avenue, be and hereby is accepted; and Page 57 01-0501.txt 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. 124 Results of Negotiations - 49 and 51 Young Street (Item No. 12, C. C.P., Apr. 3, 200 1) That the offer from Ms. Jacqueline A. Richardson, residing at 10 Grimes Street, in the sum of One Thousand and Six Hundred Dollars ($1,600.00) for the sale of 49 and 51 Young Street, be and they hereby are accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 13 - NOES - 0 No. 125 L. Sciolino, Req. Penalties/Fees Relinquished-9999 Brayton (CCP#99-Oct. 3 1, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 126 L. Sciolino, Req. Penalties/Fees Relinquished-9999 Brayton (Assess.) (CCP#6-Nov. 28, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 127 Establish Grant In Aid Review Committee (CCP#172-Nov. 14, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 128 Est. Grant In Aid Review Committee (Com. Svs.) (CCP#61-Dec. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 129 Identify/Procure Fndng.-Pan-Am Exposition Monument (CCP#177-Nov. 14, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 130 Pan-Am Exposition Monument (PW) (CCP#47-Dec. 12, 00) Page 58 01-0501.txt That the above item be and the same hereby is received and filed. ADOPTED No. 131 B. Michaux - Req. Bailey - Amherst Budget (CP) (CCP#20 - Mar 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 132 License Agreement - U. S - Coast Guard - City of Buffalo (Item No. 50, C.C.P., Apr. 17,2001) That the Mayor be, and he hereby is authorized to execute the revised license agreement with the U. S . Coast Guard. Passed. AYES - 13 - NOES - 0 Legislation (Richard A. Fontana, Chairman) No. 133 Ordinance Amendment -Chapter 511 -Zoning (Item No. 19 1, C. C.P., Apr. 17, 200 1) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs. LoTempio Moved: That after a public hearing on April 24, 2001, the Ordinance Amendment as contained in Item No. 191, C.C.P., April 17, 2001, be and the same hereby is approved. PASSED AYES - 13 - NOES - 0 No. 134 S. Semeraro, Petition to Use 1292 Hertel Avenue - Restaurant Expansion (Item No. 108, C.C.P., Apr. 17,2001) That after the public hearing before the Committee on Legislation on April 24, 2001, the petition of S. Semeraro, agent, for permission to use of 1292 Hertel Avenue for a restaurant expansion, be and hereby is approved. PASSED AYES - 13 - NOES - 0 No. 135 L. Parker, Petition to Use 2207 Niagara Street Pole Sign (Item No. 109, C. C.P., Apr. 17, 200 1) That after the public hearing before the Committee on Legislation on April 24, 200 1, the petition of L. Parker, agent, for permission to use of 2207 Niagara Street for a pole sign, be and hereby is approved with the following conditions: I .Conditions as determined by the Commissioner of Public Works, Parks and Streets. 2.That the sign be no higher than 18 feet. 3.That landscaping be provided at the base of the sign 4.That the existing sign and structure be removed. PASSED AYES - 13 - NOES - 0 No. 136 J. Anthony, Petition to Use 2408 Main Street a/k/a 15 Jewett Parkway Illuminated Ground Sign (Item No. I 10, C.C.P., Apr. 17, 200 1) That after the public hearing before the Committee on Legislation on April 24, 2001, the petition of J. Anthony, agent, for permission to use Page 59 01-0501.txt of 2408 Main Street a/k/a 15 Jewett Parkway for an illuminated ground sign, be and hereby is approved with conditions as set by the City of Buffalo Planning Board. PASSED AYES - 13 - NOES - 0 No. 137 M. Stanley, Agt., Use 654 Cresent-Third Story Add. "g. 4/24) (CCP# I I I -Apr. 17, 0 1) That the above item be and the same hereby is received and filed. ADOPTED No. 138 B. Baumker, Petition to Use 1728 Broadway - Pole Sign (Item No. 112, C.C.P., Apr. 17, 2001) That after the public hearing before the Committee on Legislation on April 24, 2001, the petition of B. Baumker, agent, for permission to use of 1728 Broadway for a pole sign, be and hereby is approved with the condition that landscaping be provided at the base of the sign. PASSED AYES - 13 - NOES - 0 No. 139 P. Strada, Petition to Use 2192 Niagara Street - Sign (Item No. 94, C. C.P., Apr. 3, 200 1) That after the public hearing before the Committee on Legislation on April 10, 2001, the petition of P. Strada, agent, for permission to use of 2192Niagara Street for a sign, be and hereby is approved with the following conditions: 1. Any conditions determined necessary by the Zoning Board of Appeals and the City Planning Board. 2. That landscaping/vegetation be provided at the base of the sign. PASSED AYES - 13 - NOES - 0 No. 140 Voter Election Reform (CCP#21 I -Apr. 17, 0 1) That the above item be and the same hereby is received and filed. ADOPTED No. 141 Carbon Monoxide Detectors (CCP#249-Feb. 8, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 142 Carbon Monoxide Detectors (CD) (CCP#26-Feb. 22, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 143 CLOSING ALABAMA STREET TO VEHICULAR TRAFFIC (ITEM NO. 46, C.C.P., APR. 17, 2001) That the Department of Public Works, Parks and Streets is authorized to close Alabama Street from Exchange to Seneca Streets to vehicular traffic and that the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Graphic Controls, 400 Exchange Street to occupy the right-of-way subject to conditions established by the Department. PASSED AYES-13. NOES-0. Page 60 01-0501.txt NO. 144 ONE-WAY STREET DIRECTION - REPEAL FOR LYTH STREET (ITEM NO. 157, C.C.P., APR. 17, 2001) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 145 C. KITTEL-REQ. DISCUSSION ON CRUCIAL ISSUES-BENNETT VILL. TEFF. (CCP#84-MAR. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 146 PAYPHONE APPLICATIONS PAY-TEL CORPORATION (ITEM NO. 52, C.C.P., APR. 17, 2001) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a license to install a payphone in the City right-of-way in accordance with Chapter 441-4 of the City Ordinances as revised Item No. 136, C.C.P., December 26, 1995 to Mr. Jay Alberti, President of Pay-Tel Corporation, 45 West Tupper Street for a payphone at 351 Potomac Avenue; and That the application to install pay telephones at 1021 East Ferry Street, 635 East Delavan Avenue and 434-436 East Ferry Street be, and they hereby are denied; and That the application to install a pay telephone at 125 Hamburg Street be tabled in the Committee on Legislation for further consideration. PASSED AYES-13. NOES-0. NO. 147 SIDEWALK CAFE - 252 DELAWARE AVENUE (ITEM NO. 5 5, C. C.P., APR. 17, 2001) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Mr. Bill Palladino and Mr. Joseph Todaro, owners of the Red Room Bar, located at 252 Delaware Avenue, to install a sidewalk cafe, which would encroach city right-of-way at said address, subject to the following conditions: 1 . That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 2. That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Parks and Streets, Department of Permits and Inspection Services. 3.That the sidewalk cafe does not exceed thirty feet (30') in length or extend more than nine feet (9') from the building face. 4.That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5.That the sidewalk cafe be completely removed from City right-of-way from November 15 to April I each year. Page 61 01-0501.txt 6.That the applicant be assessed the annual fee of one dollar and thirty cents ($1.30) per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7.That the applicant supply the Department of Public Works, Parks and Streets with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. PASSED AYES-13. NOES-0. NO. 148 SIDEWALK CAFE - 951 ELMWOOD AVENUE (ITEM NO. 56, C. C.P., APR. 17, 2001) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Mr. Dave Cosentino, owner of Talking Leaves, located at 951 Elmwood Avenue, to install a sidewalk cafe, which would encroach city right-of-way at said address, subject to the following conditions: 1.That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 2.That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Parks and Streets, Department of Permits and Inspection Services. 3.That the sidewalk cafe does not exceed forty feet (40') in length or extend more than six feet (6') from the building face. 4.That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5.That the sidewalk cafe be completely removed from City right-of-way from November 15 to April I each year. 6.That the applicant be assessed the annual fee of one dollar and thirty cents ($1.30) per square foot of City right-of-way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7.That the applicant supply the Department of Public Works, Parks and Streets with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of Page 62 01-0501.txt said sidewalk cafe. 8.That the applicant maintains standard hours of operation. PASSED AYES-13. NOES-0. COMMUNITY DEVELOPMENT (BEVERLY A. GRAY, CHAIRPERSON) NO. 149 GREENWAY PLAZA AT THE INNER HARBOR (ITEM NO. 206, C. C.P., MAR. 20, 2001) That this Common Council requests the Empire State Development Corporation and the Buffalo Economic Renaissance Corporation to incorporate the Greenway Plaza into the design of the Inner Harbor and to file with this Common Council any plans or drawings they have developed to date regarding the Greenway Plaza; and That this Common Council requests the Empire State Development Corporation and the Buffalo Economic Renaissance Corporation to file information on funding for the Greenway Plaza as an element of the Inner Harbor Plan; and That this Common Council requests the Empire State Development Corporation and the Buffalo Economic Renaissance Corporation to file information on the current status of plans to fund and build segments of the Industrial Heritage Trail as part of the Inner Harbor project. ADOPTED NO. 150 RESPONSE-GREENWAY PLAZA AT INNER HARBOR (BERC) (CCP#69-APR. 3, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 151 T. BLANCHARD-EMPIRE ST. DEV. -GREENWAY PLAZA/BFLO. INNER HARBOR PROJ (CCP#87-APR. 17, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 152 MAINTENANCE OF THE RIVERWALK (ITEM NO. 207, C.C.P., MAR. 20, 2001) That this Common Council requests County Executive Joel A. Giambra to file a report on the County's plans for maintaining and improving the Riverwalk, addressing the following issues: 1.Routine maintenance, including sweeping, landscaping and patrolling. 2.Infrastructure maintenance, including paving and other repairs. 3.Correcting design defects including steps in the middle of the trail, impediments at the Army Corps facility, short sight lines and other safety defects. 4.Filling the void in the Riverwalk between West Ferry and the Peace Bridge. 5.Making the continuity of the Riverwalk more evident between LaSalle Park and the Inner Harbor. 6.Constructing the Greenway Plaza in the Inner Harbor to serve as the hub of Page 63 01-0501.txt the Greenway System and the Southern terminus of the Riverwalk. 7.Involving the public in plans for improving and maintaining the Riverwalk. That the County Executive files this report with the Common Council. ADOPTED NO. 153 G. GRASSER-SUPP. GREENWAY PLAZA/RIVERWALK MAINTENENCE (CCP#96-APR. 17, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 154 A. SEDITA-ERIE CO. REC. -MAINTENANCE OF RIVERWALK (CCP#91-APR. 3, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 155 W. O'CONNOR-IND. HERITAGE-GREENWAY TRAIL/RIVERWALK MAINT. (CCP#98-APR. 17, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 156 M. GARDNER-LEAGUE-WOM. VOTERS-SUPP. GREENWAY PI., RVWLK. MAINT., 100' SETBK. (CCP#94-APR. 17, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 157 M. WOOSTER, GREAT LAKES UNITED-SUPP. GREENWAY P, RIVWLK., 100' SETBACK-RIVER (CCP#105-APR. 17, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 158 ACQUISITION OF 493 AND 503 SENECA - SOUTH ELLICOTT URBAN RENEWAL PLAN PHASE II (ITEM NO. 9, C. C.P., APR. 17, 2001) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs. Gray moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 159 TRANSFER OF TITLE, URBAN HOMESTEAD - 208 MARYLAND STREET (ITEM NO. 15, C. C.P., APR. 3, 2001) That the city-owned property commonly known as 208 Maryland Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mrs. Josephine Ferreira, residing at 210 Maryland 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. Page 64 01-0501.txt PASSED AYES -13 NOES - 0 NO. 160 ENV. CLEAN-UP-318 URBAN & 858 E. FERRY (CCP#215-FEB. 6, 01) Mrs. Gray moved that the above item be recommitted to the Community Development. ADOPTED NO. 161 P. EVANS-PLAYGROUND CONST.-ECC#61 (CCP#72-FEB. 20, 01) That the above item be and the same hereby is referred to the Committee on Education. ADOPTED NO. 162 P. EVANS-PLAYGROUND CONST.-ECC (PW) (CCP#40-MAR. 6, 01) That the above item be and the same hereby is referred to the Committee on Education. ADOPTED NO. 163 CONVERT CITY-OWNED LAND TO COMMUNITY TOT LOT (ITEM NO. 20 1, C. C.P., MAR. 20, 2001) (ITEM NO. 170, C. C.P., APR. 17, 2001) That the City use the land located at Kensington Avenue at Northumberland Avenue to build a recreational and community tot lot with community development block grant funding; and That the Block Club presidents of Kensington, Elmer, Parkridge and Northumberland Avenues and other block clubs will maintain the community tot lot; and That the Department of Real Estate, Strategic Planning and the Department of Public Works, Parks and Streets initiate the process to start this project as soon as possible; and That the above agencies respond to this request by filing a response with this Honorable Body. ADOPTED NO. 164 USE 887 & 895 KENSINGTON FOR TOT LOT (#23, 4/3) (STRAT. PL.) (CCP#171-APR. 17, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 165 WEED/SEED YOUTH OPPORTUNITY INITIATIVE (CIT. SVS.) (CCP#L -APR, 3, 01) That the above item be and the same hereby is received and filed. ADOPTED EDUCATION (CHARLEY H. FISHER, III, CHAIRMAN) NO. 166 S. BANKO-INFO.-TECHICAL ASSISTANCE REQUEST (CCP#68-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 167 Page 65 01-0501.txt D. CHRISMAN-BFLO/F-RIE CO. LIB.-BFLO. LIB. SVS. COMM.-REQ. COMM. (CCP#89-JAN. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED BUDGET COMMITTEE (ROSEMARIE LOTEMPIO, CHAIRPERSON) NO. 168 Reviewing of Personal Services Contracts (MIS) (CCP47-Nov. 28, 00) That the above item be and the same hereby is received and filed, ADOPTED NO. 169 Personal Services Contracts (Compt.) (CCP#26-Dec. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 170 Reviewing Personal Services Contracts (Permits) (CCP#64-Dec. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 171 Reviewing of Personal Services Contracts (PW) (CCP#28-Jan. 9, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 172 City Purchase of Snowmobiles (4185, 12/12) (CCP4106-Feb. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 173 City Purchase of Snowmobiles (PW) (#24, 12/26) (CCP#107-Feb. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 174 City Purchase of Snowmobiles (Fire) (#3 8, 12/26) (CCP#108-Feb. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 175 City Purchase of Snowmobiles (PW) (#48, 1/23) (CCP4109-Feb. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 176 M. Coppola-Cost of Snowmobiles (#90, 1/23) (CCP# I I 0-Feb. 20, 0 1) That the above item be and the same hereby is received and filed. ADOPTED Page 66 01-0501.txt NO. 177 City Depts. -Use of COB Systems (Mgmt. Inf) (# 14, 9/5) (CCP# I I I -Feb. 20, 0 1) That the above item be and the same hereby is received and filed. ADOPTED NO. 178 Problems With MUNIS System (Pot) (#55, 9/5) (CCP# I 12-Feb. 20, 0 1) That the above item be and the same hereby is received and filed. ADOPTED NO. 179 MUNIS Concerns (A&F) (#73, 9/5) (CCP# 113 -Feb. 20, 0 1) That the above item be and the same hereby is received and filed. ADOPTED NO. 180 MUNIS Concerns (Compt) (#30, 9/19) (CCP# I 14-Feb. 20, 0 1) That the above item be and the same hereby is received and filed. ADOPTED NO. 181 MMS (#147, 10/17) (CCP#l 15-Feb. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 182 Sales Tax (Exc. Fin. Resolve) (CCP4209-Mar. 20, 01) That the above item be and the same hereby is referred to the Special Committee on Regional Governance. ADOPTED NO. 183 R. LoTempio-Sales Tax (CCP#89-Apr. 3, 01) That the above item be and the same hereby is referred to the Special Committee on Regional Governance. ADOPTED NO. 184 Gen. Fund Gap Sheet-Sec. Quarter 2001 -01 (A&F) (CCP#58-Mar. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 185 Gen. Fund Gap Sheet-Sec. Quarter 200 1 -01 (Compt.) (CCP#30-Apr. 3, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 186 RFP-Debt Recovery Services (A&F) (CCP#49-Feb. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED Page 67 01-0501.txt NO. 187 Additional Equip. for Snow Removal (CCP#193-Mar. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 188 Cur. Sit./Future Direction-Medical Coverage for Unions (HR) (CCP#60-Mar. 6, 01) That the above item be and the same hereby is referred to the Committee on Civil Service. ADOPTED NO. 189 Ind. Health's Prop. Imple. Of Medicare Carve-Out Rates (CP) (CCP#33-Apr. 3, 01) That the above item be and the same hereby is referred to the Committee on Civil Service. ADOPTED NO. 190 Medical Benefits for Seasonal Employees (CCP# 182 - Mar. 6, 01) That the above item be and the same hereby is referred to the Committee on Civil Service. ADOPTED NO. 191 Medical Benefits for Seasonal Employees (HR) (CCP# 59 - Apr. 3, 01) That the above item be and the same hereby is referred to the Committee on Civil Service. ADOPTED No. 192 Ord. End. - Ch. 96 - 19 Bonds/Contracts - Liv. Wage Ord. (Compt) (CCP# 14 - Mar. 20. 01) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 193 By-. Mr. Bonifacio R,E-. Permission to Hang Tombola Carnival Banner Whereas: Holy Angels Church located at 348 Porter Avenue, is Celebrating its 2nd Annual "Tombola Carnival" to promote Celebrating their 150'11 Year Anniversary of service, and Whereas: Representatives from Holy Angels Church have requested permission to utilize two street light posts to hang a banner across Niagara Street and Connecticut Street extending from Carl Perla, Jr. Park to Columbus Park beginning Friday, June 1, 2001 through Sunday, July 8, 200 1 - and Whereas The Holy Angels Church representatives are familiar with the banner requirements and will purchase the necessary bond before the banner is installed-, Now, Therefore, Be It Resolve & That this Common Council grants permission to the Holy Angels Church to hang a banner Celebrating their 2nd Annual Tombola Carnival, and Be It Further Resolve & That said banner will hang across Niagara Street extending from Carl Perla, Jr. Park to Columbus Park from June 1, 200 1, through July 8, Page 68 01-0501.txt 200 1; and Be It Finally Resolve & That said banner meets all the requirements of pertinent city departments and that no existing laws be violated. PASSED AYES - 13 - NOES - 0 RESOLUTION No. 194 By: Mr. Bonifacio RE: Permission to Hang Banners on Porter Avenue Whereas: Holy Angels Church is located at 348 Porter Avenue, and is celebrating it's 150 th Year Anniversary of service; and Whereas: Holy Angels Church will begin their year long celebration on June I", and they will also be hosting the Tombola Carnival on July 6', 7", 8', 2001 and Whereas: Holy Angels Church would like to promote their 150th Year Anniversary by hanging flag-like banners on Porter Avenue between Fargo Avenue and Plymouth Avenue from Friday, June 1, 200 1, and the flag-like banners will remain their permanently; Now, Therefore, Be It Resolved: That this Common Council grants permission to Holy Angles Church to hang flag-like banners on Porter Avenue between Fargo Avenue and Plymouth Avenue to promote their 1500' Anniversary as long as they meet all requirements of all pertinent city departments and violate no existing laws or ordinances, PASSED AYES - 13 - NOES - 0 NO. 195 By: Mr. Coppola Information on District Heating and Cooling Systems in the U.S. Whereas: The United States is currently in an energy crisis; and Whereas: Alternative methods for finding energy are always being looked for; and Whereas- The use of District Heating and Cooling Systems has been employed in many cities as way to cut energy costs, as well as, cut back on the wasting of energy. Whereas: Such municipalities have experienced numerous benefits form combined heat and power projects, including, but not limited to, economic development and energy conservation. Now, Therefore, Be It Resolved: That the attached document be submitted to the Energy committee to review and use as a source of information as positive results of combining Heat and power projects in other municipalities in the United States. REFERRED TO THE SPECIAL COMMITTEE ON ENERGY NO. 196 BY.- MR. COPPOLA GRANT PERMISSION TO HANG PAN-AM BANNER ON JEWETT AND PARKSIDE Whereas: The Parkside Community Association has worked actively to revitalize their area and improve quality of life; and Whereas: They have requested permission to a hang Pan-Am Banners on a city owned light pole located on the comer of Jewett and Parkside Avenues; and Whereas: The Parkside Community Association is interested in improving the area in which they live, and this banner will add to the beauty of their block, as well as, the City of Buffalo; and Whereas: The Parkside Community Association will submit the proper notification of serial to the Department of Public Works, Parks, & Streets upon approval of this item. Page 69 01-0501.txt Now, Therefore, Be It Resolved: This Common Council supports the Parkside Community Association in its endeavor, and subject to the conditions set forth by the Department of Public Works, Parks, & Streets, grants them permission to hang a Pan-Am Banner on a city owned light pole located on the corner of Jewett and Parkside Avenues. PASSED AYES - 13 - NOES - 0 RESOLUTION NO. 197 BY: MS. ELLINGTON RE: DISCHARGE THE COMMUNITY DEVELOPMENT Committee of Items #13 - CCP - March 6, 2001 - "Transfer of Title- UHP - 386.Fulton" # 14 - CCP - April 3, 2001 - "Transfer of Title- UHP - 212 Loepere" #19 - CCP - April 3, 2001 - "Transfer of Title- UHP - 277 Sobieski" #21 - CCP - April 3, 2001 - "Transfer of Title- UHP - 934 Sycamore" # 15 - CCP - March 6, 2001 - "Transfer of Title- UHP - 168'ritus,, Whereas: Items # 13 - CCP - March 6, 2001 - "Transfer of Title- UHP - 3 86 -.Fulton" #14 - CCP - April 3, 2001 - "Transfer of Title- UHP - 212 Loepere" # 19 - CCP - April 3, 2001 - "Transfer of Title- UHP - 277 Sobieski" #21 - CCP - April 3, 2001 - "Transfer of Title- UHP - 934 Sycamore" # 15 - CCP - March 6, 2001 - "Transfer of Title- UHP - 168 Titus,, are presently before the Committee on Community Development; and Whereas: It is no longer necessary for these items to be considered by that committee; Now, Therefore, Be It Resolved That: This Common Council does hereby discharge the Committee on Community Development from further consideration of Items #13 - CCP - March 6, 2001 - "Transfer of Title- UHP - 386 Fulton" # 14 - CCP - April 3, 2001 - "Transfer of Title- UHP - 212 Loepere" # 19 - CCP - April 3, 2001 - "Transfer of Title- UHP - 277 Sobleski" #21 - CCP - April 3, 2001 - "Transfer of Title- UHP - 934 Sycamore" # 15 - CCP - March 6, 2001 - "Transfer of Title- UHP - 168 Titus", and said items are now before the Council. PA S S E D AYES - 13 - NOES - 0 NO. 198 By: Mr. Fontana Re: Ordinance Amendment Chapter 454 - Tow Trucks The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 454 of the Code of the City of Buffalo be amended to read as follows: ARTICLE I GENERAL TOWING  454-1. Intent and Definitions. A. It is the intent of the City of Buffalo, through the enactment of this ordinance, to regulate instances of towing in the City of Buffalo in order to promote safety and responsibility within the streets and highways of the City of Buffalo. The public interest is served by the licensing of towing companies and vehicles in order to properly identify tow trucks and to protect the citizens of the City from abuse and mistreatment. B. As used in this article, the following terms shall have the meanings indicated: PERSON - Includes any individual, partnership, firm, corporation, association, company or organization of any kind. Page 70 01-0501.txt TOWING (COMMERCIAL) - The moving or removing of disabled, illegally parked or abandoned motor vehicles or motor vehicles involved in accidents by another motor vehicle, for which there is direct or indirect compensation. TOW TRUCK OWNER - Includes anyone owning and operating or causing to be operated a tow truck for compensation within the City of Buffalo.  454-2. License required. A. It shall be unlawful after the effective date of this chapter for any person to conduct the business for compensation of owning and operating or causing to be operated a tow truck within the City of Buffalo without first having obtained a license in the manner hereinafter set forth. B. Any person violating the provisions of this section may be liable for penalties as prescribed in Chapter 137, Article 1, of this Code. C. It shall be unlawful after the effective date of this chapter for any person to operate a tow truck for compensation within the City of Buffalo without first having obtained a license in the manner hereinafter set forth. It shall not be necessary, however, for a person who does not maintain a place of business within the City of Buffalo to obtain such a license for the purpose of providing a towing service that either originates or terminates outside of the City of Buffalo.  454-3. Application for license. Applications for licenses required by this chapter shall be made upon forms provided by the Department of Permit and Inspection Services of the City of Buffalo, shall be signed and verified under oath by the applicant if an individual and by a duly authorized agent if a partnership or corporation or similar organization and shall set forth the following: A. If a person, the name and address of the applicant. B. If a partnership, the name, residence and business address of each partner. C. If a corporation, the name, date and state under whose laws such corporation was organized, and if a foreign corporation, whether authorized to do business in the State of New York, and in either event, the names of the principal officers, directors or other authorized agents, their residences and business addresses. D. If an organization of any other kind, the authorized agents for said organization and their residences and business addresses. E. Photocopies of New York state driver's licenses of all drivers. F. Affidavits attesting that the drivers have no criminal record or a full disclosure of any prior criminal history and an authorization for a criminal background check.  454-4. Issuance of license. The Commissioner of Permit and Inspection Services shall forward such application for a license, to the Department of Police of the City of Buffalo; and after an investigation by said Department, the Commissioner of Permit and Inspection Services, upon payment of the proper fee and provided, further, that the statements set forth in the application are true and that all laws and ordinances pertaining thereto have been complied with, shall issue a license to the tow truck owner or applicant. A license may not be issued to an owner or driver convicted of any felony, any offense relating to the theft or dismantling of motor vehicles, insurance fraud or sex offenses, or any series of convictions for traffic offenses that would indicate a pattern of disregard for vehicle safety.  454-5. Display and transferability of license. Page 71 01-0501.txt A. Upon the issuance of such license, the holder thereof shall be allowed to operate a tow truck for compensation within the City of Buffalo, provided that he conspicuously displays in clear and legible Letters of at least two (2) inches in height on both doors of the tow truck the owner's name, business location and telephone number and the number of his license or otherwise identifies himself as a holder of a valid license from the City of Buffalo; and provided, further, that such license number or other identification of the license holder is displayed conspicuously in clear and legible letters of at least four (4) inches in height on both doors of the tow truck. B. No license issued under this chapter shall be transferable or assigned or used. by any other person other than the one to whom it is issued. C. Any person violating the provisions of this Section may be liable for penalties as prescribed in Chapter 137, Article 1, of this Code.  454-6. License fees; expiration. The biennial license fee for doing business as the owner or operator of a tow truck within the City of Buffalo shall be the sum as provided in Chapter 175, Fees, and such license shall expire on the second April I following the date of issuance.  454-7. Renewal of license. An application for renewal of a license shall be filed and the fee therefor paid on or before the 15th day of March biennially.  454-8. Revocation of license. The Commissioner of Permit and Inspection Services may revoke a license issued under this chapter upon a hearing, after a reasonable written notice of the time and place of such hearing, for cause and particularly if he finds that the licensee has made any materially false or incorrect statements in the application or if he finds that the licensee has failed to comply with any of the provisions of this chapter or any other statute, regulation or ordinance relating to the operation and/or ownership of tow trucks.  454-9. Responsibilities of licensee. A. Anyone holding a valid license for the ownership and/or operation of a tow truck under this chapter, when responding to a call for his services, shall cooperate fully with all lawfully constituted authorities and shall immediately remove any vehicles that may be a traffic hazard and shall immediately remove or cause to be removed any debris or dislodged parts of motor vehicles which may have been deposited on any of the streets of this city because of the incident for which his services were required. B. Anyone holding a valid license under this chapter must immediately notify in writing the local police station having jurisdiction over the area when removing a vehicle unlawfully parked on private property at the request of the owner of the premises and without the consent of the vehicle owner as required by section 12 10 (c) of the Vehicle and Traffic Law. C. Anyone holding a valid license under this chapter is under a continuing obligation to keep any information provided to the City current and up-to-date. Failure to provide such information may be cause for revocation of the license. ARTICLE II AUTHORIZED CITY TOW TRUCKS 454-10. Purpose and applicability. A. It is the purpose and intent of this chapter to establish an orderly system for the safe and expeditious removal of disabled motor vehicles from the streets of the City of Buffalo, to supervise and Control the operation of towing businesses that are granted permission to tow for the Police Department or the Division of Parking Enforcement, and to remove and dispose of vehicles abandoned on streets Located in the City of Buffalo. B. The provisions of this chapter shall not prohibit the driver or owner of a vehicle which needs towing service from contracting with any towing company of his or her own choice, provided that: Page 72 01-0501.txt (1) The vehicle is not being towed by police order pursuant to an arrest or a violation of law or statute or for police investigation: and (2) The towing service contracted with has the ability to, and actually does, respond within a reasonable period of time, as determined by the police officer in charge at the scene, taking into consideration traffic conditions and the safety and well-being of those affected by the situation. C. Services, such as collision or repair work, provided by an authorized City tower not specifically covered by this chapter shall not be regulated by the City of Buffalo and will be based solely on the contract which exists between the towing company and the driver/owner of the vehicle. 454-11.Definitions. As used in this article, the following terms shall have the meanings indicated: ABANDONED VEHICLE - A vehicle as defined in  1224 of the Vehicle and Traffic Law of the State of New York. ACCIDENT - Any incident or occurrence in which one (1) or more motor vehicles come in contact with each other or any other object, thereby causing damage to or disabling a motor vehicle. AUTHORIZED INVOICE - An invoice approval by the Department of Permit and Inspection Services which contains: A. The name, address and telephone number of an authorized City tower. B. The logo of a nationally recognized credit or debit card. C. A list of current towing charges of the authorized City tower. AUTHORIZED CITY TOWER - A towing company which has been approved by the Police Department, the Division of Parking Enforcement and the Department of Permit and Inspection Services to tow vehicles on behalf of the City of Buffalo. AUTHORIZED TOW TRUCK - A specially equipped vehicle designed for the towing or pushing of disabled vehicles and which is: A. At least one (1) ton commercially built wrecker body. B. Equipped as set forth in 454-18 of this chapter. Registered as a tow truck with the New York State Department of Motor Vehicles. CITY - City of Buffalo. DEPARTMENT OF PERMIT AND INSPECTION SERVICES - The Commissioner of the Department of Permit and Inspection Services of the City of Buffalo or any other member of Department designated by the Commissioner of the Department of Permit and Inspection Services to perform duties under this chapter. DIVISION OF PARKING ENFORCEMENT - The Director of the Division of Parking Enforcement of the City of Buffalo or any other member of Division designated by the Director of the Division of Parking Enforcement to perform duties under this chapter. DRIVER - A person who operates or drives or is in actual physical control of an authorized tow truck and whose license authorizes such person to operate said tow truck pursuant to the terms and conditions of section 501 of the Vehicle and Traffic Law. HEAVY TOW TRUCK - An authorized tow truck having a winch and which is capable of lifting a motor vehicle having a minimum Gross Vehicle Weight Rating (GVWR) of ten thousand (10,000) pounds. LETTER OF AUTHORIZATION - A document signed by the Commissioner of Permit and Inspection Services authorizing a towing company to provide service for the City of Buffalo Police Department and which: A. Is [annually] biennially renewable. B. Specifies all the terms an authorized City tower must abide by. C. May be rescinded by either party upon giving the other party twenty4our (24) hours' prior written notice. D. May be suspended by the City without prior written notice pending a hearing to determine whether there is sufficient cause to revoke such Page 73 01-0501.txt letter. POLICE DEPARTMENT - The Commissioner of Police of the City of Buffalo or any other member of Police Department designated by the Commissioner of Police of the City of Buffalo to perform duties under this chapter. TOWING - The moving or removing of disabled, illegally parked or abandoned motor vehicles or motor vehicles involved in accidents by another motor vehicle, for which there is direct or indirect compensation. 454-12. Circumstances for removal of vehicles. The Police Department or the Division of Parking Enforcement may direct the removal of vehicles in the following circumstances: A. When any vehicle is parked or abandoned on any highway within the City during a snowstorm, flood, fire or other public emergency which affects that portion of the public highway upon which said vehicle is parked or abandoned. B. When any vehicle is found or for any reason disabled on any highway within the City where said vehicle constitutes an obstruction to traffic. C. When any vehicle is parked or abandoned on any highway within the City where stopping, standing or parking is prohibited. D. When any vehicle is disabled and rendered inoperable for any reason upon a public highway or right-of-way. E. When any vehicle is parked on private property without the consent of the owner of such property. F. When the driver of such vehicle has been arrested and taken into custody and the vehicle must be removed from the public highway or from private property other than the driver's, or when the vehicle must be removed to ensure the safety of the vehicle and its contents. 454-13. Authorization to tow required. No towing company shall be allowed to tow vehicles on behalf of the City of Buffalo unless and until it has been approved by the Department of Permit and Inspection Services and the Police Department as an authorized City tower in accordance with this chapter. The Division of Parking Enforcement may also contract with towing companies as needed to further the duties of the Division. 454-14. Duties of Department of Permit and Inspection Services. The Department of Permit and Inspection Services is hereby authorized to: A. Receive and review any and all applications filed with the City by towing companies for permission to be designated as authorized City towers. B. Solicit the input of the Police Department as to which towing companies should be designated as authorized City towers. C. Determine, in cooperation with the Division of Parking Enforcement, the policy and procedure for all items pertaining to the towing of vehicles on behalf of the City of Buffalo which are not addressed in other sections of this chapter. 454-15. Application for letter of authorization. A. An application for a letter of authorization shall be made upon forms made available by the Department of Permit and Inspection Services. Such application shall include the following information: (1) The name, address and telephone number of the business. (2) The name of the owner of the business, his address and telephone number. (3) The name, address and telephone number of the contact person at the business. (4) The location and size of the storage area, along with the location and size of any alternate or additional storage areas. Page 74 01-0501.txt (5) The hours the storage area is supervised. (6) The height and type of construction of fence surrounding the storage area. (7) A description of the trucks and the owners' names (including year, make, model, vehicle identification number and New York State registration number). (8) The number and types of trucks available for towing. (9) The number, names, addresses and dates of birth of drivers available for tow trucks. (10) The flatbeds available (11) The dollies available. (12) A certificate of insurance for liability/property/personal injury damage showing thereon limits of insurance, as prescribed by the Corporation Counsel. (13)Visa Card and MasterCard contracts (copies). (14) References. (15) resume of business/towing experience and training. (16) Permission for the Buffalo Police Department to conduct a fingerprint criminal history record investigation of the owner(s) and driver(s). Waivers will be signed by each owner and driver. Such fingerprints will be forwarded to the Division of Criminal Justice Services (DC JS) along with the appropriate processing fee. All processing fees are to be paid by the applicant and the only authorized method of payment will be a United States Postal or American Express money order made out to the Division of Criminal Justice Services. Authorization as a City tower may not be granted to an owner or driver convicted of any felony, any offense relating to the theft or dismantling of motor vehicles, insurance fraud or sex offenses, or any series of convictions for traffic offenses that would indicate a pattern of disregard for vehicle safety. (17) Permission shall be granted by the applicant for an unannounced on-site inspection of the applicant's premises by the Police Department. (18) An affidavit attesting that either the applicant has no criminal background or the applicant's complete criminal history has been disclosed to the Department of Permit and Inspection Services. B. Term of letter of authorization. (1) If a towing company is designated as an authorized City tower, such firm will be issued a letter of authorization, which will expire [one (1) year] two (2) years from [the date of issuance] the first day of April in the year in which it was issued. Reissuance of such letter of authorization will be based on the past performance of said towing company and on continued compliance with all the provisions of this chapter. (2) The letter of authorization represents an agreement to provide towing service to the City of Buffalo for [one (1) year] two (2) years. The Department of Permit and Inspection Services may renew this letter [annually] biennially without requiring a new application, or may decline to renew the letter of authorization at the Director's discretion based on complaints about the towing company, noncompliance with this chapter or the desire to reduce the number of authorized City towers. (3) Nothing in this chapter shall prohibit a towing company from reapplying for designation as an authorized City tower. C. In the event any of the information required by the application should change, the applicant must notify the Department of Permit and Inspection Services and advise them of such change. It is the responsibility of the towing company to keep all information on file up to date. 454-16. License and registration fee. A. To qualify as an authorized City tower, each [towing company] tow truck shall remit a biennial license fee of fifty-two dollars and fifty cents ($52.50) to the City per zone. Page 75 01-0501.txt B. Prior to approval or reissuance of a letter of authorization, an authorized City tower shall remit a biennial registration fee of one thousand dollars ($ 1,000. 00) to the City per zone. C. The letter of authorization shall not be transferable and the registration fee shall not be prorated. D. The registration fee shall be due upon issuance or reissuance of the letter of authorization and shall expire on the second April I following the date of issuance. 454-17.Minimum requirements for designation as authorized City tower. A. A towing company must meet the following minimum requirements before it will be considered as an authorized City tower: (1) The applicant's towing company, tow trucks and drivers must be equipped and licensed in accordance with this chapter. (2) All of the requirements of this chapter must be successfully met, an approved application must be received and all information and data contained therein must be verified by the Department of Permit and Inspection Services. (3) The proper and necessary insurance certificates must be obtained and submitted to the Department of Permit and Inspection Services. (4) The applicant must own or lease a facility that complies with the provision of 454-19 of this chapter. (5) The facility and property must be at a location that is zoned properly for such type of business and must comply with all laws of the City, the County of Erie and the State of New York. B. An authorized City tower must also meet the following requirements: (1) The City tower must provide rapid service, which means the tower must respond within thirty (30) minutes. (2) The City tower must have a storage lot as specified in 454-19 of this chapter. (3) There must be a building or other acceptable office facility on the storage site. (4) The office shall be staffed, at the minimum, at the following times: Mondays through Fridays from 9:00 a.m. to 5:00 p.m., and either Saturdays or Sundays from 9:00 a.m. to 12:00 p.m. The telephone number(s) for twenty-four (24) hour retrieval must be posted in a conspicuous place on the storage site. (5) The City tower must utilize an authorized invoice containing the address, phone numbers and fee schedule of the authorized City tower. (6) The City tower must maintain at least two (2) tow trucks per zone. (7) Vehicles shall be subject to periodic inspection by the Police Department and/or the Department of Permit and Inspection Services. (8) Rates charged shall not exceed the rates set forth in 454-24 of this chapter. (9) The City tower shall be authorized to take vehicles only to a pre-designated area, unless authorized emergency storage is ordered by the Police Department or the Division of' Parking Enforcement, if the owner or operator of such vehicle does not identify an alternate storage location. (10) The towed vehicle must be towed only by the assigned authorized City tower. No surrogates are allowed unless specifically authorized by the Police Department or the: Division of Parking Enforcement. C. An authorized City tower shall as a condition to being designated as an authorized City tower, agree to accept and abide by all of the terms of this chapter. 454-18. Required minimum equipment. Authorized tow trucks shall have the following minimum equipment on board at all times: A. Amber lights, as defined in 375, Subdivision 41(3) of the Vehicle and Traffic Law of the State of New York. Page 76 01-0501.txt B. A carbon dioxide or dry powder fire extinguisher with a minimum capacity of ten (10) pounds. C. One (1) dozen red railroad-type flares thirty (30) minutes. D. A safety chain. E. A shovel. F. A broom. G. A commercially manufactured rigid tow bar with slings or a commercially manufactured wheel lift. H. A dolly with wheels. 1. One (1) pair of chains eight (8) feet in length with J hooks and T hooks attached. J. A tow block (may use a four-foot piece of a wooded four-by-four, if no wheel lift is available). K. Scotch blocks. L. A trailer for motorcycles, all-terrain vehicles, snowmobiles (a flatbed would satisfy this requirement). M. Trucks must be clearly marked with the name, address and telephone number of the towing company in at least two-inch letters on both doors of the truck. N. Work lights directed to the rear of the vehicle to illuminate the area behind the tow truck. 0. If the City requires two-way radio communication, authorized City towers will equip all their trucks at their own expense with designated radio equipment as specified by the [Police] Fire Department. 454-19. Storage of towed vehicles. A. Any vehicle removed by an authorized City tower shall be stored in a lot enclosed by a chain link or stockade fence at least six (6) feet in height. This fence must be maintained in good repair with no breaks or open areas. Vehicles may be stored in an enclosed building in lieu of a fenced lot. B. Exterior lighting of the vehicle storage area shall be required and shall be directed towards the vehicle storage area in a manner that is sufficient to light the entire area to allow all of the vehicles to be clearly seen during the hours of darkness. The lighting must not reflect or glare into adjoining residences or businesses. Lighting must be operational during the hours of darkness and must be kept in good working condition. C. The minimum storage capacity on the actual site of the business must be no less than ten (10) vehicles. The authorized City tower must have alternate temporary storage available to him for additional ten (10) vehicles: such temporary storage must be approved by the Department of Permit and Inspection Services and must be in a fenced and secure area. D. Any actual or suspected tampering with towed vehicles or any theft must be reported to the Police Department within twenty-four (24) hours of the incident. E. The City will assume ownership of all abandoned vehicles pursuant to  1224 of the Vehicle and Traffic Law of the State of New York. F. Upon obtaining ownership of abandoned vehicles said vehicles will be disposed of in accordance with  1224 of the Vehicle and Traffic Law of the State of New York. The tower may be directed to deliver such abandoned vehicles to a designated site. The tower will then be paid for such towing by City voucher. No storage charges will be paid by the City for abandoned vehicles. G. The maximum fees to be paid by the City for any abandoned vehicle impounded and disposed of by the City shall be fifty dollars ($50). H. In no case will the amount paid to the tower exceed the salvage fee or any other payment the City has received, I. Towers must establish contact in a timely manner with the registered Page 77 01-0501.txt owner of a vehicle and inform them where the vehicle is being stored in the event the owner or a responsible party is not Present at the scene of the tow. Information on storage rates should also be conveyed at that time. 454-20. Removal of towed vehicles; records. A. The authorized City tower shall, without delay, report to the Police Department 911 Lieutenant at (716) 851-4549 the removal and disposition of any vehicle removed as provided in this chapter. B. Towers shall keep accurate and orderly records of all vehicles towed, in a manner prescribed by the Division of Parking Enforcement. 454-21. Release of vehicles. The Division of Parking Enforcement will establish procedures and shall disseminate standardized forms to be used for releasing all impounded vehicles. 454-22. Conversion of vehicles to City use. Any vehicle towed pursuant to this chapter or otherwise caused to be towed by the City which shall become an abandoned vehicle may be converted to City use pursuant to  1224, Subdivision 6 of the Vehicle and Traffic Law of the State of New York. 454-23. Tow zones. A. The Police Department is hereby empowered to establish tow zones within sixty (60) days from the effective date of this chapter. These zones should be designed to ensure the best towing coverage, dispatch efficiency, response time and convenience for drivers claiming their vehicles. Once these zones are established, only that tower assigned to that zone will be allowed to tow vehicles within that zone. Authorized City towers will be dispatched from a list designated for that zone on a rotational basis. The Police Department may amend the zones as required by circumstances. B. During any highway emergency, such as snowstorms, floods, etc., the Police Department may suspend the boundary lines of these zones for the purpose of more efficient vehicle removal. The Police Department may not suspend these boundary lines for more than ten (10) consecutive days without authorization from the Common Council. C. The Police Department shall retain the discretion to determine whether a tower is qualified to perform any particular tow at the scene of such tow. 454-24. Rate schedule. Authorized City towers shall not charge more than the following rates for the following respective services: A. Passenger vehicles and light trucks; (1) Standard [two] tow vehicles up to ten thousand pounds $80.00 (2) Flat bed $90.00 (3) Additional fees for labor, recovery and towing (a) Truck and driver hourly rate$75.00 (b) Dolly wheels$25.00 (c) Trailer for motorcycle, ATV/C, snowmobile $20.00 (d) Wincing per one-fourth 1/4hour $20.00 (4) Storage (per day) $20.00 (5) Releasing after 5:00 p.m. weekdays or other than required business hours on Saturday, Sunday and holidays $20.00 454-25. Inspections. A. Storage area and tow trucks. Upon receipt of a properly completed application, the Department of Permit and Inspection Services shall direct the application to be reviewed and an on site inspection of the storage area and tow truck(s) to be conducted by the Division, the Police Department and the Fire Department to determine if the requirements as set forth in this chapter are met. Within a reasonable time after completion of the review and inspection, the Police Page 78 01-0501.txt Department and the Fire Department shall either recommend approval or denial of the application to the Director of Permit and Inspection Services. B. Periodic inspections. The Police Department will make [quarterly] annual on-site inspections of each tower's operating base and storage area. During this inspection, all required records, forms, tow trucks, storage areas, lighting, security, tow truck equipment, etc., is subject to inspection. The Department of Permit and Inspection Services and the Fire Department will also provide inspections to ensure compliance with applicable state and local codes. The result of [this] M inspection will be made part of the towing company's permanent file. C. Compliance. Towers will have fifteen (15) days to bring any deficiency noted during an inspection into compliance with the provisions of this chapter. Failure to do so will be grounds for cancellation of the letter of authorization.  454-26. Monthly audit. An authorized City tower shall provide copies of any receipts to the Department of Pen-nit and Inspection Services on a monthly basis. This will be accomplished by providing the Division with copies of these receipts no later than the fourth day of every month. These receipts shall reflect all towing work done for the Police Department and/or the Division of Parking Enforcement during the previous month.  454-27, Revocation of letter of authorization. An authorized City tower may be removed from service by Police Department and/or the Division of Parking Enforcement via the process of rescinding the letter of authorization prior to the annual expiration date for violating the provisions of the letter of authorization, this chapter or for making materially false statements on the application for a letter of authorization.  454-28. Appeal and hearing. In the event that the Police Department and/or the Division of Parking Enforcement refuses to recommend renewal or revokes or suspends a letter of authorization, the authorized City tower shall have the right to appeal such refusal, revocation or suspension to the Department of Permit and Inspection Services, in accordance with the following provisions: A. Refusal, revocation or suspension of a letter of authorization shall be determined by the Department of Permit and Inspection Services after a hearing held pursuant to the notification procedure listed in Subsections B through D of this section. B. Whenever it shall be provided herein that a hearing shall be held, such hearing shall be held on a date and at a place and hour designated by the Department of Permit and Inspection Services. C. The Department of Pen-nit and Inspection Services shall give notice of any hearing to be held hereunder, stating the name and business address of the authorized City tower concerned, -the subject Matter of the hearing and the date, place and hour designated therefor, by mailing a copy of such notice to the tower concerned at the business address shown upon the most recent application of such tower at least ten (10) days prior to the date of such hearing. D. At any hearing hold for the refusal, revocation, suspension or removal of a tower from a list, such tower shall be entitled to be represented by legal counsel and to present testimony or other evidence in his own behalf, as may be relevant to the subject matter of the hearing.  454-29. Effective dates. This chapter shall become effective on the first day of [April] July 2001.  454-30. Severability. Should any section or provision of this chapter be decided by any court to be unconstitutional or invalid, such decision shall not affect the Page 79 01-0501.txt validity of this chapter as a whole or any part hereof other than the part so decided to be unconstitutional or invalid. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM PASSED AYES - 13 - NOES - 0 NO. 199 BY: MR. GOLOMBEK: INCENTIVE TO DECREASE CONSTRUCTION/REMODELING WORK DONE WITHOUT PROPER PERMIT Whereas: The City of Buffalo requires a permit on any construction/remodeling project in excess of $ 7 5 0. 00, and for any job that includes structural changes to the building. Much of the waste from household construction/remodeling projects is taken by City of Buffalo residents to the South Ogden Transfer Station for disposal. The City of Buffalo charges its residents $55.00/ton for building materials disposed of at the South Ogden Transfer Station; and, Whereas:When utilizing the Transfer Station residents of the City of Buffalo are not required to show a copy of a building permit for the project that generated thewaste building materials. It is likely that much of the waste taken to the transfer Station is generated by illegal projects for which no permit has been issued; and, Whereas:With an incentive to take building materials to the South Ogden Transfer Station the City of Buffalo will not incur the cost of picking them up as part of the weekly two large items or the large trash days that each resident is entitled; and., Whereas:The City of Buffalo would likely see a rise in the number of permits issued on home remodeling projects if there was a benefit to having the permit. Now, Therefore, Be It Resolved: To positively impact the number of projects undertaken without the proper City of Buffalo Building Permit and decrease weekly garbage collection costs this Common Council proposes a discount be given on the cost of disposing building materials at the South Ogden Transfer Station for materials from residential projects the have a proper City of Buffalo permit; and, Be It Finally Resolved: This Honorable Body requests a response on this resolution from the Department of Public Works Parks and Street Sanitation and the Office of Permit and Inspection Services. These responses are to be filed in the City Clerk's office by 2:00 pm May 11, 200 1. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF PERMITS AND INSPECTIONS NO. 200 BY: MESSRS. GOLOMBEK AND BONIFACIO DEDICATE THE NORTH END OF SQUAW ISLAND AS PARKLAND Whereas: The remediation of Squaw Island, north of the Buffalo Sewer Authority complex, is being performed by the City of Buffalo under a pair of Consent Orders with the NYS Department of Environmental Conservation; and Whereas: The remediation program developed under the Consent Orders is designed to allow the use of the site as a passive park; and Whereas: Community organizations such as The North District Waterfront Review Committee Chaired by Joe Kedron and Voice Buffalo represented by Carol Brothers have been strong advocates for turning this former dumpsite into a passive park, complete with wetlands, wildlife habitat and scenic trails; and Page 80 01-0501.txt Whereas: While there have been many grand plans advanced for the use of Squaw Island throughout the City's history, it is the belief of most 'in the community that the proposed park is an ideal use for this picturesque site along the mighty Niagara River; and Whereas: Enormous resources have gone into the park plan so far, including countless hours of community meetings and millions of dollars in public funding spent to remediate the site in a way that is compatible with its use as a park; and Whereas: In order to protect these resources, it would be advisable at this time to dedicate this site as parkland to preclude its consideration for other uses; Now, Therefore, Be It Resolved That: This Common Council hereby dedicates the area north of the Buffalo Sewer Authority plant on Squaw Island as parkland. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, CORPORATION COUNSEL AND THE COMMISSIONER OF PUBLIC WORKS NO. 201 BY: MRS. GRANT: BOND RESOLUTION $7,682,455 BONDS EXPANSION OF ADAM PARKING RAMP ACCOUNT NO. 1404 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $7,682,455 General Improvement Bonds of said City to finance the cost of construction of an addition to the Robert B. Adam Parking Ramp building located at Washington and Eagle Streets, at the maximum cost of $7,682,455. 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 Seven Million Six Hundred Eighty-Two Thousand Four Hundred FiftyFive Dollars ($7,682,455), 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 construction of an addition to the Robert B. Adam Parking Ramp building located at Washington and Eagle Streets, including expansion by three levels adding approximately 554 additional spaces. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $7,682,455 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 Board of Parking, "Expansion of the Robert B. Adam Ramp, 200102" Account No. 1404, 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 $7,682,455. 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) Said building is of at least Class "B" construction, as defined by Page 81 01-0501.txt Section 11.00 a. II (b) of the Law and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12(a)(2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9 of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds, and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Introduced: LAID ON THE TABLE NO. 202 BY: MRS. GRANT: BOND RESOLUTION $13,636,464 BONDS AUGSPURGER PARKING RAMP ADDITION ACCOUNT NO. 1404 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $13,636,464 General Improvement Bonds of said City to finance the cost of the acquisition of land to provide a site and construction thereon of an addition to the Augspurger Parking Ramp, at the estimated maximum cost of $12,223,864. 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 Thirteen Million Six Hundred Thirty-Six Thousand Four Hundred Sixty-Four Dollars ($13,636,464), 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 43 West Huron Street and 352 Pearl Street to collectively provide a site, at the estimated maximum cost of $1,412,600 and (b) the construction on such site of an addition to the Augspurger Parking Ramp, including a new City owned ten level ramp building adjacent and connected to the existing ramp building at the estimated maximum cost of Page 82 01-0501.txt $12,223,864. 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 $13,636,464 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 Board of Parking, "Augspurger Ramp Addition, 2000-01 " Account No. 1404, and shall be used for the purpose specified in Section 1 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 :513,636,464. 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 l(a) hereof for which $1,412,600 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 $13,636,464 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 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 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 (lays after the date of such publication, or (c)such obligations are authorized in violation of the provisions of the constitution. Introduced: LAID ON THE TABLE NO. 203 BY: MRS. GRANT CAPITAL BUDGET AMENDMENT CHANGE TO CAPITAL PROGRAM - 2001 That pursuant to Sec. 20-28 of the Charter and the Certificate of the Page 83 01-0501.txt Mayor and the Comptroller submitted to the Common Council, the Capital Program for the fiscal year 2001 be and the same is hereby amended by changing the following item under the heading: Capital Projects Public Works Kensington/Elmer -Neigh. Playground Dev.$50,000 To: Capital Projects Public Works Kensington/Northumerland Neighborhood Playground Development$50,000 PASSED AYES -13 NOES - 0 NO. 204 BY: MRS. GRANT CAPITAL BUDGET AMENDMENT ADDITION TO CAPITAL PROGRAM 2001 That pursuant to 20-28 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the Capital Program for the -fiscal year 2001 be and the same is hereby amended by adding the following item under the heading: Capital Projects Public Works - Engineering - Neighborhood and Infrastructure improvements in areas proximate to the five (5) proposed neighborhood schools $1,000,000 REFERRED TO THE COMMITTEE OF THE WHOLE NO. 205 BY: MRS. GRANT INCREASED APPROPRIATION FUND BALANCE TRANSFER TO WATER BOARD That, Pursuant to 20-11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Transfer to Water Board, be and the same is hereby increased in the sum of $900,000. FROM: That the comptroller be and hereby is authorized and directed to transfer the sum of $900,000 from the Unreserved Fund Balance 107000960-0397000 to meet this increased appropriation as set forth below: 10700096 - 397000 - General Fund - Unreserved Fund Balance $900,000 To: General Fund 17523008-489191 Transfer to Water Board$900,000 PASSED AYES -13 NOES - 0 NO. 206 BY: MRS. GRANT INCREASED APPROPRIATION DEPARTMENT OF POLICE That, Pursuant to Section 41 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments Department of Police - Office of the Police Commissioner - Printing & Binding, be and the same hereby is increased in the sum of $40,639.23. That, the comptroller be and hereby is authorized and directed to Page 84 01-0501.txt increase the revenue estimate of account: From: 10200030 - 364000 - Department of Police General City Revenue Deposit of Unclaimed Property$40,639.23 To meet the increased appropriation as set forth below: To: 12000006-432004 - Office of the Police Commissioner-Engineering & Tech Svcs$ 2,000 12000006-455000 - Office of the Police Commissioner-Printing & Binding $ 1,187 12001006-456001 - Detective Bureau-Prisoner Transfer$ 452.23 12021005-461002 - Administration & Communication-Contract Vendor Supplies$10,000 12021005-461300 - Administration & Communication-Medical & Veterinary Supplies$ 2,000 12021005-461400 - Administration & Communication-Postage $ 5,000 12021005-464000- Administration & Communication-Periodicals/Training Videos$ 4,000 12021005-467000 - Administration & Communication-Miscellaneous Supplies$ 1,000 12021006-455000 - Administration & Communication-Printing & Duplicating Supplies$ 11000 12021006-480000 - Administration & Communication-Printing & Other Services$101000 12023003-441002 - Building Maintenance-Heating Oil$ 2,000 12023006-442300 - Building Maintenance-Custodial Services $ 2,000 PASSED AYES -13 NOES - 0 NO. 207 BY: MRS. GRANT INCREASED APPROPRIATION RESERVE FOR CAPITAL BUDGET BMHA/HUD SUBSTANCE ABUSE PROGRAM That, Pursuant to 20-11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - BMHA/Hud Substance Abuse Program - Capital Outlay, be and the same hereby is increased in the sum of $8,500. FROM: That the comptroller be and hereby is authorized and directed to transfer the sum of $8,500 from the Reserve for Capital Budget 10700096-397200 to meet this increased appropriation as set forth below: 10700096 - 397200 - General Fund - Reserve for Capital Budget $8,500 TO: 15506007-474200 - BMHA/Hud Substance Abuse Program - Vehicles $8,500 PASSED AYES -13 NOES - 0 NO. 208 BY: MRS. GRANT TRANSFER OF FUNDS COMPTROLLER That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $5,800 be and the same is hereby transferred from the Division of Audit and said sum is hereby reappropriated as set forth below: From: Page 85 01-0501.txt 10442001-411001 Division of Audit - Personal Services - Salaries $5,800 To: 10441006-432001 Comptroller - Auditing Services$5,800 PASSED AYES -13 NOES - 0 NO. 209 BY: MRS. GRANT TRANSFER OF FUNDS DIVISION OF ENGINEERING STREET CLEANING & SNOW REMOVAL That pursuant to section 42 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $313,801.38 be and the same is hereby transferred from the Division of Engineering and said sum is hereby reappropriated as set forth below: From: 13100006-480000 Public Works, Parks & Streets - Division of Engineering Other Services $313,801.38 To: 15030005-461106 - Public Works, Parks & Streets - Street Cleaning & Snow Removal - Sand & Salt$313,801.38 PASSED AYES -13 NOES - 0 NO. 210 BY: MRS. GRANT TRANSFER OF FUNDS COMMON COUNCIL LEGISLATIVE 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 $3,050 be and the same is hereby transferred from the Common Council and said sum is hereby reappropriated as set forth below: From: 10 114004-45 8001 Councilmember # 13 Transportation$ 900 10 114004-45 8002 Councilmember # 13 Meals & Lodging$1,250 10 114004-45 8003 Councilmember # 13 Registration & Membership $900 To: 10102001- 412002 Common Council, Legislative, Hourly Salary $3,050 PASSED AYES -13 NOES - 0 NO. 211 BY: MRS. LOTEMPIO ORDINANCE AMENDMENT CHAPTER 137- CODE ENFORCEMENT The Common Council of the City of Buffalo does hereby ordain as follows: Effective July 1, 2001, that Section 137-7 of Chapter 137 of the Code of the City of Buffalo be amended to read as follows: InitialAdditionalMaximum FinePenaltyPenaltyTotal FINE CLASS B$30.00$30.00$30.00 $90.00 Leaving city-provided receptacle or tote in the street, curbline or public place after twelve (12) hours after time of weekly public collection,  216-14 Page 86 01-0501.txt Placing more than two pieces of bulk solid waste or trash for a weekly public collection, 216-15 Property with city-provided receptacle or tote with overflowing solid waste or additional bags or containers of solid waste,  21645 Failure to use city-provided receptacle or tote or improperly identified solid waste collector's receptacle,  216-15 Placing construction/demolition debris or fill in city-provided receptacle or tote for public collection,  216-15 Placing commercial user's solid waste for public collection where user has no contract with the city,  216-15 InitialAdditional Maximum FinePenaltyPenaltyTotal FINE CLASS D$75.00$75.00$75.00 $225.00 Placing more than 50 pounds in city-provided receptacle or tote,  216-15 InitialAdditionalMaximum FinePenaltyPenaltyTotal FINE CLASS H$350.00$350.00$350.00 $1,050.00 [Excessive amounts of bulk trash; unbundled trash,  216-15 and  341-1 through 341-41 Placement of bulk trash in excess of 4 cubic yards (12 feet long, 3 feet higL-3 feet wide), unbundled trash A  216-15 and  341-1 through 341 Note: Matter underlined is new and matter to be deleted is in brackets. MBR:DRH REFERRED TO THE COMMITTEE OF THE WHOLE NO. 212 BY: MRS. LOTEMPIO ORDINANCE AMENDMENT CHAPTER 175 - FEES The Common Council of the City of Buffalo does hereby ordain as follows read as follows: That Chapter 216 of Chapter 175, Fees, of the Code of the City of Buffalo be amended to  216-55, residential user fees [RV Vacant lots] [$95.05] [RI Single] [$119.12] [R2 Double] [$154.32] [R3 Triple] [$156.90] [R8 2 houses on I lot] [$158.46] Fixed Cost$70.98 PLUS Variable Cost 35 gallon tote$17.14 65 gallon tote$28.42 95 gallon tote$33.24 Late charge, per quarter Annual Fee$5.00 NOTE:Matter in brackets [ ] to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 213 BY: MRS. LOTEMPIO ORDINANCE AMENDMENT CHAPTER 216 - GARBAGE, RUBBISH AND REFUSE The Common Council of the City of Buffalo does hereby ordain as follows: Effective July 1, 2001, that Section 216-14 of Chapter 216 the Code of the City of Buffalo be amended to read as follows:  216-14.Placement of material for collection; penalties for Page 87 01-0501.txt offenses. No person shall deposit or leave or cause or allow any agents, subordinates, occupants or employees to deposit or leave in any public street, curbline or public place any solid waste, unless the same is in proper receptacles, no earlier than 7:00 p.m. on the evening prior to the day of the regular collection as provided. All City issued receptacles shall be removed from the street curbline or public place following public collection and shall not be left in the street curbline or public place twelve (12) hours after the time of collection on the day of regular collection. B.Any person violating the provisions of this section may be liable, in addition to the penalties established in Chapter 137, Code Enforcement, Article 1, of this Code. NOTE: Matter in brackets to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 214 BY: MRS. LOTEMPIO RE: ORDINANCE AMENDMENT CHAPTER 216 - GARBAGE, RUBBISH AND REFUSE The Common Council of the City of Buffalo does hereby ordain as follows: Effective July 1, 2001, that Section 216-15 of Chapter 216 the Code of the City of Buffalo be amended to read as follows:  216-15. Rules and regulations. A.The Commissioner shall designate days for the removal of solid waste from the several streets of the city, and on those days it shall be lawful for any person to place at the curbline in front of the premises occupied by him all solid waste collected from the lot owned or occupied by him in receptacles or plastic bags properly closed with a twist tie or string. The Commissioner is authorized to adopt rules and regulations for receptacles to provide for uniform types of receptacles. All owners shall assure that occupants comply with this requirement. B.All refuse offered for collection shall be divided into two (2) classes, as follows: (1)Class 1: combustible material. Such material may be placed in a receptacle with the garbage, such receptacle being covered by a properly fitted cover. (2)Class 2: incombustible material. Such material shall not be placed in the same receptacles with combustible material and garbage. C.Refuse of each of the two (2) classes above specified shall be kept in separate receptacles and not in any case mixed with refuse of any other class. The city, from time to time, may issue to residential and commercial users receptacles for public collection, including 95 gallon and other volume containers, for semi-automated or automated collection methods. The residential or commercial user shall use the receptacle furnished by the city and use it pursuant to this Chapter and the regulations of the Commissioner. Commercial users using a duly licensed solid waste collector other than the city shall use receptacles marked in such a wqy to identify the solid waste collector being utilized. If a residential or commercial user is issued a city receptacle, that user will be allowed to place up to only those receptacle(s) provided, appropriate recycling containers (including containers for vegetative yard waste), and up to two pieces of bulk solid waste or trash for each weekly collection, provided the user follows the rules and regulations of the Commissioner and this Chapter for proper depositing and collection of solid waste. These receptacles can not overflow, be heavier than [50] L5 pounds., and must be tightly closed, consistent with  216-8 of this Chapter, with no solid waste placed on Page 88 01-0501.txt top of, next to, or around these receptacles. Construction/demolition debris or fill may not be placed within these receptacles for public collection and disposal. The Commissioner shall promulgate rules and regulations for the use and collection from these receptacles. Receptacles furnished by the city to residential or commercial users are property of the city. No other receptacle in which refuse is offered for public collection other than receptacles permitted by the rules and regulations promulgated by the Commissioner shall be of greater capacity than 35 gallons, nor shall such receptacles, including the contents thereof be of greater weight than [50175 pounds. D. Solid waste consisting of empty boxes, crates, cartons and other unwieldy objects shall be broken up and bundled into compact bundles no longer than four feet, and no heavier than 50 pounds. E. (Reserved.) F.The billing for solid waste user fees is subject to service review by the Commissioner, pursuant to the rules and regulations of the Commissioner. Pursuant to such rules and regulations, the Commissioner may waive such interest which may accrue on the disputed amounts of bills where the amount in dispute is under $50. In the event a user fee bill is referred to a collection. agency, the collection agency's charges shall be added to the fees with interest due and owing. with persons from whom any additional or extra solid waste is to be collected and from whom charges are to be received as provided by the schedule of charges set out in Chapter 175, Fees. If a residential or commercial user requests additional receptacles issued by the city under paragraph C of this section, adjustments will be made to the fee charged for the increased service rendered to that user. H.The method of receiving of such payments and the record and audit thereof shall be as ordered and directed by the City Comptroller. All moneys received shall be paid into a solid waste enterprise fund. I.Solid waste of a combustible nature which shall be delivered by a residential or commercial user, except solid waste collectors, shall, under the direction and control of the Commissioner of Public Works, be received and disposed of at the city disposal plant upon payment by the user delivering same at the rate as provided in Chapter 175, Fees; and further provided that the Commissioner of Public Works may, before accepting such solid waste, require evidence that the source of such solid waste was generated within the City of Buffalo. J.Solid waste collectors holding a city license under Chapter 263, Licenses, of this Code will be charged at the rate as provided in Chapter 175, Fees. K.Solid waste originating in the city, if of a proper classification for dumping at a city disposal plant, shall, under the direction and control of the Commissioner of Public Works, be received and disposed of at city disposal plants upon payment to the city by the person delivering the same, if other than a city department or agency, at the rate as provided in Chapter 175, Fees; and further provided that the Commissioner of Public Works may, before accepting such solid waste, require evidence that the source of such solid waste was within the City of Buffalo. L.All employees of the Department engaged in collecting solid waste shall report each and every violation of this section to the Commissioner. M. Any person violating the provisions of this section may be liable, in addition to the general penalties, to the penalties established in Chapter 137, Code Enforcement, Article 1, of this Code. NOTE: Matter in brackets to be deleted; matter underlined is. new. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 215 Page 89 01-0501.txt BY: MRS. LOTEMPIO RE: ORDINANCE AMENDMENT CHAPTER 263 -LICENSES The Common Council of the City of Buffalo does hereby ordain as follows: Effective July 1, 200 1, that Section 263 -26 of Chapter 263 of the Code of the City of Buffalo be amended to read as follows:  263-26. Collection permit required; application; issuance. No person shall remove or cause to be removed any of the contents of any receptacle placed in or outside of a building for collection, nor shall any person collect or perform the duties of a solid waste collector, or convey, carry or transport any solid waste through, over or along any of the streets of the City of Buffalo as long as the City of Buffalo is collecting such solid waste in the City, except as follows: A. Any person who is the holder of a permit duly issued by the Efie County Health Department, pursuant to the provisions of Article VIII of the Sanitary Code of Erie County, may apply in writing to the Common Council for its approval to operate a disposal service for the collection of solid waste originating in the City of Buffalo. Such approval shall be subject to the following conditions and requirements (1)The written consent of the Commissioner of [Street Sanitation] Public Works, Parks and Streets (or his or her deputy). (2)That the applicant shall observe all the sanitary requirements as prescribed by the health ordinances of the City of Buffalo, all other applicable ordinances of the City of Buffalo and any regulations of the Department of Health of Erie County now or hereafter in effect. (3)That the Commissioner of [Street Sanitation] Public Works, Parks and Streets (or his or her deputy shall have the power to impose such conditions or restrictions regarding said disposal service as he or she may deem necessary and may from time to time change such conditions, restrictions or regulations and may, in his or her discretion, revoke the permit granted pursuant to this Article at any time. (4)That the applicant shall provide to the Division of Streets of the Department of [Street Sanitation] Public Works, Parks and Streets a list of commercial users within the City the applicant has contract to service, with updating of the list of such contractees annually. The applicant shall disclose within five (5) days of the commencement or termination of any of its contracts the commercial users to be serviced or to be no longer serviced under contract with the applicant. Disclosure by an applicant of the identity of the serviced commercial users shall be deemed to be disclosure of trade secrets or information derived from a commercial enterprise disclosure of which would cause substantial injury to the competitive position of the subject enterprise for purposes of Article 6 of the New York State Public Officer Law (the Freedom of information Law) and the federal Freedom of Information Act, 5 U.S.C.  552. Failure to provide this information to the Department may result in the revocation of the permit granted pursuant to this Article. (5) , The applicant shall furnish receptacles which clearly identify 4pplicant as the entity servicing a commercial user. B.Issuance of permit. (1)If the application is approved by the Common Council, the Commissioner of [Street Sanitation] Public Works, Parks and Streets shall issue to the applicant a permit to operate said collection and disposal services in such form as the Commissioner of [Street Sanitation] Public Works,Parks and Streets may prescribe and subject to any conditions in reference thereto imposed by the Common Council. (2)The permit fee to be paid pursuant to this section shall be as provided in Chapter 175, Fees, of this Code. Page 90 01-0501.txt (3)No permit issued pursuant to this Article shall be transferable. NOTE: Matter in brackets to be deleted; matter underlined is new. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 216 BY MRS. LOTEMPIO DISABILITY EXEMPTION Whereas The following change to Real Property Tax Law 459-c, Disability Exemptions, has been enacted by the State of New York effective with taxable status datesbeginning on and after January 1, 2001: Increase the maximum income ceiling for purposes of qualifying for the 50% level of disability exemption from "less than $19,500" to "less than $20,500." Whereas This increase will also affect the "sliding scale" option previously adopted by the City of Buffalo, raising the maximum income allowed to qualify for a disability exemption from less than $27,900" to "less than $28,900." Whereas The Department of Assessment and Taxation recommends that the new basic 50% exemption level of $20,500 be adopted. In the event that your Honorable body adopts this change as outlined, the disability exemption granted to eligible disabled citizens will be based on the following income schedule for the 2001/2002 fiscal year tax roll: Proposed for Fiscal Year 2001/2002: (less than) 50% $20,500 45% $21,500 40% $22,500 35% $23,500 30%$24,400 25% $25,300 20% $26,200 15% $27,100 10% $28,000 5%$28,900 Mrs. LoTempio moved: That the above communication from the Department of Assessment and Taxation dated April 18, 2001, be received and filed; and That the City of Buffalo does hereby adopt the new basic 50% disability exemption level of $20,500 pursuant to Real Property Tax Law Section 467 for the 2001/2002 fiscal year. Now, therefore, be it resolved that the above communication from the Department of Assessment and Taxation dated April 18, 2001, be received and filed and Be it further resolved that the City of Buffalo does hereby adopt the new basic 50% disability exemption level of $20,500 pursuant to Real Property Tax Law Section 467 for the 2001/2002 fiscal year. PASSED AYES -13 NOES - 0 NO. 217 BY. MS. LOTEMPIO EXEMPTION FOR PARENT OR GRANDPARENT LIVING QUARTERS Whereas pursuant to Section 469, Assessment exemption for living quarters for parent or grandparent, was added to the Real Property Tax Law in L.2000, c. 377, $ 2, eff. Aug, 30, 2000.) and Whereas a county, city, town, village or school district acting through its local legislative body is hereby authorized and empowered to adopt and amend local laws, or resolutions in the case of school districts, to provide for an exemption from taxation to the extent of any increase in assessed value of residential property resulting from the construction or reconstruction of such property for the purpose of providing living Page 91 01-0501.txt quarters for a parent or grandparent, who is sixty-two years of age or older. Such exemption shall not exceed (a) the increase in assessed value resulting from construction or reconstruction of such property, or (b) twenty percent of the total assessed value of such property as improved, or (c) twenty percent of the median sale price of residential property as reported in the most recent sales statistical summary published by the state board for the county in which the property is located, whichever is less and, Whereas no such exemption shall be granted unless: (a) The property is within the geographical area in which such construction or reconstruction is permitted; and (b) The residential property so constructed or reconstructed is the principal place of residence of the owner and Whereas such exemption shall be applicable only to construction or reconstruction which occurred subsequent to the effective date of this section and shall only apply during taxable years during which at least one such parent or grandparent maintains a primary place of residence in such living quarters and Whereas such exemption from taxation shall be granted upon an application made annually, upon a form to be promulgated by the state board, by the owner of such property to the assessor of the city, town, village or county having the power to assess property for taxation on or before the appropriate taxable status date of such city, town, village or county. if the assessor is satisfied that -the property is entitled to an exemption pursuant to this section, he shall approve the application and such residential improvements shall be exempt from taxation and special ad valorem levies as provided in this section and, Whereas for the purposes of this section, the term "parent or grandparent" shall be deemed to include the natural or adopted grandparents and parents of the owner or the SPOUSE! of the owner and, Whereas any conviction of having made any willful false statement in the application for such exemption shall result in the revocation thereof, be punishable by a civil penalty of not more than one hundred dollars and shall disqualify the applicant or applicants from further exemption for a period of five years. NOW, THEREFORE, be it RESOLVED that the City of Buffalo does hereby adopt the provisions as set forth in this local option to become effective with the Tax Roll for the City of Buffalo for Fiscal Year 2002/2003. All terms and definitions of Section 469 shall be applicable to this local law. The Department of Assessment and Taxation recommends that this amendment to Real Property Tax Law 469 be adopted as outlined above. REFERRED TO THE COMMITTEE ON FINANCE AND CORPORATION COUNSEL NO. 218 BY MRS. LOTEMPIO SENIOR CITIZEN EXEMPTION Whereas The following change to Real Property Tax Law 467, Senior Citizen Exemptions, has been enacted by the State of New York effective with taxable status dates beginning on and after January 1, 2001: Whereas Increase the maximum income ceiling for purposes of qualifying for the 50% level of senior citizens exemption from "less than $19,500" to "less than $20,500," Whereas This increase will also affect the "sliding scale" option previously adopted by the City of Buffalo, raising the maximum income allowed to qualify for a senior citizen exemption from "less than $27,900" to "less than $28,900." Whereas If your Honorable body adopts the authorized changes, it is estimated that the financial impact to the city of Buffalo will be a total Page 92 01-0501.txt of approximately $68,200 loss of revenue. This Department's financial impact forecast is based upon assumptions made in a review of previous year's senior citizen exemption applications. Whereas The Department of Assessment and Taxation recommends that the new basic 50% exemption level of $20,500 be adopted. In the event that your Honorable body adopts this change as outlined, the senior citizen exemption granted to eligible senior citizens will be based on the following income schedule for the 2001/2002 fiscal year tax roll: Proposed for Fiscal Year 2001/2002: (less than) 50% $20,500 45%$21,500 40% $22,500 35% $23,500 30%$24,400 25%$25,300 20%$26,200 15%$27,100 10%$28,000 5%$28,900 Now, therefore, be it resolved That/the above communication from the Department of Assessment and Taxation dated April 18, 2001, be received and filed; and That the City of Buffalo does hereby adopt the new basic 50% senior citizen exemption level of $20,500 pursuant to Real Property Tax Law Section 467 for the 2001/2002 fiscal year. PASSED AYES -13 NOES - 0 NO. 219 BY MRS. LOTEMPIO VETERAN; ALTERNATIVE EXEMPTION WHEREAS Real Property Tax Law 458-a, Veteran; alternative exemption (as amended L.2000, c.144, 2, eff. July 11, 2000, c.326, 1, eff. Aug. 23, 2000) has been amended by the State of New York to include "Gold Star Parent" as a "Qualified Owner" of real property, and WHEREAS, as used in this subdivision, "Gold Star Parent" shall mean the parent of a child who died in the line of duty while serving in the United States armed forces during a period of war, and WHEREAS, a county, city, town, or village may adopt a local law to include a Gold Star Parent within the definition of "qualified owner," as provided in paragraph (c) of subdivision 1 of this section, and to include property owned by a Gold Star Parent within the definition of "qualifying residential real property" as provided in paragraph (d) of subdivision one of this section, provided that such property shall be the primary residence of -the Gold Star Parent, and WHEREAS, the additional exemption provided for in paragraph (c) of subdivision two of this section shall not apply to real property owned by a Gold Star Parent. NOW, THEREFORE, be it RESOLVED that the City of Buffalo does hereby adopt the provisions as set forth in this local option to become effective with the Tax Roll for the City of Buffalo for Fiscal Year 2002/2003. All terms and definitions of Section 458-a shall be applicable to this local law. Be it finally resolved that The Department of Assessment and Taxation recommends that this amendment to Real Property Tax Law 458-a be adopted as outlined above. Be it further resolved that the above communication from the Department of Assessment and Taxation dated April 18, 2001, be received and filed; and Be it finally resolved that the City of Buffalo does hereby adopt the provisions as set forth in this local option as listed above to become Page 93 01-0501.txt effective with the Tax Roll for the City of Buffalo for Fiscal Year 2002/2003 and that the Corporation Counsel be, and he hereby is authorized to prepare a local law to enact these provisions; and PASSED AYES -13 NOES - 0 NO. 220 BY: COUNCILMEMBER MARY MARTINO AND ALL COUNCILMEMBERS ANTI-LOITERING LAW Whereas:As a community effort to regain control of the neighborhoods in the City of Buffalo, it is requested that a committee be established to determine the feasibility of implementing a new ordinance that would deter loitering; and Whereas:The City of Chicago, IL has implemented ordinance #84-015 Gang Loitering under Title 8- Offenses Affecting Public Peace, Morals and Welfare, Chapter 8-4 Public Peace and Welfare; with great success. This ordinance calls for the Commissioner of Police by written directive, to designate areas of the city in which the Commissioner has determined that enforcement of this ordinance is necessary because gang loitering has enabled criminal street gangs to establish control over identifiable areas, to intimidate others from entering -those areas or to conceal illegal activities; and Whereas:Prior to making the designation of problem areas, the Commissioner shall consul as he or she deems appropriate with persons who are knowledgeable about the effects of gang activity in areas in which the ordinance may be enforced. Such persons may include, but need not be limited to, members of the department of police with special training or experience related criminal street gangs, other personnel of that department with particular knowledge of gang activities in the proposed designated area; elected and appointed officials of the area and community based organizations; and Whereas:The Commissioner of Police shall develop and implement procedures for theperiodic review and update of designations made under this ordinance; and Now, Therefore, Be It Resolved: That the City of Buffalo Common Council does hereby form a committee to review the implementation of an anti-loitering law; and Be It Further Resolved: That the committee consist of representatives from the City of Buffalo Common Council, City Court Judges Amadeo and Russell, Corporation Counsel, Buffalo Police Department, Police Benevolent Association, Save our Streets and Captain Smith of the Flex Team. REFERRED TO THE COUNCIL PRESIDENT NO. 221 BY: MRS. MARTINO UNION SHIP CANAL Whereas: Resolution authorizing, the items listed below pursuant to the Clean Water/ Clean aIr Bond Act of 1996, and Whereas-The City of Buffalo herein called the "Municipality," after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in Its application and attachments, herein called the "Project," is desirable, is in the public interest., and is required in order to implement the, Project, and Whereas:Whereas, Article 56 of the Environmental Conservation Law authorizes State assistance to municipalities for environmental restoration projects by means of a contract and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith. Now, Therefore, Be It Resolved: The City of Buffalo Mayor Anthony M. Masiello be the representative Page 94 01-0501.txt authorized to act in behalf of the Municipality in all matters related to State assistance under ECL Article 56, Title 5. The representative is also authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Municipality's governing body in all matters related to the Project and to the State Assistance; and Be It Further Resolved: That the Municipality agrees that it will fund its portion of the cost of the Project and that funds will be available to initiate the Project's field work within twelve (12) months of written approval of its application by the Department of Environmental Conservation.- and Be It Further Resolved: That one ( 1) certified copy of this Authorization be prepared and sent to the Albany office of the New York State Department of Environmental Conservation together with the Application for State Assistance; and Be It Finally Resolved: That this Authorization take effect immediately. PASSED AYES -13 NOES - 0 NO. 222 BY: MRS. MARTINO WAIVE THE PARADE PERMIT FEE FOR ST. TERESA'S COMEBACK RUN Whereas St. Teresa's Catholic Church at 1974 Seneca Street with be sponsoring its Comeback Run on Wednesday June 27, 2001 - and Whereas: This is the 12"' annual Comeback Run and is a major fund raise for St. Teresa's Parish. The proceeds from this years even will off-set costs associated with replacing the roof on the elementary school, and Whereas: The organizers of this event will coordinate with the police for supervision at intersections deemed critical by Buffalo Police Traffic personnel. Now, Therefore, Be It Resolved- That the Common Council of the City of Buffalo waives the fees associated with the Parade Permit for St. Teresa's Comeback Run on June 27, 2001, and Be It Further Resolved: That the organizers of this event comply with all requirements of the Permit Department and the Corporations Counsel, and that no existing laws are violated PASSED AYES - 13 - NOES - 0 NO. 223 BY: MR. PITTS RE: ORDINANCE AMENDMENT CHAPTER 440 - TELECOMMUNICATIONS The Common Council of the City of Buffalo does hereby ordain as follows: That a new Chapter 440 be added to the Code of the City of Buffalo to read as follows: Chapter 440 - Telecommunications Sec. 440-1 Purpose and intent The purpose and intent of this Chapter is to: A. establish a local policy concerning telecommunication providers with telecommunications facilities in the City's Right-Of-Way, recognizing that the Right-Of-Way represents real estate property rights of substantial economic value to the City; B. establish clear local guidelines and standards for the exercise of local authority with respect to telecommunications providers pursuant to state and local law, including Section 501 of the Buffalo City Charter Page 95 01-0501.txt and Chapter 105 of the Laws of 1891 and Chapter 217 of the Laws of 1914 while recognizing State and Federal regulations in this area; C. permit and manage access to the Right-Of-Way of the City and, to the extent required by law, to ensure fair and reasonable compensation from telecommunication providers on a competitively neutral and nondiscriminatory basis for the use of the Right-Of-Way; D.assure that the City can continue to fairly and responsibly protect the public health, safety and welfare with respect to the City's management of the Right-Of Way, and minimize inconvenience and disruption to the public in connection with the use of its Right-Of-Way by and for telecommunications providers; E. enable the City to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition and technological development. Sec. 440-2 Definitions AFFILIATE - A person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with another person. COMMISSIONER - The Commissioner of Public Works, Parks and Streets or his or her designee. CONTROL - Actual working control in whatever manner exercised, including, without limitation, working control through ownership, management, debt instruments or negative control, as the case may be. PERSON - Corporations, companies, associations, joint stock companies or associations, firms, partnerships, individuals, limited liability companies and their lessors, trustees and receivers. RIGHT-OF-WAY - The surface of, as well as the spaces above and below, highways, roads, streets, alleys, sidewalks, skyways, public ways, utility easements and public easements in the City of Buffalo, and any other property within the City to the extent to which there exist, now or hereafter, public easements or public rights of way. (4) the specific trees, structures, improvements, facilities and obstructions, if any, within the Right-Of-Way that applicant proposes to temporarily or permanently remove or relocate. D. If applicant is proposing to install overhead facilities within the Right-Of-Way, evidence that surplus space is available for locating its Telecommunications Facilities on existing utility poles along the proposed route. E. If applicant is proposing an underground installation in existing ducts or conduits within the Right-Of-Way, information in sufficient detail to identify: (1) the excess capacity currently available in such ducts or conduits before installation of applicant's telecommunications facilities; (2) the excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's telecommunications facilities. F. If applicant is proposing an underground installation within new ducts or conduits to be constructed within the Right-Of-Way; (1) the location proposed for the new ducts or conduits; (2) the excess capacity that will exist in such ducts or conduits after installation of applicant's telecommunications facilities. G. A preliminary construction schedule and completion dates. H. A preliminary traffic control plan. 1. To the maximum extent not prohibited by law, financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the telecommunications facilities within the Right-Of-Way in a safe manner and in accordance with the City's Right-Of-Way management policies, rules and regulations. J. To the maximum extent not prohibited by law, information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the telecommunications facilities to be installed within the Right-Of Way for purposes of determining Page 96 01-0501.txt whether the applicant will construct, maintain, relocate and remove the facilities in compliance with the City's policies, rules, and regulations with respect to the Right of Way and in a manner protective of the public health, safety and welfare. K. For purposes of determining whether applicant is entitled to treatment as a provider of telecommunications services under 47 U.S.C.  253, information to establish that the applicant has obtained all applicable governmental licenses, approvals and pen-nits including those required by the New York State Public Service Commission and the Federal Communications Commission, to construct and operate the Telecommunications Facilities and to offer or provide the telecommunications services, L. Whether the applicant intends to provide cable service or other video programming service, and sufficient information to detennine whether such service is subject to cable franchising or other appropriate regulation. M. For purposes of managing the Right-Of-Way and identifying telecommunications providers subject to this Ordinance, an accurate map showing the location of any existing telecommunications facilities in the City's Right-Of-Way that applicant intends to purchase, own, control, operate, manage or maintain. N.Such other and further information reasonably related to the City's management of the Right-Of-Way or to compliance with this Ordinance as may be reasonably required by the City. Sec. 440-8 Franchise Determination by the City. Within ninety (90) days after receiving a complete application under Section 4407 of this Chapter, unless extended by a City request for additional information, the City shall issue a written determination granting an application that complies with the following standards: A. Demonstration that applicant meets the financial and technical standards set forth in Sec. 440-7 (1) and (J). B. The capacity of the rights-of-way to accommodate the applicant's proposed facilities. C. No unreasonable damage or disruption to facilities, improvements, service, travel or landscaping along the Right-Of-Way if the franchise is granted. D. Use of Right-Of-Way in a manner that does not adversely affect the public health, safety and welfare. E. Use of routes and/or locations for the proposed Telecommunications Facilities reasonably acceptable to the City, based on the City's right to manage the Right-Of-Way. F. Compliance with applicable federal and state telecommunications laws, regulations and policies necessary for the applicant to construct and operate telecommunications facilities and to provide telecommunications services. G. The applicant and the City have agreed on franchise ternis required by Section 440-9. Sec. 440-9 Franchise Right-Of-Way Agreement. Any Franchise granted pursuant to this Chapter shall be by a written Franchise Right-Of-Way Agreement (hereinafter "Franchise Agreement") which shall include, but not be limited to, the following terms and conditions: A. The term of the Franchise Agreement shall be for not less than five (5) years and shall not exceed an initial term of fifteen (15) years, with a maximum of two (2) five (5) year extensions. B. No Franchise granted under this Chapter shall confer any exclusive night, privilege, license or franchise to occupy or use the Right-Of-Way of the City for delivery of telecommunications services or any other purposes. C. The compensation to be paid to the City shall be fair and reasonable and publicly disclosed. D. The Franchise Agreement may be terminated or canceled by the City in the event of the franchisee's failure to comply with the material Page 97 01-0501.txt terms and conditions of the Franchise Agreement. E. A security fund, bond, parent guaranty or other security shall be established to ensure the performance of the franchise's obligations under the Franchise Agreement and to protect the Right-Of-Way. F. For purposes related to the management of the Right-Of-Way, the City shall have the right to inspect the facilities of the franchisee in the Right Of-Way and to order the relocation of such facilities. G. There shall be adequate insurance and indemnification requirements. H. All franchisees shall be required to maintain complete and accurate books of account and records with respect to the obligations of the franchisees under the Franchise Agreement, which books and records shall be made available on demand to the City for inspection. I. There shall be provisions to ensure quality workmanship and construction methods in the Right-Of-Way. J. There shall be provisions requiring the franchisee to comply with City laws, regulations and policies related to, but not limited to, employment, purchasing and investigations, to the maximum extent not prohibited by applicable law. K. There shall be provisions to ensure adequate oversight and regulation by the City of a franchisee's use of the Right-Of-Way and compliance with a Franchise Agreement. L. There shall be provisions to restrict the assignment or other transfer of the franchise without the prior written consent of the City. M. There shall be remedies to protect the City's interest in the event of the franchisee's failure to comply with the terms and conditions of the Franchise Agreement. N. All franchisees shall obtain all licenses and pen-nits from and comply with the applicable orders, rules, regulations and directives of the New York State Public Service Commission and the Federal Communications Commission and any other governmental body having jurisdiction over the franchisee, which are required to operate the telecommunications facilities or to provide telecommunications services. 0. There shall be provisions preserving the right of the City to perform public works or public improvements in and around those areas subject to the franchise. P. There shall be provisions requiring the franchisee to protect the property of the City and the delivery of public services from damage or interruption of operation resulting from the construction, operation, maintenance, repair or removal of improvements related to the franchise. Q. There shall be provisions designed to minimize the extent to which the public use of the streets of the city are disrupted in connection with the construction of improvements relating to the franchise. R. Any other provisions reasonably related to the City's management of its Right-Of-Way or right to collect fair and reasonable compensation as may be reasonably requested by the City. Sec.440-10 Reserved Compensation for Public Ways The City explicitly reserves its right to fix a fair and reasonable compensation to be paid for the right to use the Right-Of-Way granted to a Telecommunications Provider pursuant to a license or franchise, provided that such compensation shall be publicly disclosed. Nothing in this Chapter shall prohibit the City and a grantee from agreeing to the compensation to be paid for the granted rights, provided such compensation shall be publicly disclosed. Such compensation shall be required by the City on a competitively neutral and non-discriminatory basis to the extent required by federal law. Such compensation shall reflect the term of the license or franchise agreement and other aspects of the license or franchise as the City may deem relevant. Sec. 440-11 Telecommunications License A telecommunications license shall be required of any Page 98 01-0501.txt Telecommunications Provider (a) who desires to occupy the Right-Of-Way for the sole purpose of installing telecommunications facilities to provide telecommunications services that do not originate or terminate in the City; or (b) whose use of the Right of Way, including any such use of the Right of Way by affiliates or pursuant to telecommunications licenses previously granted to the applicant and its affiliates, shall not exceed 250 linear feet, A Telecommunications License may only be granted for use of specifically identified locations in the Right-Of-Way. In the event an application for a License would cause a Telecommunications Provider to exceed or fail to comply with the limits specified in this Section 440-11, then such Telecommunications Provider must apply for a Franchise in accordance with the provisions of this Ordinance, and the use of specifically identified locations in the Right-Of-Way pursuant to all previously granted Licenses shall thereafter be pursuant to and in accordance with any such Franchise that may be granted. Sec. 440-12 License Application: Any person that desires a telecommunications license shall file an application with the City which shall include the following information: A. The identity of the license applicant, including all affiliates that Control the applicant or are Controlled by the applicant. B. A description of the Telecommunications Facilities that will be used by the licensee in the Right-Of-Way. C. For purposes of managing the Right-Of-Way and identifying telecommunications providers subject to this Ordinance, preliminary plans, specifications and a network map of the facilities to be located within the City's Right-Of-Way, all in sufficient detail to identify: (1) The location and route requested for applicant's proposed telecommunications facilities. (2) the location of all overhead and underground public utility, telecommunication, cable, water, sewer drainage and other facilities in the Right-Of-Way along the proposed route. (3) the location(s) within the Right-Of-Way, if any, for interconnection with the telecommunications facilities of other telecommunications carriers. (4) the specific trees, structures, improvements, facilities and obstructions, if any, within the Right-Of-Way that applicant proposes to temporarily or permanently remove or relocate. D. If applicant is proposing to install overhead facilities within the Right-Of-Way, evidence that surplus space is available for locating its telecommunicationsmfacilities on existing utility poles along the proposed route. E. If applicant is proposing an underground installation in existing ducts or conduits within the Right-Of-Way, information in sufficient detail to identify: (1) The excess capacity currently available in such ducts or conduits before installation of applicant's telecommunications facilities; (2) The excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's telecommunications facilities. F. If applicant is proposing an underground installation within new ducts or conduits to be constructed within the Right-Of-Way: (1) the location proposed for the new ducts or conduits; (2) the excess capacity that will exist in such ducts or conduits after installation of applicant's telecommunications facilities. G. A preliminary construction schedule and completion date. H A preliminary traffic control plan. I. To the maximum extent not prohibited by law, financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the telecommunications facilities in a safe manner and in accordance with the City's Right-Of-Way management policies, rules and regulations with respect to the facilities. Page 99 01-0501.txt J. To the maximum extent not prohibited by law, information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the telecommunications facilities to be installed in the Right-Of-Way for purposes of determining whether the applicant will construct, maintain, relocate and remove the facilities in compliance with the City's policies, rules, and regulations with respect to the Right of Way and in a manner protective of the public health, safety and welfare. K. For purposes of determining whether applicant is entitled to treatment as a provider of telecommunications services under 47 U.S.C.  253, information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate telecommunications facilities and to offer or provide the telecommunications services. L. All fees, deposits or charges required pursuant to this Chapter. M. Such other and further information reasonably related to the City's management of the Right-Of-Way or to compliance with this Ordinance as may be reasonably required by the City. Sec. 440-13 License Determination By the City Within ninety (90) days after receiving a complete application under Section 440-12 of this Chapter and the written agreement required by Sec. 440-14, unless extended by a City request for additional information, the City shall issue a written determination granting an application that complies with the following standards: A. Demonstration that applicant meets the financial and technical standards set forth in See. 440-12 (1) and (J). B. The capacity of the rights-of-way to accommodate the applicant's proposed facilities. C. No unreasonable damage or disruption to facilities, improvements, service, travel or landscaping along the Right-Of-Way if the license is granted. D. Use of Right-Of-Way in a manner that does not adversely affect the public health, safety and welfare. E. Use of routes and/or locations for the proposed Telecommunications Facilities reasonably acceptable to the City, based on the City's night to manage the Right-Of-Way. F. Compliance with applicable federal and state telecommunications laws regulations and policies necessary for the applicant to construct and operate telecommunications facilities and to provide telecommunications services. G. The applicant and the City have agreed on license terms required by Section 440-14. See. 440-14 License Agreement Any License granted pursuant to this Chapter shall be by a written License Right-Of-Way Agreement (hereinafter "License Agreement") which shall include, but not be limited to, the following terms and conditions: A. No License granted under this Chapter shall confer any exclusive right, privilege, license or franchise to occupy or use the Right-Of-Way of the City for delivery of telecommunications services or any other purposes. B. The compensation to be paid to the City shall be fair and reasonable and publicly disclosed. C. The License Agreement may be terminated or canceled by the City in the event of the licensee's failure to comply with the material ten-ns and conditions of the License Agreement. D. A security fund, bond, parent guaranty or other security shall be established to ensure the performance of the licensee's obligations under the License Agreement and to protect the Right-Of-Way. E. For purposes related to the management of the Right-Of-Way, the City shall have the right to inspect the facilities of the licensee in the Right-Of-Way and to order the relocation of such facilities. F. There shall be adequate insurance and indemnification Page 100 01-0501.txt requirements. G. All licensees shall be required to maintain complete and accurate books of account and records with respect to the obligations of the licensees under the License Agreement, which books and records shall be made available on demand to the City for inspection. H. There shall be provisions to ensure quality workmanship and construction methods in the Right-Of-Way. I. There shall be provisions to ensure adequate oversight and regulation by the City of a licensee's use of the Right-Of-Way and compliance with a License Agreement. J. There shall be provisions to restrict the assignment or other transfer of the license without the prior written consent of the City. K. There shall be remedies to protect the City's interest in the event of the licensee's failure to comply with the terms and conditions of the License Agreement. L. All licensees shall obtain all licenses and permits from and comply with the applicable orders, rules, regulations and directives of the New York State Public Service Commission and the Federal Communications Commission and any other governmental body having jurisdiction over the licensee, which are required to operate the telecommunications facilities or to provide telecommunications services.. M. There shall be provisions preserving the right of the City to perform public works or public improvements in and around those areas subject to the license. N. There shall be provisions requiring the licensee to protect the property of the City and the delivery of public services from damage or interruption of operation resulting from the construction, operation, maintenance, repair or removal of improvements related to the license. 0. There shall be provisions designed to minimize the extent to which the public use of the streets of the city are disrupted in connection with the construction of improvements relating to the license. P. Any other provisions reasonably related to the City's management of its Right-Of-Way or right to collect fair and reasonable compensation as may be reasonably requested by the City, Sec. 440-15 Permit Fees All Telecommunications Providers that seek to place Telecommunications Facilities within the Right-Of-Way shall pay all applicable permit fees as required by the City, which fees shall be in addition to any construction fees, compensation or other fees that the City may impose pursuant to this Ordinance. The permit fees shall serve to partially offset the direct and indirect costs incurred by the City in overseeing, regulating, managing, constructing, maintaining and repairing the Right-Of-Way. Sec. 440-16 Cable Franchise Fees Nothing in this Chapter shall preclude the City from requiring a cable franchise fee from a cable operator or open video system operator or from requiring a franchisee fee up to five per cent (5%) of a franchisee's gross revenues from cable services as allowed under Federal law. Sec. 440-17 Regulatory Fees and Compensation Not a Tax The regulatory fees and costs provided for in this Chapter, and any compensation charged and paid for the fights-of-way provided for in this Chapter, are separate from, and additional to, any and all federal, state, local and city taxes as may be levied, imposed or due from a telecommunications provider, its customers or subscribers, or on account of the lease, sale, delivery or transmission of telecommunications services. Sec. 440-18 Conditions of Franchise or License Location of Facilities: All telecommunications facilities in the Right-Of-Way shall be constructed, installed and located in accordance with the following terms and conditions, unless otherwise specified in a license or franchise agreement: Page 101 01-0501.txt A All telecommunications facilities shall meet any applicable zoning ordinances or other applicable ordinances of the City. B. Except to the extent prohibited by law, the City may require a grantee to install its telecommunications facilities within an existing underground duct or conduit whenever excess capacity exists within such utility facility. C. Except to the extent prohibited by law, the City may require a grantee with permission to install overhead facilities to install its telecommunications facilities on pole attachments to existing utility poles only, and then only if surplus space is available. D. Whenever any existing electric utilities, cable facilities or telecommunications facilities are located underground within Right-Of-Way, a grantee with permission to occupy the same public way must also locate its telecommunications facilities underground. E. Whenever any new or existing electric utilities, cable facilities or telecommunications facilities are located or relocated underground within a Right Of-Way of the City, a grantee that currently occupies the same portion of the Right-Of-Way shall relocate its facilities underground within a reasonable period of time, which shall not be later than the end of the grant term. Absent extraordinary circumstances or undue hardship as determined by the City Engineer, such relocation shall be made concurrently, to minimize the disruption of the Right-Of-Way. F. Except to the extent prohibited by law, whenever new telecommunications facilities will exhaust the capacity of a public street or utility easement to reasonably accommodate future telecommunication carriers or facilities, the City may require a grantee to provide additional ducts, conduits, manholes and other facilities for nondiscriminatory access to future carriers. Sec. 440-19 Construction Pen-nits All license or franchise grantees are required to obtain construction pennits for telecommunications facilities to be placed within the Right-Of-Way. However, nothing in the Chapter shall prohibit the City and a grantee from agreeing to alternative plan review, permit and construction procedures in a license or franchise agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices. Sec. 440-20 Interference with the Public Ways No license or franchise grantee may locate or maintain its telecommunications facilities so as to interfere with the use of the Right-Of-Way by the City, by the general public or by other persons authorized to use or be present in or upon the Right-Of-Way. All such facilities that interfere with use of the Right-Of-Way shall be moved by the grantee, temporarily or permanently, as determined by the City Engineer. Sec. 440-21 Damage to Property No license or franchise grantee nor any person acting on a grantee's behalf shall take any action or permit any action to be done which may impair or damage any City property or RightOf-Way of the City, or personal property or chattels located in, on or adjacent thereto. Sec. 440-22 Notice of Work Unless otherwise provided in a license or franchise agreement, no license or franchise grantee, nor any person acting on the grantee's behalf, shall commence any non-emergency work in or about the Right-Of-Way of the City without ten (10) business days advance written notice to the City. Sec. 440-23 Repair and Emergency Work remove, relocate, change or alter the position of any telecommunications facilities within the Right-Of-Way whenever the City shall have determined that such removal, relocation, change or alteration is reasonably necessary for: A. The construction, repair, maintenance or installation of any City or other public improvement in or upon the Rights-Of-Way. B.The operations of the City or other governmental entity in or upon Page 102 01-0501.txt the Right-Of-Way. Sec. 440-26 Removal of Unauthorized Facilities Within thirty (30) days following written notice from the City, a Telecommunications Provider shall, at its own expense, remove unauthorized Telecommunications Facilities from the Right-Of-Way. A Telecommunications Facility is unauthorized and subject to removal in the following circumstances: A. Upon expiration or termination of the grantee's telecommunications license or franchise. B. Upon abandonment of a telecommunications facility within the Rights-Of-Way of the City. C. If the system or facility was constructed or installed without the prior grant of a telecommunications license or franchise. D. If the system or facility was constructed or installed without the prior issuance of a required construction pen-nit. E. If the system or facility was constructed or installed at a location not permitted by the grantee's telecommunications license or franchise. Sec. 440-27 Emergency Removal or Relocation of Facilities The City retains the right and privilege to cut or move any telecommunications facilities located within the Right-Of-Way of the City, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency. Sec. 440-28 Damage to Grantee's Facilities Unless directly and proximately caused by the willful, intentional or malicious acts by the City, the City shall not be liable for any damage to or loss of any telecommunications facility within the Right-Of-Way or other City property as a result of or in connection with any public works, public improvements, construction, excavation, grading filling, or work of any kind in the Right-Of-Way by on or behalf of the City. Sec. 440-29 Restoration of Right-Of-Way and City Property A. When a license or franchise grantee, or any person acting on its behalf, does any work in or affecting any Right-Of-Way or City Property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to as good a condition as existed before the work was undertaken, unless otherwise directed by the City. B. If weather or other conditions do not permit the complete restoration required by this Section, the grantee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the Licensee's sole expense and the Licensee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. C. A grantee or other person acting in its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property. Sec. 440-30 Facilities Maps Each license or franchise grantee shall provide the City with an accurate map or maps certifying the location of all telecommunications facilities within the Rights-Of-Ways. Each grantee shall provide updated maps annually. Sec. 440-31 Duty to Provide Information Within ten (10) days of a written request from the City, each license or franchise grantee shall furnish the City with information sufficient to demonstrate: A. That grantee has complied with all requirements of this Chapter and the license or franchise agreement. B. That all municipal taxes and compensation due the City in connection with the telecommunications services and facilities provided by the grantee have been properly collected and paid by the grantee. C. All books, records, maps and other documents, maintained by the Page 103 01-0501.txt grantee with respect to its facilities within the Right-Of-Way shall be made available for inspection by the City at reasonable times and intervals. See. 440-32 Leased Capacity A license or franchise grantee shall have the right, without prior City approval, to offer or provide capacity bandwidth to its customers, provided that, with respect to a customer or lessee that owns, controls, operates, maintains or manages telecommunications facilities in the Right-Of-Way: A. Grantee shall furnish the City with the name of such customer or lessee. B.The customer or lessee has complied, to the extent applicable, with the requirements of this Chapter. The purpose of this section is to assist the City in identifying telecommunications providers that are subject to the requirements of this Chapter. Sec. 440-33 Grantee Insurance Unless otherwise provided in a license or franchise agreement, each grantee shall, as a condition of the grant, secure and maintain liability insurance policies insuring both the grantee and the City, and its elected and appointed officers, officials, agents and employees as in such forms and amounts as may be required by the Corporation Counsel, or as otherwise set forth in the license or franchise agreement. Sec. 440-34 Security Fund Any transactions which singularly or collectively result in a change of ten percent (10%) or more of the ownership or Control of the grantee, of the ownership or Control of a telecommunications license or franchise, of the ownership or Control of affiliated entities having ownership or Control of the grantee or of the telecommunications facilities, or of ownership or Control of grantee's telecommunications facilities or of substantial parts thereof, shall be considered an assignment or transfer requiring the City approval pursuant to Section 440-35 hereof Transactions between affiliated entities that own or Control grantee or the telecommunications facilities are not exempt from City approval. Sec. 440-38 Severability If any section, subsection, sentence, clause, phrase, or other portion of this Chapter, or its application to any person, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof. Sec. 440-39 Application to Existing Telecommunications Providers A. To the maximum extent not prohibited by law, the City may determine to apply all or certain provisions of this Ordinance to any Telecommunications Provider operating telecommunications facilities by use of the Right-Of-Way who does not have a franchise or license on the effective date of this Ordinance, and may require such Telecommunications Provider to apply for a franchise or license in accordance with the terms of this Ordinance. Any such Telecommunications Provider who fails to apply for such franchise or license shall be deemed in violation of this Ordinance and the City shall have the right to exercise any and all rights it may have in such event, including, but not limited to, requiring such Person to remove its telecommunications facilities from the Right-Of-Way pursuant to See. 440-26. B. Notwithstanding Sec. 440-39 (A), all Telecommunications Providers with Telecommunications Facilities in the Public Way, regardless of whether a Telecommunications Provider has a franchise or license, shall comply with the following Sections of this Ordinance by no later than ninety (90) days after the effective date of this Ordinance: (1) 440-3; (2) 440-4; (3) 440-15; and (4) 440-19 through 440-35. Sec. 440-40 Application to Wireless Telecommunications Providers Page 104 01-0501.txt To the maximum extent not prohibited by law, with respect to any cellular telephone provider, personal communications service telephone provider, or any other provider of wireless telecommunications services (collectively, "Wireless Providers"), this Ordinance applies only to the extent, if any, any such provider constructs, owns, controls, maintains or manages Telecommunications Facilities within the Right-Of-Way, or seeks to place such Telecommunications Facilities in the Right-Of-Way. This Ordinance shall not be interpreted to apply to Wireless Providers that do not construct, own, control, maintain or manage Telecommunications Facilities in the Right-Of-Way, and shall not be interpreted as an entry condition before a Wireless Provider provides telecommunications services in the City, including any Wireless Provider with Telecommunications Facilities within the Right-Of-Way. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNCATIONS AND OFFICE TELECOMMUNICATIONS RESOLUTION No. 224 BY: MR. THOMPSON ENVIRONMENT CONCERNS AT 858 EAST FERRY STREET Whereas: One of the greatest challenges facing many cities today is how to restore former industrial sites and lands for an economic or useful purpose; and Whereas: Central cities have a tendency to lag far behind other communities when one analyzes both state and federal environmental cleanup efforts and programs; and Whereas: Environment justice is one of the key issues facing this generation of civic, community, business, and government leaders; and Whereas: Many of the entrepreneurs and capitalists that polluted many of the soils located in inner-city communities like the Masten District are no longer in business leaving the burden of remediation to the public; and Whereas: Residents that live around sites like 858 East Ferry Street grow more and more concerned because of the politics surrounding funding for environmental cleanup programs. Meanwhile, women, families, and children run the risk of being exposed to extremely hazardous materials that may be poisoning the water and air; Now, Therefore, Be It Resolved: That the Corporation Counsel for the City of Buffalo, the Department of Public Works, Parks, Street Sanitation, and the Director of Environmental Affairs file with this Common Council ALL consultant reports, studies, testing results (soil, water, etc.) and any other reports, letters, and memos related to 858 East Ferry Street and adjacent parcels be filed with the Common Council prior to 2 p.m., Thursday, May 10, 2001; and Be it Further Resolved: That the Department of Public Works, Parks, Street Sanitation posts signs that state "Hazardous Materials on Site, No Trespassing" on the 858 East Ferry Street site; and Be it Further Resolved: That the New York State Health Department immediately investigate 858 East Ferry Street to determine if the site and the adjacent parcels of land and underground and local water supply are an immediate threat to public health and safety; and Be it Finally Resolved: That the Governor and the New York State Legislature identify funds to complete the environmental cleanup of 858 East Ferry Street and any contaminated adjacent or neighboring parcels of land or water Page 105 01-0501.txt systems. That certified copies of this resolution be sent to the Governor, the NYS Commissioner of Health, the NAACP, Buffalo Chapter, the Black Leadership Forum, the Lupus Coalition of Buffalo, Citizen Action of New York-WNY Chapter, the Speaker of the NYS Assembly, the Majority Leader of the NYS Senate, and the WNY State Legislative Delegation. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT THE CORPORATION COUNSEL, ENVIROMENT AFFAIRS RESO LUTION No. 225 BY: MR. THOMPSON MWBE PARTICIPATION ON CITY OF BUFFALO CONTRACTS Whereas: Economic empowerment and economic justice reflect the Civil Rights challenges of this millennium (i.e. access to capital, markets, and information): and Whereas: The City of Buffalo has struggled and grappled with issues relating to minority and women business participation and development for many years; and Whereas: The Entrepreneurial Assistance Program, the Bond Readiness Program, and the Marketing Assistance Programs were steps in the right direction, yet they have not provided minority businesses with the type of wholesale access to the City of Buffalo's construction, legal, architectural, consulting, personal service, procurement, and other contracts. The City of Buffalo still is without a consistent policy and law for the utilization of minority and women businesses; and Whereas: Each day, able-bodied men and women miss out on opportunities for work, small business owners are shut out of the construction process, and communities residents and leaders are left to wonder "When will this problem be addressed and resolved"; and Now, Therefore, Be It Resolved: That the Department of Administration & 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 MVv'BE 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 MVTBE and workforce diversity acknowledgement form that must be submitted with all bids, Request for Proposals and Request for Qualifications; and Be it Further Resolved: 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 Be it Further Resolved: That the Office of Contract Compliance files with the Common Council prior to the end of the 15' day 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 Be it Finally Resolved: That the Mayor of Buffalo appoints a Procurement Committee as required by the Charter of the city. The Procurement Committee should include representatives from BMHA, BURA, the Office of Page 106 01-0501.txt Contract Compliance, BNRC, Public Works, Parks, Street Sanitation, BERC, Buffalo Sewer Authority, American Anglian, Administration & 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. REFERRED TO THE COMMITTEE ON MINORITY BUSINESS ENTERPRISE, THE CORPORATION COUNSEL THE COMMISSIONER OF PUBLIC WORKS AND COMMUNITY SERVICES RESOLUTION No. 226 BY: MR. THOMPSON REDUCE SPEED LIMIT AROUND SCHOOL #61 Whereas: The residents and community leaders around Public School #61 have expressed concerns regarding motor vehicles speeding near the school; and Whereas: Many of the children walk to school and vehicular traffic issues are an immediate threat to the safety of the youths; and Whereas: Currently efforts are underway to place a traffic light at the comer of Leroy Avenue and Grider Street. The installation of the light would compliment these efforts; Now, Therefore, Be It Resolved: That this Common Council requests that the Department of Public Works, Parks, and Street Sanitation post signs that state "Speed Limit 15 miles per hour, School in Area" around Buffalo Public School #61; and Be it Finally Resolved: That copies of this resolution be forwarded to Buffalo School Board Members, the Principal at School #61, the Office of the Mayor of Buffalo, and FLARE. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS AND CORPORATION COUNSEL RESOLUTION No. 227 BY: MR. THOMPSON School Desegregation - The Elimination of Busing in Buffalo Public Schools Whereas: In American society one of the nation's greatest assets is our youth; Many local, state, and federal programs throughout the years were established to prepare the future generation of leaders, taxpay educators, etc.; and Whereas:The education of children is of the most important roles of government and society; According to local and statewide opinion polls, education is a tremendous issue of concern to many families in New York and Whereas: Public education is in need of reform to ensure that students have certified teachers, smaller classes modernized school buildings, textbooks, and adequate recreational equipment; and Whereas: Inequalities in school funding by the state, enormously high levels of poverty, and a struggling family environment are contributing to the low levels of performance by many students; and Whereas: The Buffalo Public Schools are largely comprised of both minority and students from low-income families; There are numerous studies that have analyzed the connection between poverty educational performance; and Whereas: We, the learned, the enlightened, and the progressive leadership must examine the pro-and cons of busing and place the necessary safe guards into motion to ensure that we do not place our children fast track to the prison system; and Whereas: It is of crucial importance that neighborhood schools in the Page 107 01-0501.txt inner-city do not become the dumping ground for uncertified teachers, troubled youths, and educationally challenged students; and Whereas: We must take the necessary precautionary steps to reinvent our schools in an effort to educate our youth without being a penny wise and a pound foolish; Now, Therefore, Be It Resolved: That the Buffalo Board of Education files with this Common Council the original desegregation and court settlement decree and summaries; and Be it Further Resolved: That the Buffalo Board of Education files with this Common Council a breakdown of school by school in the City of Buffalo that lists the poverty rate, number of students that qualify for a free lunch the number of teachers and the number of uncertified teachers, the demographic information regarding student population, the Census tracts from which the students come from for each school including not limited to the number of students at each school that come from the same Census tract (example Census Tract 33.01 =75 students); and Be it Further Resolved: That the Board of Education and the Buffalo School Board file with this Common Council its various plans to bring all schools up to 2001 standards for education and the cost analyses to accomplish crucial objective; and Be it Finally Resolved: That the Board of Education and the Buffalo School Board file with this Common Council information how much the Buffalo Public Schools receive from NYS for busing students. That the Board Education also includes how much of a saving would be generated if busing were eliminated. I would the funds currently allocated for busing be returned to the state or would the Buffalo Schools be allowed to use the dollars to educate the students? That certified copies of this resolution be sent to the Buffalo Board of Education, the members of the Buffalo School Board, the NAA( SCLC, the Black Leadership Forum, the W-NY State Legislative Delegation, the Governor, the S of the NYS Assembly, the Majority Leader of the NYS Senate, and the Commissioner of the Department of Education. REFERRED TO THE COMMITTEE 0N EDUCATION AND THE BOARD OF EDUCATION Resolution No. 228 BY: MR. THOMPSON WAIVER OF PERMIT FEES Whereas: The 26 th Annual Juneteenth Festival will be a major summer event in the City of Buffalo, attracting over 75,000 spectators annually who partake in this celebration of freedom from enslavement; and Whereas: Each year the Juneteenth Festival is a free community event that invites various community based and service organizations, vendors, and merchants from across the country and Canada to be part of this celebration; and Whereas: There are several fees required by the City to facilitate this event; Now, Therefore, Be It Resolved: That this Common Council approves the waiving of all fees associated with this event. PASSED AYES - 13 - NOES - 0 Resolution No. 229 BY: MR. THOMPSON Page 108 01-0501.txt WAIVER OF PERMIT FEES Whereas: The Jefferson Avenue Arts Festival sponsored by 50 women with a Vision, is a summer cultural attraction for City residents that will take place on July 29, 2001; and Whereas: The Jefferson Avenue Art Festival is part of the Jefferson Renaissance Project, that aims to restore Jefferson Avenue and encourage new business development on Jefferson Avenue; and Whereas: The Jefferson Avenue Art Festival show cases local performing artists, youth groups, and vendors; Now Therefore Be It Resolved That: This Common Council waives all fees associated with the Jefferson Avenue Arts Festival. PASSED AYES - 13 - NOES - 0 Resolution No. 230 BY: MR. THOMPSON WAIVER OF PERMIT AND BANDWAGON FEES Whereas: The American Cancer Society is a nationwide, community-based voluntary health organization dedicated to eliminating cancer as major health problem by preventing cancer, saving lives and diminishing suffering from cancer through research education, advocacy and service; and Whereas: 30 scientists funded by the American Cancer Society have gone to win the Nobel Prize; and Whereas: The American Cancer Society focuses its attention in five areas: Research, Prevention, Detection, Advocacy and Patient Support; and Whereas: The American Cancer Society will sponsor their annual Relay For Life on July 21, 2001 at the Johnnie B. Wiley Sports Pavilion Now Therefore Be It Resolved That: All fees associated with this event and use of the Bandwagon are waived. PASSED AYES - 13 - NOES - 0 Resolution No. 231 BY: MR. THOMPSON WAIVER OF PERMIT AND BANDWAGON FEES Whereas: The Children's Journey Inner City Youth Club has been in existence since 1988; and Whereas: Since 1994, the Children's Journey Inner City Youth Club has sponsored a summer basketball league, in Glenny Park, serving over 300 youth ranging from the ages of 8 to 18; and Whereas: The Masten District Council Office has made an allocation of Community Development Block Grant funds to sponsor this league; and Whereas: All fees charged to participants are used to offset the costs of the league; and Whereas: In the past 7 years of the event, there has never been a serious injury, or negative incident, during the tenure of the league; Now Therefore Be It Resolved That: This Common Council waives all fees associated with this basketball league. PASSED AYES -13 NOES - 0 Resolution NO. 232 BY :MR. THOMPSON MR FONTANA, MS. GRANT, MRS MARTINO WATER METER INSTALLATION Whereas: The Masten District Council Office has continually received numerous complaints from individuals who have been involved in the Page 109 01-0501.txt installation of water meters on their properties and businesses; and Whereas: The installation of these meters has caused great financial hardship on residents and businesses especially the senior population; and Whereas: The installation of the water meters on homes and businesses requires significant altering of the existing plumbing to accommodate the fixtures of the water meters; and Whereas: This unexpected charge, an average of $2,000, is not affordable by many residents; and Whereas: The City of Buffalo has a serious water system problem that needs assistance from both the State and Federal Government; Now Therefore Be It Resolved: That the water meter installation be immediately suspended in the Masten District until necessary financial resources are allocated to make the conversion reasonable, for residential property owners; and Be It Further Resolved: That this Common Council requests the Western New York State and Federal delegations identify resources to provide financial assistance to residents that may encounter unforeseen costs due to the installation of the water meters; Be It Finally Resolved: That certified copies of this resolution be sent to the Western New York Legislative delegation in the State Assembly and Senate, and the U.S. House of Representatives, U.S. Senate ADOPT FINAL 2 RESOLVE AND REMAINDER TO COW RESOLUTION No. 233 BY: MR. ANTOINE THOMPSON REQUEST ADDITIONAL FUNDS FOR THE NORTH JEFFERSON LIBRARY Whereas: The New North Jefferson Library will be an important asset to the entire City of Buffalo; and Whereas: More than $4 million dollars has been allocated for this project which will be a major boost to the Jefferson Avenue Renaissance Project.; and Whereas: A Capital Bond Amendment of $700,000 dollars is crucial or the continuation of this initiative; and Now, Therefore, Be it resolved That: The Common Council authorizes the Department of Public Works, Parks, Streets Sanitation , the City Comptroller, and the Mayor of Buffalo to make a $700,000 Capital Amendment for the construction and development of the New North Jefferson Library. REFERRED TO THE COMMITTEE OF THE WHOLE RESOLUTION NO. 234 BY: MS. MILLER-WILLIAMS REQUEST TO CONDUCT TRAFFIC STUDY OF SOUTH ELMWOOD AVENUE, BETWEEN EDWARD AND VIRGINIA STREET Whereas: Constituents of the Ellicott District have complained that the area of South Elmwood Avenue, between Edward Street and Virginia Street, has heavy, high speed traffic; and Whereas: Elmwood Avenue as it approaches Edward Street has a sharp curve that has been the scene of numerous accidents over the years; and Whereas: Vehicles regularly travel at high speeds along this section of South Elmwood Avenue as it intersects with Edward Street, unaware of the sudden curve in the road; and Whereas: The area is home to many residential dwellings, schools, stores, and a fire department stationhouse, and Whereas: A better traffic control plan is needed on this stretch of South Elmwood to avoid any more serious accidents, and to ensure the safety of neighborhood residents, drivers, and pedestrians of the South Elmwood area; and Page 110 01-0501.txt Whereas: Reduced speed, better signage, warning of a curve in the road, a guardrail along the curved stretch of the road, or a total redesign of South Elmwood have been mentioned as alternatives to make this a safer street to walk or drive; Now, Therefore, Be It Resolved: That the Department of Public Works conduct a study on traffic along South Elmwood Avenue, between Edward and Virginia Street, to determine what changes are needed to prevent future accidents and make this roadway easier to maneuver; and Be It Further Resolved: That the Department of Public Works provide recommendations to this Common Council as to what other methods may be used to address the concerns of the neighborhood residents. REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS RESOLUTION NO. 235 BY: MS. BARBARA MILLER-WILLIAMS SUPPORT NEW YORK STATE ASSEMBLY EFFORTS TO RESTORE PRE-K AND CLASS SIZE REDUCTION FUNDING Whereas: Pre-K has been an integral part of the Buffalo School System for many years, providing young children with a solid foundation upon which future learning and success is built; and Whereas: The long-term fundamental benefits of Pre-K and smaller class sizes for our youngest school children are significant and well-documented; and Whereas: The Governor's current budget fails to recognize critical needs of all New York State's children and has repeatedly attempted to not fulfill proposed educational commitments with the New York State Assembly to ensure that pre-K is available to all children throughout New York State; and Whereas: New York State Assembly Speaker Sheldon Silver has been leading the fight to reject the Governor's $660 million in cuts to the Assembly's historic LADDER initiatives, which seek to reduce class sizes and make universal pre-K and full day kindergarten available to every child in the state; and Whereas: Assemblyman Speaker Silver further states that "the Assembly"s commitment to early childhood education is unwavering. Study after study has shown that children who begin the education process early and experience smaller class sizes in the early grades enjoy greater academic achievement"; and Whereas: The New York State Assembly is committed to fully restoring funding for the universal pre-kindergarten program; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo fully supports Assembly Speaker Sheldon Silver and the New York State Assembly's efforts to restore this much needed funding for pre-kindergarten and smaller class sizes to the New York State budget; and Be It Further Resolved: That the City Clerk's office forward certified copies of this resolution to New York State Governor George Pataki, New York State Assembly Speaker Sheldon Silver, the Western New York State Legislature delegation, Buffalo School Superintendent Marion Canedo, and the Buffalo School Board. ADOPTED NO. 236 BY MRS. WILLIAMS FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Young Peoples Conference Page 111 01-0501.txt By Councilmember Thompson, Miller-Williams, Grant Felicitation for Raul Hermandez By Councilmember Miller-Williams Felicitation for Kalina Singing Society By Councilmember Pitts ADOPTED NO. 237 BY: BARBARA A. WILLIAMS APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2002 conditional ,upon the parson so appointed certifying under oath to their qualifications and filing same the City Clerk: MICHAEL CASTRO WINSTON A. FRITZ GWEN NEAL ADOPTED No. 238 BY: BARBARA A. WILLIAMS APPOINTMENTS COMMISSIONER OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Comissioner of Deeds for the term ending . December 31, 2002, conditional upon the persons so appointed certifying under oath to their qualifications and filing saw with the City LEOLA JOHNSON-BROWDER WILLIAM J. BUZAK STACEY GRANT JEFFREY JOHNSON FANCHON R. PRATCHER BERNADETTE M. SZALDA ADOPTED UNFINISHED BUSINESS No. 239 BOND RESOLUTION-$ 200,00 O-PLANNING W. SIDE COMM. CTR. (NO. 197, C.C.P. APRIL 17, 2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr Golombek CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by PASSED AYES - 13 - NOES - 0 No. 240 RECESS On a motion by Mrs LoTempio Seconded by Mrs Martino the Council recessed at 4:15 pm ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers 13th Floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, May 9, 2001 at 9:30 o'clock A.M. Committee on Finance Tuesday, May 9, 2001 following Civil Service Committee on Comm. Dev. Tuesday, May 9, 2001 following Finance Page 112 01-0501.txt Committee on Legislation Tuesday, May 9, 2001 at 2:00 o'clock P.M. Special Committees (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 mak 2 notification of what we are made aware. BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #4 COUNCIL PRESIDENT'S OFFICE-1315 CITY HALL APRIL 26, 2001 Present: James W. Pitts, Council President;; Anthony Nanula, Comptroller-3 Absent: Anthony M. Masiello, Mayor-1 The Journal of the last meeting was approved. No. I I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of April 2001 amounting to $15,580.69 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-2. Noes-0. No. 2 The following annuitant was cancelled from the Fire Pension Fund Payroll: Mary Lee Died 3/27/01 Received and Filed. No. 3 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of April 2001 amounting to $20,337.00 and respectfully request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-2. Noes-0. No. 4 On motion by Mr. Pitts, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m. Page 113