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HomeMy WebLinkAbout01-0515ss-0502 01-0515ss-0502.txt No. 9 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO MAY 15, 2001 Special Session May 2, 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 Page 1 01-0515ss-0502.txt FINANCE COMMITTEE: Betty Jean Grant, Chairman, Marc A. Coppola, Karen R. Ellington, Charley H. Fisher III, Mary M. Martino, Barbara Miller-Williams-Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Rosemarie LoTempio, Beverly Gray, Dominic Bonifacio Jr., Joseph Golombek Jr., Antoine Thompson- Members RULES COMMITTEE: James W. Pitts, Chairman Beverly Gray, Rosemarie LoTempio , Members EDUCATION COMMITTEE: Charley H. Fisher III, Chairman, Dominic Bonifacio Jr., Beverly Gray, Joseph Golombek Jr., Karen R. Ellington, Richard Fontana SPECIAL COMMITTEES TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty Jean Grant, Barbara Miller-Williams. BUDGET COMMITTEE: Rosemarie LoTempio , Chairman, 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 15, 2001 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and Council Members Bonifacio, Coppola, Ellington, Fisher, Fontana, Golombek, Grant, Gray , LoTempio, Martino, Pitts, and Thompson, Williams- 13 ABSENT -- 0 ON A MOTION BY MRS. LOTEMPIO, SECONDED BY MR. FONTANA, THE MINUTES OF THE STATED MEETING HELD ON MAY 1, 2001 WERE APPROVED. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES Page 2 01-0515ss-0502.txt NO. 1 Monthly report from the Division of Citizen Services (Mayors Complaint Hot Line) Attached is the April, 2001 activity report from the Division of Citizen Services, as well as, a ten month compilation report. Also, for your information, the following constitute the top 10 complaint categories over the past ten (10) months: 1. Garbage -6,820 2. Housing Violations - 5,332 3. Totes - 29,613 4. User fee - 19,662 5. Forestry - 19,524 6. Plowing/ Snow 1,233 7. Recycle - 763 8. Rodents - 677 9. Police - 610 1O.Abandoned Cars - 538 21,772 or 81%.3 of (26,781) complaints RECEIVED AND FILED FROM THE BOARD OF PARKING No 2 Permission to retain a Construction Manager & Architect/Engineers for the Construction of the Adam expansion & Augspurger addition The Board of Parking respectfully requests permission to advertise the and retain a Construction Manager and an Architect/Engineer the the construction of the Robert Adam Ramp expansion and the Owen B. Augspurger addition. Funds for these services are in the $13, 636,464 bond sale for the Augspurger Ramp addition and the $7,688,455 Adam ramp expansion REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY PLANNING BOARD NO. 3 Urban Renewal Plan Amendment Downtown Entertainment District Phase I Planning Board Recommendation The City Planning Board at its meeting of April 24, 2001 adopted the attached resolution recommending that the Common Council approve an Amendment to the Downtown Entertainment District Phase I Urban Renewal Plan. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 4 Oriole Management Inc. 153 Elmwood Ave. Outdoor cafe Item No. 105, C.C.P. 5/1/01 The City Planning Board at its regular meeting held Tuesday, May 8, 2001, considered the matter captioned above pursuant to Section 511-56 of the Buffalo Code, Elmwood Business District. The applicant seeks to place an additional 12.51x301 of patio space to an existing 431xl6l outdoor patio on private property at 153 Elmwood Ave. The Planning Board voted to approve the proposed outdoor patio with the following conditions: 1. All conditions imposed by the Preservation Board. 2. No outside music. Page 3 01-0515ss-0502.txt 3. Closing at 11 PM. 4. All trash generated by the use of the patio is the responsibility of the operator of the patio. RECEIVED AND FILED NO. 5 2468 Group, Inc. 312 Linwood Ave. Accessory sign Item No. 106, C.C.P. 5/l/2001 The City Planning Board at its regular meeting held Tuesday, May 8, 2001, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect a 4'x41x41x51 three (3) faced ground "ID" sign at 312 Linwood Avenue. 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 sign with the conditions set by the Preservation Board. Those conditions include an overall height of 51, background color of wedgewood blue with white lettering, and a red heart with a blue figurine inside the heart. RECEIVED AND FILED NO. 6 R. Chainani 502 Elmwood Ave. Convert store to restaurant Item No. 109, C.C.P. 5/1/01 The City Planning Board at its regular meeting held Tuesday, May 8, 2001, considered the matter captioned above pursuant to Section 511-56 of the Buffalo Code, Elmwood Ave. Business District. The applicant seeks to convert a vacant retail store into a sit-in restaurant at 502 Elmwood Avenue. Under SEQR the proposed restaurant is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed restaurant conditioned on Planning staff review and approval of proposed signage. RECEIVED AND FILED NO. 7 N.Y.S. Dormitory Authority Abandon and Sale of N. Oak St. Item No. 45, C.C.P. 4/17/01 The City Planning Board at its regular meeting held Tuesday, May 8, 2001 considered the matter captioned above pursuant to Section 18-48 of the Buffalo Code, Referable Matters to the City Planning Board. The applicant is asking the City of Buffalo to abandon and sell a portion of N. Oak Street between High and Carlton Streets. This portion of N. Oak Street has been closed for the past eight years during the course of construction at the Roswell Complex. The permanent closing of the street will allow for Roswell to finish their proposal for a park like common area within the hospital campus. A private driveway will be maintained for access to hospital buildings, parking areas and adjoining businesses. The Planning Board voted to recommend approval of the abandonment and sale of N. Oak with conditions set by the Department of Public Works. RECEIVED AND FILED Page 4 01-0515ss-0502.txt FROM THE OFFICE OF STRATEGIC PLANNING NO. 8 Urban Renewal Plan Amendment Downtown Entertainment District Phase I The Downtown Entertainment District Phase I Urban Renewal Plan was approved by the City Planning Board on March 29, 1979 and was approved by the Common Council of the City of Buffalo on May 1, 1979, C.C.P. No. 86. The Urban Renewal Plan has a 40-year duration, effective until April 30, 2019. The Office of Strategic Planning has determined that an amendment to the Urban Renewal Plan is necessary for the redevelopment of the historic Vernor Building, located in the 700 block of the Main Street Entertainment District. The plan amendment furthers the implementation of the Downtown Housing Initiative recommended in the recent "Downtown Buffalo Strategic Plan". The Downtown Housing Initiative is designed to energize downtown with a 24-hour resident population, and to foster downtown revitalization by promoting the adaptive use of neglected historic properties for non-traditional residential and mixed-use redevelopment. This proposed plan amendment specifically adds the properties located at 736 and 752 Main Street to the project's Land Acquisition Plan and Property Disposition Plan. The amendment provides for a change of Land Use for these properties from "Commercial Use" to "Residential/Commercial Mixed Use". The City Planning Board approved the proposed plan amendment at its meeting of April 24, 200 1, after conducting a public hearing, and upon due notice, and recommended that the plan amendment be approved by your Honorable Body. Upon receiving the recommendation of the City Planning Board, it is respectfully requested that your Honorable Body act on the amendment of the plan by conducting a public hearing and acting on the plan amendment by the adoption of an appropriate resolution. The Office of Strategic Planning, therefore, respectfully request that the City Clerk advertise a Notice of Public Hearing no later than June 1, 2001 with the hearing to be held June 12, 2001. We have attached an appropriate draft Notice of Public Hearing and draft Resolution for your convenience and consideration. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 9 Response: City of Buffalo Inactive Records Storage Center Item No. 75, C.C.P. 4/17/01 The above item is a communication from the City Clerk regarding the need for new, used or leasing a building for records storage. The Division of Real Estate has been assisting the City Clerks Office over the last few years and has attempted to find a suitable building from abandon city-owned buildings or in-rem properties for a records storage facility. They have outgrown the facility on Colvin Avenue (former Precinct 17) and there are currently no suitable buildings in our inventory. All of the buildings that we have looked at over the years were either too small, would have required hundred of thousands of dollars in repairs or were not functional for a proper record storage facility. The Division of Real Estate will continue to work with the City Clerk to find a suitable location, however, it may behoove the City to begin exploring the possibility of building a suitable facility for its management and storage of records. REFERRED TO THE COMMITTEE ON LEGISLATION Page 5 01-0515ss-0502.txt NO. 10 Response: Concerns Alleyway Theater Item No. 100 C.C.P. 4/17/01 The above item is a request from Alleyway Theater for funds in the amount of Twenty Thousand Dollars ($20,000.00) to make capital repairs at 672 main Street, former Precinct #3 and the Greyhound Bus Terminal. The request appears to be for City Capital Funds. The Common Council approved a lease agreement between the City of Buffalo and Alleyway Theater, Item #32, C.C.P. 6/9/98. The length of the lease is for twenty-five (25) years at One Dollar ($1.00) per year. The length and other terms of the lease were necessary, in order for Alleyway to secure funding from the New York State Council on the Arts, in the amount of Fifty Thousand Dollars ($50,000.00), for heating and air conditioning systems for their leased portion of the building. Section I (b) of the lease states that " . . Alleyway shall, at the time of full and complete vacatur by the Buffalo Police Department of such portion of the premises, acquire a leasehold interest in the entire premises subject to the same terms and conditions as contained in this lease that may be applicable, for the remainder of this lease term . . .". The building was turned over to Alleyway on April 1 st of this year. Section 12 of the lease regarding capital improvements states "Alleyway shall be responsible for all capital improvements, repairs and maintenance of any kind or nature, and the cost thereof." There are no Bond Funds budgeted for capital improvements at 664 Main Street and Block Grant Funds cannot be used to repair city owned buildings. However, if Alleyway is requesting Grant In-Aid Funds this office has no obligation to their request. REFERRED TO THE COMMITTEE ON FINANCE NO. 11 Formation-Env.Review Task Force" Item No. 192, C.C.P. April 17,2001 The Common Council has requested that the Environmental Management Commission form Environmental Review Task Force to report and make recommendations on the environmental review process in City government. The Commission welcomes the Council's important initiative. The Commission is concerned about procedures for compliance with requirements for environmental review under City and State law. A strong SEQR process is a powerful tool for good, effective government This is not a simple legal question, but relates directly to the lives of our citizens and the quality of our City's social, economic and environmental future. The Commission will form an Environmental Review Task force from the governmental, legal, and private communities. The Task Force will prepare a full report within six months. The Commission looks forward to consultation and cooperation with all entities in this effort. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 12 "Req. Addl. Funds-N. Jefferson Library" Com #233, C.C.P. May 3,2001 As per your request, the Office of Strategic Planning has not discovered an account that is set-aside, remaining or existing, regarding the availability of Community Development Block Grant (CDBG) funds for the N. Jefferson Library. Presently, an account in the 2000-2001 Capital Budget holds funding for a capital improvement project called "Construction Jefferson Library" at $1,700,000. REFERRED TO THE COMMITTEE OF THE WHOLE Page 6 01-0515ss-0502.txt NO. 13 Results of Negotiations 359 Best, 40' E Grape Vacant Lot: 30' x 100' Assessed Valuation: $1,700 The Office of Strategic Planning, Division of Real Estate, has received a request to purchase from Ms. Eva Scott, 357 Best Street, Buffalo, New York 14204. Ms. Scott owns the property at 357 Best, which is adjoining to 359 Best. She intends to use the property for extra yard space. The Office of Strategic Planning and the Division of Collections have no objection to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Lorie Szalkowski of Cash Realty of NY, Inc., 22 Lafayette Boulevard, Williamsville, New York 14221. She has estimated the value of the parcel to be one Thousand Dollars ($1,000), Thirty-Three Cents ($.33) a square foot. The Division of Real Estate concurs with the estimate of value. The results of our negotiations are that Ms. Eva Scott has agreed and is prepared to pay One Thousand Dollars ($1,000) for this parcel. She has also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 359 Best Street to Ms. Eva Scott in the amount of One Thousand Dollars ($1,000). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 14 Results of Negotiations 291 Cedar, 186.12' S Broadway Vacant Lot: 25' x 132' Assessed Valuation: $1,000 The Office of Strategic Planning, Division of Real Estate has received a request to purchase 291 Cedar Street from Mr. Anderson T. Tate, Sr. and Mrs. Patricia Tate, 295 Cedar Street, Buffalo, New York 14204. Mr. and Mrs. Tate own the property at 295 Cedar Street, which is adjoining to 291 Cedar Street. They intend to use the property for extra yard space. The Office of Strategic Planning and Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. An independent appraisal of the property was conducted by R.W. Bronstein of Bronstein Auctioneers Corporation, 3666 Main Street, Buffalo, New York 14226. He has estimated the value of the property to be Eight Hundred Dollars ($800), Twenty-Four Cents (.24) a square foot. The Division of Real Estate has investigated the sale of similar properties in the area. Sales price range from Twenty-Four Cents (.24) to Thirty-Seven Cents (.37) a square foot. The results of our negotiations are that the purchasers have agreed and are prepared to pay One Thousand Dollars ($1,000), which is Thirty Cents (.30) a square foot for the parcel. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 291 Cedar Street to Mr. and Mrs. Anderson Tate in the amount of One Thousand Dollars ($1,000). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TOT HE COMMITTEE ON FINANCE Page 7 01-0515ss-0502.txt NO. 15 Results of Negotiations 199 Efner, 223.50' NW Virginia Vacant Lot: 30' x 90' Assessed Valuation: $2,100. The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 199 Efner Street (301 x 90') from Mr. Efrain Gonzalez of 203 Efner Street, Buffalo, New York 14201 and Ms. Guadalupe Benavides of 197 Efner Street, Buffalo, New York 14201. They would like to purchase the respective portion that adjoins their properties. Mr. Efrain Gonzalez would like to purchase the northerly portion 151 x 901 of 199 Efner Street and Ms. Guadalupe Benavides would like to purchase the southerly portion 15 x 90' of 199 Efner Street. They intend to use the property for extra yard space. The Office of Strategic Planning and the Division of Collections have no objection to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sales of similar properties in the area. Sales prices range from Nine Cents ($.09) to Twenty Two Cents ($.22) a square foot. The results of our negotiations are that Mr. Efrain Gonzalez has agreed to pay Two Hundred Fifty Dollars ($250) for the northerly half of 199 Efner Street and Ms. Guadalupe Benavides has agreed to pay Two Hundred Fifty Dollars ($250) for the southerly half. The price per square foot is Nineteen Cents (.19). Both parties have also agreed to pay for the cost of the transfer tax, recording fee's and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of the respective portions of 199 Efner Street to Mr. Gonzalez and Ms. Benavides in the amount of Two Hundred Fifty Dollars ($250) for each portion. I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 16 Results of Negotiations 180 Kosciuszko, 174.27 S Sycamore Vacant Lot: 30' x 97' Assessed valuation: $1,400. The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 180 Kosciuszko Street from Mr. Lawrence E. Leman of the Polish Community Center of Buffalo, Inc., 1081 Broadway Street, Buffalo, New York, 14212. The Polish Community Center of Buffalo, Inc. intend to purchase 180 Kosciuszko in order to combine it with other properties for greenspace for its housing component at 1087 Sycamore. The Office of Strategic Planning and the Division of Collections have no objection to the sale. There are no outstanding taxes, building code violations, or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by John Zukowski of Arrow Appraisal Service, Inc., 3790 Broadway Street, Cheektowaga, New York 14227. He has estimated the value of the parcel to be Eight Hundred Dollars ($800), Twenty-Seven Cents (.27) a square foot. The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that the Polish Community Center of Buffalo, Inc. have agreed and are prepared to pay Eight Hundred Dollars ($800) for the subject property. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. Page 8 01-0515ss-0502.txt I am recommending that Your Honorable Body approve the sale of 180 Kosciuszko Street to the Polish Community Center of Buffalo, Inc. for Eight Hundred Dollars ($800). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 17 Results of Negotiations 1506 Michigan, 164.501 N Woodlawn Vacant Lot: 60' x 1801 Assessed Valuation: $2,600 The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 1506 Michigan Avenue from Rev. Richard Stenhouse of Bethel Community Development Corporation, 1525 Michigan Avenue, Buffalo, New York 14209. Bethel Community Development Corporation owns a two family dwelling at 1504 Michigan, which adjoins 1506 Michigan Avenue. They intend to construct a parking lot for the tenants. The Office of Strategic Planning and Division of Collections have no objections to the sale. There are no outstanding taxes, building code violations, or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Howard P. Schultz & Associates, 360 Delaware Avenue, Buffalo, New York. He has estimated the value of the property to be Three Thousand Five Hundred Dollars ($3,500), Thirty-Two Cents (.32) a square foot. The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Bethel Community Development Corporation have agreed and are prepared to pay Three Thousand Five Hundred Dollars ($3,500) for the subject property. They have also agreed to pay for the cost of the appraisal, transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 1506 Michigan Avenue to the Bethel Community Development Corporation for the amount of Three Thousand Five Hundred Dollars ($3,500). 1 am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE NO. 18 Transfer of Title, Urban Homestead Program 141 Baltz (City Owned-vacant lot, dimensions 30' x 129') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 141 Baltz Street, Buffalo, New York 14211, parcel is 30' x 129' in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Gerald I.. Kokotajlo and Mrs. Donna M. Kokotajlo residing at 139 Baitz Street indicated that the will clean, improve and maintain the lot in the event that they obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteaders. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr. and Mrs. Kokotajlo on the condition that the property is cleared and improved with (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT Page 9 01-0515ss-0502.txt No. 19 Transfer of Title, Urban Homestead Program 466 East Ferry (City Owned-vacant lot, dimensions 35' x 105') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 466 East Ferry Street, Buffalo, New York 14208, parcel is 35' x 105' in dimension; and it has been determine that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Paul E. Andrews residing at 464 East Ferry Street indicated that he will clean, improve and maintain the lot in the event that he obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr. Paul Andrews on the condition that the property is cleared and improved within months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 20 Transfer of Title, Urban Homestead Program 711 Sycamore (City Owned-vacant lot, dimensions 27' x 92~) The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 711 Sycamore Street, Buffalo, New York 14211, parcel is 27' x 92' in dimension; and it has been determine that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. Robert Alexander residing at 709 Sycamore Street indicated that he will clean, improve all maintain the lot in the event that he obtains title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no proper code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr. Robert Alexander on the condition that the property is cleared and improved with (6) months and maintained in a sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 21 Vacant Lot Maintenance Program Item #13, C.C.P. May 1, 2001 At the Common Council's Finance Committee meeting held on May 8, 2001 additional information was requested regarding how the vacant lot maintenance program will be implemented this year. The City of Buffalo owns over 3,500 vacant lots throughout the nine councilmatic districts. Over eighty percent (80%) of the vacant lots are in the Masten, Ellicott and Fillmore Districts. The proposed contract between the City of Buffalo and North America Construction, Inc. will accomplish three desired goals: 1. Initially remove trash and debris, place at curbs and cut grass in the three districts. Contractors will coordinate removal of trash with the Streets Department. 2. Maintain and cut the lots throughout the grass growing season in the three districts. 3. Free-up city grass cutting crews from Streets Department, Real Estate, and Citizen Services Crew to concentrate on cutting and maintaining city owned lots in the other six districts and cut privately owned lots in all districts. The City crews will consist of the following equipment and manpower: Page 10 01-0515ss-0502.txt Streets Department Paul Sullivan 3 brush hog mowers & operators 1 high lift & operator 1 dump truck & driver 2 laborers 1 forman Division of Real Estate Don Morris 1brush hog moweroperator 3 laborers Citizen Services Crew Mike Cacciatore 2 brush hog mowers 1 high lift 1 dump truck 1 Bob Cat lift 11 Man Crew This will be a coordinated effort between the contractor and the three (3) departments of the City. All work will be closely monitored and weekly meetings will be held to insure that the goals of this plan are being met. RECEIVED AND FILED FROM THE COMPTROLLER No. 22 Certificate of Necessity Transfer of Funds Streets Sanitation - Capital Outlay 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 $60,843 be transferred and reappropriated within the Division of Street Sanitation, as set forth below: From: 15050007- Public Works, Parks & Streets - Street Sanitation - Bldg Flt Maint 474200 - Vehicles $38,525 490000 - Freeze Account $22,318 Total $60,843 To: 15020007- Public Works, Parks & Streets - Street Sanitation - Admin Svcs 474100 - Equipment $60,843 RECEIVED AND FILED NO. 23 CERTIFICATE OF APPOINTMENT Appointment Effective: April 30, 2001 In the Department of: Audit and Control Division of: Audit to the Position of: Senior Auditor Provisional Appointment at the: Intermediate Starting Salary of: $ 37,204 Marian LaMacchia 290 Woodside Ave. Buffalo, NY I q.2,2-0 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE PRESIDENT OF THE COUNCIL NO. 24 HAMPTON INN ABANDON PORTION CARY STREET As we discussed this afternoon we are requesting the City of Buffalo abandon the portion of Cary Street between Delaware and Elmwood Avenue. The intended use of the abandoned street would be parking for the Hampton Inn. If you have any questions or need any additional information, please give me a call. Page 11 01-0515ss-0502.txt RECEIVED AND FILED FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 25 Request Approval of Certificate of Current Base Proportions Attached find Certificate of Base Percentages, Current Percentages and Current Base Proportions. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. This Certificate was prepared by this department with the assistance of the New York State Office of Real Property Service, pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210-2714. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. Mrs. LoTempio. Moved: That the above communication from the Department of Assessment dated May 3, 2001 be received and filed; and That this Common Council approves the Certificate of Current Base Proportions pursuant to the Article 19 of the Real Property Tax Law as listed in the above communication. That the City Clerk be, and he hereby is authorized to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210-2714. Passed. AYES - 13 - NOES - 0 NO. 26 Request Approval of Certificate of Adjusted Base Proportions Attached find Certificate of Adjusted Base Proportions. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. This Certificate was prepared by this department with the assistance of the New York State Office of Real Property Service, pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign, date and forward said Certificate to the New York State office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210-2714. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. Mrs. LoTempio Moved: That the above communication from the Department of Assessment dated May 3, 2001 be received and filed; and That this Common Council approves the Certificate of Adjusted Base Proportions pursuant to the Article 19 of the Real Property Tax Law as listed in the above communication. That the City Clerk be, and he hereby is authorized to sign, date and forward said Certificate to the New York State Office of Real Property Service,, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210-2714. Passed. AYES - 13 - NOES - 0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS Page 12 01-0515ss-0502.txt NO. 27 NOTIFICATION SERIAL #9280 INSTALL NO TURN ON RED COLVIN AVENUE, SOUTHBOUND 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 38 of Chapter 479 of the Ordinances of the City of Buffalo be supplemented by adding thereto the following: TURNS PROHIBITED FACING STEADY RED SIGNAL Vehicles onat Intersection of Effective Period of Time Colvin AvenueAmherst Street7:00 - 9:00a.m. and traveling southboundnorthwest comer 3:00 - 6:00p.m. This action is being taken to increase the safety of vehicular traffic entering and exiting Nichols School from Amherst Street, per the school's request. NOTIFICATION SERIAL # 9281 INSTALL STOP SIGNS IN HUDSON STREET AT FARGO AVENUE STOP SIGNS (ALL-WAY) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an itern business. That that part of Subdivision 9 Section I I of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Hudson StreetFargo Avenue This action is being taken on behalf of residents of the area and as a result of a traffic study requested by the District Councilmernber. NOTIFICATION SERIAL #9282 REPEAL ALTERNATE PARKING - TYPE I VARIOUS LOCATIONS (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 PROHIBITED PORTION HIGHWAYBETWEEN ST SIDEPROHIBITED PERIOD Lyndhurst Ave.Wellington Rd. toNorthNo Parking 4pin Wednesday to 4prn Sunday Parkside Ave.SouthNo Parking 4pin Sunday to 4prn Wednesday Parkside Ave.Hertel Ave. toWestNo Parking 4pm Wednesday to 4pin Sunday Tacoma Ave.EastNo Parking 4prn Sunday to 4pm Wednesday Page 13 01-0515ss-0502.txt Admiral Rd.Hertel Ave. toWestNo Parking 4pm Wednesday to 4pm Sunday Tacoma Ave.EastNo Parking 4pm Sunday to 4pin Wednesday Wallace Ave.Hertel Ave. toWestNo Parking 4pin Wednesday to 4prn Sunday Tacoma Ave.EastNo Parking 4prn Sunday to 4pin Wednesday Wingate Ave.Wallace Ave. toNorthNo Parking 4pin Wednesday to 4pm Sunday Starin Ave.SouthNo Parking 4pni Sunday to 4pm Wednesday This action is being taken to provide for new Alternate Type 22K 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 6:00pin (as opposed to 4:00pm). NOTIFICATION SERIAL #9283 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 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 HIGHWAYBETWEENST SIDEPROHIBITED PER Lyndhurst Ave.Wellington Rd. toNorthNo Parking 6prn Monday to 6pm Thursday Parkside Ave.SouthNo Parking 6pm Thursday to 6pm Monday Parkside Ave.Hertel Ave. toWestNo Parking 6pm Monday to 6pm Thursday Tacoma Ave.EastNo Parking 6pm Thursday to 6pm Monday Admiral Rd.Hertel Ave. toWestNo Parking 6pm Monday to 6pm Thursday Tacoma Ave.EastNo Parking 6prn Thursday to 6prn Monday Wallace Ave.Hertel Ave. toWestNo Parking 6pm Monday to 6pm Thursday Tacoma Ave.EastNo Parking 6pm Thursday to 6pm Monday Wingate Ave.Wallace Ave. toNorthNo Parking 6pm Monday to 6pm Thursday Starin Ave.SouthNo Parking 6pm Thursday to 6pm Monday This action is being taken to provide for new Alternate Type 2K parking. This parking follows the same principals as the existing Alternate Type I parking which has been in effect since the late 1970's (one side of the street parking at 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). RECEIVED AND FILED Page 14 01-0515ss-0502.txt NO. 28 REPORT OF BIDS HEATER/SCARIFYING & COLD MILLING OF CITY PAVEMENTS - 2000, GROUP #555 ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids for the Heater/Scarifying of City Pavements - 2001, Group #555. 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. Locations are in conjunction with our 2001 paving list which is attached. The following bids were received: Base BidUnit Price Increase Highway Rehabilitation Corp. $361,387.50$397,526.25 100 Stradtman Road Cheektowaga, New York 14206 *Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is Highway Rehabilitation Corp. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $397,526.25 ($361,387.50 Base Bid + 10% unit price increase $36,138.75 = Total Award $397,526.25). Funds for this work are in Capital Project Account # 35310806. The engineer's estimate for this work is $400,000.00. The attached is certified to be a true and correct statement of the lowest bid 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 16, 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 May 3, 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 Heater/Scarifying & Cold Milling of City Pavements -2000, Group #555 to 11ighway Rehabilitation Corp., the lowest responsible bidder, in an amount of $397,526.25 ($361,387.50 Base Bid + 10% unit price increase $36,138.75 = Total Award $397,526.25. Funds for this project are available in Capital Project Account #35310806. That the Commissioner of Public Works, Parks and Streets will discuss with the lowest responsible bidder the usage of minority and women owned business enterprises and the utilization of minorities and women in the workforce for this project. PASSED AYES - 13 NOES- 0 NO. 29 REPORT OF BIDS REPAIR TO HAZARDOUS SIDEWALKS CITY-WIDE, 2001 - GROUP #568 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 the Repair to Hazardous Sidewalks Citywide, 2001 - group #568. This contract is necessary to effectuate immediate repairs to City Clerk hazardous condition notices, accident damage locations and liability trip hazards - citywide. 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 Page 15 01-0515ss-0502.txt performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base BidUnit Price Increase P & J Construction Co., Inc. $96,270.00 $105,897.00 709 Pleasantview Dr., Lancaster, NY 14086 C & C Contractors, Inc. $102,425.00 $112,667.50 971 Ransom Rd., Lancaster, NY 14086 Master's Edge, Inc. $120,314.00 $132,345.40 1807 Elmwood Ave., Buffalo, NY 14207 Aragona Construction Corp.$129,188.50* $142,107.35* 5755 New House Rd., East Amherst, NY 14051 A.B.P. Concrete Construction, Inc. $173,076.50 $190,384.15 3407 Delaware Ave., Kenmore, NY 14217 *Adjusted Amount 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 $105,892.00 ($96,270.00 Base Bid + 10% unit price increase $9,627.00 = Total Award $105,897.00 ). Funds for this work are in Capital Project Accounts # 35310806, 934310506 & #30032106. The engineer's estimate for this work is $125,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by June 9, 2001. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 2, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to award a contract for Repair to Hazardous Sidewalks City-Wide - 2001, Group #568 to P & J Construction Co., Inc., the lowest responsible bidder, in an amount of $105,897.00 ($96,270.00 Base Bid + 10% unit price increase $9,627.00 = Total Award $105,897.00. Funds for this project are available in Capital Project Accounts #35310806, #34310506 & #30032106. That the Commissioner of Public Works, Parks and Streets will discuss with the lowest responsible bidder the usage of minority and women owned business enterprises and the utilization of minorities and women in the workforce for this project. PASSED AYES - 13 NOES - 0 NO. 30 REPORT OF BIDS SOUTH PARK, MCCLELLAN CIRCLE & MCKINLEY CIRCLE, GROUP 4552 ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids for South Park, McClellan & McKinley Circle, group 9552. 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: Page 16 01-0515ss-0502.txt Base Bid Alt #1Alt #2 P & J Construction Co., Inc.$522,943.75 $34,030.00 $29,130.00 709 Pleasantview Dr., Lancaster, NY 14086 UPI $644,714.12 Thomann Asphalt Paving Corp.$594,004.75 $31,800.00 $27,720.00 56 Gunville Rd., Lancaster, NY 14086 UPI $712,135.12 Master's Edge, Inc.$612,594.00 $35,890.00$29,650.00 1807 Elmwood Ave., Buffalo, NY 14207 UPI $736,744.37 Sicar, Inc.$618,564.75* $36,199.00$30,575.001128 Jamison Rd., Elma, NY 14059 UPI $743,949.12 C. Destro Development Co., Inc.$685,166.25 $28,150.00 $24,650.00 3150 Seneca St., Buffalo, NY 14210 UPI $796,576.62 *Adjusted Amount 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 $644,714.12 ($522,943.75 Base Bid plus $34,030.00 Alternate #I plus $29,130.00 Alternate #2 plus $58,610.37 - 10% unit price increase $644,714.12 Total Award). The engineer's estimate for this work is $625,000. Funding for this project consists of State grants awarded to the Olmsted Parks Conservancy and City capital fiinds in accounts #30032106 and #34310506. Permission is requested from Your Honorable Body to accept funds from the Conservancy into our capital accounts to facilitate this work. 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 9, 2001. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio moved That the above communication from the Commissioner of Public Works, Parks and Streets dated May 9, 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 South Park, McCellan & McKinley Circle, Group #552 to P & J Construction Co., Inc., the lowest responsible bidder, in an amount of $644,714.12 ($522,943.75 Base Bid plus $34,030.00 Alternate #1 plus $29,130.00 Alternate #2 plus $5 8,610.3 7 - 10% unit price increase = $644,714.12 Total Award). Funds for this project are available in State grants awarded to the Olmsted Parks Conservancy and City capital funds in accounts #30032106 and #34310506. PASSED AYES - 13 NOES - 0 NO. 31 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER RESTORATION OF HOUSE EXTERIOR I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Restoration of House Exterior, Summit Construction Group, Inc., C #92010217. 1.Changes required to the fire escape structure to adapt them to unknown internal wall conditions. Add $ 30,957.00 The foregoing change results in a net increase in the contract of Thirty Thousand Nine Hundred Fifty Seven and 00/100 Dollars ($30,957.00). Summary: Current Contract Amount$1,264,975.00 Amount of This Change Order (#4) Add $ 30,957.00 Revised Contract Amount $1,295,932.00 Costs have been reviewed by the Consulting Architect (Kideney Architects), the Construction Manager (Ciminelli-Cowper), and the Department of Public Works, Parks & Streets and were found to be Page 17 01-0515ss-0502.txt fair and equitable. Funds for this work are available in Capital Bond Account 35321306 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 2, 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 Summit Construction Group, Inc., an increase in the amount of $30,957.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Restoration of House Exterior, C #92010217. Funds for this project are available in Capital Bond Account 3 5321306 445 100 - Division of Buildings. PASSED AYES - 13 NOES - 0 NO. 32 D. DIHAAN REQUEST ASSISTANCE - 1380 JEFFERSON ITEM #84, C.C.P. MAY 1, 2001 The referenced item was sent to this department for comment. 1380, 1382 and 1389 Jefferson are privately owned properties in the City of Buffalo, as such it would be a violation of State and local laws for this department to assist in improving the properties without properly charging the owner for our services. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 33 DEDICATE THE NORTH END OF SQUAW ISLAND AS PARKLAND ITEM #200, C.C.P. MAY 1, 2001 The referenced item was referred to this department for comment. The department supports and endorses the Council's plan to have the north end of Squaw Island dedicated as parkland once the capping of the landfill is complete. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 34 EASEMENT AGREEMENT CITY OF BUFFALO NIAGARA MOHAWK 923 FILLMORE AVENUE CCP 4/17/01 ITEM #21 This is in response to the subject item, which was referred to our department for review and comment. The overhead easement in question crosses a vacant lot which does not involve the street right oh way on Fillmore Avenue. Based on this information our department has no jurisdiction in this matter. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS NO. 35 EASEMENT AGREEMENT CITY OF BUFFALO/ VERIZON 3242 MAIN STREET CCP 4/17/01 ITEM #10 This is in response to the subject item, which was referred to our department for review and comment. The proposed 10' overhead easement is necessary to provide Page 18 01-0515ss-0502.txt telecommunication facilities to the Gloria J. Parks Community Center at 3242 Main Street, Buffalo, New York. Our department has no objection to the proposed easement subject to the following conditions: 1) Poles and aerial cable locations in the right of way are subject to approval by our department. 2) Method at attachment to the community center are approved by the City Architect's office. Mrs LoTempio moved That the Easement Agreement between the City of Buffalo and Verizon for 3342 Main St be and it hereby is approved subject to the condition as listed in the above communications. PASSED AYES - 13 NOES - 0 NO. 36 OFFICE OF TELECOMMUNICATIONS, FRANCHISE AGREEMENT COB/ADELPHIA The franchise agreement between the City and Adelphia contains a provision for a customer satisfaction and viewer preference survey to be conducted at least every two years at the Franchisee's expense (Section 27.0). It includes provisions that the survey be conducted by an independent research organization, and that the City has the right to review the survey document and recommend changes. I would like to request at this time that you prepare such a survey for the City of Buffalo. With all of the changes that have been implemented recently or are being planned for the immediate future, it seems to be an appropriate time for such an undertaking. The City would like to work closely with you in developing the questions for such a survey. If you would like to discuss this further please call me at 851-4297. Thank you in advance for your consideration. Sincerely, Thomas M. Tarapacki Director REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNCATIONS NO. 37 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 May 10, 200 1, be received and filed; and That the Common Council authorizes the transfer of $250,000 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, which has not yet been sold. PASSED AYES - 13 NOES - 0 NO. 38 PERMISSION TO HIRE CONSULTANT AND RECEIVE BIDS - WEST CHIPPEWA STREET IMPROVEMENTS Page 19 01-0515ss-0502.txt I hereby request permission of Your Honorable Body to authorize the Commissioner of Public Works, Parks and Streets to engage the services of an architectural/engineering consultant to develop plans and receive bids for West Chippewa Street Improvements. A total of approximately $200,000 will be available in the 2000-2001 City of Buffalo Capital Project Account. This department has been working with the Chippewa Business and Property Owner's Association and would like to have these improvements constructed this construction season. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 9, 2001 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to engage the services of an architectural/engineering consultant to develop plans, and receive bids for West Chippewa Streets Improvements. Funds for this project are available in the 2000-2001 City of Buffalo Capital Project Account. PASSED AYES - 13 NOES - 0 NO. 39 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: 76 th Annual New York State Elks Convention & Parade - May 27, 2001 (being held at 301 Genesee Street) The above named event is sponsored in part by the representing group or organization and the City of Buffalo, Division of Parks and Recreation. The above named event follows the criteria that we have established for our Department's Co-sponsorship: 1. A non-religious event in a park or playground, including Niagara Square. 2. The event provides a public benefit and is free to the public. 3. An event initiated by the Mayor's Office or any City Department. 4 An 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 May 7, 2001 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to waive the fee for the rental of the Bandwagon for the 760' Annual New York State Elks Convention & Parade - May 27, 2001 (being held at 301 Genesee Street). PASSED AYES - 13 NOES - 0 NO. 40 REQUEST TO CLOSE CARY STREET TO THRU TRAFFIC - HAMPTON INN PROJECT Our department has received a request from the Benderson Development Company (Hampton Inn) to close Cary Street to thru traffic between Delaware and Elmwood Avenues. The purpose of this request is to create an angle parking area for guests at the new Hampton Inn. The proposed plan would create approximately 25 Page 20 01-0515ss-0502.txt parking spaces. This section of Cary Street is presently one way westbound with the only abutting property owners being the Hampton Inn on the north side and the Federal Building on the south. Our department has no objection to this request as traffic volumes are minimal and Cary Street was of Elmwood is a dead end. It is requested that Your Honorable Body consider this request and coordinate it's review and possible approval with appropriate involved agencies. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 41 1459 HERTEL AVENUE REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mr. Anthony Lagambina, owner of Club Liquid Bar, located at 1459 Hertel Avenue, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure 45 feet in length and project 8 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 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 45 feet in length or extend more than 8 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 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 Buffilo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLAMNNING BOARD NO. 42 926 MAIN STREET REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mr. Kenneth Pratt, owner of Sebastian's Restaurant, located at 926 Main Street, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure 18 feet in length and project 8 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 Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said sidewalk cafe provided the following Page 21 01-0515ss-0502.txt 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 18 feet in length or extend more than 8 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 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 out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 43 3260 MAIN STREET REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mr. Vincent Guarino, owner of the Coffee Bean Cafe, located at 3260 Main Street, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure 15 feet in length and project 6 feet from the building face into City right of way. The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of 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 15 feet in length or extend more than 6 feet from the building face. 4.That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right of way from November 15 to April 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 out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 44 Page 22 01-0515ss-0502.txt 85 WEST CHIPPEWA STREET REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE Mr. Don Whalen, owner of the Barrel House Bar & Restaurant, located at 85 West Chippewa Street, has requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure 26 feet in length and project 5 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 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 26 feet in length or extend more than 5 feet from the building face. 4.That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5.That the sidewalk cafe be completely removed from City right of way from November 15 to April 1 each year. 6.That the applicant be assessed the annual fee of $1.30 per square foot of City right of way occupied by said sidewalk cafe as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7.That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss arising out of the construction, maintenance, use and removal of said sidewalk cafe. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 45 REPAIR TO CITY PAVEMENTS - 2001 GROUP 9553 ITEM # 126,C.C.P.3/3/98 This is to advise Your Honorable Body that I have advertised and received bids for the Repair to City Pavements, 2001, Group ~'55_33. Locations for this work are street repair areas on our 2001 overlay list and other emergency situations as they arise. 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 Thomann Asphait Paving Corp.170,762.50 187,838.75 Gunvil!e Rd., Lancaster, New York 14086 .Master's Edge Inc182,492.00 199,568.25 1807 Elmwood Ave., Buffalo, NY 14207 Birch Grove Lanoscaping & Nursery, Inc. 204,000.00 221,076.25 117 Bear, Cowlesville, New York 14037 I hereby certify, that the lowest responsible bidder for the above project is Thomann Asphalt Paving Corp. I Respectfully recommend that your Honorable Body authorize a contract award in the amount of $187,838.75 ($170,762.50 076.25 101/` unit price increase ~ $187,83 8.75 Total Award). Funds Page 23 01-0515ss-0502.txt for this work are in Capital Project account# 35310806 & #30032106. The engineer's estimate for this work is $200,000.00. The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by June 9, 2100 1. Individual bid submission 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 May 10, 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 Repair to City Pavements - 2001, Group #553 to Thomann Asphalt Paving Corp., the lowest responsible bidder, in an amount of $187,838.75 ($170,762.50 Base Bid plus $17,076.25 -10% unit price increase = $187,838.75 Total Award). Funds for this project are available in Capital Project Account #35310806 and #30032106. That the Commissioner of Public Works, Parks and Streets will discuss with the lowest responsible bidder the usage of minority and women owned business enterprises and the utilization of minorities and women in the workforce for this project. PASSED AYES - 13 NOES - 0 NO. 46 TELECOMMUNICATIONS ANNUAL REPORT Attached please find the annual report prepared by the Division of Telecommunications, Utilities and Franchises. REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS NO. 47 CERTIFICATE OF APPOINTMENT Appointment Effective: April 27, 2001 in the Department of Public Works, Parks & Streets, Division of Engineering to the Position of Associate Engineer, Provisional Appointment at the Maximum Starting Salary of: $ 58,134.00 Seyed A. Ghasemi, 161 Whitehall Ave, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 48 CERTIFICATE OF APPOINTMENT Appointment Effective: May 1, 2001 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Recreation Instructor, provisional Appointment at the Intermediate Starting Salary of: $ 28,013.00 Larry Middlebrooks, 141 Leroy Ave, Buffalo 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 49 CERTIFICATE OF APPOINTMENT Appointment Effective: MaY14,2001 in the Department of Public Works, Parks, Streets, Division of Recreation to the Position of Recreation Instructor, Permanent, Appointment at the: Maximum Starting Salary of: $30,525.00 James Harrington, 59 Rogers Avenue, Buffalo 14211 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL No. 50 Buffalo Equal Opportunity Minority, Page 24 01-0515ss-0502.txt Women, Small and Local Business Enterprises Emergency Act--2001 C.C.P., 3/6/01, No. 79 C.C.P., 3/20/01, No. 55 C.C.P., 4/3/01, No. 56 Enclosed is the Request for Qualifications for Consultant to Conduct Disparity Study ("RFQ") dated May 3, 200 1. The consultant selected in this RFQ process will study Minority Business Enterprise and Women Business Enterprise (collectively "MBE/WBE") contracting with the City and other municipal entities within City limits (such as the Buffalo City School District, BURA, Buffalo Water Board, Buffalo Sewer Authority, BNRC, and BERC). This department, in consultation with the Departments of Public Works, Parks and Streets; Administration and Finance-, Community Services; members of the Common Council; and others interested within City government, wrote this RFQ. We sent a copy of the RFQ to each of the consultants on the attached list who have conducted disparity studies for other jurisdictions, as well as to the State University of New York at Buffalo. The deadline for responses to the RFQ is Monday, July 2, 2001. The RFQ calls for review of the submissions to the RFQ and selection of the consultant by an ad hoc review panel consisting of representatives of the relevant departments, including representation from the Common Council. We request that the Council President designate one representative from the Council to serve on the review and selection panel. REFERRED TO THE SPECIAL COMMITTEE ON MINORITY BUSINESS ENTERPRISE COMMITTEE AND THE COUNCIL PRESIDENT No. 51 Informational Item Compromise of a Liability Matter re Police Officer Jeffrey R. Weyand This is an informational item to report a compromise of a liability owed to City of Buffalo that the Corporation Counsel consented to pursuant to Section 3-24 of the Charter. On June 16, 2000, Police Officer Jeffrey R. Weyand was involved in an on-duty accident. His vehicle was rear ended by a vehicle operated by Verlaine McNab. Officer Weyand sustained minor physical injuries in the accident. He filed a personal injury claim against Ms. McNab. The City of Buffalo has a possible claim against Ms. McNab for approximately $1,500 for wage payments in excess of no-fault benefits paid to Officer Weyand. The City of Buffalo has agreed to accept the sum of $1,000 in full settlement of its wage claim against Ms. McNab. There is a serious question as to whether the City has a legal claim. The City may only sue if the officer sustained a "serious injury" as defined under the insurance law. It does not appear that the officer sustained a serious injury. In addition, the City is saving the cost of bringing a formal lawsuit, including the cost of filing fees, deposition transcripts, subpoena fees, etc. RECEIVED AND FILED NO. 52 Lease - Neighborhood Food Pantry 62 Republic Street Please find enclosed for your review a proposed lease with the Neighborhood Food Pantry located at 62 Republic Street, the Old First Ward Community Center. Mrs LoTempin moved That the proposed lease between the Neighborhood Food Pantry and the City of Buffalo for 62 Republic St be hereby approved; and That the Mayor be and hereby is authorized to execute the lease for 62 Republic St Page 25 01-0515ss-0502.txt PASSED AYES - 13 - NOES - 0 No. 53 MWBE Participation on City of Buffalo Contracts C.C.P., 5/1/01, No. 225 The above resolution requires the adoption of participation goals for Minority Business Enterprise and Women Business Enterprise (collectively "MBE/WBE") for projects within the Masten District, requires inclusion of those goals in bid specifications for those projects, and requires each department or authority of the City to enact minimum MBE/WBE participation goals. Prior resolutions requesting participation goals for individual projects or district-wide projects, see, for example C.C.P., 6/23/98, No. 190, sought the contracting departments use their best efforts to include MBE/WBE participation. Unlike those prior requests, this resolution requires adoption of participation goals and incorporating the goals into bid specifications for projects. Incorporating such participation goals in the bid specifications, and requiring departments and authorities to adopt participation goals within their by-laws or regulations, is the same as if the Common Council enacts an ordinance to that effect. As we previously advised you (C,C,P., 1/12/99, No. 26; C.C.P., 12/14/99, No. 44; 3/20/01, No. 55; C.C.P., 4/3/01, No. 56), under the Equal Protection Clause of the United States Constitution the item may be subject to strict scrutiny under the Equal Protection Clause requiring the factual predicate of past discrimination to warrant the participation goals; a stated compelling governmental interest for the participation goals, and proof that the participation goals are narrowly tailored in duration ( ' such as with a sunset provision) and scope. The rationale for the participation goal percentages needs to be established as well as establishing how those percentages are narrowly tailored to remedy the past discrimination. Enacting such participation goals also may be outside of the City's authority under New York State procurement law. The twin purposes of New York procurement law is to protect the public treasury by obtaining the best work at the lowest possible price and preventing favoritism, improvidence, fraud and corruption in awarding public contracts. Associated General Contractors v. New York State Thruway Authority, 88 N.Y.2d 56, 67 (1996). While bidding preconditions are not unlawful per se, they are invalid if they impede competition and bear no rational relationship to obtaining the best work at the lowest price. General Contractors Ass'n of N.Y Inc. v. Tormenta, 180 Misc. 2d 384, 687 N.Y. S.2d 871, 875 (Sup. Ct. N.Y. County), f 259 A.D.2d 177 (Dept 1999). Any ordinance, local law or bid specification which establishes a precondition to the awarding of a contract to the lowest responsible bidder is inconsistent with General Municipal Law  103 and is invalid unless that precondition is authorized by state legislation or predates the enactment of  103. Empire State Chapter Associated Builders & Contractors v. County of Niagara, 161 Misc. 2d 537, 539 (Sup. Ct. Niagara County 1994) (citing Associated Builders & Contractors v. City of Rochester, 67 N.Y.2d 854, 855 (1986)). Even if the precondition has a benevolent purpose, such as an apprenticeship program in the City of Rochester case, it conflicts "with the more predominate purpose espoused in the competitive bidding law." Empire State, supra, 161 Misc. 2d at 540. While there may be excellent reasons for adopting a given precondition, its inclusion in the bid specifications constitutes an unlawful intrusion into the area of mandated competitive bidding. Id. Furthermore, the State Comptroller and the courts have determined municipalities may not require in bid specifications that the contractor list their proposed subcontractors, Op. St. Compt. 79-720, at 144 Page 26 01-0515ss-0502.txt (1979)-, General Builders Contractors Qf N. Y S., Inc. v. City Qf '5yracuse, 40 A.D.2d 584, 584-85 (4tb Dep't 1972), modifiedon other grounds, 32 N-Y.2d 780 (1973). Sucha listing may be required by this resolution's MATBE utilization plan. According to the State Comptroller, "the choice of subcontractors, in the first instance, is a decision of' the contractor, not the municipality, The identity of the subcontractors is not directly relevant to the municipality's determination of the lowest responsible bidder and a bidder should not be disqualified on the basis of the subcontractors he proposes to use." Op. St. Compt. 79-720, at 144. Including such participation goals into the bid specifications is no different from the Council enacting an ordinance requiring such goals. Thus, the concerns raised about the proposed ordinance to that effect, C.C.P., 3/6/01, No. 79, also apply here, C.C.P., 3/20/01, No. 5 5; C. C. P., 4/3/0 1, No. 5 6. For the reasons stated above and therein, such a bid requirement may not be enforceable. On the final resolve calling for the appointment of a Procurement Committee as called for in the City Charter, the Charter establishes a Procurement Policy Board. Charter  10-30. That board is a seven-member body, three members appointed by the Mayor (with Council consent), two appointed by the Board of Education, one appointed by the Buffalo Municipal Housing Authority, and one appointed by the Buffalo Sewer Authority. The other bodies proposed for appointment to the committee in this resolution are not called for in the Charter. The Mayor (as well as the other appointing authorities) may consider representation from these bodies provided that the individuals nominated "have demonstrated sufficient business or professional experience to discharge the functions of the board," Charter  10-30. REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 54 Incentive, Decrease construction and remodeling work done without proper permits Item No. 199, C.C.P. 5/ 1/01): I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. As your Honorable Body is aware the Department of Permit and Inspection Services makes inquiry of an owner or contractor performing construction work as to where the debris left over from a construction project is to be disposed of. This policy was adopted not only to monitor construction work but also to eliminate the practice of illegal dumping. Debris discarded from illegal projects being performed without a permit, not only puts an added burden on the Department of Street and Sanitation but also encourages illegal dumping. The proposal to have a homeowner or contractor receive the benefit of a discounted rate for the disposal of construction debris at the South Ogden Transfer Station is an idea worth further consideration. Please also be advised the if further input or any information is needed by your Honorable Body, we in the Department of Pen-nit and Inspection Services are available to assist in any way. It is my sincere hope that this response satisfies your inquiry. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL No. 55 Second Hand Dealer 242 Grant Pursuant to Chapter 254 of the City of Buffalo Ordinances, please Page 27 01-0515ss-0502.txt be advised that I have examined the attached application for a Second Hand Dealer License located 242 Grant and find that as to form it is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Misael Hernandez. The attached thereto for Misael Hernandez d/b/a US Steamer Truck. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 56 Used Car Dealer 181 Delaware 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 181 Delaware and rind that as to form it is correct. I have cause an investigation into the premises for which said application for a used car dealer license is being sought an according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I rind complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of David Olewniczak. The attached thereto for David Olewniczak d/b/a Dave's Direct Performance Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 57 Used Car Dealer 1905 Genesee 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 1905 Genesee and rind that as to form it is correct. I have cause( an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find i complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Huey Gunn. The attached thereto for Huey Gunn d/b/a Buy Best Auto Sales. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION No. 58 Used Car Dealer 2134 Genesee 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 2134 Genesee and find that as to form it is correct. I have cause an investigation into the premises for which said application for a used car dealer license is being sought an according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I rind i complies with all regulations and other applicable laws. I have caused and investigation by the Police Department into the moral character of Gregory Giuga. The attached thereto for Gregory Giuga d/b/a Straight Line Auto Inc This request is submitted for your approval or whatever action you deem appropriate. Mrs. LoTempio Moved: That the above communication from the Commissioner of Permit and inspection Services dated May 9, 2001, be received and filed; and Page 28 01-0515ss-0502.txt That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to Gregory Giuga, d/b/a Straight Line Auto Inc., located at 2134 Genesee Street. Passed. AYES - 13 - NOES - 0 No. 59 Used Car Dealer 2086 Niagara Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attach application for a Used Car Dealer License located 2086 Niagara and rind that as to form it is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought at 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 Dennis Michael Thomas. The attached thereto for Dennis Michael Thomas d/b/a M D's Auto Center. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION No. 60 Certificate of Appointment Appointment Effective: May 7, 2001 in the Department of Permit and Inspection Services Division of Inspections to the Position of Building Inspector Permanent Appointment at the: Intermediate (Step 2) Starting Salary of. $ 39,350. John P. Plevniak 759 Richmond Ave Buffalo, NY 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE No. 61 Agreement for Debt Recovery Services Mercantile Adjustment Bureau I am submitting the attached agreement between the City and Mercantile Adjustment Bureau for your Honorable Body's approval, as discussed during my Department's budget hearings. The agreement covers collection services for unpaid parking violations and administrative adjudication summonses. Shannon Petrucci, Len Sciolino, Linda Scott and I are all available to discuss the agreement should you desire. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND FINAN-CE-- FROM THE COMMISSIONER OF COMMUNITY SERVICES NO. 62 PERMISSION TO ENTER INTO AND ACCEPT A CONTRACT. NYS CRIMINAL JUSTICE SERVICE (DCJS) 2001-02 1. The Division for Youth asks permission to enter into and accept a grant contract from the New York State Department of Criminal Justice Services (DCJS) for $22,500.00. The contract is operative from March 1, 2001 to February 28, 2002. 2. Provide an inter-fund loan for $22,500.00, the amount of the grant contract, until reimbursement for expenses set off against this amount are received from DCJS. PROGRAM HISTORY: The grant is for operating the third year of a very successful, comprehensive behavior modification program serving 400 Buffalo public school children ages 10 to 15. The Program, titled Project LEE, Page 29 01-0515ss-0502.txt Inc., the Learning and Earning program, is in the third year of operation with full funding for $45,000 or 100% of expenses provided each of the prior two years by DCJS. DCJS is current on all reimbursement claims to date. The program is to be funded 50% by the City of Buffalo ($22,500) and 50% by DCJS ($22,500) for the current operating year from March 1, 2001 to February 28, 2002. The Mayor's budget has requested $22,500 in City funds for the program for the next fiscal year, July 1, 2001 to June 30, 2002. This will cover operating expenses for much of the second half of the program year, July 1, 2001 to February 28, 2002. PROGRAM GOALS: To provide 400 age 7 to 15 at risk youths, defined as those failing academically, demonstrating violent behavior in school or the community, tools for re-assessing and changing their behavior. This is done through at least one workshop per week for 15 to 20 students per school site. There are four school sites each served once or more per week. Motivational speakers, and creative problem solution workshops are to improved attitudes, foster less violent behavior and increase academic performance. Program participants fellow classmates act as academic mentors, scholastically competent accountability partners, with the goal of reaching 85% of the at risk students with measurable improvement in grades. In addition to academic assistance, workshop sessions will be specifically designed to deter violent behavior, increase self-esteem by controlling W.A. R., Worry Anger and Resentment, and show greater goodwill towards teachers and classmates. The program also provides for an adult male mentor to meet the student twice per month for added individual attention and reinforcement of goals. The program is well regarded and has been followed by the Department of Criminal Justice Services with great enthusiasm. It is the present intention of the Division for Youth to provide assistance to the Project L.E.E. directors, the Reverends Eugene Coplin and Terriann Coplin, finding a source of funds other than the City of Buffalo Youth Division to continue operating the program after March 1,2002. Mrs. LoTempio Moved: That the above communication from the Division of Youth dated May 7, 200 1, be received and filed; and That the Executive Director of Youth be, and he hereby is authorized to accept a grant contract from the New York State Department of Criminal Justice Services for Project LEE, Inc., the Learning and Earning program in the amount of $22,500.00 from March 1, 2001 to February 28, 2002. That the Comptroller be, and he hereby is authorized to provide an interfund loan for $22,500.00, until reimbursement for expenses set off against this amount are received from DCJS Passed. AYES - 13 - NOES - 0 No. 63 Permission to enter into and accept a contract NYS Office of Children & Family Service The Division for Youth request permission from the Common Council to accept a grant for $4,000.00 originating from the New York State Office of Children and Family Services to fund year three of the program titled "Minority Careers in Law Enforcement." The grant will fund educational seminars and graduation ceremony for 20 City of Buffalo public school students. The high school junior and senior students are assigned by participating schools. The Division for Youth, the Police Departments of Buffalo, Eric County and New York State conduct one three hour seminar for 14 consecutive weeks starting February 2001 and ending May, 200 1. A comprehensive overview of multiple aspects of law enforcement career options and duties are discussed. The final session is a graduation ceremony held May 21, Page 30 01-0515ss-0502.txt 2001 at the State Police Headquarters in Albany, New York. Certificates and plaques will be given at the graduation ceremony. This is the third year of the program, and to date, die project has been almost entirely paid for by the State of New York. We anticipate the grant will cover nearly 100% of the present program year expenses. The program is very popular with all student and participating agencies. Mrs. LoTempio Moved: That the above communication from the Division of Youth dated May 7, 200 1, be received and filed; and That the Executive Director of Youth be, and he hereby is authorized to accept a grant contract from the New York Office of Children and Family Services for "Minority Careers in Law Enforcement in the amount of $4,000.00 from February 2001 to May 200 1. Passed. AYES - 13 - NOES - 0 No. 64 Certificate of Appointment Appointment Effective May 7,2001 in the Department Div. Of Substance Abuse Services Appointment Intermediate Starting Salary of $27,618.00 Anthony Draffin 133 Park St Buffalo, NY 14201 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF HUMAN RESOURCES No. 65 Certificate of Appointment Appointment Effective: April 25, 2001 in the Department of Human Resources Division of Civil Service Commission to the Position of Laborer I Permanent Appointment at the: Intermediate Starting Salary of: $ 10.18 Loretta Mathewson 454 Breckenbridge Buffalo, NY 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 66 Certificate of Appointment Appointment Effective: May 9, 2001 in the Department of Human Resources Division of Civil Service Commission to the Position of at the: Intermediate Starting Salary of: $ 28,809. Willie McLaughlin 70 Phyllis Ave Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSION ON CITIZENS RIGHTS AND COMMUNITY RELATIONS NO. 67 Certificate of Appointment Appointment Effective: April 30, 2001 in the Department of Community Services Division of Citizens Rights & Community Relations to the Position of Community Relations Advocate Appointment at the: Flat Starting Salary of: $ 39,467 Doris Carbonell-Medina 254 Rounds Ave. Buffalo, New York 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BOARD OF EDUCATION No. 68 Authorization of Municipal Bond Bank Agency Agreement" Item no. 22 C.C.P. April 17, 2001 The School District did address this item at caucus on Monday, April 30, 2001. The School District and the City will have an agreement in the very near future, which addresses the payments to be made by the School District for the financing of the $25 million. REFERRED TO THE COMMITTEE ON EDUCATION Page 31 01-0515ss-0502.txt NO. 69 CAROLINA/FOURTH STREET SITE The attached is for your information and use. REFERRED TO THE COMMITTEEON COMMUNITY DEVELOPMENT NO. 70 "B. Miller-Williams-G./Hubbard unavail. Transportation-King Urban Ctr./Chart. Sch "D. Khahaifa-concerns-Tramsp, MCharter Schools" "Mem. Bd. Of Ed/Joint Sch. Board Prioritize High School-Loc. at Kens. Heights" Item no. #101, #102, #103, #210, C.C.P., April 17,2001 Issues # 10 1, # 102, and # 103 are in the Board of Education's Transportation Committee for recommendation. The Council will be sent a copy of their recommendation when available. Issue #210 the future of BVTC is currently under review. The Board of Education will consider recommendations at the June 27, 2001 Board Meeting. REFERRED TO THE COMMITTEE ON EDUCATION NO. 71 "Glen-Main Block Club-Bflo. Voc. Ctr." "E. Nunn-Req. Assist.-Outside Tennis Cts.-W. Hertel Pkg. Lot" "Parents for Pub. Schools Leadership Team Fndg for Bflo. Public Schools" "B. Grant-L. Jackson-concerns Granddaughter-School #68" Ex. Item no. #85, #88, #89, #92, #227 C.C.P., May 1, 2001 Issues #85. The future of BVTC is currently under review. The Board of Education will consider recommendations at the June 27, 2001 Board Meeting. Issue #88. This endeavor was initiated by staff at Citicorp North America Inc., who are business partners with West Hertel Academy. The Board of Education supports their efforts. Issue 489. This issue should be answered by Mayor Masiello's Office. Issue #92. Rosalyn Taylor, Assistant Superintendent for Elementary Education, conducted a meeting on May 7, 2001 with the Principal, Teacher, Union Representative and Supervisor of Music. The student will not be attending class for the rest of the year but will receive materials to work on. The Supervisor of Music will grade the final exam. The Teacher will be dealt with according to contractual guidelines. This is a personal item and disciplinary actions cannot be made public. Issue #227. The Superintendent has initiated the "Buffalo School Reform Agenda" as a result of a management study conducted by the Council of Great City Schools. There are Task Forces dealing with Accountability, School Choice, Student Achievement, Decentralization and Professional Development. The requests made by Antoine Thompson cannot b.- answered until the committees complete their work. A draft recommendation will be submitted to the Board of Education later this month. The draft will then be discussed/reviewed at a public hearing to be held during the summer months. After community input, a proposal will be submitted to the Board for approval and information. REFERRED TO THE COMMITTEE ON EDUCATION FROM THE BUFFALO SEWER AUTHORITY NO. 72 B. Grant-R. Vetter- Concerns -Undrained Land Nicholson/Kenmore Item #95, CCP - May 1, 2001 Page 32 01-0515ss-0502.txt The aforementioned item was referred to the Buffalo Sewer Authority for commend and/or recommendation. Please be advised that the Buffalo Sewer Authority has investigated the complaint regarding the standing water behind 105 Nicholson Street and the Director of Sewer Maintenance has spoken with the homeowner, Mr. & Mrs. Robert Vetter. Behind their Nicholson Street property, there is vacant property that is wooded and below grade. During the rainy season, ponding does develop and this situation could cause a breeding environment for mosquitoes. The Buffalo Sewer Authority has no involvement whatsoever in this problem. We suggest that the rightful owner of this land be identified so they can take the proper steps to ensure that the mosquito problem is resolved. If the Buffalo Sewer Authority can be of any further assistance, please do not hesitate to notify me. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION No. 73 Info A. MACK Fin. Disclosure I am writing to inform you for your records that Alfonso Mack is no longer an employee of Buffalo Economic Renaissance Corporation (BERC). You had sent a letter informing him of the deadline for filing the Annual Statement of Financial Disclosure. RECEIVED AND FILED FROM THE CITY CLERK NO. 74 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business NameOwner's Name 49 Chippewa StLiarsJames Valenti 423 ElmwoodAstoriaGeorge Vergos 1735 Hertel1735 HertelGerald Burgin 1112 KenmoreTrimpers LoungeJoseph~Trimpa 128 Barnard StKJIS CariocaKodi Palmer RECEIVED AND FILED NO. 75 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor/Mayor Executive- Strategic Planning Michael Dickman Chistine Kasianowicz Public Works, Streets & Parks- Deana M. Lovallo Police-Michael Strobele, Namon Barlow Jenyne Langhoren, Pattty Jo Krolikowski Fire-Patrick Curtin RECEIVED AND FILED NO. 76 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership City Planning Board RECEIVED AND FILED. Page 33 01-0515ss-0502.txt NO. 77 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mrs. LoTemplo moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment Effective: May 8, 2001 in the Department of COMMON COUNCIL, to the Position of INTERN VI, SEASONAL NON-COMPETITIVE at the FLAT Starting Salary of $10.00/hr Josephine Torres, 663 Grant Street, BUFFALO NY 14213 Appointment Effective: May 7, 2001 in the Department of COMMON COUNCIL, to the Position of INTERN VI Beatrice Francois, 750 Ashland Avenue, Buffalo, NY 14222 Moshe Penceal, 750 Manida St., New York, NY 10474 Appointment Effective: April 23, 2001 in the Department of COMMON COUNCIL, of to the Position of INTERN IV, Seasonal, Non- Competitive at the flat starting salary of $6.00/hr CURTIS McNALLY,109 CROWLEY AVE., BFLO. NY 14207 JOSEPH M. CONNOLLY, 15 BAXTER ST., BFLO. NY 14207 FELIX RODRIGUEZ, 13 LOWER EAST LANE, BFLO. NY 14207 CHRISTINE J. HOCHULSKI, 167 ESSER AVE., BFLO. NY 14207 Appointment Effective: April 23, 2001 in the Department of Common Council to the Position of INTERN I, Seasonal, Non Competitive at the flat starting salary of $7.00/hr ROBERT M. HOCHULSH, 167 ESSER AVE., BFLO. NY 14207 ROBIN SCHMIDT, 19 LAIRD AVE., BFLO. NY 14207 Appointment Effective: May 3, 2001 in the Department of COMMON COUNCIL to the Position of INTERN VI, Seasonal, Non-Competitive at the Flat Starting Salary of $10.00/hr Nancy Chu, 56 Edgebrook Estates, Apt.4, Buffalo, NY 14227 NO. 78 APPOINTMENTS-MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. Appointment Effective: May 4, 2001 in the Department of Executive, Division of Mayor to the Position of InternIV, Seasonal, Non Competitive at the Flat Starting Salary of $6.00/hr Sharon Cercone, 354 Parkdale Ave, Buffalo, NY 14213 Appointment Effective: May 7, 2001 in the Department of Executive, Division of Mayor to the Position of InternI, Seasonal, Non Competitive at the Flat Starting Salary of $7.00/hr Armond Lofton, 372 Roslyn, Buffalo, NY 14215 Appointment Effective: May 4, 2001 in the Department of Executive, Division of Mayor to the Position of InternI, Seasonal, Non Competitive at the Flat Starting Salary of $7.00/hr Dale White, 72 Ardmore Place, Buffalo, NY 14213 Appointment Effective: May 3, 2001 in the Department of Executive, Division of Mayor to the Position of InternI, Seasonal, Non Competitive at the Flat Starting Salary of $7.00/hr Corrin, Jay,351 Voorhees, Buffalo, NY 14,216 Appointment Effective: May 2, 2001 in the Department of Executive, Division of Mayor to the Position of InternI, Seasonal, Non Competitive at the Flat Starting Salary of $7.00/hr NO. 79 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting Page 34 01-0515ss-0502.txt seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Appointment Effective May 7,2001 in the Department of Public Works, Parks Streets, Division of Recreation to the Position of Laborer II, Seasonal, Non Competitive at the flat Starting Salary of $7.00/hr William Molson Jr.,110 Olympic Avenue, Buffalo 14215 Appointment Effective: May 2, 2001 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Seasonal Laborer II, Non Competitive at the flat Starting Salary of $6.92/hr Kenneth A. Jacobs, 44 Seventh Street, Buffalo, NY 14201 Appointment Effective: April 30, 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 David A. Lomax, 107 Spaulding St., Buffalo, NY 14220 Appointment Effective:May 10, 2001 in the Department of Public Works, Parks and Streets , Division of Engineering, to the Position of Marina Dock Attendant, Deena Barone, 20 Crestwood Ave., Buffalo, NY 14216 Appointment Effective: April 27, 2001 in the Department of Public Works, Parks & Streets, Division Of Engineering to the Position of Marina Dock Attendant, Seasonal, Non-Competitive at the flat starting salary of $10.00/hr Phillip D. Kreuz, 257 Bedford Ave., Buffalo, NY 14216 NO. 80 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Appointment Effective: May 7, 2001 in the Department of: Administration & Finance, Division of: Inventory & Stores to the Position of: Laborer II, Permanent Appointment at the minimum Starting Salary of $22,380.80 Dejuaine G. Motley, 1788 Fillmore Ave., Buffalo, NY 14212 Appointment Effective April 30, 2001 In the Department of Audit and Control, Division of Audit to the Position of Senior Auditor, Provisional Appointment at the minimum Starting Salary of $36,028 Gloria Schiavone, 3 Hecla Street, Buffalo, NY 14216 Appointment Effective April 30, 2001 In the Department of Audit and Control, Division of Audit to the position of Senior Auditor, Provisional Appointment at the minimum starting salary of $36,028 James Messina, 81 Fargo Avenue, Buffalo, NY 14201 Appointment Effective: May 8, 2001 in the Department of Community Services, Division of Contract Administration to the Position of Attendant, Temporary at the flat starting salary of $6.00/hr Andre Sadoff, 655 W. Delavan, Buffalo 14222 Willie McDonald. Jr.,475 Shirley, Buffalo 14215 Appointment Effective: April 30, 2001 in the Department of: Police to the Position of Crossing Guard, Temporary, Non Competitive at the flat starting salary of $7.09/hr Bernice Lee, 312 Rother Ave., Buffalo, NY 14211 Kristen Masecchia, 54 Wellington Rd., Buffalo, NY 14216 Appointment Effective: May 2, 2001 in the Department of Police to the Position of Report Technician, Permanent, Non-Competitive at the minimum starting salary of $25,903 Heather D. Surdyk, 46 Wheelock Street, Buffalo, New York 14206 Kristen Masecchia, 54 Wellington Rd., Buffalo, NY 14216 Appointment Effective: May 7, 2001the Department ofPublic Works, Parks, Streets, Division of Parks to the Position of Laborer II, Temporary, Non Competitive at the minimum starting salary of Page 35 01-0515ss-0502.txt $10.76/hr Gerald Bettingen, 925 West Avenue, Buffalo 14213 Appointment Effective: May 7,2001 in the Department of Public Works, Parks, Streets, Division of Parks to the Position of Park Utility Worker, Permanent Appointment at the minimum Starting Salary of $25,914.00 Paul Stokley, 562 Parkside, Buffalo 14216 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 81 CONCERNS JASPER PARISH HERTEL HOMES & W HERTEL COMMUNITY At the May 2, 2001 Common Council Budget Hearing statements were made by Ms. Sharon West, Executive Director of BMHA that I was not returning her phone calls in regard to the February BMHA Resolution involving Jasper Parrish, Hertel Homes and the West Hertel Community. Please know that I have received no such phone calls from Ms. West or from anyone from BMHA regarding this matter. As you know, the West Hertel Community has long has concerns about the Jasper Parrish Housing Development and, most recently, about BMHA's attempt the purchase the Hertel Homes apartments. We have been working with various BMHA officials for nearly ten years attempting to resolve our concerns and better our community. We have a serious interest in responding to Ms. West's alleged phone calls. I am also readily available and can be reached days and evenings at my listed phone number. Until the City of Buffalo realizes its folly in mass warehousing the poor in large "projects", we intend to continue to attempt a collaborative effort with BMHA to improve our community. It is unfortunate that Ms. West would seemingly fabricate correspondence attempts with community groups such as ours who pride ourselves in positive working relations with City Departments. In addition, her statements insult and damage my own personal reputation. Be assured that the WHCAA wishes to continue cooperative efforts with the City and with BMHA as we work to make our great City an even better place to live. We appreciate your attention to our concerns. RECEIVED AND FILED NO. 82 BAILEY AMHERST MGMT ASSN BUDGET 2001-02 Enclosed, please find the budget for the Bailey-Amherst Management Association (BADMA) for the 2001-2002 fiscal year. If you have any questions, please contact me at 837-0100. AMENDMENT TO BADMA'S BUDGET 7/l/01-6/30/02 ADMINISTRATION Supplies/Postage$100.00 Admin. Support Services$3,000.00 Legal Services$1,500.00 Financial Audit$850.00 Total$5,450.00 MAINTENANCE Pavement & Landscape Maintenance$5,250.00 Snow Removal$3,900.00 Total$9,150.00 SECURITY Security Guard$19,750.00 Total-Including Amendment$19,750.00 ADVERTISING & PROMOTION Page 36 01-0515ss-0502.txt General Advertising Using Variety of media$565.00 Total$565.00 INSURANCE Merchants Insurance $185.00 Total$185.00 TOTAL BUDGET$35,100.00 REFERRED TO THE COMMITTEE ON FINANCE NO. 83 MEMORANDUM M COPPOLA 520 ELMWOOD EASMENT Enclosed please find the final draft easement agreement between the City and the Chiananis for 520 Elmwood Avenue. We need Common Council authorization to enter into this agreement. Mrs. LoTempio moved That the Easment Agreement between the City of Buffalo and Ramish and Bonnie Chainani he hereby approved, and That the Mayor be and hereby is authorized the execute the Easement Agreement PASSED AYES -13 NOES - 0 NO. 84 INVITATION COB REGISTRY WITH ERIE COUNTY TALENT BANK This is an invitation to your municipality to register with the new Erie County TALENT BAK. The TALENT BANK is an online database of women who wish to serve on boards of directors. It is sponsored by the Erie County Commission on the Status of Women. Your organization will benefit from the insights and talents of women serving on boards and commissions that shape our civic, business and community life, In 2001, women are still significantly underrepresented on such boards. The Erie County Commission on the Status of Women (CSW) works to assure that women have full participation on issues that impact their lives. Our priority is to increase the number of women serving on boards and commissions. The CSW TALENT BANK is the Commission's primary tool for bringing women who wish to serve to the attention of boards seeking to fill vacancies or to expand representation. Municipalities will register, and after a verification phone call, they will have access to the profiles on the TALENT BANK. We invite you to register with the TALENT BANK by completing the on-line registration at: www.erie.gov/cs Click on TALENT BANK Enclosed you will find additional information on the TALENT BANK. Sign up today. Harness the power of women for your city. RECEIVED AND FILED NO. 85 J. JOHNSON INFO BFLO ALT HS I hereby submit for filing, copies of a letter from J. Johnson, a parent of a Buffalo Alternative High School. This letter is written requesting factual information on the schools policies and procedures, as it relates to length of stay, school transfers and summer school. Sincerely, CharleyFisher III Councilmember At Large REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION NO. 86 RFQ-CONSULTANT DISPARITY STUDY Ihereby submit for filing, copies of a letter from the City of Buffalo, Department of Law. This letter is written requesting consulting Page 37 01-0515ss-0502.txt professionals who may be interested in providing consulting services conducting and preparing a disparity study of participation of minority and women-owned businesses in Buffalo, New York, municipal contracting. Consulting Professional Dear Madam or Sir: Your firm has been identified as one which may be interested in providing consulting services conducting and preparing a disparity study of participation of minority and women owned businesses in Buffalo, New York, municipal contracting. Enclosed please find the City of Buffalo's Requests for Qualifications for Consultant to Conduct Disparity Study. This Request is deemed to be published May 3, 2001, and descriptions of qualifications and proposals in response to the Request are due 60 days from May 3, or by 4:00 pm July 2, 2001. Descriptions of qualifications and proposals, and any questions, should be directed to the undersigned at 1100 City Hall, 65 Niagara Square, Buffalo, New York 14202. We appreciate your interest. RECEIVED AND FILED NO. 87 REQ-INFO WOMAN/MINORITY PART CITY TOTAL SERVICE BUDGET I hereby submit for filing, copies of a letter from Council Staff to Commissioner Eva Hassett. This letter is written requesting information regarding Women and Minority participation as it pertains to the City's total service budget. Sincerely, Charley H. Fisher III Councilmember At Large At the Common Council Budget Healing of May 3, 2001 it was requested that you provide the following information as soon as possible: The percentage of women and minority participation as it pertains to the City's total services budget of $17,418,582.23. Please provide as much detail as possible. A current listing of any and all City purchasers, with the categories of goods and services they purchase. The Council's budget review process is ongoing and the sooner this information is provided, the sooner it can be integrated in the process. Please review this request and respond to my attention at 1413 City Hall. Your timely response is greatly appreciated. REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE NO. 88 SNOW REMOVAL ISSUES I hereby submit for filing, copies of a letter from Todd G. Vaarwerk, a disability rights advocate. This letter is testimony to the City of Buffalo Common Council on Snow Removal Issues in the Streets Department Budget. Sincerely, Charley H. Fisher III Snow Removal Testimony Good Morning. My name is Todd Vaarwerk, and I am the Disability Rights Advocate for the Western New York Independent Living Project, Inc. (ILP). The ILP Family of Agencies works with all persons with disabilities in our community to live as independently as they desire by promoting their freedom of choice. Snow removal is a very important item for those who live and work with disabilities here in Buffalo and Erie County. Access to sidewalks and public buildings is obstructed with any major snowfall, and efforts Page 38 01-0515ss-0502.txt to deal with the problem are, to put it simply, a snowfall in the bucket. Quite often the ILP experiences consumers who are unable to leave their homes without assistance from the first snowfall in November until the beginning of spring. Those who must travel are consigned to using streets, and as the recent episode in Tonawanda can illustrate, there can be tragic consequences to this dangerous situation. The problems for Persons with Disabilities in this issue are varied. The snow removal ordinance, while enforcement is increasing, has little direct impact on city residents. The cost, if fined, is less than it would cost a property owner (whether business or homeowner) to shovel his sidewalk. Administrative Adjudication and Streets departments combined would not have the manpower to repeatedly enforce the ordinance for recalcitrant property owners. In addition, the ordinance has many enforcement issues related to residents, such as who is responsible for bus stop locations, and whether or not renters or owners have the primary responsibility for snow removal. This problem is compounded by the lack of appropriate equipment for the Streets department to assist in snow removal. Quite often, snow is pushed into accessible curb cuts by City plows, who are unable with existing equipment to prevent this from happening. Sidewalk plows would have the advantage of being able to clear those critical paths of travel. The ILP recommends: The City of Buffalo Streets Department should be provided budget money for appropriate equipment to deal with sidewalk and curb-cut issues. The ordinance relating to snow removal should be revised to account for current costs and priorities. While the ILP recognizes the fact that raising this fine for homeowners is unpopular (ILP representatives continue to hear the story of the elderly person who is unable to shovel their walk being forced to do so for fear of a ticket and succumbing to a heart attack), we feet that a raise is much more appropriate for business owners in the City, who have more resources to shovel their walks, but refuse to do so. In addition, the ordinance should specify all areas responsible by the property owner. These changes should be discussed by a wide committee of city residents, including block club representation, senior citizens, persons with disabilities, and business owners. Finally, the Streets Department should be funded to complete the community linkages that are necessary for those persons unable to clear their walks, such as working with block clubs to provide options for assistance. As always, the ILP stands ready to assist the City in making itself more accessible so persons with disabilities can be an equal part of our community. If you have any questions, please feel free to contact me. Thank you for this opportunity to testify today. RECEIVED AND FILED NO. 89 HAZ COND LASALLE AT BAILEY Dear Mr. Michaux III: Please file the enclosed correspondence for Tuesday, May 15, 2001 Full Council Meeting. Thank you for your attention to this matter, if you have any questions, please feel free to contact my office. Notice of Hazardous Conditions Please declare the comer of LaSalle Avenue at Bailey Avenue an extreme hazard, Due to the number of claims filed against the City of Buffalo concerning damage to automobiles. My office has also received several calls concerning the difficulty in maneuvering wheel chairs, and baby strollers. I have attached documentation from the City of Buffalo Department of Law as supporting evidence. Please file a Notice of Hazardous Page 39 01-0515ss-0502.txt Condition, and refer the matter to the Department of Public Works. Thank you for your prompt attention to this matter. RECEIVED AND FILED NO. 90 ANNUAL CABLE REPORT SUBMISSION Pursuant to the Franchise Agreement between Adelphia and the City of Buffalo, please find attached Annual Reports pertaining to operations of the Buffalo Cable System during calendar year 2000. At the time of this submission, the Adelphia annual report for 2000 has not gone to press. Once this document is available, a copy will be forwarded to your attention. Should you find it necessary to obtain clarification on the content of any of these reports, please contact either myself or Mr. Arthur Nephew, our Business Operations Manager. I can be reached at 716-558-8590 and Mr. Nephew can be reached at 716-558-8604. Thank you. Sincerely, Thomas Haywood REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS NO. 91 P HOTUNG REQ CHANGE OF ADDRESS FROM 424 MAIN TO LIBERTY BLDG As the owners of the Liberty Building, we request that the City of Buffalo Common Council pass a resolution to change the Liberty Building's primary address from 424 Main Street to "Liberty Building" and thereafter designate "424 Main Street" as the Liberty Building's alternate or secondary address. Thank you for your assistance. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL NO. 92 RESIGNATION MEMBER BD OF ETHICS Enclosed please find the disclosure form. I would like to apologize for the delay. I have been overwhelmingly busy closing my business and running the Youth Opportunity Belle Center. I would also like to inform you that I will be resigning from the Board of Ethics effectively immediately this is due to my busy work schedule and commitment to the center. During my short time on the board I have enjoyed working with you and all the board members. Should you need to speak to me please feel free to contact my office at 854-7121 or home at 886-252 1. Thank you for your time and attention. Sincerely, Lourdes T Iglesias RECEIVED AND FILED NO. 93 R. LOTEMPIO CRI TICA L NEEDS FOR THE BUFFA L 0 POL ICE DEPA R TMEN T 2001 Attached correspondence from A. Ciardi-Citizen Advisory Group to The Police Commissioner REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION AND THE COMMISSIONER OF POLICE NO. 94 REQ INFO REMOTE OPERATION OF INDUSTRIAL PROCESSES Page 40 01-0515ss-0502.txt Request for Comments concerning Resolution to Authorize Corporation Counsel to draft Legislation concerning Remote Operation of Industrial Processes We reviewed and discussed at our LEPC meeting on Wednesday, May 9th the information which was forwarded to us in the letter dated April 24, 2001 from Lisa Collin. The consensus of our Committee was that there was insufficient information concerning the possible proposed legislation to enable us to comment or make any recommendation. We, too, as noted in your submittal, do not want to halt progress. However, until further information is available concerning the proposed scope and nature of the possible controls, cost, consequences and other factors, we are unable to offer any comment or recommendation. Very truly yours, Harry G. Meyer RECEIVED AND FILED NO. 95 S. PAGE- FOURTH STREET HAZARDOUS SITE #915167 RESOLUTION #214 BUFFALO, NY, ERIE CO. Dear Ms. Hooper: I have received your letter with the copy of the resolution entitled "Request for Update on Fourth Street Hazardous Waste Site", Resolution #214, CCP April 17, 2001. This Department has been working very closely with the New York State Department of Environmental Conservation (NYSDEC) to ensure that this site receives the proper attention it deserves. Since the March 14, 2001, public meeting where the Proposed Remedial Action Plan (PRAP) was discussed, NYSDEC/DOH has received numerous comments from the City of Buffalo, Board of Education and area citizens in regard to the proposed remediation and health issues. A Responsiveness Summary is being prepared by DEC/DOH. All comments and concerns will be answered in writing in the forthcoming Responsiveness Summary. This summary will be included in the soon to be released Record of Decision (ROD). All interested parties will be sent a Fact Sheet prior to the release of this document informing them of the date and location of the next public meeting where components of the ROD will be discussed. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 96 L ROSS-THE BUFFALO EQUAL OPPORTUNITY MINORITY, WOMEN, SMALL AND LOCAL BUSINESS ENTERPRISES EMERGENCY ACT 2001 Dear Councilmember Fisher: The Black Chamber of Commerce of Western New York (BCCWNY) has consistently lobbied for legislation at the City level that would make a realistic attempt at leveling the playing field for Black and other Minority Business Enterprises. Buffalo's record for doing business with African American-owned businesses is atrocious, regardless of whether we are talking about the letting of contracts, departmental purchasing or utilizing African Americans for professional services. We have monitored a number of City projects and contract awards over the past 6 years. Whether intentional or not, the impact is the same, there appears to be a pattern of discrimination that adversely affects African Americans whether they be business owners or laborers. We have taken the time to thoroughly review the above-referenced legislation that you are proposing that the Council enact along with the Corporation Counsel's response. Several of our members, including myself, attended the Committee meeting at which time this proposed legislation was discussed. We recently discussed the proposed Page 41 01-0515ss-0502.txt legislation at our last meeting and I have been authorized by our Board of Directors to express to the MBE Committee, and the Council as a whole, our strong support for enactment of The Buffalo Equal Opportunity Minority, Women, Small and Local Business Enterprises Emergency Act 2001. The legislation you have sponsored would not be necessary if all things were equal, but things are not equal, nor have they been equal. The so-called "majority" businesses often make little or no effort to sub-contract with African Americans or other minorities. In fact, many have actively sought to circumvent MBE goals whenever confronted with them for municipal projects projects and purchases. In addition, it appears that most City departments could care less that African American and other Minority businesses obtain little or none of the contracts and purchases awarded. We are convinced that the use of the Commission on Citizens' Rights and Community Relations (CCRCR) is critical to the potential success of the proposed legislation, should it be enacted. The current process setup for awarding contracts and monitoring M/WBE goals for the City is woefully inadequate. In other places, like Cleveland and San Francisco, citizens have assumed these roles with great success. Buffalo is ripe for such a change. We applaud you and the MBE Committee for stepping out front on this legislation; however, we must express our deep concern about the obstructionist role that the Corporation Counsel's office has taken in this matter. Instead of advising how best to construct the law to assure that it passes constitutional muster, Counsel seems intent upon assuring that this legislation never sees the light of day. If the Corporation Counsel's office has the ability to veto potential legislation in the manner it seeks to do here, it would appear to be a danger to our democracy. This is a matter that certainly merits closer scrutiny in the future. BCCWN-Y urges you to forge ahead with your efforts to enact this important piece of legislation. We support those efforts 110%. REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE NO. 97 AUTOMATED AUTOMATED TELLER MACHINES (ATMS) OPERATED BY FLEET NATIONAL BANK ("FLEET") AT 420 MAIN STREET AND 10 FOUNTAIN PLAZA, BUFFALO, NEW YORK ("FLEET BUFFALO ATM LOCATIONS") Ladies and Gentlemen: We represent Fleet. We submit this letter in support of a proposed resolution relating to the Fleet Buffalo ATM Locations. Section 75-a through Section 75-o of the New York Banking Law contains New York's ATM Safety Act. Section 75-(3)(a) requires that indoor ATM facilities contain entry doors equipped with locking devices which permit entry only to persons using a magnetic strip plastic card or similar access device. For your convenience, a copy of this statutory provision is enclosed. Section 75-m of the New York Banking Law sets forth the procedures for a bank to follow should the bank desire a variance or exemption from the ATM Safety Act. Applications for variances and exemptions are made to the Superintendent of the New York State Banking Department ("Superintendent"). However, as part of the written request to the Superintendent for a variance or exemption, a bank must include a resolution or declaration of the governing body of the City, Village or Town in which the ATMs in question are located consenting to a variance or exemption. For your convenience, a copy of Section 75in is enclosed. Fleet intends to apply to the Superintendent for a variance or exemption relating to the Fleet Buffalo ATM Locations. Neither of the Page 42 01-0515ss-0502.txt locations comply with the technical requirements of Section 75-c(3)(a) because neither contain entry doors equipped with card readers. Nevertheless, Fleet respectfully submits that a variance or exemption for the Fleet Buffalo ATM Locations is appropriate because these locations contain substitute security measures which are as substantially safe as the requirements of Section 75-c(3)(a). Fleet is a tenant of 420 Main Street which is commonly known as the Liberty Building. The building posts security guards 24 hours a day, 7 days a week on the first floor of the building near Fleet's ATM machine. After 6:00 p.m., the entire building is locked down. Anyone seeking access to the building after 6:00 p.m. must ring a bell on the outside of the building and the guards must open the door to let the individuals into the building. The guards grant access to individuals who wish to use Fleet's ATM. Under its lease, Fleet does not have the authority to install card readers on the exterior of the building for access to the building. Fleet owns the 10 Fountain Plaza location. As with the Liberty Building, at Fountain Plaza, security guards are posted 24 hours a day, 7 days a week. Fleet's ATM is freestanding in the lobby of the building. Fleet leaves one door unlocked at 6:00 p.m. for tenants and ATM customers. The ATM machine is located directly across from the guard post. Fleet respectfully requests that the Council adopt a resolution or issue a decree in which the Council consents to a variance or exemption for Fleet to the requirements of card readers under Section 75-c(3)(a). There are safety measures in place at the Fleet Buffalo ATM Locations which provide as much or more protection to the public as card readers. At both locations, there is a guard on duty controlling and monitoring access to the building and the ATM machines. Moreover, it is impractical to have card readers installed at the Fleet Buffalo ATM Locations. In one building, Fleet is a tenant without authority to add a card reader to the outside of the building. For both locations, a card reader would pose a serious security risk for the entire building. Anyone with an ATM card, even those without a Fleet ATM card, could gain access to the building. Both of these buildings contain a large number of offices, some of which contain highly sensitive legal or banking materials. A card reader is simply not practical at either location. Based on the foregoing, Fleet respectfully requests that the Council adopt or issue a Resolution or Decree in sum and substance as follows: RESOLVED, that Fleet National Bank operates Automated Teller Machines (ATMs) at 420 Main Street and 10 Fountain Plaza, Buffalo, New York ("Fleet Buffalo ATM Locations"); and be it further RESOLVED, that Section 75-c(3)(a) of the New York Banking Law requires that the Fleet Buffalo ATM Locations contain entry doors with locking devices which permit entry to such facilities to persons using a magnetic-strip plastic card or similar access device; and be it further RESOLVED, that there are no entry doors with access devices which permit entry to the Fleet Buffalo ATM Locations; and be it further RESOLVED, that at the Fleet Buffalo ATM Locations, there are security guards which control or monitor access to the ATM machines and the presence of these guards constitute safety measures which are substantially as safe as the safety requirements set forth in Section 75-c(3)(a) of the New York Banking Law; and it is further RESOLVED, that it is impractical to require entry doors with access devices which permit entry to the Fleet Buffalo ATM Locations; and be it further RESOLVED, that the Common Council of the City of Buffalo consents to any future variance or exemption granted by the Superintendent of Banking for the State of New York or any other government agency, court or legislative body with jurisdiction to issue a variance or exemption which would grant Fleet a variance or exemption to the Page 43 01-0515ss-0502.txt requirements of Section 75-c(3)(a) of the New York Banking Law with respect to entry doors and access devices. Please contact me should you require any additional information. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE COMMISSIONER OF PUBLIC WORKS NO. 98 P WEAVER PROPOSED AMENDMENT OF THE BY-LAWS OF BUFFALO CONVENTION CENTER MANAGEMENT CORPORATION ("BCCMC") Dear City Clerk Michaux: Enclosed is a Memorandum addressed to the Honorable Members of the Common Council of the City of Buffalo requesting the Council members to approve proposed Amendments to the By-Laws of BCCMC which approval is required pursuant to the terms of the Agreement between the County of Erie and the City of Buffalo with respect to the Convention Center. Please place this matter on the agenda for the Common Council meeting scheduled for Tuesday, May 15, 2001. If you need any additional information, please contact the undersigned. Thank you for your assistance. Very truly yours, JAECKLE FLEISCHMANN & MUGEL, LLP REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 99 B. WILLIAMS S JOHNSON REQ INTENT TO PURCHASE 482 SPRING ST Please file the attached item on behalf of Mrs. Sharon L. Johnson 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. Sincerely, Barbara Miller-Williams In reference to our conversation this date, I am enclosing copies of the letters I have written to the City of Buffalo government. My desire is to purchase the property next to my home. I have met with resistance for more than five years now and would like to obtain the property and PAY TAXES on the same. The City could have been collecting taxes all this time, but refuse to budge. I believe they want to put a new build on this 50 x 132' lot. Personally I don't want to live that close to someone else. I live across from the Old Buffalo Forge that is currently owned by Howden Fan of I 10 Broadway, Buffalo, NY 14203. They also own the property on the other side of my home, but won't sell it because they say it is part of the package with the Forge. They also said it would be very expensive to tear the forge down because of the asbestos that is in there. I was told they can't afford to do it and the city "doesn't want to" because of the cost. Where does that leave us on Spring Street? I want to pay taxes and want to fix up MY PROPERTY. Please help me to accomplish this. I have been mowing part of the city property for over 5 years to keep the rodents away from my home. A look at the enclosed correspondence from the city shows where they tried to fine me for cleaning up junk property and putting their trash curbside. I am so frustrated. Please help me. Sincerely, Mrs. Sharon L. Johnson REFERRED TO THE COMMITTEE ON FINANCE AND THE DIRECTOR OF REAL ESTATE Page 44 01-0515ss-0502.txt PETITIONS No. 100 V. GUARINO, OWNER, USE 3260 MAIN STREET FOR SIDEWALK CAFE. (HRG. 05/22/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. No. 101 C. SYRACUSE, AGENT, USE 663 KENSINGTON FORA HUMAN SERVICES FACILITY. (HRG. 05/22/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. No. 102 M. ULLRICH, AGENT, USE 1068 MAIN & 57 LINWOOD FOR ILLUMINATED GROUND SIGNS. (HRG. 05/22/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. No. 103 A MATHIS & OTHERS REQ ASSISSTANCE TO SAVE NEIGHBORHOOD INFO For 29 years Neighborhood Information Center (NIC) has provided valuable programs to the City of Buffalo and Erie County. NIC's unique programs such as shopping shuttle, translation/interpretation, application assistance, food distribution, legal assistance, Crime Victims Assistance Program and many more has been serving more than 5,000 residents annually. Most of those in need are senior citizens or disabled. NIC's services saves City & County thousands of dollars by keeping the senior citizens in their home environment instead of in expensive nursing homes. NIC expanded its services for the elderly after merging with Walden-Bailey (WB). Funding NIC and Walden-Bailey is crucial for keeping people here in Buffalo, helping current seniors and those baby-boomers who with growing numbers join senior's status each day. We undersigned citizens urge the Mayor and all Common Council members to save NIC. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE BUFFALO ECONOMIC NO. 104 J GRAY & OTHERS HUMBER AVE BLOCK CLUB REQ BLACK TOPPING & NEW CURBS Could you please file the enclosed petition behalf of the Humber Avenue Block Club. If you have any further questions or comments please do not hesitate to contact me at 851-5145. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS Regular Committees Civil Service (Barbara A. Miller-Williams, Chairperson) No. 105 Page 45 01-0515ss-0502.txt Ind. Health's Prop. Imple. of Medicare Carve-Out Rat. (CP) (#33, 4/3) (CCP#189-May 1, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 106 Medical Benefits for Seasonal Employees (# 182, 3/6) (CCP#190-May 1, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 107 Appointment Communication Tech. (Inter) (Fire) (Item No. 66-C.C.P. May 1, 200 1) That Communication 66, May 1, 2001 be received and filed and the provisional appointment of Lawrence Wilk stated above at the intermediate salary of $28,330 effective on April 16, 2001 is hereby approved. PASSED AYES - 13 - NOES - 0 NO. 108 Appointment Reimbursement Specialist (Max) (Com. Svs.) (Item No. 70-C.C.P. May 1, 200 1) That Communication 70, May 1, 2001 be received and filed and the temporary appointment of Ndidl H. Nwabugwu stated above at the maximum salary of $29,324 effective on April 16, 2001 is hereby approved. PASSED AYES - 13 - NOES - 0 NO. 109 Notices of Appt. -Temp./Prov. /Perm. (C.Clk.) (CCP#79-May 1, 01) That the above item be and the same hereby is received and filed. ADOPTED Finance (Betty Jean Grant, Chairperson) NO. 110 Aud. Fin. State-Bflo. Mun. Water Fin. Auth.-Yrs.-6/30/2000-99 (Compt) (CCP#24-Apr. 3, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 111 Aud. Fin. State. -Bflo. Water Bd.-Yrs. Ended 6/30/2000 & 1999 (Compt.) (CCP#25-Apr. 3, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 112 Interfund Loan - Installation of Fire Alarms (Various Libraries) (Item No. 26, C.C.P., Apr. 17, 200 1) That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $140,000 for Installation of Fire Alarms Page 46 01-0515ss-0502.txt (Various Libraries). The loan will be repaid when Bond Anticipation Notes or Bonds are issued. Passed AYES - 13 - NOES - 0 NO. 113 Results of Negotiations - 31 Capen Boulevard (Item No. 9, C.C.P., Apr. 3, 2001) That the offer from Michael D. Hughes and Sherri Hairston-Hughes, residing at 33 Capen Boulevard, in the sum of Five Thousand and Five Hundred Dollars ($5,500.00) for the purchase of 31 Capen Boulevard, 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. 114 Results of Negotiations - 163 Locust Street (Item No. 13, C. C.P., Dec. 12, 2000) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant Moved: That the offer from Ms. Clara Pascal, residing at 157 Locust Street, in the sum of Five Hundred Dollars ($500.00) for the purchase of 163 Locust 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. 115 Results of Negotiations - 375 Riley Street (Item No. 11, C.C.P., Apr. 3, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant Moved: That the offer from Ms. Alice Atwood, residing at 371 Riley Street, in the sum of Five Hundred Dollars ($500.00) for the purchase of 375 Riley Street, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; 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. 116 Page 47 01-0515ss-0502.txt Abate Portion of Invoices - Buffalo Civil Auto Ramp (Item No. 8, C.C.P., Apr. 17, 2001) That the Executive Director of Strategic Planning be and he hereby is authorized to abate $58,508.66 for Fiscal Year 1999-2000 and $4,988.99 for Fiscal Year 2000-2001 for a combined total of $63,497.65 for various invoices for the Buffalo Civic Auto Ramps. Passed. AYES - 13 - NOES - 0 NO. 117 Extension of 1999-2000 Grant-in-Aid Contract - St. Ann's Center (Item No. 212, 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. Grant Moved: That this Common Council approves an extension of the 1999-2000 Grant-in-Aid Contract for the St. Ann's Center that was scheduled to end on December 31, 2000. Passed. AYES - 13 - NOES - 0 No. 118 Report of Bids - Vacant Lot Maintenance Program - Ellicott District - 2001 (Item No. 13, C. C.P., May 1, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant Moved: That the Executive Director of Strategic Planning be, and he hereby is authorized to award a contract for the Vacant Lot Maintenance Program - Ellicott District - 200 1, Group #564, to North America Construction Co., Inc., the lowest responsible bidder, in the amount of $255,150.50 ($231,955.00 Base Bid + 10% unit price increase $23,195.00 = Total Award $255,150.50). Funds for the project are available in Capital Project Account #35340106-445100. Passed. AYES - 13 - NOES - 0 No. 119 Report of Bids - Vacant Lot Maintenance Program - Fillmore District -200 1 (Item No. 14, C.C.P., May 1, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant Moved: That the Executive Director of Strategic Planning be, and he hereby is authorized to award a contract for the Vacant Lot Maintenance Program - Fillmore District - 200 1, Group 4563, to North America Construction Co., Inc., the lowest responsible bidder, 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 the project are available in Capital Project Account #3 5340106-445 100. Passed. AYES - 13 - NOES - 0 Legislation (Richard A. Fontana, Chairman) No. 120 Report of Bids - Vacant Lot Maintenance Program - Masten District - 2001 (Item No. 15, C. C.P., May 1, 200 1) Page 48 01-0515ss-0502.txt That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant Moved: That the Executive Director of Strategic Planning be, and he hereby is authorized to award a contract for the Vacant Lot Maintenance Program - Masten District - 2001 Group 4565, to North America Construction Co., Inc., the lowest responsible bidder, in the amount of $125,048.00 ($113,680. 00 Base Bid + 10% unit price increase $11,3 68. 00 = Total Award $125,048.00). Funds for the project are available in Capital Project Account #35340106-445100. That the Executive Director of Strategic Planning will discuss with the lowest. Responsible bidder the usage of minority and women owned business enterprises and the utilization of minorities and women in the workforce for this project. Passed. AYES - 13 - NOES - 0 No. 121 Robert Di Pasquale, Petition to Use 153 Elmwood - Patio Extension (Item No. 105, C.C.P., May 1, 2001) That after the public hearing before the Committee on Legislation on May 8, 200 1, the petition of Robert Di Pasquale, agent, for permission to use 153 Elmwood Avenue for an extension of the patio be, and hereby is approved with the conditions as approved by the City Planning Board and the Buffalo Preservation Board. Passed. AYES - 13 - NOES - 0 No. 122 James E. Lathrop, Petition to Use 312 Linwood - Ground Sign (Item No. 106, C. C.P., May 1, 200 1) That after the public hearing before the Committee on Legislation on May 8, 2001, the petition of James E. Lathrop, agent, for permission to use 312 Linwood Avenue for a ground sign be, and hereby is approved with the conditions as approved by the City Planning Board and the Buffalo Preservation Board. Passed. AYES - 13 - NOES - 0 No. 123 R. L. Chainani, Petition to Use 502 Elmwood - Sit-in Restaurant (Item No. 109, C.C.P., May 1, 200 1) That after the public hearing before the Committee on Legislation on May 8, 2001, the petition of R.L. Chainani, owner, for permission to use 502 Elmwood Avenue for a sit-in restaurant be, and hereby is approved with the condition that the current awning be extended with signage configured within awning and that any window signage be approved by the City Planning Board. Passed. AYES - 13 - NOES - 0 No. 124 Closing/Abandonment-Port. Of N. Oak St.-Roswell Site Renovations (PW) (CCP# 45 -4/17/01) That the above item is returned without recommendation. Richard Fontana, Councilmember A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On motion by Mrs. LoTempio, seconded by the item is properly before Page 49 01-0515ss-0502.txt the Common Council, and the hearing is opened. CARRIED. Appearances- Mrs. LoTempio now moved that the hearing be closed. Seconded by CARRIED. Closing and Abandonment - Portion of North Oak Street - Roswell Site Renovations (Item No. 45, C. C.P., Apr. 17, 200 1) That the City of Buffalo be, and it hereby is authorized to close, abandon and sell the portion of North Oak Street as described in the above communication to the Dormitory Authority of the State of New York subject to the conditions as listed in the above communication. Passed. AYES - 13 - NOES - 0 No. 125 Appt.-Member-Cit. Sal. Rev. Comm. (Mayor) (CCP#2-Dec. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED No. 126 Ambulance Response Statistics (1998-99) (Emerg. Med. Svs. Bd-) (CCP#2-May 30, 01) That the above item be and the same hereby is received and filed. ADOPTED No. 127 Secondhand Dealer - 694 Genesee Street (Item No. 66, C. C.P., Apr. 17, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. RECOMMITTED Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 128 Secondhand Dealer - 2281 South Park Avenue (Item No. 67, C. C.P., May 1, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana Moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Secondhand Dealer license to Kevin Johnson, d/b/a South Park Vacuum Center located at 2281 South Park Avenue. Passed. AYES - 13 - NOES - 0 No. 129 Used Car Dealer - 270 Abbott (Item No. 67, C. C. P., Apr. 17, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr Fontana Moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to Dewey Thorington, d/b/a R & D Car Connection located at 270 Abbott. Passed. AYES - 13 - NOES - 0 Page 50 01-0515ss-0502.txt No. 130 Used Car Dealer - 2116 South Park Avenue (Item No. 69, C.C.P., May 1, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr Fontana Moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer license to Anthony LaBarbara, d/b/a LaBarbara Auto Sales South located at 2116 South Park Avenue. Passed. AYES - 13 - NOES - 0 NO. 131 NOTIFICATION SERIAL #9270-9273 (ITEM NO. 46, C.C.P., MAY 1, 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. 132 B. WILLIAMS-P. HOLMES-CONCERNS-ALT. PKG. ORD.-ALLENTOWN AREA (CCP#88-MAR. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 133 G. BUTLER & O-SEEK INFO.-BOARDS IN RECEIPT OF CITY FUNDS (CCP#80-MAY 1, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 134 C. CARIER-AFSCME LOC. #650-HAZ. COND.-COUNCIL BATHROOM-RM. 1230 (CCP#88-APR. 17, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 135 PAYPHONE APPLICATIONS PAY-TEL CORPORATION (ITEM NO. 5 2, C. C. P., APR. 17, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 136 C. CANFIELD - REQUEST SYNCHRONIZED TRAFFIC SIGNAL - W. NORTHRUP AND MAIN (ITEM NO. 5 1, C. C.P., JAN. 9, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above item be the same and hereby is received and filed. ADOPTED NO. 137 REDUCE SPEED LIMIT AROUND SCHOOL #61 Page 51 01-0515ss-0502.txt (ITEM NO. 226, C.C.P., MAY 1, 2001) That this Common Council requests that the Department of Public Works, Parks and Streets post signs that state "Speed Limit 15 miles per hour, in School Area" around Buffalo Public School #61; and Those copies of this resolution be forwarded to Buffalo School Board Members, the Principal at School #61, the Office of the Mayor and FLARE. ADOPTED COMMUNITY DEVELOPMENT (BEVERLY A. GRAY, CHAIRPERSON) NO. 138 ACQUISITION OF 493 AND 503 SENECA - SOUTH ELLICOTT URBAN RENEWAL PLAN PHASE 11 (ITEM NO. 9, C. C.P., APR. 17, 200 1) (ITEM NO. 158, C.C.P., MAY 1, 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 oil Community Development. ADOPTED NO. 139 TRANSFER OF TITLE, URBAN HOMESTEAD - 256 HUDSON STREET (ITEM NO. 13, C.C.P., FEB. 20, 2001) That the city-owned property commonly known as 256 Hudson Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Gregory W. Horn, residing at 256 Hudson Street, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -13 NOES - 0 NO. 140 TRANSFER OF TITLE, URBAN HOMESTEAD - 53 ORANGE STREET (ITEM NO. 18, C. C.P., APR. 3, 2001) That the city-owned property commonly known as 53 Orange 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. Clementine Spencer, residing at 51 Orange Street, in the amount of $1.00 (One Dollar), and all costs of transfer, on the condition the property is leared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -13 NOES - 0 NO. 141 TRANSFER OF TITLE, URBAN HOMESTEAD - 27 STANTON STREET (ITEM NO. 20, C. C.P., APR. 3, 200 1) That the city-owned property commonly known as 27 Stanton Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. Mose Young and Mrs. Ella Mae Young, residing at 27 Stanton Street, in the amount of $ 1. 00 (One Dollar), and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED Page 52 01-0515ss-0502.txt AYES -13 NOES - 0 NO. 142 C. FISHER-A. WIGGINS-CONCEMS-DEBRIS IN DIRT PILES USED TO LEVEL CITY LOTS (CCP#94-MAR. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 143 C. FISHER-A. WIGGINS-CONCEMS-DEBRIS IN DIRT PILES-CITY LOTS (ENV. MGMT.) (CCP#2-APR. 3, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 144 C. FISHER-A. WIGGINS-CONCERNS-DEBRIS IN DIRT PILES (PW) (CCP#47-APR. 17, 01) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS NO. 145 BY: MR. BONIFACIO APPOINT LEGISLATIVE ASSISTANT TO COMMON COUNCIL Now, Therefore, Be It Resolved: That Peter J. Savage, 111, 207 West Ferry Street, Buffalo, New York, 142131, is hereby appointed as Legislative Assistant to Councilmember Dominic J. Bonifacio, Jr. effective Monday, May 14, 2000. ADOPTED NO. 146 BY: MR. COPPOLA ORDINANCE AMENDMENT CHAPTER 511 -ZONING The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 511 of the Code of the City of Buffalo be amended to read as follows:  511-138. Design and site plan review required. A. The Planning Board is hereby authorized to review and approve, approve with modifications or disapprove design and site plans throughout the entire city for the following: (1) All new construction, including residential, (private, public or religious) in excess of $100,000 in value or 50,000 square feet in area. (2) All rehabilitation (private, public or religious) in excess of $80,000 or 50,000 square feet in area and any demolition action (private or public) in excess of $ 100,000 not mandated for public safety reasons. (3) All (private or public) industrial or commercial development occurring within 300 feet of a residential use (excluding property boundaries) shall be subject to this section. (4) All expansions to off-street parking lots in excess of 3,000 square feet and having more than six vehicle spaces, loading and stacking areas and structures. (5) All structures on the public right-of-way. B. Elements to be included in the design and site development review may include, but are not limited to: parking, means of access and egress, pedestrian sensitivity, screening, signage, landscaping, architectural features, location and dimensions of buildings, impact of the development on adjacent properties, environmental matters and such other elements which may be related to the health, safety and Page 53 01-0515ss-0502.txt general welfare of the community. APPROVED AS TO FORM Corporation Counsel NOTE: Matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 147 BY: MR. COPPOLA, MRS. MARTINO, MR. FISHER, MR. THOMPSON PARKS LOCATED WITHIN THE CITY OF BUFFALO THAT CONTAIN VEHICULAR TRAFFIC WITHIN THEIR BOUNDARIES Whereas: Parks are a vital and vibrant component of the City of Buffalo; and Whereas: Parks are frequented by City residents, and others, who use the parks for various recreational uses including walking, jogging, biking, and skating; and Whereas: In certain portions of many parks, motor vehicles operate on roads adjacent to the recreational users of the parks; and Whereas: Certain operators of these vehicles have engaged in conduct that endangers the safety of the users of the parks; and Whereas: The City of Buffalo has an interest in protecting the users of these parks and to protect and preserve the City's park system; and Whereas:Legislative action is necessary in order to ensure the safety of the users of these parks within the City of Buffalo. Now, Therefore, Be It Resolved: That this Common Council of the City of Buffalo requests that the Corporation Counsel prepare an amendment to the Buffalo Code Chapter 309 that will implement the above stated intent of the Common Council. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS AND THE COMMISSIONER OF POLICE NO. 148 BY: MR. COPPOLA WAIVE PERMIT FEES FOR BUFFALO SEMINARY Whereas: The Buffalo Seminary, 205 Bidwell Parkway, will be celebrating its 150th anniversary with a parade on June 9, 2001, at 10:00 AM that will start at the school, go to the Art Gallery, and continue back to the Larkin House; and Whereas: Since the Buffalo Seminary opened 150 years, it has been educating young women from our local community and preparing them for life as adults so they can be productive members of our community; and Whereas: The Buffalo Seminary is one of the finer institutions of learning within the city of Buffalo, and it would be beneficial to them to waive the permit fee for this parade. Now, Therefore, Be It Resolved: That this Common Council, appreciating what the Buffalo Seminary for many young women in our community and being sensitive to their financial position, hereby waive any and all permit fees involved for their 150'hanniversary parade as long as the parade meets all requirements of the Permits Department. PASSED AYES -13 NOES - 0 NO. 149 BY: MR. FONTANA BUFFALO RIVER FEST Whereas: The Valle Community Center is sponsoring the Buffalo River Fest on Saturday June 23, 2001; and Whereas: The Valle Community Center would like permission to hang Page 54 01-0515ss-0502.txt a Banner across South Park and Michigan Streets ; and Whereas: The Banner would be hanging from May 25, 2001 to June 25, 2001 Now therefore Be it Resolved: that this Common Council grant permission to the Valle community Center, to display the banner for the Buffalo River Fest persuant to the conditions established by the Commissioner of Public Works, the Corporation Council, and the special events Advisory Committee ; and Be It Finally Resolved: That permission be granted to Valle Community Center for the Buffalo River Fest. PASSED AYES -13 NOES - 0 NO. 150 BY: MR. FONTANA NIAGARA MOHAWK PROPOSAL Whereas: Niagara Mohawk has proposed a plan that would include having consumers pay $1.1 billion to cover the shortfall from the pending sale of Niagara Mohawks two nuclear plants; and Whereas: Niagara Mohawk, along with three utilities, plan to sell the Lake Ontario'sNine Mile Point 1 and 82 percent of the Nine Mile 2; and Whereas The proposed settlement has been endorsed by the staff of the state Public Service Commission; and Whereas: State Attorney General, Eliot Spitzer is opposed to the provision that wouldinclude tacking on a $1.1 billion to the electric rates for ten years after the sale; and Therefore Be It Resolved: The City of Buffalo Common Council supports State Attorney General Eliot Spizter's opposition to Niagara Mohawk's proposal and also believes ratepayers should not carry the financial burden of the Niagara Mohawk sale; and Therefore Be It Finally Resolved: That certified copies be sent to State Attorney General Eliot Spitzer and the Public Service Commission. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE NTAGARA MOHAWK POWER COMPANY NO. 151 BY: MR. GOLOMBEK CROWLEY AVENUE RESIDENTIAL PARKING OVERLAY DISTRICT Whereas: Crowley Avenue from Niagara Street to Tonawanda Street offers no on street parking for the residents and home owners of Crowley Avenue. Most of the homes on Crowley Avenue do not have the driveway width necessary to park their vehicles in their back yards or between houses. However, the homes have driveway aprons 20 - 25 feet long between the sidewalk and the curb, and Whereas:The only parking that is available on Crowley is a lot that runs along the southern edge of Riverside Park. Persons utilizing the park consistently fill the spaces in this lot throughout the day. By 3:00 PM the lot is completely filled with the vehicles ofparticipants in the various baseball and softball leagues that utilize the park. The lot usually stays full past 9 PM, and Whereas:The residents of Crowley Avenue that are not home from work early enough in the day to find a spot in the Riverside Park lot face the daily task parking as far as 3 blocks from their homes, and Whereas:Chapter 511-66 of the City Ordinances allows the Common Council to create Residential Overlay Parking Districts to provide parking relief for residents such as those on Crowley Avenue. Be It Resolved: This Common Council moves to establish a Residential Overlay Parking District on Crowley Avenue, between Niagara Street and Tonawanda Street. This honorable body requests responses regarding this matter from the City Engineer and the Department of Parking Enforcement, the responses should be filed in the City Clerk's Page 55 01-0515ss-0502.txt office by 2:00 PM May 24th, 2001, The Common Council requests that Council Staff schedule the required Public Hearing and notice for this matter, and Be It Finally Resolved: Upon receipt of the aforementioned responses and completion of the public hearing, this Common Council requests the Corporation Counsel to draft the appropriate legislation to create a Crowley Avenue residential Overlay Parking District REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS, THE CORPORATION COUNSEL AND THE DIRECTOR OF PARKING ENFORCEMENT NO. 152 BY: MRS. GRANT TRANSFER OF FUNDS STREET SANITATION - CAPITAL OUTLAY 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 $60,843 be and the same is hereby transferred within the Division of Street Sanitation and said sum is hereby reapproppniated as set forth below From: 15050007- Public Works, Parks & Streets - Street Sanitation - Bldg Flt Maint 474200 - Vehicles$38,525 490000 - Freeze Account$22,318 Total $60,843 To: 15020007- Public Works, Parks & Streets - Street Sanitation - Admin Svcs 474100 - Equipment $602843 PASSED AYES -13 NOES - 0 By: Ms. Grant No. 153 Bond Resolution $250,000 Bonds Planning Improvements Fillmore Avenue Fire Station Account No. 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $250,000 General Improvement Bonds of said City to finance the cost of planning a new Fillmore Avenue Fire Station, at the estimated maximum cost of $250,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Fifty Thousand Dollars ($250,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), to finance the cost of planning a new Fillmore Avenue Fire Station, including preparation of preliminary plans and specifications. 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 $250,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2000-01, as Page 56 01-0515ss-0502.txt amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings "New Fillmore Avenue Fire Station (Study and Design), 2000-0l," Account No. 3000-32, and shall be used for the purpose specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $250,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness for the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 62(2"d) of the Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the 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 TABLE By: Ms. Grant: NO. 154 Bond Resolution $400,000 Bonds Infrastructure Improvements/ Fillmore District Account 3000-31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $400,000 General Improvement Bonds of said City to finance the cost of the infrastructure improvements to the Fillmore District including street paving, sidewalks, curbs, street lighting and other right-of-way enhancements, at the estimated maximum cost of Page 57 01-0515ss-0502.txt $400,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Four Hundred Thousand Dollars ($400,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law") to finance the cost of the infrastructure improvements to the Fillmore District including street paving, sidewalks, curbs, street lighting and other right-of-way enhancements. The estimated maximum cost of said 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 $400,000, as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2001-02, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Engineering, "Infrastructure Improvements Fillmore District, 2001-02", Bond Authorization Account No. 3000-31, 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 $400,000. This resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11. 00 a. 9 1. 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 a 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 Page 58 01-0515ss-0502.txt 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 By: Mrs. LoTempio No. 155 A Plan For Sharing The Growth Of The 8th penny Of The Sales Tax Whereas: Local elected officials from throughout Erie County have been working to forge an equitable and realistic plan to share in the revenues generated by the 8 01 penny of the sales tax; and Whereas: Among the factors that have been weighed by the officials are fairness for local taxpayers, protecting recent Erie County property tax cuts, and using the revenues from the 8'h penny in a way that encourages efficiency and effectiveness; and Whereas: The local officials, who represent the Buffalo Common Council, the County Legislature, the towns of Amherst, Cheektowaga, and Lancaster; and many other towns and villages in the County, have developed a plan that gives weight to all three of these factors; and Whereas: This plan won't fully satisfy any of the parties that must make it work, but it balances the above factors well enough that all parties should be able to work with it and benefit from it; Now, Therefore, Be It Resolved That: Unless and until a more equitable plan is devised and agreed to in the future, this Common Council endorses the following plan, developed by a broad coalition of local elected officials, for sharing in the growth of the 8th penny of the sales tax:  Every year, Erie County, unless and until a more equitable plan is devised and agreed upon, will receive the full measure of the 81h penny as it was recorded in the year 2000. This amount is $112,748,801.48  The money that is collected above $112,748,801.48 (the growth of the 8th penny) will be distributed according to the formula that was adopted in the 1977 Sales Tax Sharing Agreement, with one exception. The 35.3055% that was allocated to Erie County under that formula, will go to a Government Efficiency Fund. The Government Efficiency Fund will be set aside each year for local governments in proportion to their populations. When a local government unit approves funding for a plan that provides taxpayer savings through consolidation, shared services, merged services, joint government ventures, or other modes of service modification, it will be provided with an equal match from the Fund. so that local taxpayers will see a double savings. If a local government unit doesn't use its proportional share of the Fund, that share will be returned to the Fund and will be part of the amount that is divided up in the following year  The remainder of the growth, as detailed in the 1977 agreement, will be distributed as follows: 10.0087% to the cities of Buffalo, Lackawanna and Tonawanda based on the relative populations of these cities according to the most recent census 29.0000% to the public school districts of Erie County, distributed in proportion to the average daily attendance of pupils residing in each school district for the last preceding school year 25.6858% to the cities, towns and villages of Erie County in proportion to their respective populations, with the town shares going toward the reduction of County and town property taxes; and Be It Further Resolved That: The City Clerk be directed to send certified copies of this resolution to Erie County Executive Joel A. Giambra, and to each member of the Erie County Legislature, with a request for a response before Page 59 01-0515ss-0502.txt Thursday, June 12, 2001 at 2:00 PM. ADOPT FINAL RESOLVE, THE REMAINDER TO THE COMMITTEE ON REGIONAL GOVERNANCE By: Mrs. LoTempio: No. 156 Ordinance Amendment Chapter 137 - Code Enforcement The Common Council of the City of Buffalo does hereby ordain as follows: That Section 137-7 of Chapter 137 of the Code of the City of Buffalo be amended to read as follows: Fine Initial Additional Maximum FINE CLASS G $200.00 $200.00 $200.00 $600.00 * Unauthorized City Tower - Chapter 454-13 It is hereby certified, pursuant to Section 3-19 of the Charter of the City of Buffalo, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM REFERRED TO THE COMMITTEE ON LEGISLATION By: Mrs. LoTempio No. 157 City of Buffalo Local Law No. _ (2001) Introductory No. (3 (2001) A LOCAL LAW amending section twenty-five dash five of article twenty-five of the charter of the city of Buffalo, in relation to police and fire pensions. BE IT ENACTED BY THE COMMON COUNCIL OFTHE CITY OF BUFFALO AS FOLLOWS: Section 1. That section twenty-five dash five of article twenty-five of the charter of the city of Buffalo, adopted pursuant to law, be amended to read as follows: Sec. 25-5. Amount of Pension. Pensions shall be paid in equal monthly installments as, follows: (a) To a member retired pursuant to subdivision one of section four hundred sixty-three of the charter of the city of Buffalo in effect on July 1, 1999 or subdivision one of section four hundred sixty-four of the charter of the city of Buffalo in effect on July 1, 1999, a sum equal to one-half of such member's salary or compensation received at the time of his retirement, but not less than one thousand [eighty-five] one hundred thirty-five dollars per month. (b) To a member retired after this local law takes effect solely by reason of twenty-five years of service, a sum equal to one-half of such member's salary or compensation received at the time of his or her retirement but not less than one thousand [eighty-five] one hundred thirty-five dollars per month. (c) To a member retired pursuant to subdivision four of section four hundred sixty-four of the charter of the city of Buffalo in effect on July 1, 1999, a sum equal to one-half of such member's salary or compensation received at the time of his or her retirement but not less than one thousand one thousand [eighty-five] one hundred thirty-five dollars per month. (d) To a member retired pursuant to subdivision five of section four hundred sixty-four of the charter of the city of Buffalo in effect on July 1, 1999, a pension shall be granted upon the conditions and at the rate applicable to said member on the day preceding his or her receipt of said notice of discharge or demotion but not less than one thousand one thousand [eighty-five] one hundred thirty-five dollars per month. Page 60 01-0515ss-0502.txt (e) To a member retired by reason of having reached the age of seventy years, a sum equal to one-half of such member's salary or compensation received at the time of his or her retirement but not less than one thousand one thousand [eighty-five] one hundred thirty-five dollars per month. (f) To any member retired on account of injury, disease or disability and who has completed ten or more years of service, a sum equal to one-half of such member's salary or compensation received at the of his or her retirement but not less than one thousand one thousand [eighty-five] one hundred thirty dollars per month. (g) To the widow of any member heretofore or hereafter killed in the discharge of his or her duty in said department, a sum in monthly installments equal to his or her salary or compensation for one year at the rate paid him or her at the time of his or her death and after the first year the sum of [eight hundred and sixty] nine hundred and ten dollars per month, (h) To the widow of any member who dies or has heretofore died as a result of injury received in the discharge of his or her duty in said department, a sum in monthly installments equal to his or her salary or compensation for one year at the rate paid him or her at the time of his or her death and thereafter the sum of [eight hundred and sixty] nine hundred and ten dollars per month until her death or remarriage. (i) To the widow of a member who dies or has heretofore died while in service or after retirement, a sum of [eight hundred and sixty] nine hundred and ten dollars per month during her lifetime or until her remarriage. (j) To each child of a deceased member and to any incompetent son or daughter over the age of eighteen years, the sum of ten dollars per month in a case where the deceased left a widow surviving; in the event that such a surviving widow shall predecease an incompetent son or daughter said son or daughter shall be entitled to an amount equal to the said widow's pension in addition to said pension of ten dollars per month, or in the event that such widow shall die without receiving a pension or shall remarry, then an amount equal to the widow's pension shall be paid to such child and to any incompetent son or (laughter over the age of eighteen years in addition to said pension of ten dollars per month; if there be more than one child and more than one incompetent son and daughter over the age of eighteen years, then said additional amount shall be equally divided among such children and incompetent children over the age of eighteen years. (n) In addition to any payments provided in subdivisions one, two, three, four, five and six of this section, there shall be paid to a member an annual pension total of the pension amount as prescribed on June thirty two thousand one, plus an additional amount of twenty-five dollars per month. Section 2. This local law shall take effect July 1, 2001. APPROVED AS TO FORM LAID ON THE TABLE By: Councilmember Mary Martino No. 158 SUBJECT: Waive Fees for St. Ambrose Parish Picnic Whereas: St. Ambrose Parish will be holding their second annual parish picnic this year on Saturday, August 25, 2001, on the church and school grounds, located at 260 Okell Street; and Whereas: This parish picnic is an event that strengthens the community while raising funds for St. Ambrose Parish. This event is made possible with the cooperation of a vast network of volunteers and the donations of many sources; and Whereas: The City of Buffalo requires a permit for the closing of Ridgewood. Road. The St. Ambrose Parish Picnic Committee is Page 61 01-0515ss-0502.txt requesting that this fee be waived for this event; and Now, Therefore, Be It Resolved: That the City of Buffalo Common Council does hereby waive the: street closing permit fees for the St. Ambrose Parish Picnic. PASSED AYES -13 NOES - 0 By: Councilmember Mary Martino No. 159 Waive Rental Fees for Cazenovia Park Casino Whereas: On Thursday, August 2, 2001, the Seneca-Cazenovia Community Square Corp., on behalf of People Inc. will be holding their annual senior picnic from approximately 9:00am to 3:00pm; and Whereas: The Seneca-Cazenovia Community Square Corp. anticipates approximately 100 seniors will be attending this function; and Whereas: The City of Buffalo requires a permit for the rental of the Cazenovia Park Casino. The planning committee is requesting that the fees be waived for this, event so that the seniors in attendance will receive the maximum benefits for funding available; and Now, Therefore, Be It Resolved: That the City of Buffalo Common Council does hereby waive the fees for the rental of the Cazenovia Park Casino for the Annual Senior Picnic on Thursday, August 2, 2001. PASSED AYES - 13 - NOES - 0 By: Mr. Pitts No. 160 Re: Amend Community Development Block Grant - 27th Year Whereas: On Tuesday, February 27, 2001, at a Special Session of the Common Council, the 27'h Year Community Development Block Grant budget was approved; and Whereas: As part of the budget process, the Council and the administration had agreed to adequately fund the delivery of housing and community building services by Community Based Organizations; and Whereas: Item 191 C.C.P. March 6, 2001 - "Community Development Block Grant -27th Year", was passed by this Council to identify the source of a $658,000 addition to the "CBO/NHS Program Delivery" line in the Block Grant budget, bringing that line to a total of $1,488,000; and Whereas: When proposals were submitted by the 3 consortia that had been formed to carry out the community based delivery of housing and community building services as requested by the Office of Strategic Planning, their combined budget totaled $2,038,295; and Whereas: In order to adequately fund the delivery of these services, a sum of $550,000 has been identified in the HOME portion of the "Citywide - Major Rehabilitation Initiatives" line of the adopted Block Grant budget, taking the HOME portion from $1,001,500 to 451,500 and increasing the "CBO/NHS Program Delivery" line to $2,038,000; Now, Therefore, Be It Resolved That: This Common Council approve the following revision to the Year:27 Community Development Block Grant budget: That $550,000 be transferred From: The HOME portion of the "Citywide - Major Rehabilitation Initiatives" line To: The "CBO/NHS Program Delivery" line; and Be It Further Resolved That: Page 62 01-0515ss-0502.txt This Council requests the Office of Strategic Planning to adjust the revolving loan program budgets of the three consortia, giving them adequate funds to offer loan products of the same quality to all of the City's neighborhoods. PASSED AYES -13 NOES - 0 BY: Mr. Pitts No. 161 Waive Permit Fees for Frederick Douglas Towers NOW THEREFORE BE IT RESOLVED: That Reconstruction Permit Fees for Frederick Douglas Towers be waived. That the amount of these fees be filed with the Council for informational purposes. PASSED AYES - 13 - NOES - 0 By: Mr. Thompson NO. 162 Establishment of Scared Straight Program Whereas: There has been a rise in Juvenile Delinquency; and Whereas: Delinquent behavior is glorified in various forms of entertainment from music to television; and Whereas: The entertainment business has a tremendous influence and effect on the lives of many juveniles; and Whereas: The entertainment field is a fantasy world in which many juveniles tend to try to act out or live in; and Whereas: A dose of reality would prove to be beneficial in disillusioning the glorification of delinquent behavior; and Whereas: The Scared Straight program started in the mid-1970's by a group of lifers a Rahway (New Jersey) State Prison began a juvenile awareness program designed to bring at risk juveniles into contact with the Justice System to let them see the end results of socially unacceptable behavior first hand; and Whereas: Similar programs have been adopted around the country aimed at crime prevention and positive life choices; and Whereas: A Scared Straight program or one similar to the basic principles, first hand display of consequences of socially unacceptable behavior, crime prevention and positive life choices, for at risk youth, community and faith based organizations and youth justice systems would be beneficial in the City of Buffalo; Now Therefore Be It Resolved That: The Buffalo Police Department develops a scared straight program for the City of Buffalo and File a report with this Common Council by Thursday, June 7, 2001 by 2:00 PM.; and Be It Further Resolved That: Consistent monitoring and evaluation mechanism are put in place, and the program is ongoing to avoid becoming a few hour event; REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION AND THE COMMISSIONER OF POLICE By: Mr. Thompson NO. 163 Opening of school buildings for community accessibility Whereas: Recently, the Board of Education has proposed to end busing and place an emphasis on community/ neighborhood Schools; and Whereas Particular emphasis should be set to allow the community to Page 63 01-0515ss-0502.txt have greater access to schools as a proactive approach to avert any potential hazards or injustices; and Whereas: In order for Buffalo Public Schools to become truly "Community Schools", residents in these communities must take pride and ownership in the neighborhood school; and Whereas: Opening Buffalo Public Schools to serve as a centralized community oriented facility to neighboring community residents for usage of the facilities such as the auditorium, gym and class rooms for community meetings, events and community oriented programs can accomplish this goal; and Whereas: The installation of pride and ownership has positive results in the upkeep of the school, reduction of vandalism, better parent and teacher associations and the unwillingness to let the school fall to substandard educational and maintenance levels; and Whereas: Suburban schools currently open their facilities to neighboring communities; Now Therefore Be It Resolved That: The Board of Education opens Buffalo Public Schools 300 (Jays a year for accessibility for neighboring communities. REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION By: Mr. Thompson No. 164 Voter Election Reform Whereas: One of the most important rights of citizens of the United States is the right to vote. Since the signing of the Declaration of independence to the ratification of the U.S. Constitution numerous conversations and controversies have centered around the right for citizens to vote; and Whereas: Propertied and wealthy men have tended to enjoy a bigger voice and role in electoral politics and voter participation, unfortunately, the working class, people of color, women and various ethnic and religious groups have experienced continuous challenges in participating in the U.S. democratic process; and Whereas: The 15th and 19th Amendments to the United States Constitution increased participation for people of color and women in the electoral process, However, significant changes in American society did not take place until the passage of the Voting Rights Act of 1964; and Whereas: Since the passage of the Voting Rights of 1964 more women and people of color have been elected to public office. Unfortunately there are not any Africa n-American governors or U.S. Senators currently in office. The 2000 U.S. Presidential Election represents one of the biggest tragedies to American democracy since Jim Crow (legalized segregation and discrimination in America). Many people in African -America n, Latino and Jewish communities were denied the right to vote for various questionable purposes. There were many reports of voter intimidation by way of road blocks near voting sites, warrant checks at poll sites, and denying people their right to vote when they had a voters card; and Whereas: The aftermath of the 2000 U.S. Presidential Election could potentially happen in any city, county, or state in America. This potential undermines the democracy of the United States and the safety and security of the nation. It is in the best interest of democracy in New York State that we implement bi-partisan electoral reform; Now, Therefore, Be It Resolved: That this Common Council memorializes the New York State Legislature to adopt the following recommendations to preserve American Democracy and the rights of all citizens: Same Day Voter Registration for all U.S. Citizens, Page 64 01-0515ss-0502.txt allowing citizens to register and vote on election day Early Vote Programs in All Communities in New York State, which would allow people to vote at designated polling sites prior to Election Day Absentee Ballot Voting as an alternative to voting in person (currently residents must be out of town) Ensure that internet or electronic voting does not expand the Digital Divide (access between people and computers); and Be It Further Resolved: That copies of this resolution be sent to Speaker of the NEW York State Assembly, the majority leader of the New York State Senate, the Western New York State legislative delegation, New York State Board of Elections, The Erie County Legislature, The Buffalo chapter of the NAACP, the Erie County Chapter of the SCLC, The League of Women Voters of Western New York, and the Black Leadership Forum. REFERRED TO THE COMMITTEE ON LEGISTITION AND THE BOARD OF ELECTIONS Ms. Barbara Miller-Williams No. 165 Boys Scouts/Cub Scouts Olympiad Weekend Whereas: The Boys Scouts of America is celebrating its Boys Scouts/Cub Scouts Olympiad Weekend; and Whereas: Representatives form the Greater Niagara Frontier Council, Inc. have requested permission to hang a banner across the front of the Johnnie B. Wiley Sports Pavilion, located at Jefferson Avenue and Best Street; and Whereas: The organizers would like to display the banners from Friday, May 18, 2001 through Saturday, May 19, 2001 in celebration of this event and to declare the weekend as Boys Scout/ Cub Scouts Weekend. Now, Therefore, Be It Resolved: This Common Council grants permission to the Boys Scouts of America to hang a banner to celebrate The Scout Olympiad weekend from Friday, May 18, 2001 to Saturday, May 19, 2001 providing the banner meet all requirements of all pertinent city departments and violate no existing laws and ordinances. Be it Further Resolved: That the City of Buffalo declare the Weekend of Friday, May 18, 2001 and Saturday, May 19, 2001 Boys Scouts/Cub Scouts Weekend. ADOPTED NO. 166 MS. BARBARA MILLER-WILLIAMS COMMUNITY BEAUTIFICATION PIOJECT-564 SEVENTH Whereas: The Community Garden Program has been formed to provide support to Urban residents interested in gardening and neighborhood beautification; and Whereas: The program seeks to take vacant city owned lots and turn them into blooming areas of flowers and vegetation; and Whereas: The program encourages community residents and members of the education community to care for and nurture small tracts of land that might otherwise be spots for illegal dumping and/or neglect; and Whereas: Vacant city owned property located 564 Seventh Street is currently being considered for use as a community garden by the members of the P. S.A. at D'Youville Porter Campus School #3 in conjunction with M &T Bank; and Whereas: Beautification of the lot located at 564 Seventh Street will consist of landscaping with the addition of flowers and shrubbery to be used by children to learn about nature and to enhance the declining Page 65 01-0515ss-0502.txt condition of the property. Now, Therefore, Be It Resolved That: This Common Council requests the Division of Real Estate to Authorize the use of 564 Seventh Street for a community garden by the members of P.S.A. at D'Youville Porter Campus School #3. REFERRED TO THE COMMITTEE ON FINACE, AND THE DIRECTOR OF REAL ESTATE By: Ms. Miller-Williams No. 167 Ordinance Amendment Chapter 175 - Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 316 of Chapter 175, Fees, of the Code of the City of Buffalo be amended to read as follows:  316-50, vending licenses in Special Downtown Vending District Annual site (4x8 sq. ft or smaller) $315.00 Temporary site $52.50 Daily site $10.50 Specialty food site $9.80 per square foot It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM NOTE: Matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 168 BY. MS WILLIAMS SET PUBLIC HEARING - DOWNTOWN ENTERTAINMENT DISTRICT PHASE I URBAN RENEWAL PLAN AMENDMENT WHEREAS, the Common Council of the City of Buffalo approved the Downtown Entertainment District Phase I Urban Renewal Plan on May 1, 1979, C.C.P. No. :36; and WHEREAS, the recently completed "Downtown Buffalo Strategic Plan" recommends the implementation of a Downtown Housing Initiative to foster revitalization downtown by promoting the adaptive reuse of neglected historic propertied for non-traditional residential and mixed-use redevelopment; and WHEREAS, it has been determined by the Office of Strategic Planning that an amendment to the approved Urban Renewal Plan is necessary for the redevelopment of the project area and to foster the redevelopment of the historic Vemor Building; and WHEREAS, the City Planning Board, upon conducting a public hearing, approved the proposed amendment to the Urban Renewal Plan on April 24, 200 1; and WHEREAS, Article 15 of the General Municipal Law requires that an Urban Renewal Plan amendment be approved only after a public hearing is conducted, upon due notice; NOW, THEREFORE, BE IT RESOLVED: 1.That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News and the City Record, no later than the 1st day of June,2001; 2. That this Common Council will conduct a public hearing on the matters stated in said "Notice of Hearing" at 2:00 p.m. in the Common Council Chambers on June 12, 2001. ADOPTED Ms. Barbara Miller-Williams Page 66 01-0515ss-0502.txt No. 169 Re-Establish Task Force on Violent C rime Whereas: In less than five months into the Year 2001, the homicide rate in the City of Buffalo is at an alarming high rate and this increase of violence is having a devastating effect on our neighborhoods; and Whereas: The disruptive and violent behavior of a small percentage of people limits the ability of the majority of our citizens to live in a positive atmosphere; and Whereas: The City of Buffalo has been plagued by a rash of recent killings that has brought the homicide total this year to 27 with only 7 solved. Compared to last year through the same period, there were 17 homicides and 9 solved; and Whereas: Of the 27 homicides this year, at least 3 of the victims were between the ages of 14-21 years, Members of the same age group have beer. Suspected of committing two of these homicides; and Whereas: All of the homicides have involved illegal criminal activities and in specific cases resulted from drug-related violence or other criminal activity such as burglary; and Whereas: Over the past several months, an alarming rate demonstrating the recent FBI reports on the increase in all violent crimes in the Buffalo area is a continuing trend and action must be taken to deal with this problem immediately to further prevent the loss of lives; and Whereas: Numerous crime intervention and prevention programs exist within our area law enforcement agencies, however, an aggressive collaborative effort is required to reestablish safe communities and address the increase in violent crime; and Whereas: The Task Force on Violent Crimes should be re-established to resume discussion, to educate citizens on crime prevention techniques, and to open communication between citizens and law enforcement agencies on a consistent basis. The Task Force should also study specific actions taken by the Buffalo Police Department, in conjunction with the Erie County Sheriff Department, New York State Police, C. 1. A. and the F.B.I. and all other supporting agencies to eradicate criminal activities throughout the City of Buffalo; and Whereas: The re-established Task Force on Violent Crime should work diligently to insure that visible changes occur to restore a sense of safety, peace and tranquility throughout all of the City's neighborhoods. Now, Therefore, Be It Resolved: That this Common Council re-establish the Task Force on Violent Crime comprised of members of Local, County, State, and Federal representatives, to include elected and non-elected city officials, members of the Judicial Branch, and community representatives to work toward making immediate recommendations to assist in the reduction of the high incidents of violent crime. ADOPTED By Mrs. Williams No. 170 Felicitations/In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for African Methodist Episcopal Church By Councilmember Pitts, Felicitation for Zion Dominion COGIC Women's Dept. By Councilmember Fisher Felicitation for Rev James Lewis By Councilmember Pitts ADOPTED. Page 67 01-0515ss-0502.txt BARBARA A. WILLIAMS No. 171 Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2002 , conditional upon the person so appointed certifying under oath to their qualifications and filling same with the City Clerk: KYDALE STATEN JEFFREY GOODRUM HENRY SEVILLIAN ARTHUR EVE,JR. RONALD BROWN ROLAND AUTRY TERRANCEJOHNSON MILDRED BISHOP SIMON CROOM ARMAL MORRIS RUSSELL HICKS DEBRAJACKSON ANTHONY PICKENS JAKE MULLEN EVELYN J. SLIWA PAUL A. BEYER RALPH J. ABRAMO JOSEPH CHILICKI JOSEPHINE M. DALESSANDRO MARTIN G. DARMSTEDTER DEBORAH FERRO JOSEPH G. GIAMBRA STEVEN GIGANTE JOHN HALL CHERYL KULINSKI ANTHONY J. NOTARO JAMES F. NOTARP,SR. MICHAEL SNYDER ERIC K. STRAUCH PAMELA J. TAIT SYLVIA J. YOUNG RICKEY T. DONOVAN,SR. STEPHEN J. GODZISZ JANICE M. TIGG Walter Koch Michele Kostran Alexandra McPherson Ryan McPherson Andrew Morrison Jessica Ottney Lisa C. Ringer Jennifer Speer Charles Redden Larthonia Redden A. J. Briggs Jerome W. Dixon John Durrenburger Jason C. Esposito Donna McCartney Henry Lakeata Johnson Audrey A. King Christine M. Kulifaj Damien A. LaManna Martha Lamparelli Janice M. Litke Randolf Machelor Tracey M. McNerney William A. Nicholas Justin Norton Venecia Nowakowski Nicholas M. Page David L. Penna Bridget B. Richardson Emilie J. Riester Paul H. Riester Daniel A. Rusin Patrick J. Ryan Russell Smith John M. Skrzypczyk Richard J. Syracuse John Totaro Mary L. Turkiewicz Rita M. Turkiewicz Brett R. Walton Gail R. Walton Michael R. Walton Sandra D. Waugaman-Beck Bronte Williams Kenny J. Williams Elaine T. Blyden Marian L. Davis Gina R. Davis ADOPTED UNFINISHED BUSINESS No. 172 Bond Resolution-$ 7,6 82,45 5 -Exp. of Adam Pkg. Ramp (No. 201, C.C.P. May 1, 2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mrs. Martino CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Bonifacio PASSED AYES - 13 - NOES - 0 Page 68 01-0515ss-0502.txt No. 173 Bond Resolution-$13,636,464-Augspurger Pkg, Ramp Add. (No. 202, C.C.P. May 1, 2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Coppola CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Golombek PASSED AYES - 13 - NOES - 0 No. 174 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 22, 2001 at 9:30 o'clock A.M. Committee on Finance Tuesday, May 22, 2001 following Civil Service Committee on Legislation Tuesday, May 22, 2001 at 2:00 o'clock P.M. Committee on Comm. Div. Wednesday, May 23, 2001 at 10:00 o'clock A.M. Committee on Education Wednesday, May 23, 2001 at 2:00 o'clock P.M. Special Committees (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees.. In the event that there is sufficient .time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore,, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. No. 175 Adjournment On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the Council adjourned at 4:10 pm COMMON COUNCIL CITY HALL - BUFFALO RECESSED SESSION WEDNESDAY, MAY 2,2001 at 9:00 AM PRESENT : James W. Pitts President of the Council, and Council Members Bonifacio, Coppola, Ellington, Golombek, Grant, LoTempio, Martino, Thompson and Williams - 10 ABSENT Fisher, Fontana and Gray - 3 No. 1 Mrs. LoTempio moved that the Common Council now resolve into the Committee of the Whole, for the purpose of considering the Mayor's Budget Estimates for the Fiscal Year beginning My 1, 2001, and ending June 30, 2002. Seconded by Mr. Thompson Carried. No. 2 Council Member Fisher now took his seat in the Council Chamber at 9:12 am Council Member Fontananow took his seat in the Council Page 69 01-0515ss-0502.txt Chamber at 9:15 am No. 3 At 12:45 p.m. Mrs. LoTempio moved to recess until 2:00 P.M. to continue the Budget Hearings. Seconded by Ms. Ellington Carried. COMMON COUNCIL CITY HALL - BUFFALO RECESSED SESSION WEDNESDAY, MAY 2, 2001 at 2:00 PM PRESENT: Council Members Bonifacio, Coppola, Ellington, Fisher, Fontana, Golombek, LoTempio, Martino, Thompson, and Williams - 10. ABSENT Grant, Gray and Pitts No. 4 At 2:10 p.m. the Committee of the Whole reconvened with the following members present: Council members Bonifacio, Coppola, Ellington, Fisher, Fontana, Golombek, LoTempio, Martino, Thompson, Williams - 10 Absent: Grant, Gray and Pitts - 3 Seconded by Williams CARRIED. No. 5 Council Member Grant now took his/her seat in the Council Chamber at 2:11 p.m. No. 6 There being no further business in connection with the consideration of the items before the Committee of the Whole, it was moved by Mrs. LoTempio, seconded by Martino that the Committee of the Whole now resolve into the Common Council. CARRIED. No. 7 On a motion by Mrs. LoTempio, seconded by Martino the Common Council adjourned at 2:58 p.m. ADOPTED. COMMON COUNCIL CITY HALL - BUFFALO RECESSED SESSION THURSDAY, MAY 3,2001 at 9:00 AM PRESENT : James W. Pitts President of the Council, and Council Members Bonifacio, Coppola, Fontana, Golombek, Grant, LoTempio, Martino, and Williams - 9 ABSENT Ellington, Fisher, Gray and Thompson - 4 No. 8 On a motion by Mrs. LoTempio, seconded by Williams the Common Council adjourned at 10:25 am ADOPTBD. No. 9 Council Member Thompson now took his seat in the Council Chamber at 9:12 am Council Member Ellington now took her seat in the Council Chamber at 9:14 am Page 70 01-0515ss-0502.txt Council Member Fisher now took his seat in the Council Chamber at 9:52 am No. 10 Mrs. LoTempio moved that the Common Council now resolve into the Committee of the Whole, for the purpose of considering the Mayor's Budget Estimates for the Fiscal Year beginning July 1, 2001, and ending June 30, 2002 at 9:10 AM. Seconded by Williams Carried. COMMON COUNCIL CITY HALL - BUFFALO RECESSED SESSION THURSDAY, MAY 3,2001 at 2:00 PM PRESENT: James W. Pitts President of the Council, and Council Members Bonifacio, Coppola, Fontana, Golombek and LoTempio- 6 ABSENT Ellington, Fisher, Grant, Gray Martino, Thompson and Williams - 7 No. 11 At 2:05 p.m. the Committee of the Whole reconvened with the following members present: Council members Bonifacio, Coppola, Fontana, Golombek, LoTempio, and Pitts, - 6 Absent: Ellington, Fisher, Grant, Gray, Martino, Thompson and Williams - 7 Seconded by Mrs. LoTempio CARRIED. No. 12 Council Member Grant now took her seat in the Council Chamber at 2:07 p.m. Council Member Williams now took her seat in the Council Chamber at 2:07 p.m. Council Member Ellington now took her seat in the Council Chamber at 2:07 p.m. Council Member Fisher now took his seat in the Council Chamber at 2:45 p.m. Council Member Martino now took her seat in Council Chamber at 2:50 p.m. No. 13 There being no further business in connection with the consideration of the items before the Committee of the Whole, it was moved by Mrs. LoTempio, seconded by Fontana that the Committee of the Whole now resolve into the Common Council. CARRIED No. 14 On a motion by Mrs. LoTempio, seconded by Mr. Fisher the Common Council adjourned at 3:55 p.m. ADOPTED. COMMON COUNCIL CITV HALL - BUFFALO RECESSED SESSION Friday May 4, 2001 at 9:00 AM PRESENT: Council Members Bonifacio, Ellington, Fontana, Golombek, LoTempio, Thompson and Williams - 7 ABSENT Coppola, Fisher, Grant, Gray, Martino and Pitts - 6 Page 71 01-0515ss-0502.txt No. 15 Mrs. LoTempio, moved that the Common Council now resolve into the Committee of the Whole, for the purpose of considering the Mayor's Budget Estimates for the Fiscal Year beginning July 1, 2001, and ending June 30, 2002 at 9:08 am Seconded by Williams Carried. No. 16 Council Member Coppola now took his seat in the Council Chamber at 9:09 am Council Member Fisher now took his seat in the Council Chamber at 9:25 am Council Member Martino now took her seat in the Council Chamber at 9:30 am Council Member Pitts now took his seat in the Council Chamber at 9:44 am Council Member Grant now took her seat in the Council Chamber at 9:55 am No. 17 On a motion by Mrs. LoTempio, seconded by Williams the Common Council adjourned at 10:20 am ADOPTED. COMMON COUNCIL CITY HALL - BUFFALO RECESSED SESSION FRIDAY, MAY 4,2001 At 1:30 p.m. PRESENT : James W. Pitts President of the Council, and Council Members Bonifacio, Coppola, Ellington, Fontana, Golombek, LoTempio and Martino - 8 ABSENT Fisher, Grant, Gray, Thompson and Williams - 5 No. 18 At 1:40 p.m. the Committee of the Whole reconvened with the following members present Bonifacio, Coppola, Ellington, Fontana, Golombek, LoTempio, Martino, and Pitts, - 8 Absent: Fisher, Grant, Gray, Thompson and Williams Seconded by Fontana CARRIED. No. 19 Council Member Thompson now took his seat in Council Chamber at 1:42 p.m. No. 20 On a motion by Mrs. LoTempio, seconded by Coppola the Common Council adjourned at 2:30 p.m. ADOPTED COMMON COUNCIL CITY HALL - BUFFAILO RECESSED SESSION FRIDAY, MAY 4, 2001 at 3:00 PM PRESENT: James W. Pitts President of the Council, and Council Members Bonifacio, Coppola, Ellington, Fontana, Golombek and LoTempio - 7 ABSENT Fisher, Grant, Gray, Martino, Thompson and Williams - 6 Page 72 01-0515ss-0502.txt No. 21 At 2:58 p.m. the Committee of the Whole reconvened with the following members present: Bonifacio, Coppola, Ellington, Fontana, Golombek LoTempio and Pitts - 7 ABSENT Fisher, Grant, Gray, Martino, Thompson and Williams - 6 Seconded by CARRIED. No. 22 Council Member Thompson now took his seat in the Council Chamber at 2:59 p.m. Council Member Fisher now took his seat in the Council Chamber at 3:03 p.m. No. 23 There being no further business in connection with the consideration of the items before the Committee of the Whole, it was moved by Mrs. LoTempio, seconded by Thompson that the Committee of the Whole now resolve into the Common Council. CARRIED. No. 24 On a motion by Mrs. LoTempio, seconded by Thompson the Common Council adjourned at 3:15 v ADOPTED. COMMON COUNCIL CITY HALL - BUFFALO RECESSED SESSION MONDAY, MAY 7,2001 at 9:00 AM PRESENT : Council Members Bonifacio, Ellington, Fontana, Golombek, LoTempio, Thompson and Williams - 7 ABSENT Coppola, Fisher, Grant, Gray, Martino and Pitts - 6 No. 25 Mrs. LoTempio moved that the Common Council now resolve into the Committee of the Whole, for the purpose of considering the Mayor's Budget Estimates for the Fiscal Year beginning July 1, 2001, and ending June 30, 2002 at 9:15 am Seconded by Fontana Carried. No. 26 Council Member Martino now took her seat in the Council Chamber at 9:16 am Council Member Coppola now took his seat in the Council Chamber at 9:18 am Council Member Fisher now took his seat in the Council Chamber at 9:59 am Council Member Grant now took her seat in the Council Chamber at 10:36 am No. 27 On a motion by Mrs. LoTempio, seconded by Fontana the Common Council adjourned at 10:05 am ADOPTED. Out of recess at 10:35 am Seconded by Williams 11:45am On a motion by Mrs. LoTempio, seconded by Williams the Common Council adjourned at 11:45 am ADOPTED. Page 73 01-0515ss-0502.txt Recess until 2:00 p.m. COMMON COUNCIL CITY HALL - BUFFALO RECESSED SESSION MONDAY, MAY 7,2001 at 2:00 PM PRESENT : James W. Pitts President of the Council, and Council Members Bonifacio, Coppola, Ellington, Fontana, Golombek, Grant, LoTempio, Martino, and Williams - 9 ABSENT Fisher, Gray, Martino and Thompson - 4 No. 28 At 2:10 p.m. the Committee of the Whole reconvened with the following members present: Council members Bonifacio, Coppola, Ellington, Fontana, Golombek, Grant, LoTempio, Pitts, and Williams - 9 Absent: Fisher, Gray, Martino and Thompson - 4 Seconded by Williams CARRIED. No. 29 Council Member Thompson now took his seat in the Council Chamber at 2:15 p.m. Council Member Fisher now took his seat in the Council Chamber at 2:15 p.m. No. 30 There being no further business in connection with the consideration of the items before the Committee of the Whole, it was moved by Mrs. LoTempio, seconded by Fisher that the Committee of the Whole now resolve into the Common Council CARRIED. No.31 On a motion by Mrs. LoTempio, seconded by Bonifacio the Common Council adjourned at 4:15 p.m. ADOPTED. COMMON COUNCIL CITY HALL - BUFFALO RECESSED SESSION TUESDAY, MAY 8,2001 at 7:00 PM PRESENT : Council Members Bonifacio, Coppola, Ellington, Fisher, Golombek, Grant, ,LoTempio, Martino, and Williams - 9 ABSENT Fontana, Gray, Pitts and Thompson - 4 No. 32 Ms. Ellington moved that the Common Council now resolve into the Committee of the Whole, for the purpose of considering the Mayor's Budget Estimates for the Fiscal Year beginning July 1, 2001, and ending June 30, 2002 at 7:05 p.m. Seconded by Grant Carried. No. 33 Council Member Pitts now took his seat in the Council Chamber at 7:15 p.m. Council Member Fontana now took his seat in the Council Chamber at 8:00 p.m. No. 34 Page 74 01-0515ss-0502.txt There being no further business in connection with the consideration of the items before the Committee of the Whole, it was moved by Mrs. LoTempio, seconded by Grant that the Committee of the Whole now resolve into the Common Council 8:15 p.m. CARRIED. No. 35 On a motion by Mrs. LoTempio, seconded by GRANT the Common Council adjourned at 8:15 p.m. ADOPTED. COMMON COUNCIL CITY HALL - BUFFAILO RECESSED SESSION WEDNESDAV, MAY 9,2001 at 9:00 AM PRESENT: James W. Pitts President of the Council, and Council Members Bonifacio, Ellington, Fontana, Golombek, LoTempio, Martino, and Thompson - 8 ABSENT Coppola, Fisher, Grant, Gray and Williams - 5 No. 36 Council Member Williams now took her seat in the Council Chamber at 9:10 am Council Member Gray now took her seat in the Council Chamber at 9:22 am Council Member Coppola now took his seat in the Council Chamber at 9:35 am Council Member Fisher now took his seat in the Council Chamber at 9:52 am Council Member Grant now took her seat in the Council Chamber at 10:15 am No. 37 Mrs. LoTempio moved that the Common Council now resolve into the Committee of the Whole, for the purpose of considering the Mayor's Budget Estimates for the Fiscal Year beginning July 1, 2001, and ending June 30, 2002 at 9:10 AM. Seconded by Golombek Carried No. 38 On a motion by Mrs. LoTempio, seconded by Golombek the Common Council adjourned at 12:30 p.m. ADOPTED. COMMON COUNCIL CITV HALL - BUFFALO RECESSED SESSION WEDNESDAY, MAY 9,2001 at 1:30 PM PRESENT: James W. Pitts President of the Council, and Council Members Bonifacio, Grant, LoTempio, and Williams - 5 ABSENT. Coppola, Ellington, Fisher, Fontana, Golombek, Gray, Martino and Thompson - 8 No. 39 At 1:43 p.m. the Committee of the Whole reconvened with the following member present Bonifacio, Grant, LoTempio, Pitts and Williams - 5 Council members Bonifacio, Coppola, Ellington, Fisher, Fontana, Page 75 01-0515ss-0502.txt Golombek, Grant, Gray, LoTempio, Martino, Pitts, Thompson, Williams - 5 ABSENT. Coppola, Ellington, Fisher, Fontana, Golombek, Gray, Martino and Thompson - 8 Seconded by Grant CARRIED No 40 Council Member Ellington now took her seat in the Council Chamber at 1:46 p.m. Council Member Coppola now took his seat in the Council Chamber at 1:47 p.m. Council Member Golombek now took his seat in the Council Chamber at 1:47 PM Council Member Fontana now took his seat in the Council Chamber at 1:48 p.m. Council Member Martino now took her seat in the Council Chamber at 1:55 p.m. Council Member Fisher now took his seat in the Council Chamber at 2:06 p.m. No. 41 There being no further business in connection with the consideration of the items before the Committee of the Whole, it was moved by Mrs. LoTempio, seconded by Mr. Fontana that the Committee of the Whole now resolve into the Common Council. CARRIED. No. 42 On a motion by Mrs. LoTempio, seconded by Fisher the Common Council adjourned at 4:07 p.m. ADOPTED Page 76