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Home My WebLink About01-0417ss0406 01-0417ss0406.txt No. 8 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO April 17, 2001 SPECIAL SESSION April 6, 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 01-0417ss0406.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- Members 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, APRIL 17, 2001 AT 2:00 P.M. PRESENT - James W. Pitts President of the Council, and Council Members Bonifacio, Coppola, Ellington, Fisher, Fontana, Golombek, Grant, LoTempio, Martino, Pitts, Thompson, Williams - 12 ABSENT -- Gray 1 On a motion by Mrs. LoTempio, seconded by Mr. Fontana, the minutes of the stated meeting held on April 3, 2001 were approved. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BUFFALO ARTS COMMISSION NO. 1 2001-2002 ARTS Page 2 01-0417ss0406.txt FUNDING The Arts & Cultural Funding Advisory Committee and the Buffalo Arts Commission are pleased to submit the attached recommendations for cultural funding for the 2001-2002 fiscal year. We respectfully submit the attached correspondence to your Honorable Body pursuant to the City Code and urge you to honor this funding request. Thank you for your continued support and we look forward to further discussion of the above as needed. REFERRED TO THE COMMITTEE OF THE WHOLE FROM THE OFFICE OF CITIZEN SERVICES NO. 2 MONTHLY REPORT FROM THE DIVISION OF CITIZEN SERVICES (MAYORS COMPLAINT HOT LINE) Dear Members of Buffalo's Common Council: Attached is the March 2001 activity report from the Division of Citizen Services, as well as, a nine month compilation report. Also, for your information, the following constitute the top 10 complaint categories over the past nine (9) months: 1. Garbage -51,822 2. Housing Violations - 4,765 3. Trees -1,412 4. Totes -19333 5. User fee -19329 6. Plowing/ Snow -1,233 7. Recycle -788 8. Rodents -624 9. Police -553 1O.Abandoned Cars -496 18,355 or 81% of total calls (22,754) ATTACHMENTS RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO. 3 STEEPLE BAY APARTMENTS 173 HANCOCK STREET ACCESSORY SIGN ITEM NO. 98, C.C.P. 4/3/2001 The City Planning Board at its regular meeting held Tuesday, April 10, 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 three 41x5l ground "ID11 signs 61 high and one 3'x4l ground "ID11 sign 61 high at 173 Hancock Street. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The current zoning prohibits the proposed signs and the applicant has requested a variance before the Zoning Board of Appeals. The Planning Board has no objection to the proposed signs and would recommend approval conditioned on the Zoning Board of Appeals approval. RECEIVED AND FILED NO. 4 ELLICOTT DISTRICT CDC 368-374 BROADWAY HUMAN SERVICE FACILITY ITEM NO. 96, C.C.P. 4/3/2001 Page 3 01-0417ss0406.txt The City Planning Board at its regular meeting held Tuesday, April 10, 2001, considered the matter captioned above pursuant to Section 511-136 of the Buffalo Code, Use permit required for human service facilities. The applicant seeks to convert a vacant mixed use multi-floor building into a human service facility with 13 apartments with some transitional housing units at 368-374 Broadway. Under SEQR the proposed Human Service Facility is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to communicate a finding of no additional concentration of similar uses within 16~ mile radius of the site. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 5 BENDERSON DEVELOPMENT CO. 210 DELAWARE AVE. NON-ACCESSORY ADVERTISING BANNERS ITEM NO. 99, C.C.P. 4/3/2001 The City Planning Board at its regular meeting held Tuesday, April 10, 2000, considered the matter captioned above pursuant to Section 511-63(H) of the Buffalo Code, Sign Overlay District, Restricted Use Permit. The applicant seeks to erect twelve (12) non-accessory advertising banners each measuring 41x2l on the exterior walls of the new Hampton Inn located at 210 Delaware Avenue. The proposed banners will hang between the 5 th and 3 rd floors. The proposed non-accessory banners and the cumulative size of the banners are not permitted in the Downtown Zoning Districts which is the reason for this restricted use permit application. The Planning Board voted to recommend denial of the proposed non-accessory banners and note that they approve the concept. The Planning Board asks that Common Council direct the law department to investigate an ordinance amendment that may allow such banners. RECEIVED AND FILED NO. 6 CELLINO AND BARNES 451 GRIDER ST. ACCESSORY SIGN ITEM NO. 95, C.C.P. 4/3/2001 The City Planning Board at its regular meeting held Tuesday, April 10, 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 41611x6l ground "ID" sign at 451 Grider Street. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the proposed accessory ground sign conditioned on the previous conditions set by the Planning Board through City-wide design and site plan approval. RECEIVED AND FILED NO. 7 HISTORICAL SOCIETY OF BUFFALO 451 FOREST AVE. ACCESSORY SIGN ITEM NO. 97, C.C.P. 4/3/2001 Page 4 01-0417ss0406.txt The City Planning Board at its regular meeting held Tuesday, April 10, 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 101x3l ground "ID11 sign at 451 Forest Avenue. Under SEQR the proposed sign is considered an unlisted action which may be studied through uncoordinated review. The current zoning prohibits the proposed sign and the applicant has requested a variance before the Zoning Board of Appeals. The Planning Board has no objection to the proposed sign and would recommend approval conditioned on the Zoning Board of Appeals approval. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 8 ABATE PORTION OF INVOICES BUFFALO CIVIC AUTO RAMP FOR VARIOUS PARKING RAMPS Please be advised that the Office of Strategic Planning, Division of Real Estate, is requesting that Your Honorable Body approve the abatement of the following invoices: Amount That ActuallyAmount That Should Amount Invoice NumberWas Billed Have Been Billedto Abate 3112 (July'99)$314,731.86 $280,477.53 $34,254.33 3302 (Aug. '99)$304,731.86 $280,477.53 $24,254.33 33020111 (July'00)$280,477.53 $275,488.54$ 4,988.99 I am attaching a copy of the summaries for Fiscal Year 1999-2000 and 2000-2001 of monthly payments for the Buffalo Civic Auto Ramps that are provided by the Department of Audit and Control for your review. The original invoices were based on estimates of revenues and expenses of the prior fiscal year. Actual revenues and expenses were received after the invoices were sent. Therefore, we are requesting 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. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL NO. 9 ACQUISITION OF 493 SENECA AND 503 SENECA SOUTH ELLICOTT URBAN RENEWAL PLAN PHASE II In 1997 the Common Council authorized and approved bond funds, Account #203-717-006, to implement the development of the South Ellicott Urban Renewal Plan Phase 11, amended plan. The Common Council further authorized the acquisition and demolition of the above mentioned properties, Item #113, C. C. P. 11 /25/97. Two independent appraisers were commissioned by the City of Buffalo to estimate the fair market value of the properties. Howard Schultz & Associates and Kushman Appraisal Services, Inc. have estimated the values as follows: AddressSchultz Kushman 493 Seneca$220,000.00$148,000.00 503 Seneca$255,000.00 $175,000.00 The City has entered into an agreement with the owners of Page 5 01-0417ss0406.txt 487 Seneca Street LLC and 501 Seneca Street LLC, represented by Mr. Kenneth Arno, Manager for the Corporations. Some of the key terms of the agreement are as follows: 1. The sale price of the two properties is $470,000.00 2.Covenants by the Seller indemnifying the City against hazardous materials in, on or under the property. 3.The City shall have the right to conduct environmental assessments and other inspections prior to closing. 4.Establishment of a $50,000.00 escrow fund from sale proceeds to cover environmental and post closing covenants. 5.The City shall pay charges for surveys, tax, title searches, recording fees and title insurance. 6. The Seller will provide a warranty deed. Attached is the agreement reached between the City of Buffalo and the Sellers. The agreement was approved as to form by the Corporation Counsel and executed by both parties, subject to Common Council approval. I am recommending that Your Honorable Body approve the agreement. I am further recommending that the Corporation Counsel begin the necessary steps to acquire title in accordance with the agreement. *Council President Pittswould like it noted in this item that the Citations do not apply as listed in this correspondence. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL NO. 10 EASEMENT AGREEMENT BETWEEN THE CITY OF BUFFALO AND VERIZON NEW YORK, INC. USE OF 3242 MAIN The Office of Strategic Planning, Division of Real Estate, has received the attached proposed easement agreement from Verizon New York, Inc. They are requesting our assistance in obtaining the proposed easement agreement in order to provide Digital Communications facilities to the building located at 3242 Main Street, which is the University Community Center. Verizon requires that the proposed communication facilities be constructed within an easement by the owner (City of Buffalo). I am recommending that Your Honorable Body refer this item to the Department of Public Works and the Office of Telecommunications in order to determine whether or not they have any objections and/or conditions in reference to the proposed easement agreement. Providing they Dept. of Public Works and Office of Telecommunications have no objections and/or conditions to the proposed agreement, I am recommending that Your Honorable Body approve this easement agreement. I am further requesting Your Honorable Body to authorize the Corporation Counsel to review this agreement for their approval as to form and authorize the Mayor to execute the same. REFERRED TO THE COMMITTEE ON TELECOMMUNICATIONS AND THE OFFICE OF TELECOMMUNICATIONS AND THE CORPORATION COUNSEL NO. 11 RESULTS OF NEGOTIATIONS 2237 NIAGARA STREET, 153.22' SOUTH OF ONTARIO Page 6 01-0417ss0406.txt VACANT LOT SIZE: 36" X 112' ASSESSED VALUE: $8,100 ITEM NO. 199, C.C.P. 3/20/01 The Office of Strategic Planning, Division of Real Estate, has received a request from Mr. John Cippola, Bella Vista Group, Inc. to acquire the above captioned property for commercial development. The parcel consists of a vacant lot 36' x 112' and has been leased by the City to Bella Vista Group, Inc., since October 1, 1986. The parcel is encumbered with a City of Buffalo Sewer Easement. Bella Vista Group, Inc. is proposing to acquire the city owned parcel and give the City of Buffalo Sewer Authority a permanent easement for the existing sewer lines. The easement will prohibit the construction of any permanent structure over it and allow the Sewer Authority access for maintenance and repair of the sewer lines. In accordance with Article 27-5 of the City Charter, an independent appraisal of the property was conducted by R.W. Bronstein Appraisal Corp. They have estimated the fair market value of the parcel to be Eighteen Hundred Seventy-Five Dollars ($1,875.00). The Appraisal Review Board has received the appraisal and recommends the appraised value of Eighteen Hundred Seventy-Five Dollars ($1,875.00). The Department of Public Works, Buffalo Sewer Authority and the Division of Collections have been contacted. There are no objections to the sale. I am recommending that Your Honorable Body approve the sale of 2237 Niagara Street to Bella Vista Group, Inc. in the amount of Eighteen Hundred Seventy-Five Dollars; and that the City accept a permanent easement upon the above stated conditions. 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. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated April 11, 2001, be received and filed; and That the offer from Mr. John Cippolla, Bella Vista Group, in the sum of Eighteen Hundred Seventy-Five Dollars ($1,875.00) for the sale of 2237 Niagara Street, be and hereby is accepted; and That the City accept a permanent easement upon the conditions as stated in the above communications; 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 -12 NOES - 0 NO. 12 RESULT OF NEGOTIATIONS 282 ROEHRER, 113.71' N. UTICA LOT SIZE:32' X 100' ASSESSED VALUATION: $1,900 284 ROEHRER, 145.71 N UTICA Page 7 01-0417ss0406.txt LOT SIZE: 32' X 1001 ASSESSED VALUATION: $1,900 The Office of Strategic Planning, Division of Real Estate has received a request to purchase the above properties from Ms. Erma D. Robinson, 132 Park Forest Drive, Williamsville, New York 14221. Ms. Robinson owns a two-family home at 286 Roehrer Street, which adjoins 282 and 284 Roehrer Street. She intends to use the property for extra yard space. The Office of Strategic Planning and the Division of Collections have no objections to the sale. There are no outstanding taxes, code violations, or other liens owed to the City by the purchaser. An independent appraisal of the property was conducted by Richard Bronstein of Bronstein Auctioneers, Corporation, 3666 Main Street, Buffalo, New York 14226. He has estimated the value of the properties to be One Thousand Dollars ($1,000), Fifteen Cents (.15) a square foot. The Division of Real Estate concurs with the appraisers estimate of value. The results of our negotiations are that Ms. Erma Robinson has agreed and is prepared to pay One Thousand Dollars ($1,000). She has also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of 282 and 284 Roehrer Street to Ms. Erma Robinson 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. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated April 9, 200 1, be received and filed; and That the offer from Ms. Erma Robinson, 132 Park Forest Drive, Williamsville, New York 14221 in the sum of One Thousand Dollars ($1,000.00) for the sale of 282 Roehrer and 284 Roehrer, 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 -12 NOES - 0 NO. 13 RESULTS OF NEGOTIATIONS 181 ORANGE, 220' S OF HIGH VACANT LOT:25' X 100' ASSESSED VALUATION: $1,100 The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 181 Orange Street from Mr. Wayne Marshall, 175 Orange Street, Buffalo, New York 14204. Mr. Marshall owns a one family home at 175 Orange Street, which adjoins 181 Orange Street. He intends to use the property for extra yard space. The office of Strategic Planning and the Division of Collections have no objections to the sale. There are no Page 8 01-0417ss0406.txt 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 Richard Bronstein of R.W. Bronstein Corporation, 3666 Main Street, Buffalo, New York 14226. He has estimated the value of the parcel to be Seven Hundred Dollars ($700), Eighteen Cents (.18) a square foot. The Division of Real Estate concurs with the appraisers estimate of value. The result of our negotiations is that Mr. Marshall has agreed and is prepared to pay Seven Hundred Dollars ($700) for this parcel. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fee's and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 181 Orange Street to Mr. Marshall in the amount of Seven Hundred Dollars ($700).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. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated April 10, 200 1, be received and filed; and That the offer from Mr. Wayne Marshall, 175 Orange Street, Buffalo, New York 14204 in the sum of Seven Hundred Dollars ($700.00) for the sale of 181 Orange St., 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 -12 NOES - 0 NO. 14 RESULTS OF NEGOTIATIONS 1351 SOUTH PARK, 60.50' E GERMANIA VACANT LOT: 28' X 101' ASSESSED VALUATION: $2,140 The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 1351 South Park Avenue from Ms. Sherry Bolognese, 1355 South Park Avenue, Buffalo, New York 14220. Ms. Bolognese owns a two family dwelling at 1355 South Park Avenue, which adjoins 1351 South Park Avenue. She intends to use the property for additional yard space. 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 Mr. George Ladori, appraiser of All Points Appraisal, 4506 Abbott Road, Orchard Park, New York 14217. He has estimated the value of the property to be Five Hundred Dollars ($500), which is Fourteen Cents (.14) a square foot. The Division of Real Estate has investigated the sales of similar properties in the area. Sales prices range from Page 9 01-0417ss0406.txt Twenty-One Cents (.21) to Twenty-Seven Cents (.27) a square foot. The result of our negotiations is that Ms. Bolognese has agreed and is prepared to pay Seven Hundred Fifty Dollars ($750), Twenty-One Cents (.21) a square foot 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 1351 South Park to Ms. Sherry Bolognese in the amount of Seven Hundred Fifty Dollars ($750). 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. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated April 10, 2001, be received and filed; and That the offer from Ms. Sherry Bolognese, 1355 South Park Avenue, Buffalo, New York 14220, in the sum of Seven Hundred Fifty Dollars ($750.00) for the sale of 1351 South Park, be and hereby is accepted; and purchaser; and i That the appraisal requested, by the City of Buffalo shall be paid by the 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 -12 NOES - 0 NO. 15 OFFICE OF STRATEGIC PLANNING RESULTS OF NEGOTIATIONS 110 WOLTZ, 68.08'S STANISLAUS VACANT LOT: 30' X 112' ASSESSED VALUATION: LAND $3,100 TOTAL:$37,300 The Office of Strategic Planning, Division of Real Estate has received a request to purchase 110 Woltz Avenue from Mr. Ronnie L. Carr, 141 Woltz Avenue, Buffalo, New York 14212. Mr. Carr intends to bring the property into code compliance and use as a rental property. He has also provided proof of financial ability to complete the cost of purchase and repairs. The property consists of a two-family dwelling in fair to poor condition, situate on a lot 30' x 112'. The property was acquired by the City of Buffalo through tax foreclosure in 1998. There have been no serious offers for the property, since being acquired by the City. 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 Paul H. Wolf, Jr. of Wolf Appraisal Service, Inc., 152 Warren Avenue, Kenmore, New York 14217. He has estimated the value of the parcel to be One Thousand Two Hundred Dollars ($1,200), Thirty-Six Cents (.36) a square foot. The result of our negotiations is that Mr. Ronnie Carr has agreed and is prepared to pay One Thousand Two Hundred Page 10 01-0417ss0406.txt Dollars ($1,200) for this parcel. Mr. Carr 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 110 Woltz Avenue to Mr. Ronnie Carr for One Thousand Two Hundred Dollars ($1,200). 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. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated April 10, 2001, be received and filed; and That the offer from Mr. Ronnie Carr, 141 Woltz Avenue, Buffalo, New York 14212, in the sum of One Thousand Two Hundred Dollars ($1,200. 00) for the sale of I 10 Woltz Avenue, be and hereby is accepted; and That the appraisal requested by the City of Buffalo shall be paid by the purchaser; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -12 NOES - 0 NO. 16 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 410 BRISTOL (CITY OWNED-VACANT LOT, DIMENSIONS 40' X IRREGULAR) The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 410 Bristol Street, Buffalo, New York 14206, parcel is 40' x irregular in dimension; and it has been determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mrs. Barbara A. Geleckyj residing at 408 Bristol Street indicated that she will clean, improve and maintain the lot in the event that she obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteader. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Ms. Barbara Geleckyj on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated April 10, 2001, be received and filed; and That the city-owned property commonly known 410 Bristol Street, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Ms .Barbara Geleckyj, residing at 408 Bristol Street, for the amount of One Dollar ($ 1. 00) and no more, and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. Page 11 01-0417ss0406.txt PASSED AYES -12 NOES - 0 NO. 17 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 182 DETROIT (CITY OWNED-VACANT LOT, DIMENSIONS 30' X 108') TYPE IN UPPER AN I LOWER CASE ONLY The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 182 Detroit Street, Buffalo, New York 14212, parcel is 30' x 108' 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. Anthony Krajewski and Mrs. Christina C. Krajewski residing at 184 Detroit Street indicated that they will clean, improve and maintain the lot in the event that they obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteaders. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property, and be transferred to Mr. and Mrs. Krajewski on the condition that the property is cleared and improved withil (6) months and maintained in a sanitary manner. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated April 10, 2001, be received and filed; and That the city-owned property commonly known as 192 Detroit 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. and Mrs. Krajewski, residing at 184 Detroit Street, for the amount of One Dollar ($1.00) and no more, and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -12 NOES - 0 NO. 18 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 994 FILLMORE (CITY OWNED-VACANT LOT, DIMENSIONS 30' X 133') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 994 Fillmore Avenue, Buffalo, New York 14211, parcel is 30' x 133' in dimension; and it has beer determined that this parcel is inappropriate for either the construction of new housing or needed for public purposes. Mr. William Holliday & Mrs. Tylise Holliday residing at 992 Fillmore Street indicated that they will clean, improve and maintain the lot in the event that they obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteaders. We, therefore, recommend that the city-owned vacant lot to Page 12 01-0417ss0406.txt be designated as a Homestead Property and be transferred to Mr. & Mrs. Holliday on the condition that the property is cleared and improved within (6 months and maintained in a sanitary manner. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated April 10, 2001, be received and filed; and That the city-owned property commonly known as 904 Fillmore Avenue, is hereby designated as Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said property to Mr. and Mrs. H611iday, residing at 992 Fillmore Street, for the amount of One Dollar ($1.00) and no more, and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -12 NOES - 0 NO. 19 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 57 HOLLAND (CITY OWNED-VACANT LOT, DIMENSIONS 37'X 66') The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 57 Holland Street, Buffalo, New York 14209, parcel is 37' x 66' 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. Nathaniel J. Wright residing at 55 Holland Street indicated that he will clean, improve and 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 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. Nathaniel J. Wright on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated March 27, 2001, be received and filed; and That the city-owned property commonly known as 51 Holland 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. Nathaniel I Wright, residing at 55 Holland Street, for the amount of One Dollar ($1.00) and no more, and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -12 NOES - 0 NO. 20 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 27SCHUTRUM (CITY OWNED-VAC ANT LOT, DIMENSIONS 3 0' X I 10') Page 13 01-0417ss0406.txt The Office of Strategic Planning, Division of Real Estate has surveyed the city-owned vacant lot at 27 Schutrum, Buffalo, New York 14212, parcel is 38' x 110' 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. James D. Burdick and Mrs. Lisa Burdick residing at 31 Schutrum Street indicated that they will clean, improve and maintain the lot in the event that they obtain title to the property under the Urban Homestead Program. The Division of Inspections and Division of Collections have been contacted. There are no property code violations, taxes or other liens owed to the City of Buffalo by the homesteaders. We, therefore, recommend that the city-owned vacant lot to be designated as a Homestead Property and be transferred to Mr. and Mrs. Burdick on the condition that the property is cleared and improved within (6) months and maintained in a sanitary manner. Mrs. LoTempio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated April 10, 2001, be received and filed; and That the city-owned property commonly known as 27 Schutrum, 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. and Mrs. Burdick, residing at 31 Schutrum Street, for the amount of One Dollar ($1.00) and no more, and all costs of transfer, on the condition the property is cleared and improved within six (6) months and maintained in a sanitary manner. PASSED AYES -12 NOES - 0 NO. 21 UTILITY EASEMENT AGREEMENT NIAGARA MOHAWK POWER CORPORATION VERIZON NEW YORK, INC. FOR USE OF 923 FILLMORE - CITY OWNED VACANT LOT The Office of Strategic Planning, Division of Real Estate, has received the attached easement agreement from Niagara Mohawk and Verizon New York, Inc. for use of city owned property located at 923 Fillmore. They are requesting a utility easement for property as described in the attached proposed easement "Exhibit A". This office is recommending that Your Honorable Body refer this item to the Department of Public Works and the Office of Telecommunicaitons in order to determine whether or not they have any objections and/or conditions in reference to the attached easement. Providing they Dept. of Public Works and Office of Telecommunications have no objections and/or conditions to the proposed agreement, I am recommending that Your Honorable Body approve this easement agreement. I am further requesting Your Honorable Body to authorize the Corporation counsel to review this agreement for their approval as to form and authorize the Mayor to execute the same. REFERRED TO THE COMMITTEE ON TELECOMMUNICATIONS, THE OFFICE OF TELECOMMUNICATION ,THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL Page 14 01-0417ss0406.txt FROM THE COMPTROLLER NO. 22 AUTHORIZATION OF MUNICIPAL BOND BANK AGENCY AGREEMENT Attached is a resolution authorizing the negotiation and execution of a Special Program Agreement between the City and State Municipal Bond Bank Agency to provide financing for a $25,000,00( portion of the litigation settlement between the City School District and the Buffalo Teacher Federation, Inc. REFERRED TO THE COMMITTEE ON FINANCE, THE BOARD OF EDUCATION AND THE CORPORATION COUNSEL NO. 23 INTERFUND LOAN Over the last seven years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have several requests for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $40,000 against the 20012002 City Capital Improvements Budget for Improvements Various Fire Stations approved in the 99-00 Capital Budget. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To AccountRepayment Date General 3000 Capital Projects36320706 Bond Sale TOTAL 40,000 Pursuant to the City's Capital Budget/Debt Management Policy, the City expects to issue bonds in the amount of about $15,848,000 for City Projects during the Fiscal Year 2001/2002. Currently, there are zero City Projects with outstanding interfund loans. If all requests dated 4/18/01 are approved, the City will be committed to four million nine hundred forty eight thousand dollars ($4,948,00 *) in projects. Therefore, the future projects that can be interfund loaned or included in the 2001/2002 debt issue will be limited to $10,900,000.00, if all Interfund Loans are passed. Bonds to be issued Fiscal Year$ 15,848,000 2001/2002 Approved Interfund Loans0 $ 15,848,000 LESS: All requests dated 4/18/01$ 4,948,000 Balance available for F/Y 2000/2001$ 10,900,000 *Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Mrs. LoTempio moved: That the above communication from the Comptroller dated April 18, 2001, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $40,000 for Improvements Various Fire Stations. The loan will be repaid Page 15 01-0417ss0406.txt when Bond Anticipation Notes or Bonds are issued. PASSED AYES -12 NOES - 0 NO. 24 INTERFUND LOAN Over the last seven years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have several requests for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $75,000 against the 20012002 City Capital Improvements Budget for Museum of Science Security/ Ventilation Improvements approved in the 99-00 Capital Budget. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date 1000 General 3000 Capital Proj 36320906 Bond Sale Total75,000 Pursuant to the City's Capital Budget/Debt Management Policy, the City expects to issue bonds in the amount of about $15,848,000 for City Projects during the Fiscal Year 2001/2002. Currently, there are zero City Projects with outstanding interfund loans. If all requests dated 4/18/01 are approved, the City will be committed to four million nine hundred forty eight thousand dollars ($4,948,000*) in projects. Therefore, the future projects that can be interfund loaned or included in the 2001/2002 debt issue will be limited to $10,900,000.00, if all Interfund Loans are passed. Bonds to be issued Fiscal Year $ 15,848,000 2001/2002 Approved Interfund Loans 0 $ 15,848,000 LESS: All requests dated 4/18/01 $ 4,948,000 Balance available for F/Y 2000/2001$ 10,900,000 *Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Mrs. LoTempio moved. That the above communication from the Comptroller dated April 18, 2001, be received 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 $300,000 for 60 Hedley Place. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED AYES -12 NOES - 0 NO. 25 INTERFUND LOAN Over the last seven years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are Page 16 01-0417ss0406.txt issued to finance these projects. As of today, we have several requests for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $100,000 against the 2001-2002 City Capital Improvements Budget for Historical Society Electrical Improvements approved in the 00-01 Capital Budget. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date 1000 General 3000 Capital Proj 36320606Bond Sale Total100,000 Pursuant to the City's Capital Budget/Debt Management Policy, the City expects to issue bonds in the amount of about $15,848,000 for City Projects during the Fiscal Year 2001/2002. Currently, there are zero City Projects with outstanding interfund loans. If all requests dated 4/18/01 are approved, the City will be committed to four million nine hundred forty eight thousand dollars ($4,948,000*) in projects. Therefore, the future projects that can be interfund loaned or included in the 2001/2002 debt issue will be limited to $10,900,000.00, if all Interfund Loans are passed. Bonds to be issued Fiscal Year$ 15,848,000 2001/2002 Approved Interfund Loans0 $ 15,848,000 LESS: All requests dated 4/18/01$ 4,948,000 Balance available for F/Y 2000/2001$ 10,900,000 *Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Mrs. LoTempio moved: That the above communication from the Comptroller dated April 18, 2001, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $250,000 for Handicapped Access Improvement. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED AYES -12 NOES - 0 NO. 26 INTERFUND LOAN Over the last seven years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have several requests for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $140,000 against the 2001-2002 City Capital Improvements Budget for Installation of Fire Alarms (Various Libraries) approved in the 99-00 Capital Budget. The loan will be repaid when Bond Anticipation Notes or Bonds are Page 17 01-0417ss0406.txt issued. From To Account Repayment Date 1000 General 3000 Capital Projects 36320806Bond Sale Total140,000 Pursuant to the City's Capital Budget/Debt Management Policy, the City expects to issue bonds in the amount of about $15,848,000 for City Projects during the Fiscal Year 2001/2002. Currently, there are zero City Projects with outstanding interfund loans. If all requests dated 4/18/01 are approved, the City will be committed to four million nine hundred forty eight thousand dollars ($4,948,000*) in projects. Therefore, the future projects that can be interfund loaned or included in the 2001/2002 debt issue will be limited to $10,900,000.00, if all Interfund Loans are passed. Bonds to be issued Fiscal Year$ 15,848,000 2001/2002 Approved Interfund Loans0 $ 15,848,000 LESS: All requests dated 4/18/01$ 4,948,000 Balance available for F/Y 2000/2001$ 10,900,000 *Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS NO. 27 INTERFUND LOAN Over the last seven years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have several requests for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $200,000 against the 2001-2002 City Capital Improvements Budget for Restoration of Monuments approved in the 99-00 Capital Budget. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date 1000 General 3000 Capital Proj 36321006Bond Sale Total200,000 Pursuant to the City's Capital Budget/Debt Management Policy, the City expects to issue bonds in the amount of about $15,848,000 for City Projects during the Fiscal Year 2001/2002. Currently, there are zero City Projects with outstanding interfund loans. If all requests dated 4/18/01 are approved, the City will be committed to four million nine hundred forty eight thousand dollars ($4,948,000*) in projects. Therefore, the future projects that can be interfund loaned or included in the 2001/2002 debt issue will be limited to $10,900,000.00, if all Interfund Loans are passed. Bonds to be issued Fiscal Year$ 15,848,000 Page 18 01-0417ss0406.txt 2001/2002 Approved Interfund Loans0 $ 15,848,000 LESS: All requests dated 4/18/01$ 4,948,000 Balance available for F/Y 2000/2001$ 10,900,000 *Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Mrs. LoTempio moved: That the above communication from the Comptroller dated April 18, 2001, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $215,000 for Zoo Facilities Restoration. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED AYES -12 NOES - 0 NO. 28 INTERFUND LOAN Over the last seven years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have several requests for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $215,000 against the 2001-2002 City Capital Improvements Budget for Zoo Facilities Reconstruction approved in the 00-01 Capital Budget. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From ToAccount Repayment Date 1000 General 3000 Capital Proj 36321106Bond Sale TOTAL215,000 Pursuant to the City's Capital Budget/ Debt Management Policy, the City expects to issue bonds in the amount of about $15,848,000 for City Projects during the Fiscal Year 2001/2002. Currently, there are zero City Projects with outstanding interfund loans. If all requests dated 4/18/01 are approved, the City will be committed to four million nine hundred forty eight thousand dollars ($4,948,000*) in projects. Therefore, the future projects that can be interfund loaned or included in the 2001/2002 debt issue will be limited to $10,900,000.00, if all Interfund Loans are passed. Bonds to be issued Fiscal Year$ 15,848,000 2001/2002 Approved Interfund Loans0 $ 15,848,000 LESS: All requests dated 4/18/01$ 4,948,000 Balance available for F/Y 2000/2001$ 10,900,000 *Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Page 19 01-0417ss0406.txt Mrs. LoTempio moved: That the above communication from the Comptroller dated April 18, 2001, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $200,000 for Restoration of Monuments. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED AYES -12 NOES - 0 NO. 29 INTERFUND LOAN Over the last seven years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have several requests for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $250,000 against the 2001-2002 City Capital Improvements Budget for Handicapped Access Improvement approved in the 00-01 Capital Budget. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date 1000 General 3000 Capital Proj 36320506Bond Sale Total 250,000 Pursuant to the City's Capital Budget/Debt Management Policy, the City expects to issue bonds in the amount of about $15,848,000 for City Projects during the Fiscal Year 2001/2002. Currently, there are zero City Projects with outstanding interfund loans. If all requests dated 4/18/01 are approved, the City will be committed to four million nine hundred forty eight thousand dollars ($4,948,000*) in projects. Therefore, the future projects that can be interfund loaned or included in the 2001/2002 debt issue will be limited to $10,900,000.00, if all Interfund Loans are passed. Bonds to be issued Fiscal Year$ 15,848,000 2001/2002 Approved Interfund Loans0 $ 15,848,000 LESS: All requests dated 4/18/01$ 4,948,000 Balance available for F/Y 2000/2001$ 10,900,000 *Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Mrs. LoTempio moved: That the above communication from the Comptroller dated April 18, 2001, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $100,000 for Historical Society Electrical Improvements. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED Page 20 01-0417ss0406.txt AYES -12 NOES - 0 NO. 30 INTERFUND LOAN Over the last seven years, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects. As of today, we have several requests for money to finance projects and we will not reenter the bond market at this time. We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $300,000 against the 2001-2002 City Capital Improvements Budget for 60 Hedley Place approved in the 00-01 Capital Budget. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. From To Account Repayment Date 1000 General 3000 Capital Proj 36310306Bond Sale Total300,000 Pursuant to the City's Capital Budget/Debt Management Policy, the City expects to issue bonds in the amount of about $15,848,000 for City Projects during the Fiscal Year 2001/2002. Currently, there are zero City Projects with outstanding interfund loans. If all requests dated 4/17/01 are approved, the City will be committed to four million nine hundred forty eight thousand dollars ($4,948,000*) in projects. Therefore, the future projects that can be interfund loaned or included in the 2001/2002 debt issue will be limited to $10,900,000.00, if all Interfund Loans are passed. Bonds to be issued Fiscal Year$ 15,848,000 2001/2002 Approved Interfund Loans0 $ 15,848,000 LESS: All requests dated 4/17/01$ 4,948,000 Balance available for F/Y 2000/2001$ 10,900,000 *Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Mrs. LoTempio moved: That the above communication from the Comptroller dated April 18, 2001, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $75,000 for Museum of Science/ventilation Improvements. The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED AYES -12 NOES - 0 NO. 31 CERTIFICATE OF APPOINTMENT Appointment Effective April 2, 2001 In the Department of: Audit and Control Division of Audit to the Position of Senior Auditor Permanent Appointment at the Intermediate Starting Salary of: $ 37,204 Jennifer A. LoTempio, 59 Shoshone Street, Buffalo, NY Page 21 01-0417ss0406.txt 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE N / BEFORE APPOINTMENT DATE) FROM THE PRESIDENT OF THE COUNCIL NO. 32 APPOINTMENT OF A REGIONAL GOVERNANCE SPECIAL COMMITTEE APPOINTMENT TO THE EMPIRE STATE ZONE BOARD I am appointing a Regional Governance Special Committee. This Special Committee will replace the Council's former Intergovernmental Committee. The new Regional Governance Special Committee's purpose is to work with other local governing bodies and the private sector to explore, analyze and develop greater intermunicipal and regional cooperation with the City of Buffalo. The Special Committee will have the particular responsibility for reviewing pertinent intermunicipal and regional issues that are filed with the Common Council. The Special Committee will also focus upon issues involving regional: 1.) Revenue Sharing 2.) Service Delivery 3.) Economic Development 4.) Transportation The Special Committee will be responsible for filing an annual report on its initiatives and progress with the City Clerk. The following Council Members are being appointed to the Special Committee: Council MemberAntoine Thompson, Chairperson Majority LeaderRose LoTempio Council Member At LargeCharley Fisher Council MemberDominic Bonifacio Council Member Karen Ellington I am also appointing Council Member Antoine Thompson to serve on the Empire State Zone Board. He replaces now New York Senator Byron Brown RECEIVED AND FILED NO. 33 M EDWARDS CONCERNS RFQ JT SCHOOL COMMISSION We have reviewed the Draft Request for Qualifications issued by the Alliance of The Board of Education, The City of Buffalo and the Joint Schools Construction Board. We feel that in general the initial draft is comprehensive. However, it is very broad and contains several key, unanswered questions. The purpose of this letter, is to suggest clear and concise wording enhancement of the Workforce and Business Diversification (Page 8 and I I of the draft RFQ). Business Development and Assistance (Workforce and Business Diversification): The Board of Education, City of Buffalo and Joint Schools Construction Board should require RFQ respondents to present a BDA Program. Components will include: 1 Develop MWBE Guidelines and Procedures for Procurement. 2. Present a plan for monitoring and reporting program results. 3. Present a plan for a quick pay program for MWBE Page 22 01-0417ss0406.txt participants. 4. Create an exact action plan to achieve the predetermined minimum goals. 5. Create Mentor and Partnerships Programs. 6. Spearhead on-going initiatives to involve all minority ethnic groups. 7. Develop an outreach program that will identify MWBE firms. 8. Develop and maintain an active database of MWBE firms. 9. Identify (in advance) the areas of MWBE participation (design firms, general/sub contractors, consultants, subconsultants, vendors, supplier's etc.). This identification should contemplate the unbundling and breaking down of large contracts into more manageable pieces for MWBE's. 10. Identify ways to assist MWBE firms in obtaining surety bonds. 11. Summary of experience in working with MWBE Programs. These are some of the main points that should be specifically included in the RFQ. Doing it this way will help alleviate any gray areas or areas of ambiguity as it relates to MWBE firms. Another point that should be considered, is that there should be some sort of consequence if the managing body determines that the chosen respondent(s) does not provide a valid and well documented attempt to "find ways" to provide for the maximum inclusion of MWBE contractors on this project. While there are several other areas of note, we feel that at this time, the more important issue surrounds establishing a fin-n foundation for maximum inclusion of MWBE firms on this I 0-year project. REFERRED TO THE JOINT SCHOOL CONSTRUCTION BOARD NO. 34 R. HICKS AXA DEFERRED COMPENSATION PLAN As I mentioned, the city's adoption of the Deferred Compensation plan sponsored by AXA Advisors will increase employee satisfaction with and participation in the plan. These results will be achieved by enhancing the level of service and investment opportunities available to them. The Deferred Compensation plan sponsored by AXA Advisors has three components. 1. A comprehensive investment program for employee payroll deductions to the plan; 2. A payroll deduction Roth IRA to complement and diversify investment options; 3. Enhanced level of service to employees featuring local service representatives and financial planning; The current Deferred Compensation program available to City employees is administered by the Copeland Companies. It offers a mix of 25 investment options, which were preSelected by Copeland. AXA Advisors plan to offer the City more flexibility in selecting the funds to be included with in the plan. The City may select 25 funds at any one time from a portfolio of 150 investment options. The initial selection can be changed from time to time a warranted by changing conditions or employee preferences. In that funds withdrawn from Deferred Compensation by employees in retirement are fully taxable most often they will be withdrawn gradually. Generally, employees will elect Page 23 01-0417ss0406.txt either monthly, quarterly or annual payments over a fixed period of time. The Inclusion of a Roth IRA will add flexibility because lump sums can be withdrawn tax Free after age 59 1/2. Lump sums are often needed by retirees to purchase a vehicle, take trips, gifts to children or purchase a winter home. A Roth IRA is not available within the city's current plan. To help employees understand the plan and increase their satisfaction with it, AXA Advisors will assign local representatives to work with your employees. Our representatives will conduct group seminars as well as be available to meet individually With employees at work, in their homes or in our office. We will develop individualized financial plans for those employees desiring consolidated projection of retirement Income and spending needs. No such planning is available within the City's current Deferred Compensation program. We will welcome an opportunity to meet with City officials to discuss AXA Advisors Approach to Deferred Compensation in greater detail. REFERRED TO THE COMMITTEE ON CIVIL SERVICE , THE COMPTROLLER, THE CORPORATION COUNSEL AND THE DIRECTOR OF HUMAN RESOURCES NO. 35 REV. H. REID SUPPORT LEADERSHIP ROLE-ADELPHIA WATERFRONT PROJECT On behalf of the Black Leadership Forum (BLF), we want to go on record in support of your strong leadership role, especially with the Adelphia Waterfront Project. It is appropriate for you to raise the important issues of subsidies, tax incentives, hiring goals and other issues that can negatively impact on the taxpayers. We encourage you to continue to raise all issues that are in the interest of the people. We all want to encourage more private sector involvement, but at what cost? Your leadership on behalf of all of the people is not only recognized, but also greatly appreciated. Keep up the good work. RECEIVED AND FILED AND REFERRED TO THE BUFFALO NEWS FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS NO. 36 CERTIFICATE OF APPOINTMENT Appointment Effective April 9, 2001 in the Department of MANAGEMENT INFORMATION SYSTEMS to the Position of COMPUTER PROGRAMMER, TEMPORARY APPOINTMENT at the THIRD STEP of $39,515 Herbert Richardson, 311 Walnut, Buffalo, NY 14204 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 37 REPORT OF BIDS RESURFACING OF CITY PAVEMENTS - 2001 GROUP #551 ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids for the Resurfacing of City Pavements - 2001, group #551. Page 24 01-0417ss0406.txt In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base BidUnit Price Increase Destro & Bro Concrete Co., Inc.$429,435.00 $472,378.50 Amherst Paving, Inc.$445,335.00 $489,868.50 Dana A. Miller Enterprises, Inc.$460,685.00 $506,753.50 Janik Pving & Construction$468,495.00* $515,344.50* American Paving & Exc Inc.$473,859.00 $521,244.90 Thomann Asphalt Paving Corp.$512,865.00* $564,151.50* Anastasi Trucking & Paving Con$517,437.00 $569,180.70 Omer Construction Co., Inc.$595,127.50 $654,640.25 DiPizio Construction Co., Inc.$638,565.00* $702,421.50* *Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is Destro & Brothers Concrete Co., Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $472,378.50 ($429,435.00 Base Bid + 10% unit price increase $42,943.50 = Total Award $472,378.50 Funds for this work are in Capital Project Account #35310806 Attached is a list of locations. The engineer's estimate for this work is $508,515.00. 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 May 26. 2001. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 12, 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 Resurfacing of City Pavements - 2001, Group #551 to Destro & Brothers Concrete Co., Inc., the lowest responsible bidder, in the amount of $472,378.50 ($429,435.00 Base Bid + 10% unit price increase $42,943.50 = Total Award $472,378.50). Funds for the project are available in Capital Project Account 435310806. AND That the commissioner of public works and streets will work with the lowest responsible bidder to implement a mbe/wbe business utilization goal and Minority hiring plan on this project, and such plan will be filed with the counsel. PASSED AYES -12 NOES - 0 NO. 38 Page 25 01-0417ss0406.txt REPORT OF BIDS TREE PLANTING - CITY WIDE 2001 GROUP #562 GLEASON'S NURSERY, INC. ITEM 4126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids on April 11, 2001 for Tree Planting - City Wide - 2001 , Group #562. In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base BidUnit Price Increase Gleason's Nursery, Inc.$85,028.00 $93,530.80 North America Construction Co., Inc.$139,905.00 $153,895.50 I hereby certify that the lowest responsible bidder for the above project is Gleason's Nursery, Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $93,530.80 ($85,028.00 Base Bid + 10% unit price increase $8,502.80 = Total Award $93,530.80). Funds for this work are in Capital Project Account #35310106/445100. A list of locations is attached. Theengineer's estimate for this work is $100,000.00. 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 May 26, 2001. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 12, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to award a contract for Tree Planting - City Wide - 2001, Group #562 to Gleason's Nursery, Inc., the lowest responsible bidder, in the amount of $93,530.80 ($85,028.00 Base Bid + 10% unit price increase $8,502.80 = Total Award $93,530.80). Funds for the project are available in Capital Project Account #35310106/445100. PASSED AYES -12 NOES - 0 NO. 39 REPORT OF BIDS TREE ROOT DAMAGED SIDEWALKS - 2001 GROUP #561 ITEM #126, C.C.P. 3/3/98 This is to advise your Honorable Body that I have advertised and received bids on April 11, 2001 for Tree Root Damaged Sidewalks -2001, Group #561. 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. Page 26 01-0417ss0406.txt The following bids were received: Base BidUnit Price Increase Sicilia Construction Co., Inc.$317,622.00* $349,384.20* P & J Construction Co., Inc.$318,840.00 $350,724.00 Master's Edge, Inc.$326,130.00* $358,743.00* C & C Contractors, Inc.$481,200.00 $529,320.00 A.B.P. Concrete Co., Inc.1$556,125.00* $611,737.50* *Adjusted Amount I hereby certify that the lowest responsible bidder for the above project is Sicilia Construction Co., Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $349,384.20 (Base Bid $317,622.00 + 10% unit price increase $31,762.20 = Total Award $349,384.20). Funds for this work are in Capital Project Account #35310806. A list of locations is attached. The engineer's estimate for this work is $350,000.00. 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 May26, 2001. Individual bid submissions are available in our office for inspection and copies are available upon request. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 12, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to award a contract for Tree Root Damaged Sidewalks - 2001, Group #561 to Sicilia Construction Co., Inc., the lowest responsible bidder, in the amount of $349,384.20 ($317,622.00 Base Bid + 10% unit price increase $31,762.20 = Total Award $349,384.20). Funds for the project are available in Capital Project Account #35310806. PASSED AYES -12 NOES - 0 NO. 40 CHANGE IN CONTRACT DELAVAN MOSELLE COMMUNITY CENTER CONSTRUCTION PLUMBING WORK $270, 046.61 I hereby submit to Your Honorable Body the following changes for the Delavan Moselle Community Center, Plumbing Work, Elmwood Plumbing, Inc., C #92010112. 1.Modify fire pump related plumbing to increase the sprinkler area in the building. Add $ 4,729.53 The foregoing change results in a net increase in the contract of Four Thousand Seven Hundred Twenty Nine and 53/100 Dollars ($4,729.53). Summary: Current Contract Amount $ 265,317.08 Amount of This Change Order (#4) Add $ 4,729.53 Revised Contract Amount $ 270,046.61 Costs have been reviewed by the Consulting Architect (Stieglitz Snyder Architecture) and the Department of Public Page 27 01-0417ss0406.txt Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in Capital Bond Account 34320506 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 28, 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 Elmwood Plumbing, Inc., an increase in the amount of $4,729.53, as more fully described in the above communication, for work relating to Delavan Moselle Community Center, C #9210112. Funds for this project are available in Capital Bond Account 34320506 445100 - Division of Buildings. PASSED AYES -12 NOES - 0 NO. 41 CHANGE IN CONTRACT DELAVAN MOSELLE COMMUNITY CENTER CONSTRUCTION PLUMBING $288,268.61 I hereby submit to Your Honorable Body the following changes for the Delavan Moselle Community Center, Plumbing Work, Elmwood Plumbing, C #92010112. 1.Additional excavation and removal of contaminated soil for public and environmental safety. Add $ 18,222.00 The foregoing change results in a net increase in the contract of Eighteen Thousand Two Hundred Twenty Two and 00/100 Dollars ($18,222.00). Summary: Current Contract Amount $ 270,046.61 Amount of This Change Order (#5) Add$ 18,222.00 Revised Contract Amount$ 288,268.61 Costs have been reviewed by the Consulting Architect (Stieglitz Snyder Architecture) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 34320506 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 9, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 5, to Elmwood Plumbing, Inc., an increase in the amount of $18,222.00, as more fully described in the above communication, for work relating to Delavan Moselle Community Center, C #9210112. Funds for this project are available in Capital Bond Account 34320506 445 100 - Division of Buildings. PASSED AYES -12 NOES - 0 NO. 42 CHANGE IN CONTRACT DELAVAN MOSELLE COMMUNITY CENTER Page 28 01-0417ss0406.txt CONSTRUCTION GENERAL CONSTRUCTION $2,730,778.50 I hereby submit to Your Honorable Body the following changes for the Delavan Moselle Community Center, General Construction, Picone Construction, C #92010071. 1.Furnish and install anti-graffiti coating on masonry veneer. Add $ 6,785.00 The foregoing change results in a net increase in the contract of Six Thousand Seven Hundred Eighty Five and 00/100 Dollars ($6,785.00). Summary: Current Contract Amount $2,723,993.50 Amount of This Change Order (#5) Add$6,785.00 Revised Contract Amount $2,730,778.50 Costs have been reviewed by the Consulting Architect (Stieglitz Snyder Architecture) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF 34320506 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved That the above communication from the Commissioner of Public Works, Parks and Streets dated April 9, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 5, to Picone Construction Co., Inc., an increase in the amount of $6,785.00, as more fully described in the above communication, for work relating to Delavan Moselle Community Center, C #92010071. Funds for this project are available in CPF 34320506 445 1 00-Division of Buildings. PASSED AYES -12 NOES - 0 NO. 43 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER RESTORATION OF HOUSE EXTERIOR I hereby submit to Your Honorable Body the following changes for Shea's Performing Arts Center, Restoration of House Exterior, Summit Construction Group, Inc., C #92010217. 1 .Reconstruction at roofline spandrel beam due to water damage. Add$ 2,888.00 2. Remedial work on girder at columns #33 and #34 due to excessive deterioration. Add$16,449.00 3. Revised flashing detail at Pearl St. Marquee. Add $ 865.00 4. Reinforcement masonry work at column #37. Add $ 7,030.00 5. Modify relieving angle to account for existing conditions. Add $ 9,109.00 6. Repair work at south medallion. Add$ 1,607.00 7. Due to deteriorated conditions, terra cotta around door El 1 needed to be removed and reinstalled with new anchors. Add$ 1,103.00 8. Deduct for unneeded masonry repair. Deduct $ Page 29 01-0417ss0406.txt 14,550.00 9.Modification of deck installation at landings E13 and E14. Add$ 2,728.00 The foregoing change results in a net increase in the contract of Twenty Seven Thousand Two Hundred Twenty Nine and 00/100 Dollars ($27,229.00). Summary: Current Contract Amount $1,237,746.00 Amount of This Change Order (#3) Add$ 27,229.00 Revised Contract Amount $1,264,975.00 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 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 April 9, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 3, to Summit Construction Group, Inc., an increase in the amount of $27,229.00, as more fully described in the above communication, for work relating to Shea's Performing Arts Center, Restoration of House Exterior, C #92010217. Funds for this project are available in Capital Bond Account 35321306 445100. PASSED AYES -12 NOES - 0 NO. 44 CHANGE IN CONTRACT SCHILLER PARK PAVILION BUILDING GENERAL CONSTRUCTION I hereby submit to Your Honorable Body the following change for the Schiller Park Pavilion Building, general construction work, Man-O-Trees, Contract #92010276. There was never a finished ceiling in the pavilion nor was installing a finished ceiling part of the scope of work initially conceived. What is existing is the exposed wood joist. Concern was raised that birds will nest and insects will establish within the open joist areas. Unfinished 5/8"CDX plywood was screwed to the underside of the joists creating a hard surface and enclosing the joist spaces. Upon review of the surface irregularities of the plywood, it is proposed to skin the surface area with an economical product that will cover over the imperfections. Thus we request a change order for the contractor to supply and install ceiling tiles in lieu of painting. 1. Credit for painting CREDIT: ($ 843.00) 2. Cover ceiling area (1,800sq.ft.) with a 12" x 12" x 1/2" tongue and grove, Class "C" wood fiber tile. Tiles to be stapled and glued per manufactures recommendations ADD- $ 4,630.00 TOTAL: $ 3,787.00 The foregoing changed results in a net increase to the contract of Three Thousand, Seven Hundred and Eighty Seven Dollars and 00/100 ($3,787.00). Page 30 01-0417ss0406.txt Summary: Current Contract Amount $221,096.00 Amount of this Change Order $ 3,787.00 Revised Contract Amount $ 224,883.00 Costs have been reviewed by the Consulting Landscape Architect at P.J. Smith & Company and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in CPF #35640206 I request that Your Honorable Body authorizes the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 28, 2001, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Man-O-Trees, an increase in the amount of $3,787.00, as more fully described in the above communication, for work relating to Schiller Park Pavilion Building, general construction work, Contract #92010276. Funds for this project are available in CPF 35640206. PASSED AYES -12 NOES - 0 NO. 45 CLOSING & ABANDONMENT PORTION OF NORTH OAK STREET ROSWELL SITE RENOVATIONS I have received a letter from the Dormitory Authority, acting on behalf of Roswell, of the State of New York in which they express the necessity to officially discontinue North Oak Street between the south right-of-way line of High Street and the north right-of-way line of Carlton Street. That portion of North Oak Street has been temporarily closed for the past few years due to the ongoing construction project at Roswell Park. The Division of Engineering has reviewed the proposed closing with the engineers for that project and has advised me that they are in full agreement with the request and recommend the closing, abandonment and sale of that portion of the right-of-way of North Oak Street described as follows: SUGGESTED LEGAL DESCRIPTION PORTION OF NORTH OAK STREET THAT IS TO BE CLOSED AND ABANDONED All that tract or parcel of land situate in the City of Buffalo, County of Erie and State of New York being part of Lot No. 28, Township 11, Range 8 of the Holland Land Company Survey and also being part of the dedicated right-of-way of North Oak Street, more particularly described as follows: Being all the dedicated right-of-way North Oak Street, 66 foot in width, extending south from the southerly line of High Street (66 ft. wide) to the northerly line of Carlton Street (66 ft. wide) containing 39,732 square feet or 0.912 acres of land, more or less. I concur with the findings of the Division Engineering, and as Commissioner of Public Works, Parks and Streets, I hereby recommend to Your Honorable Body the closing abandonment and sale of the above described portion of North Oak Street to the Dormitory Authority of the State of New York, subject to the following conditions: Page 31 01-0417ss0406.txt 1.The final closing and abandonment of the street does not become final until the deed conveying the property from the City of Buffalo to the Dormitory Authority of the State of New York is filed in the Erie County Clerk's Office. 2.The Dormitory Authority of the State of New York shall obtain suitable agreements with all public or private utility companies or authorities presently legally having utility mains or lines within the parcel above described. These agreements shall be to either abandon said utility mains or lines or to provide acceptable easements for their repair and maintenance. 3.The Dormitory Authority of the State of New York shall obtain permission acceptable to the City of Buffalo Law Department, from all abutting owners approving the closing and abandonment of the above described portion of North Oak Street. REFERRED TO THE COMMITTEE ON LEGISLATION THE CORPORATION COUNSEL AND THE COMMISSIONER OF PUBLIC WORKS NO. 46 CLOSING ALABAMA STREET TO VEHICULAR TRAFFIC On August 16, 2001, this department received the attached request from Graphic Controls, 400 Exchange St., Buffalo, NY. If it meets with the Common Council's approval, this department suggests that the Council close Alabama St., from Exchange to Seneca, to vehicular traffic, and authorize the Commissioner of Public Works to issue a mere license to Graphic Controls to occupy the right-of-way, subject to the conditions to be established by this department. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE COMMISSIONER OF POLICE AND THE COMMISSIONER OF FIRE NO. 47 C. FISHER-A. WIGGINS CONCERNS DEBRIS IN DIRT PILES ITEM #94, C.C.P. 3/20/01 The above referenced item was sent to this department for a response. Please be advised that this demolition work was done by a contractor hired by Permit & Inspections. By copy of this Council Communication to Commissioner McGurn, this office asks them to respond. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 48 FOOD PANTRY MACHNICA CENTER As per our conversation regarding the Food Pantry at the Machnica Center, I am unfortunately unable to commit to you at this time. My major -focus will be to provide improved organized activities and programs for the youth of that community, something that has been lacking for quite some time because of 1) An old building. 2) The long wait for the new building to be completed. We are currently in our planning stages for leagues, tournaments, game and educational room activities which the building was designed to provide. RECEIVED AND FILED Page 32 01-0417ss0406.txt NO. 49 GRASS CUTTING INVOICE TRANSFERS In accordance with Chapter 341, Article I of the Code of the City of Buffalo, I am herewith attaching a list of parcels of land in the City of Buffalo owners or persons having charge of such lands and the cost of cutting grass, weeds on these properties by the Department of Street Sanitation during the months of June through October. The Department of Public Works, Streets & Parks is requesting that the following invoices be abated and the Commissioner of Assessment place the charge (s) on the Local tax rolls. 1999-2000 Total - $ 2,835.00 2000-2001 Total - $20,250.25 Mrs. LoTempio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 5, 2001 be received and filed; and That the Commissioner of Public Works, Parks and Streets and the Commissioner of Assessment and Taxation be, and they hereby are authorized to abate grass cutting invoices from the attached properties for 1999-2000 in the amount of $2,835.00 and for 2000-2001 in the amount of $20,250.25 and to place such charges on the local tax rolls. PASSED AYES -12 NOES - 0 No. 50 License Agreement - US Coast Guard-City of Buffalo In December of 1987 former Mayor James D. Griffin executed a license agreement (copy attached) with the U.S. Coast Guard (USCG which allowed the City and general public use of the picnic grove area, river walkway and the lighthouse promontory area. Earlier this year, our department received a revised license agreement (copy attached) from the USCG, which deals with the same issue but has additional provisions including insurance. This revised agreement has been reviewed by the Law Department and was found to be acceptable with the provision that the City provides a statement of self-insurance with an indemnity provision in lieu of insurance. Permission is being requested from your Honorable Body to authorize the Mayor to execute the revised license agreement so that the City and general public can continue to use this waterfront area. REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL No. 51 Moratorium on Banners Niagara Square Item #213, C.C.P. J/20/01 This department endorses and supports the intent of the referenced resolution. If the item is adopted by the Common Council, we will not issue any permits for installation, nor will we assist in the installation of any banners in or extending over Niagara Square without specific approval of the Common Council. RECEIVED AND FILED No. 52 Payphone Applications Page 33 01-0417ss0406.txt (5) Pay-Tel Corporation Mr. Jay Alberti of Pay-Tel Corporation, 45 West Tupper Street, has requested permission to install five (5) public payphones within City right of way as described in Chapter 441 (Telephone Facilities) of the City Ordinances. The proposed payphone locations are as follows: 1. 1021 East Ferry Street, at Rainbow Market, southeast comer Ernst Street, adjacent to north side of building. 2. 635 East Delavan Avenue, at Big Mike's Deli, southeast comer Chelsea Place, adjacent at north side of building. 3. 125 Hamburg Street, at Old First Ward Deli, southeast corner O'Connell Avenue, adjacent to north side of building. 4. 351 Potomac Avenue, at Buffalo Food Market, southwest comer Hoyt Street, adjacent to west side of building. 5. 434-436 East Ferry Street, at Clover Farms Market, northwest comer Wohlers Street, adjacent to cast side of building. The Department of Public Works, Parks and Streets has reviewed this application and has no objection to the installation of said payphones. However, before a license may be issued, each individual proposed location must be approved by Your Honorable Body in accordance with Chapter 441-4 of the City Ordinances as revised (C.C.P. #136 of December 26, 1995). REFERRED TO THE COMMITTEE ON LEGISLATION No. 53 R. Morrisroe - Lower West Side Traffic Calming Item #23, C.C.P. OF/20/01 The referenced item was sent to this department for a response. For the past several years, representatives of this department have met with various community groups and the district councilmembers who represent the lower west side. We do not feel that at this time there is a consensus of the parties involved to approve one plan or another. Once agreement is reached amongst these groups, the councilmembers and this department, a plan will be presented to the Common Council for implementation. REFERRED TO THE COMMITTEE ON LEGISLATION No.54 Request to Hire Consultant Request to Advertise & Receive Bids for the Hennepin Park Splash Pad Permission is requested from Your Honorable Body to hire an architectural/engineering consultant to design, prepare construction documents, then advertise and receive bids for the proposed construction of a splash pad in Hennepin Park. Funding for this consultant agreement is available in the Bond Fund Account #35640106 - Improvements to Hennepin Park 99'-00'. The consultant's fee will be approximately $6,800 (8% of the $85,000 construction budget). Mrs. LoTempio Moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 11, 2001 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire an architectural/engineering consultant to design, prepare construction documents, then advertise and receive Page 34 01-0417ss0406.txt bids for the proposed construction of a splash pad in Hennepin Park for an amount no greater than $6,800. Funds for this agreement are available in Bond Fund Account #3 5 640106 - Improvements to Hennepin Park '99-'00. Passed. AYES - 12 - NOES - 0 No. 55 252 Delaware Avenue Requests Permission to Install Sidewalk Cafe Mr. Bill Palladino and Mr. Joseph Todaro, owners of the Red Room Bar, located at 252 Delaware Avenue, have requested permission to install a sidewalk cafe which would encroach City right of way at said address. The proposed cafe would measure thirty feet (30') in length and project nine feet (9') 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 applicants 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 thirty feet (30') in length or extend more than nine feet (9') from the building face. 4. That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5. That the sidewalk cafe be completely removed from City right of way from November 15 to April I each year. 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. 56 951 Elmwood Avenue Requests Permission to Install Sidewalk Cafe Mr. Dave Cosentino, owner of Talking Leaves, located at 951 Elmwood Avenue, has requested permission to install a sidewalk cafe, which would encroach City right-of-way at said address. The proposed cafe would measure approximately forty feet (40') in length and project six feet (6') from the building face into City right-of-way. The Department of Public Works, Parks and Streets has reviewed Mr. Cosentino's application pursuant to Chapter 413-59 (Sidewalk Cafes) of the City Ordinances and has no Page 35 01-0417ss0406.txt objection to Your Honorable Body authorizing the Commissioner of Public Works 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 forty (40') feet in length or extend more than six feet (6') from the building face. 4.That no portion of the sidewalk cafe be permanent in nature or permanently affixed to the main building or public sidewalk. 5.That the sidewalk cafe be completely removed from City right-of-way from November 15 to April I each year. 6.That the applicant be assessed the annual fee of $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 and damage 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. 57 Repeal One Way Street Direction Lyth Street Item 194 of CCP 3/6/01 This is in response to the subject item, which was referred to our department for comment. In 1998 as a result of a letter and petition from the Council President (copies attached) our department filed the necessary notification serials to convert Lyth Street to a two way operation. Upon implementing the two way on 10/5/98 (notice attached) we immediately received numerous complaints and Lyth was converted back to one way. The subject resolution asks once again for a conversion to a two way street. Our department has no objection to making these changes but we need verification that the two way operation is what the Common Council and residents desire. We have already spent numerous office staff hours and material/labor costs to change the operation from one way to two way and back to the current one way. RECEIVED AND FILED NO. 58 REPORT OF AUDIT - ERIE BASIN MARINA MARINA LEASE AGREE. AND REVENUES ITEM #15 CCP 3/20/01 ITEM #16 CCP 3/20/01 The above referenced items were sent to these departments for a response. This department agrees with the Comptroller's audit findings and have already implemented some of the recommendations. We will implement the remaining recommendations during the upcoming season. Page 36 01-0417ss0406.txt REFERRED TO THE TASK FORCE ON ERIE BASIN MARINA FROM THE COMMISSIONER OF FIRE NO. 59 Complaint of Bigotry in the Buffalo Fire Department (#164 CCP 4/3/2001) On March 6, 2001 Battalion Chief Anthony Hines of the Buffalo Fire Department was suspended from duty without pay pending a hearing on charges of impeding the efficient operation of the fire department, conduct unbecoming of a firefighter and the use of inappropriate language to a subordinate member of the department at the scene of a fire incident on February 12, 2001. The charges were placed by the Department of Human Resources. Subsequently Chief Hines received a temporary restraining order (TRO) from State Supreme Court Judge Nelson Cosgrove who ruled on April 5, 2001 that Chief Hines rights were violated and that the City of Buffalo exceeded its authority when it filed charges by the Human Resources Department instead of by the Commissioner of the Fire Department. According to the judge's order the City of Buffalo rescinded the charges against Chief Hines and restored him to his position with back pay and benefits. On April 6, 2001 Chief Hines was charged by the Commissioner of Fire with the same set of city and department violations previously mentioned. As of this date Chief Hines is suspended from duty without pay pending a hearing on the charges, which is set for early May 2001 RECEIVED AND FILED NO. 60 FORMER SCHOOL #62 - 376 URBAN ST Regarding 6riner School #62 (376 Urban St.) in response to your resolution, please note the following 1. All violations cited by Lt. Melvin Drakeford on March 13 (see letter attached) have been corrected. 2. A copy of architectural plans have been updated to reflect the required fire separations in the interstitial space above the 2 "d floor. Plans have been reviewed and approved by the Fire Prevention Bureau and the Inspections Department. The original contractor, Anthony Pirrone, has indicated work will begin this week. 3. As a precautionary measure, heat detectors have been installed in the interstitial space and have been inspected by the Fire Department. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 61 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE: April 6, 2001 IN THE DEPARTMENT OF: Fire TO THE POSITION OF: Fire Captain permanent promotion FLAT Starting salary of: $59,432 Joseph Foley 105 Treehaven West Seneca, 14224 William Webster 62 Beyer Place Buffalo, 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 62 CERTIFICATE OF APPOINTMENT Page 37 01-0417ss0406.txt APPOINTMENT EFFECTIVE: April 6, 2001 IN THE DEPARTMENT OF: Fire TO THE POSITION OF:Captain permanent contingent Promotion at the: FLAT Starting salary of : $59,432 Paul Beale 362 Wardman Kenmore, 14217 Elizabeth Kraebel 176 Tuscarora Buffalo, 14220 Paul Craver 492 Linden E. Aurora,14052 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 63 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE: April 6, 2001 IN THE DEPARTMENT OF: Fire TO THE POSITION OF: Fire Lieutenant permanent promotion flat Starting salary of: $56,560 Daniel O'Leary 55 Tudor Blvd. W. Seneca, 14220 Steven Benton 4 John Paul Buffalo, 14206 Paul Graham 49 Fox Chapel Orchard Park, 14127 Jeffrey Roberts 6818 Milestrip Road Orchard Park, 14127 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 64 CERTIFICATE OF APPOINTMENT APPOINTMENT EFFECTIVE: April 6, 2001 IN THE DEPARTMENT OF: Fire TO THE POSITION OF: Fire Lieutenant permanent contingent promotion flat Starting salary of: $56,560 Franklin Humphrey 59 Empress Amherst, 14226 Scott Skinner 3689 Briarwood Court Hamburg, 14075 Ricardo Oliveri 97 Swan Street Lackawanna, 14218 Mark Stevenson 1118 West Buffalo, 14213 Kevin Peterson 120 Bickford Buffalo, 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES NO. 65 RESPONSE IUOE REQUEST CERTIFIED PAYROLLS FROM CITY DEMO PROJECTS I am in receipt of your letter requesting certified payrolls and other records from various demolition contractors who have done work with the City of Buffalo for the past two years. The City of Buffalo will be responding to your request within the next three weeks. This request will take some time for the City of Buffalo to research and compile. We appreciate your patience. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 66 Second Hand Dealer 694 Genesee Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Second Hand Dealer License located at 694 ' Genesee 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 Inspector, find it complies with all regulations and other applicable laws. I Page 38 01-0417ss0406.txt have caused and investigation by the Police Department into the moral character of Tommie Acoff. The attached thereto for Tommie Acoff d/b/a Use, Furniture. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 67 Used Car Dealer 270 Abbott Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached, application for a Second Hand Dealer License located at 270 Abbott and rind that as to form it is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspector, I find it complies with all regulations and other applicable laws. I have caused and investigation by the Police Department. into the moral character of Dewey Thorington. The attached thereto for Dewey Thorington d/b/a R & D Ca Connection. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF COMMUNITY SERVICES NO. 68 Appointment - Acting Director of Counseling Bernadette Sherry I am appointing Ms. Bernadette Sherry, 23 John Paul Court, Buffalo, New York 14206 as Acting Director of Counseling within the Division of Substance Abuse Services for a period of 90 days, commencing on April 16, 2001. Ms. Sherry is presently working as a permanent Senior Counselor at salary step 5. Therefore, I am granting Ms. Sherry acting pay as Director of Counseling at Step 5 which is $47,771.74 annually. This position has been vacant since February 14, 2001. It has not yet been filled on a permanent basis due to the reason that the Director of Counseling job description is in the process of being changed in order to comply with the new NYS Office of Alcoholism and Substance Abuse Services regulations from which the Division of Substance Abuse Service receives its funding. Once the new job description is approved, the position will be filled on a permanent basis. I hereby certify that Ms. Sherry is duly qualified to perform the duties of Director of Counseling and also holds the most seniority of all the clinical staff of the Division. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 69 BMHA'S LAKEVIEW HOUSING HOPE VI PROJECT Please file the attached MBE/WBE Report from Arthur 0. Eve Jr., Office of Contract Compliance, Section 3 Coordinator on the BMHA's Lakeview Housing - Hope VI Project, that was presented at the MBEC Committee Meeting on April 19, 200 1. Please refer this item to the MBEC Committee. REFERRED TO THE MINORITY BUSINESS ENTERPRISE Page 39 01-0417ss0406.txt COMMITTEE FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 70 Status/Update COB EEO/Affirmative Action Plan The Departments of Human Resources, Law, and Community Services are in the process of reviewing the City's Affirmative Action Plan in light of the 2000 U.S. Census and the amendments to the City's Charter. The Equal Employment Opportunity Coordinator position created under the amended City Charter was to have been filled by the appointment of a B.U.R.A. employee. That employee submitted his resignation this week. Attached hereto is a copy of the City of Buffalo E.E.O.P. short form filed with the U.S. Department of Justice on March 29, 2001 in connection with several grants awarded to the City of Buffalo by the United States. The plan was approved by the Department of Justice. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 71 Certificate of Appointment Appointment Effective: April 2, 2001 in the Department of Human Resources Division of Civil Service. to the Position of Typist Permanent Appointment at the: intermediate Starting Salary of: $ 24585.00 Elizabeth Timineri 90 Virgil Ave. Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BOARD OF EDUCATION NO. 72 M. Rice-Concerns-Denial of Public Transportation-Charter School Students" "RIT-Req. Support-Extended Nine Period" "Section Six Football" Item #83, C.C.P. April 3, 2001, I'M. Rice-Concerns-Denial of Public Transportation Charter School Students" This issue was referred to Corporation Counsel after the March 14, 2001 Board of Education Meeting. Corporation Counsel prepared a report for the Board's Transportation Committee Meeting on March 28, 2001. The Committee requested further information on some items. Revisions will be presented at the next Transportation Committee Meeting. Item #84, C.C.P. April 3, 2001, "RIT-Req. Support-Extended Nine Period" This is a funding issue. The District is currently working on initial staffing for 2001-2002 School Year. Until sufficient revenues are realized, new staff cannot be authorized. Item 9163, C.C.P. April 3, 2001, "Section Six Football" Mr. David Thomas, Acting Director of Physical Education, has been meeting with City personnel on this issue. Mr. Mel Alston, Associate Superintendent for Plant Services, will need to be included in any discussions on this matter. REFERRED TO THE COMMITTEE ON EDUCATION FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION No. 73 Page 40 01-0417ss0406.txt NYS EMPIRE ZONE APPROVAL OF BOUNDARY REVISIONS A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On motion by Mrs. LoTempio, seconded by Ms. Grant, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances David Stebbins, David Barry Mrs. LoTempio now moved that the hearing be closed. Seconded by Ms. Grant CARRIED. NYS Empire Zone Revision to Boundary Description On February 4, 1994, this Honorable Body approved a Local Law creating an Economic Development Zone (hereinafter referred to as (Zone). On July 27, 1994, the City of Buffalo was awarded a New York State Economic Development Zone, by the State of New York, now known as the Empire Zone. Subpart 2 of aforesaid Local Law defined the boundaries of the areas of the Zone. Subsequent to the designation of the Zone, certain areas adjacent to the Zone have been proposed for major economic development activities. Due to recent developments, the Buffalo Economic Renaissance Corporation believe that it is in the best interest of the City of Buffalo to approve the revision to the boundaries of the Zone. It is therefore respectfully requested that the attached resolution be approved. Mrs. LoTempio moved: That the above communication from the Buffalo Economic Renaissance Corporation dated April 17, 2001, be received and filed; and That after a public hearing on April 17, 2001, the Common Council does hereby approve the revision of the boundary description of the New York State Empire Zone as described in the above communication and does hereby request the New York State Commissioner of the Department of Economic Development to revise such Zone boundaries. Passed AYES - 12 - NOES - 0 No. 74 RFP SUPERMARKET EAST SIDE I am providing a copy of the Request for Proposal (RFP) that was sent to developers, retailers and other interested parties regarding the development of a full-service supermarket on the East Side of Buffalo. This document has already been shared with the Common Council membership prior to distribution. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY CLERK No. 75 REQUEST FOR A CITY OF BUFFALO INACTIVE RECORDS STORAGE CENTER The Records Management Division of the City Clerk's Office is requesting that the City look into acquiring a new, used, or to lease a building for use as an Inactive Records Page 41 01-0417ss0406.txt Storage Center. The space requirements would be at least 30,000 to 50,000 square feet. The Records Management Division was created in 1889 by the City of Buffalo, which then adopted the SARA MU- I Records Retention and Disposition Schedule from the State Education Department and appointed Charles L. Michaux, III as the Records Management Officer. In the last twelve- (12) years this division has surveyed every city department and has established records management policies for all city agencies and divisions to follow. In 1992 it established an Inactive Records Storage Center on the l6th floor of City Hall. Currently the facility holds approximately 16,000 cubic feet of inactive records and is filled to capacity. In spite of the fact that Records Management Staff routinely disposes of over 3,000 cubic feet of obsolete records each year, the center receives over 4,000 or more cubic feet of inactive records for storage in its place. The micrographics and digitizing function of the Records Management Division are constant. Records Management has microfilmed all 9,000 volumes of Tax and Assessment Ron Books dating from 1814 to 1990 and Archival Treasurers Return Books from the early 1800's to approximately 1914. An eight- (8) year window is kept on the Tax and Assessment Ron Books due to pending certiorari proceedings. Records Management is presently involved in the filming and digitizing of all the City of Buffalo Property Site Plans and Maps of every parcel in the City for the Division of Permits. There are approximately 80,000 parcels in the City however each plan can consist of anywhere from one (1) to forty (40) attachments. This project has emptied out four (4) vaults on the P floor of City Hall. However, since the plans are permanent records, after they are filmed and digitized Records Management must store the plans in our outside facility located at the now closed Precinct #17 on Colvin Avenue until the scanned images can be certified as accurate. The down side to this is that Precinct #17 is now also full. I could go on and on with regards to the 12 years of work that the Division of Records Management has completed however, the fact is that our facilities are full and we have run out of storage space at both. This alone demonstrates the success of the Records Management Program and the benefits it has given to the City of Buffalo's records needs. I must reiterate that Records Management does routinely dispose of obsolete records daily, up to 3,000 cubic feet per year!! In the twelve- (12) years of operations this division has physically handled over 150,000 cubic feet of records and has disposed of records no longer needed. I have attached a SARA MU-1 Records Retention and Disposition Schedule: for your review. This schedule shows you the life cycle of every record that is created in government. Incidentally, all records created by the Common Council are considered "Permanent Records". In conclusion, had the City of Buffalo not established the Records Management Division in 1989 many of the written records of the City of Buffalo's history would have been lost. As it now stands there are still many gaps in the cities records series. It is hoped that with the establishment of a new outside Inactive Records Storage Center that much of those lost records will find there way back to the City of Buffalo. Every consideration you can afford this effort will Page 42 01-0417ss0406.txt greatly increase our chances of accomplishing this tedious yet important task REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE DIRECTOR OF REAL ESTATE DISPOSITION OF RECORDS No. 76 Attached please find the following disposition of records from the following departments: COMMON COUNCIL-CITY CLERKS OFFICE POLICE RECEIVED AND FILED No. 77 Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 71-75 ALLEN ST JEFFREY BENJAMIN JEFFREY BENJAMIN 3057 MAIN ST BAR-BUFFALO ING PATRICK LELLEHER 1511 BROADWAY COUSINS FAMILY REST LENORA HAWKINS 42-44 CHIPPEWA BRADFORD GRILL PATRICK KELLEHER RECEIVED AND FILED No. 78 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: Permit and Inspection Services- CHARLES MOORE Management Information Systems HERBERT RICHARDSON Administration and Finance- CARRIE GENOVESE RECEIVED AND FILED. No. 79 Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: City Planning Board RECEIVED AND FILED. No. 80 Notices of Appointments - Council Intems I transmit herewith appointments to the position of Council Intern. Mrs. LoTempio moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment Effective: April 10, 2001 in the Department of COMMON COUNCIL to the Position of INTERN VI SEASONAL NON-COMPETITIVE FLAT Starting Salary of: $10.00/HR Katrina Arnold 698 Norfolk Ave. Buffalo, NY 14215 Page 43 01-0417ss0406.txt Appointment Effective: April 10, 2001 in the Department of COMMON COUNCIL to the Position of INTERN V SEASONAL NON-COMPETITIVE FLAT Starting Salary of: $8.00/HR Jason Atkins 620 W. Ferry St. Buffalo NY 14222 Appointment Effective: April 10, 2001 in the Department of COMMON COUNCIL to the Position of INTERN II SEASONAL NON-COMPETITIVE FLAT Starting Salary of: $5.15/HR Michelle Ferri 75 Shoreham Pkwy. Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 81 Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Appointment Effective: April 4, 2001 in the Department of: Administration & Finance Division of: Inventory & Stores to the Position of: Laborer II Seasonal Appointment at the: Flat Starting Salary of: $ 6.92 per Hour Steven Pugliese 68 Cunard Rd. Buffalo, NY 14216 Appointment Effective: April 23, 2001 in the Department of Public Works, Parks and Streets Division of Streets to the Position of Seasonal Laborer II Seasonal Non-Competitive Flat Starting Salary of: $ 6.92 Vincent. M. Benton 40 Krettner Street Buffalo, NY 14206 Appointment Effective April 16, 2001 in the Department of Public Works, Parks and Streets to the position of Laborer II Non-Competitive at the Flat Starting Salary of $6.92 Jerry Brinkworth 47 Marine Dr Buffalo 14202 Philip Nott 54 Clifford Buffalo 14210 Michael Wachowicz 147 Barnard Buffalo 14206 Michael Renaldo 86 Norwalk Ave Buffalo 14216 Appointment Effective: April 11,2001 in the Department of Public Works, Parks , Streets to the Position of Laborer II Seasonal Non-Competitive Starting Salary of: $ 6.92 William Truitt 23 Montcalm Buffalo 14214 Appointment Effective: April 4,2001 in the Department of public Works, Parks Streets Division Of Parks to the Position of Laborer II Seasonal Non-Competitive Flat Starting Salary of: $ 6.92 Justin Barnes 94 O'Connor Avenue Buffalo 14220 Appointment Effective: April 3,2001 in the Department of Public Works, Parks Streets Division of Parks to the Position of Laborer II Seasonal Non competitive at the: Flat Starting Salary of: $ 6.92 Steven Minotti 435 Goethe Buffalo 14212 Appointment Effective: April 2, 2001 in the Department of Public Works, Parks and Streets Division of streets to the Position of Seasonal Laborer II Seasonal at the: Flat Starting Salary of: $ 6.92 George F. Barnes 5()4 Norfolk Buffalo, NY 14215 Glenn L. Bender 282 Crestwood Buffalo, NY 14216 Philip P., Pugh 35 Archer Street Buffalo, NY 14210 Jerry L. Rainey 228 Orange Street Page 44 01-0417ss0406.txt Buffalo, NY 14204 Ernest Riley, Jr 692 Northampton St Buffalo, NY 14211 Adrian Washington 53 Oberlin Buffalo 14211 Noel Meadows 107 Appenheimer Buffalo 14214 Appointment Effective April 2, 2001 2001 in the Department of Public Works, Parks and Streets Division of Recreation to the Position of Seasonal Laborer II Seasonal at the: Flat Starting Salary of: $ 6.92 John Heffron 49 Admore Buffalo 14213 Gregory Kelly 94 Farmer Buffalo 14207 Korry Smith 568 West Utica Buffalo 14213 Stephen Rogers 69 19th St Buffalo 14213 Nicole Savage 207 West Ferry Buffalo 14213 Judy Zaccagnino 178 Fenton Buffalo 14206 Appointment Effective: April 6,2001 in the Department of Stadium and Auditorium Division of Dunn Tire Park to the Position of Laborer II Seasonal Non competitive at the: Flat Starting Salary of: $ 6.92 Janet Davis 310 Jefferson Buffalo 14204 Gary Moore 86 Dodge St Buffalo 14209 No. 82 Appointment - 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) Appointment Effective: April 2, 2001 in the Department of Administration and Finance Division of Parking Enforcement to the Position of Junior Traffic Clerk Provisional Appointment at the: Minimum Starting Salary of: $23,949 Jonathan Nasca 12 Woodley Road Buffalo 14215 Appointment Effective: April 9, 2001 in the Department of Assessment and Taxation to the Position of Account Clerk Typist Temporary Appointment Minimum $25,004 Donna Marie Raimondo 230 Auburn Ave Buffalo 14213 Appointment Effective: March 19, 2001 in the Department of Audit and Control Division of Accounting to the Position of Junior Accountant Provisional Appointment at the: Minimum Starting Salary of: $27,385 Lisa R. Fehr 229 Summit Avenue Buffalo NY 14214 Appointment Effective: April 9, 2001in the Department of Community Services Division of Contract Administration to the Position of Attendant Temporary As Required at the: Flat Starting Salary of: $6.00 Tanya Cortez 15 Brooklyn 14208 Buffalo 14208 Carol Kelley 275 Oakmont Buffalo 14215 Lucille Martin 185 B Langfield Buffalo 14215 Darnell Haywood Jr. 23 Cayuga Buffalo 14211 Michael Deganis 200 Huntington Buffalo 14214 LaTonia Smith 3191 Bailey Buffalo 14215 Sean O'Hara 37 Woodward Buffalo 14214 Marlo Bryant 233 East Eagle buffalo 14204 Irwin Smith 74 Timon Buffalo 14211 Appointment Effective: April 3, 2001 in the Department of Community Services division of Contract Administration to the Position of Attendant Temporary As required at the Flat Starting Salary of $6.00 Desmond Green 315 West Delavan Buffalo 14216 Appointment Effective April 2, 2001 in the Department of Community Services Division of Contract Administrative to the Position of Supervisor Temporary as required at the Flat Starting Salary of $6.50 Tabitha Stroud 41 Grider Buffalo 14215 Appointment Effective March 29, 2001 in the Department of Page 45 01-0417ss0406.txt Community Services Division of Contract Administration to the Position of Supervisor Temporary as required at the Flat Starting salary of $6.50 Pamela Stoddard 18 Klaus Buffalo 14206 Appointment Effective March 30, 2001 in the Department of Human Resources Division of Civil Service to the Position of Monitor III Temporary Non-Competitive at the flat starting salary of $15.00 Alexander Porter 151 Prospect Buffalo 14201 Appointment Effective January 10, 2001 in the Department of Human Resources Division of Compensation & Benefits to the Position of Consultant II Temporary at the Maximum flat starting salary of $20.00 Thomas Kelly 298 Eden St Buffalo 14220 Appointment Effective April 2, 2001 in the Department of Police to the Position of School Crossing Guard Temporary Non-Competitive at the minimum Starting Salary of $7.09 Shelley Trillizio 108 Laird Buffalo 14207 Theresa Hayes 290 Grey Buffalo 14211 Marlo Levy 378 Shirley Ave Buffalo Ny 14215 Appointment Effective April 9, 2001 in the Department of Police to the Position of Laborer I Permanent Appointment at the Minimum Starting Salary of $9.86 Mark Lorenzo 27 Sherwood Buffalo 14213 Appointment Effective April 2, 2001 in the Department of Public Works, Parks and Streets Division of Demolitions to the Position of Account Clerk Permanent Appointment at the Minimum Starting Salary of $25,005 Joseph Ziemba 12 Fields Buffalo 14210 Appointment Effective April 5, 2001 in the Department of Public Works, Parks And Streets Division of Buildings to the position of Senior First Class Stationary Engineer Temporary Appointment Flat Starting Salary or $10.25 David Walker II 47 Coolidge Buffalo 14220 Appointment Effective April 2, 2001 in the Department of Public Works, Parks and Streets Division of Parks to the Position of Laborer II, Seasonal Non Competitive at the flat starting salary of 6.92/hr William Cornell, 115 15th St. Bflo NY 14213 Gerald Bettingen, 925 West Ave, Bflo, NY 14213 Daniel Griffith, 608 Tonawanda, Bflo, NY 14207 Jason Stock, 46 Britt St, Buffalo, NY 14220 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTR-ANCES NON-OFFICIAL COMMUNICATIONS No. 83 GREAT LAKES UNITED HICKORY WOODS CONCERNS Great Lakes, United and the Hickory Woods Concerned Homeowners Association are planning to hold an Earth Day Vigil on April 20, 2001 between the hours or 5:00 and 7,00 P.M. The site of the event has yet to be determined. We are interested however in holding the event at the "Clamshell" at LaSalle Park. Obviously, permissions for use of City owned facilities would have to be obtained. There would also be a need to have use of an electrical outlet for our public address system. Any help your office can give us in obtaining the necessary permissions would be greatly appreciated. MRS. LOTEMPIO MOVED THAT THE GREAT LAKES UNITED AND THE HICKORY WOODS CONCERNED HOMEOWNERS ASSOCITION IS Page 46 01-0417ss0406.txt AUTHORIZED TO HOLD AN EARTH DAY VIGIL ON APRIL 20, 2001 BETWEEN THE HOURS 0F 5:00 AND 7:00 PM SUBJECT TO THE CONDITIONS AS SET BY THE SPECIAL EVENTS ADVISO COMMITTEE. ADOPTED No. 84 CONTROLLED PARKING AROUND PERIMETER OF US COUURTHOUSE I am writing today to voice the Court's concern about the City of Buffalo's plan to eliminate the controlled parking of authorized vehicles around the perimeter of the United States Courthouse as part of a City-wide initiative to increase revenues from parking fees. For many years we have worked together with the City to formulate a workable plan for parking around the courthouse, and sincerely appreciate your considerable cooperation and assistance in that regard. However, the current plan to eliminate controlled parking around the courthouse will significantly undermine the security of our building, our employees, and the public. As a federal courthouse located in a downtown Metropolitan area, we face security risks different and unique from other downtown buildings. Nationwide, threats against federal installations generally, and federal courthouses in particular, have been on the rise. Due to the expansion of federal jurisdiction by the Congress, federal courts have had to confront increased security risks over the past decade. In addition to terrorist threats, the federal courts have had to deal with a growing number of violent offenders, particularly those involved in organized crime and drug trafficking activities. Further, federal courts, and this Court in particular, often handle highly controversial cases where passions run high. Such cases present an increased risk to the safety and security of the federal judiciary. The location and layout of the federal courthouse in Buffalo present further unique security risks. This building already has a very limited set-back from the street, only about 20 feet from the building to the curb. The United States Marshals Service, the agency responsible for courthouse security and experts in this area, has urged us to try to maintain a minimum set-back distance of at least 65 feet, and preferably 275 feet, in order to limit the potential damage from a car or truck bomb and make us a less attractive target. Our courthouse is also more susceptible to possible terrorist attack due to our close proximity to the international border. The Marshals Service has determined that there is a high probability of a foreign terrorist attack on a federal building somewhere in the United States within the next five years. The parking of known, authorized vehicles around the courthouse plays an integral role in our courthouse security plan. First, the parked vehicles increase the setback from the street by about 15 to 20 feet. Second, the vehicles provide an essential physical barrier of protection around the building thereby making a terrorist attack more difficult and less likely. Although the Marshals Service has made a budget request for concrete barriers to be placed on the sidewalks all around the building, we have been informed that we cannot expect funding for such barriers for at least two years and probably longer. In the meantime, the only physical protection we have between us and the street are the parked vehicles. Even when these barriers are in place, however, the parking of authorized vehicles around the building will still play a vital role in our Page 47 01-0417ss0406.txt security plan. The vehicles extend the barrier of protection and prevent unauthorized vehicles from parking along the curb. Without the vehicle barrier, a full-time law enforcement presence outside the building will be necessary to police the perimeter on a constant basis. Even then, it is questionable whether they would be able to react quickly enough. Indeed, in a recent book about the bombing of the federal building in Oklahoma City, it is reported that the terrorist Timothy McVeigh stated that he "breathed a sigh of relief' when he found that no vehicles were parked in front of the building, because be was then able to simply pull up to the curb in front of the building, light the fuse to the truck bomb and walk away. Otherwise, he would have had to attempt to drive the truck through the parked cars and into the building. The security concerns I have discussed here are what prompted Congress to authorize the construction of an annex to our courthouse. The new annex, the design of which is scheduled to begin later this year, will house the judges of this Court and will provide us with the latest up-to-date security measures available. Although the new building will improve the existing security measures, it will not eliminate the potential threat of attacks. The new annex will have virtually no street set-back. It was this factor which led to serious discussions about the advisability of moving the entire courthouse to a suburban location where adequate space would be available to properly secure the facility. None of the members of the Court, however, wanted to take such an extreme! step because we recognize the civic importance of maintaining a presence in downtown Buffalo. The buffer provided by the controlled parking of law enforcement and employee-owned vehicles is of significant importance to the security of the courthouse. Should our ability to control the parking around the perimeter of the building be lost, our safety and security would be unacceptably compromised. We want to remain in the downtown area and continue to be good neighbors to the downtown community, but we may have to explore other options if we cannot ensure the security of our court family and the visiting public. We strongly urge you to keep the existing parking plan in place. The lessons of Oklahoma City cannot and should not be ignored. I hope that we can continue to work together in a cooperative spirit to meet the needs of the City and the federal Judiciary. I am sending a similar letter to the Mayor and your colleagues on the Common Council. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 85 "S. Hoyt - Neighborhood Economic Impact Analysis Study - Children's Hospital" (#77, C.C.P., February 20, 2001) I am writing in response to the Community Development Committee's request for comments and/or recommendations relative to the above referenced matter. As you are probably aware, I am the Chair of the Children's Hospital Steering Committee that was commissioned by the Kaleida Health Board last summer to oversee the study and design of a new, freestanding Children's Hospital. To date, the Committee's work has focused predominately on two key activities - the development of a detailed work plan and budget to guide our planning effort, and the oversight of two "immediate" facility projects for the current Children's Page 48 01-0417ss0406.txt Hospital. Certificate of Need applications have recently been submitted to the NYS Department of Health for both the "immediate" projects - the renovation of the Emergency Room and the renovation of the Neonatal Intensive Care Unit. These two projects are essential to continuing the delivery of high-quality care and maintaining Children's Hospital's market share until a new hospital is constructed. As we develop our work plan, one of the key activities is the formation of a Bryant Street Re-Use Subcommittee to monitor the development of a community-sensitive plan for the existing hospital campus when a move takes place. It is important to note that a move is not likely for another seven to ten years. The Steering Committee views the matter of re-use as important, and recognizes the significance of this issue to the Elmwood business community and surrounding neighborhoods. The study of re-use alternatives for the campus needs to be appropriately sequenced in the work plan to correspond to the extended timeframe for planning and constructing a new hospital. Presently, the work plan calls for the formation of the Re use Subcommittee this summer. Central to the Re-Use Subcommittee's work will be understanding the economic implications of relocating the hospital on not only the Elmwood district, but also on the broader City of Buffalo. One of the significant limitations of the Hoyt- commissioned study is that it did not address the broader economic and medical care impacts on the City as a whole and the future potential of the Buffalo Niagara Medical Campus, in and around High Street. Also, the Hoyt study is largely based on qualitative and opinion-based information. As such, one of the activities of the Re-Use Subcommittee will be to further detail the report and determine what additional quantitative research needs to be conducted to more fully understand the economic impact of moving the Hospital, on the whole community. Sarah Ambrus, Vice President of Planning for Kaleida, has informed me of your invitation to present at an upcoming Community Development Committee meeting on Wednesday, April 25 at 10:00 a.m. I would like to thank you and the Committee Chair, Ms. Beverly Grey, for this invitation. It would be my suggestion, however, that this be delayed until the Re-Use Committee has been commissioned and allowed to more fully define their scope of work. I believe their input into your inquiry would be most productive. This is truly an important issue for the City of Buffalo - one that merit-C, considerable discussion in the upcoming months. I welcome any questions or comments you may have and can be reached at 837-5502 or through Sarah Ambrus at 843-7420. Children's Hospital Steering Committee REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 86 DOT RESPONSIBILITY KENISINGTON EXPRESSWAY CLEANUP/ITS PHASE 2 IMPLEMENTATION PROJECT This is in response to your March 15, 2001 letter and a follow-up to some concerns raised at the March 13" Committee on Legislation meeting which I attended. Our responses to the concerns mentioned are: Page 49 01-0417ss0406.txt ITS Phase 2 Implementation Project- This project consists of installation of an intelligent transportation system (ITS) on various highways (parts of NY Route 33, NY Route 198, Interstate 1-90, Interstate 1-290, and NY Route 400). The system will include closed circuit television (CCTV), highway advisory radio signs, variable message signs, transmit (Transmit incorporates E-Z pass tag readers to obtain average travel times, origin and destination information, and to identify potential incidents), permanent loop detection systems, and fiber optic communications. In the City of Buffalo, the installation of this Freeway Traffic Management System includes the Kensington Expressway (Route 33) and Route 198 between Route 33 and Parkside Avenue. We would welcome the Common Council to visit the Niagara International Transportation Technology Coalition (NITTEC) Traffic Operations Center located at 93 Oak Street so we can give you a tour of our facilities and give a detailed presentation of this project and future ITS work in Western New York. Dan Kreuz is the City's NITTEC representative and he may also be able to assist you in responding to questions concerning NITTEC. Responsibility To Maintain and Clean Kensington Expressway- By Highway Law, (Section 349 C, Paragraph 8), the City of Buffalo is responsible for sweeping/cleaning the state arterial highways within the City, which includes the Kensington Expressway. In recent years, to try and assist the City, our highway maintenance group has provided the personnel and equipment to establish and maintain work zones to enable the City maintenance forces to sweep/clean the Kensington Expressway. We have also purchased two giant vac's to assist the City and we also pick up litter on a regular basis and supplement our work effort with workfare personnel on the Expressway. We also coordinate an Adopt-A-Highway Program on the Kensington Expressway. If you need more information concerning our maintenance efforts to assist the City on the Kensington Expressway, please contact Al Taylor, Regional Transportation Maintenance Engineer, at (716) 847-3291. If you have any questions or need additional information, please contact me at (716) 847-3268. REFERRED TO THE COMMITTEE ON LEGISLATION AND CORPORATION COUNSEL NO. 87 EMPIRE STATE DEVELOPMENT GREENWAY PLAZA/BUFFALO INNER HARBOR PROJECT This is to respond to Common Council Resolution Item #206, CCP, March 20. 2001 regarding the Greenway Plaza and the Buffalo Inner Harbor project. This office concurs with the March 26, 2001 memorandum from the Buffalo Economic Renaissance Corp. (BERC) to the Common Council as it addresses this matter with one exception. In the attachment to the BERC memo titled "The Buffalo Inner Harbor" the final item states the project completion date as 2001. Currently, the projected completion date is late 2004. I trust that this clarifies this matter, if not please let me know. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL NO. 88 AFSCME LOCAL #650 HAZARDOUS CONDITION Page 50 01-0417ss0406.txt COUNCIL BATHROOM ROOM 1230 CITY HALL On behalf of AFSCME Local 650 Union member John Misso we would like to formally notify the City of a hazardous working condition. On the: morning of March 28, 2001, it was discovered that the Common Council bathroom had flooded, causing water and urine to flow to the office on the floor below, Room 1230. Mr. Misso's desk and surrounding work area was saturated with this liquid. A temporary repair was made to the bathroom, ceiling tiles were replaced, and the rug was shampooed. Mr. Rick Sacco, Building Superintendent was contacted regarding the situation and he explained that this was all that could be done at this time, due to budget problems. Mr. Sacco explained that the repair could Iast anywhere from a number of days to a number of months, Our request to close the bathroom in question and to replace the carpet was denied. Considering his limited resources, we appreciate Mr. Sacco's swift and conscientious response to the situation. However, we feel that this falls short of what is necessary at this time to ensure healthy working conditions for our employees. This is not the first time that the office in Room 1230 has beer. flooded. Despite shampooing, the carpet continues to have a musty, mold, mildew, and urine-like smell. Mr. Misso has an asthmatic condition that has been aggravated by his working environment. He has been to his doctor who prescribed medication for Mr. Misso and suggests correcting the working conditions. We respectfully request that the bathroom on the 13th floor be closed immediately until permanent repairs can be made. We also request that whatever action is necessary to disinfect and deodorize Room 1230 including removal and replacement of the carpet is done as soon as possible. Thank you for your time and consideration in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS NO. 89 SUPPORT COUNCILMEMBER GRANT'S EFFORTS INCREASE/EXPAND BUSINESS UNIVERSITY DIST Please accept this correspondence of support in reference to Council Member Betty Jean Grant's efforts to increase and expand business within the University District, which is to be voted on today. If I can be of any assistance on this issue please do not hesitate to call. RECEIVED AND FILED NO.90 M. FERDMAN-FOREVER ELMWOOD-MINUTES-CITY BUSINESS DISTRICTS- EMPIRE ZONE 3/14/01 Enclosed are- 1.Attendance Sheet for our meeting of March 14, 2001 2.List of issues raised at that meeting Information about Empire Zones provided by Donna Luh We agreed that at the next meeting, which will be held at the Iron Island Museum, 998 Lovejoy (phone 4 892-3084) on April 4 at 7 p.m., we will focus on a short list of priorities and an action plan for accomplishing, them. Please feel free to invite your local Councilmembers or County Legislators. Together we have the power to make a difference! RECEIVED AND FILED Page 51 01-0417ss0406.txt NO. 91 COMMUNICATIONS WORKERS OF AMERICAN CONCERNS LAYOFF NEW ERA/SHIFT OPERATIONS I hereby submit for filing copies of a letter from the Communications Workers of American regarding the layoff of 225 workers from the New Era Cap Company and the company's plan to shift some operations from the Derby office to non-union plants outside the City of Buffalo. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE BUFFALO ECONOMIC RENNASAINCE CORPORATION, EMPIRE STATE DEVELOPMENT CORPORATION AND THE ERIE COUNTY INDUSTRIAL CORPORATION NO. 92 BUFFALO OLMSTEAD PARK CONSERVANCY INC I hereby submit for filing copies of a letter from Peter Reese, a very well respected Attorney at Law. Mr. Reese's letter request further information from The Buffalo Olmstead Parks Conservancy, Inc. as to "who" and "what" this organization's true purpose is. RECEIVED AND FILED NO. 93 REQUEST COUNTY PROVIDE HEALTH/HUMAN SERVICES CATHOLIC CENTRAL I hereby submit for filing copies of a letter from Patricia Duffy, Principal Catholic Central School to Nancy Kelly Director of School Health. Mrs. Duffy's letter requests the county to offer full service in health and human services to the children of Catholic Central. RECEIVED AND FILE NO. 94 SUPPORT GREENWAY PLAZA RIVERWALK MAINTENANCE 100' SETBACK BUFFALO RIVER DEVELOPMENT I am writing on behalf of the Waterfront Committee of the League of Women Voters of Buffalo Niagara to urge the Buffalo Common Council to approve three resolutions that will come before it on April 11, 200 1. Resolution 207 (ccp3/20/0 1) asks the Empire Development Corporation to incorporate the Greenway Plaza in the design of the Inner Harbor and to file these plans with the Council. The Greenway Plaza or Hub is a central feature of the Waterfront Greenway System and key to providing future users of the Greenway Trail with information on all the branches of the Trail. Resolution 207 (ccp 3/30/01) requires the maintenance of the Riverwalk so that it can be used safely by the public. Resolution 135 (ccp 2/6/00) pertains to a 100 foot setback for non-water-dependent new development along the Buffalo River. We consider this the primary requirement for assuring a future attractive and publicly waterfront. Thank you for bringing the League's comments to the attention of the Common Council. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 95 1/99 POLICE CICIL SERVICE EXAM Please file the enclosed correspondence regarding the Page 52 01-0417ss0406.txt January 1999 Buffalo Police Civil Service Examination for Tuesday, April 17, 2001 Full Council Meeting. Thank you for your attention to this matter, if you have any questions, please feel free to contact my office. REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE COMMISSIONER OF HUMAN RESOURCES NO. 96 SUPPORT GREENWAY PLAZA/RIVERWLK MAINTENANCE Partners for a Livable Western New York strongly endorse the waterfront resolutions on the Greenway Plaza and on Rverwalk maintenance. We support the community based waterfront initiative and we are hopeful that governments will see fit to fund the proposals which will most significantly contribute to our quality of life. The City of Buffalo and Western New York are fortunate to have an extensive riverfront and lakefront. These areas should be improved and maintained so as to enable the maximum number of our residents to have access to them and to enjoy them. Best wishes for your continuing efforts to expand and preserve our waterfront assets. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 97 SALES TAX MEETING 4/9/01 EMERSON SCHOOL OF HOSPITALITY Majority Leader Rosemarie LoTempio made opening remarks and stressed this is not a partisan effort. Councilmembers and others have been proposing ways to share the 8th % of the sales tax since 1987, when the County had already received enough revenue from the extra I % to pay off the entire debt that precipitated the imposition of the tax. Councilmember LoTempio also gave a presentation on the history of the sales tax, noting the revenues the City of Buffalo and Board of Education have missed through the years. She then introduced a proposal to request the State Comptroller to convene an inclusive Smart Team (State Municipal Advisory Review Team) that would study the issue and review the County's books, using the best talent available to propose a well researched plan for the fair sharing of the 8th percent. She mentioned that there are several creative possibilities for a fairer system, some of which focus on the growth revenue from the sales tax. The County's $80 million surplus, the $212 million tobacco settlement and the impressive growth in the Sales Tax, all make this a good time to act without putting the County's finance in danger. Councilmember LoTempio then asked all in attendance to put forth any ideas they may have. Amherst Supervisor Susan J. Grelick noted that the town boards of Lancaster and Depew had passed resolutions in favor of sharing the 1 % and that the Amherst Town Board had defeated such a proposal because they favor the elimination of the 8 1h percent altogether. Ms. Grelick noted an absence of County services in some areas such as roads, and said regionalism should involve sharing resources to provide those services. Cheektowaga Supervisor Dennis H. Gabryszak noted that the intent is not to hurt the County but to produce a plan that is fairer to all taxpayers and localities. Page 53 01-0417ss0406.txt County Legislator Bill Pauly noted that the towns and villages had at least a moral claim and perhaps a valid legal claim on a share of the 81h percent. He proposed an Incentive Based Revenue Sharing Plan, where funds from the sales tax would be set aside for local governments based on population. These funds could be accessed when local governments shared services. The funds would be used to match any savings produced through the sharing, thus doubling the benefit to local taxpayers. Town of Orchard Park Supervisor Toni Marinaccio-Cudney stressed the importance of 485B payments that towns have to make and suggested that perhaps some portion of the I% could be used to help with 485B payments and some could be used to fund Mr. Pauly's idea. Town of Lancaster Supervisor Robert H. Giza stated his opposition to both plans that had been mentioned and said the extra I % should be shared under the same formula as the other 3%. He didn't want to have to "kiss the County's butt" for Lancaster's share, implying that the politics of anything but a straight sharing of the revenue would be unmanageable. He noted that several elected officials were intimidated from coming to this meeting. Crystal D. Peoples, Majority Leader of the County Legislature, noted that the legislature had passed a measure for the growth of the sales tax to be shared for economic development projects, and that County Executive had vetoed it. Ms. People supports the proposal for a Smart Team. John R. Foss, Supervisor of the Town of Marilla, stated that he was here to listen and couldn't commit to any plans at this time, but that his town is involved in protecting farmland. The PACE initiative is taking 20% of the town's budget for the preservation of farmland and is of benefit to the entire County; County participation in paying for the program makes sense. To date, the Town of Marilla has not received a nickel from the County. Mr. Foss pledged an open mind on proposals for the sales tax. Bill Pauly, urged that the Who Does What study be examined and noted some serious questions that had been raised about the study by Larry Southwick, Amherst's Republican Comptroller. He questioned the hidden negatives that tend to overshadow savings on projects such as the consolidation of the libraries. Patrick Hoak noted that, under the current formula, the County would still get a large share of the 8 th percent. He noted that the hub (City of Buffalo) must remain strong for our region to prosper and grow. He also noted that surplus monies are sitting in Albany. Byron W. Brown, NY State Senator, pledged to help the effort and noted that he is definitely in favor of sharing the growth from the sales tax. Councilmember LoTempio asked if there were any objections to moving forward with the plan to ask the State Comptroller to help develop the "Smart Team". Hearing no objections she announced that she and Mr. Gabryszak and Ms. Grelick would proceed. She also announced that the next meeting of this group would be held on April 3e, same time, same place. Attended by - 25 people including elected officials, staff and reporters Councilmembers in attendance - Ellington, Martino, Coppola, Bonifacio, Fontana REFERRED TO THE SPECIAL COMMITTEE ON Page 54 01-0417ss0406.txt REGIONAL GOVERNANCE NO. 98 W. 0 CONNOR-INDUSTRIAL HERITAGE-GREENWAY TRAIL/RIVERWALK MAINTENANCE The industrial Heritage Committee Inc. Resolution 206,ccp3/20/01,The GreenwayTrail, (Industrial Heritage trail,) and Resolution 207,ccp 3130101, Rivewalk Maintainance Dear Mr. Michaux: I am writing to you on behalf of the Industrial Heritage Committee, Inc. and all of its several hundred members to support the above resolutions I - or specific inclusion of the Greenway Flaza and Trail System as part of the City's Waterfront plan and inner harbor plan. we believe these resolutions submitted by Councilmember Gray are crucial to Buffalo I s Waterfront. They mandate ESDC and BERC to specifically address how these elements of the waterfront plans are to be included in the new inner harbor plan. Projects such as the Industrial HeritageTrail, (the first leg of the Greenway'Trail provide historic, recreational and educational enhancements to the waterfront. ]his project is extremely affordable, ready to go and can be accomplished right now. These are not new projects, but projects which have received continued support From the Common council and all waterfront planning consultants. We believe the Common Council as a duly elected public body, must ensure that the Buffalo Waterfront is a people-. s waterfront that will reattract residents and visitors from the entire region. At a time when the inner harbor plan is being revised to include more historic elements it is crucial that the original historic elements not be overlooked. We thank the members of the Common Council for their continued support and look forward to seeing these resolutions passed. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 99 J PAVELJACK-COMPLAINTS-ERIE CO UNTY-TAKEOVER OF EAST SIDE TRANSFER STATION, TRUCK TRAFFIC, GARBAGE SPILLS-SOUTH OGDEN REFERRED TO THE COMMITTEE ON BUDGET NO. 100 N RADICE CONCERNS ALLEYWAY THEATRE Alleyway Theatre Incorporated has recently received the key to the area of our building formerly occupied by the Buffalo Police David Granville was extremely helpful in accomplishing this. We sought the key so that we could go into the area to clean up the terrible mess left there, remove rotting food to discourage rodents, close open windows, and turn the heat down in the unused portion of the building (since it was set at 68 degrees), Even though Alleyway Theatre will not be able to actually occupy the area until major renovations are completed, we have happily taken responsibility for all the utilities a!; of April 9, 200 1, I hope that the City might help with a few small but important matters facing Alleyway Tbeatre by providing $20,000 in emergency funding to assist us with the, following: 1. long standing damages to the building are allowing heat Page 55 01-0417ss0406.txt to escape to the outside in such a way as to make the gas bills extraordinarily high These problems have not been. addressed, and we need these funds make proper repairs immediately. 2. Since we had completed the projects architectural designs before we learned of the Mayor's desire to not permit a restaurant to be developed on the premises, we have incurred additional expenses to have architects redesign the areas of OUT building which are impacted by that decision UPPER WESTARTS CENTER I understand that these are difficult times for capital funding, and will certainly postpone any LEADERSHIP COMMITTEE broader requests for assistance until some later date, but I hope you Will help us weather this difficult transition period. Thank you for your ongoing support of Alleyway Theatre. REFERRED TO THE COMMITTEE ON FINANCE AND THE DIVISION OF STRATEGIC PLANNING REQUEST TO CITY OF BUFFALO: THE NEED FOR EMERGENCY FUNDING FOR ALLEYWAY THEATRE INCORPORATED Background: After many months, Alleyway Theatre has received the key to the area of our building formerly occupied by the Buffalo Police. Even though Alleyway Theatre will not bc able to actually occupy the area until major renovations are completed, we sought the key so that we could go back to the area to clean up the terrible mess left there, remove zoning food to discourage rodents, close and cover broken or open windows, repair water leaks, and turn the heat down in the unused portion of the building (since throughout the winter it has been set at 68 degrees). In keeping with our lease., we have happily taken responsibility for all the utilities as of April 9, 121001 Request: At this time Alleyway Theatre Incorporated asks for S20,000 in assistance from the City Of Buffalo to accomplish the following emergency actions: 3.As has been reported in the past, certain long standing damages to the building are allowing heat to escape to the outside in such a way as to make utility bills extraordinarily high. These problems were originally caused by the leaking roof Though the roof has been repaired, the damages have not been addressed, and we need these funds to make proper repairs immediately, 4.Since we had completed the project's architectural designs before we learned of the City's recent decision to not permit a restaurant to be developed on the premises, we have incurred additional expenses as architects redesigned the areas of the building which were impacted by that decision Project Update: The overall project to restore and renovate the former bus depot budget is $1 5 million., but we have organized it into three phases, Our 25 Year Lease for the exclusive use of the former bus depot has been in place since 1998. Interior And Exterior Designs are finished, and construction documents are over 90% complete. Some additional funding was from New York State Council On The Arts. Project architects are Foitalbert Associates and Bergmann Associates, Installation of the New Roof was completed in December, 11, 1999,, made possible with support from the City Of Buffalo. Installation of New Heating/Air Conditioning was completed December, 1999. Page 56 01-0417ss0406.txt The new roof-top units ate serving the theatre and the future rehearsal hall/shop/dressing room area at the Pearl Street end of the building. The project was paid for, in part, 1.vith a grant from New York State Council On The Arts Financial Support To Date: over $278,000 * New York State Council On The Arts; Three grants totaling over $20,000 for planning and design, 0 New York State Council On The Arts: S50,000 for installation of heating and air-conditioning, completed December, 1999, 0 City of Buffalo, $101,000 for the installation of a new roof completed December, 1999, 4P City of Buffalo $12,000 for design fees to develop Alleyway master plan. Buffalo Economic Renaissance Corporation: $50,000 for planning arid design County Of Erie: S 15,000 for project planning and design. Alleyway Theatre Incorporated- $24,000 invested of funds from operations towards planning, design and construction. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF STRATEGIC PLANNING NO. 101 B MILLER-WILLIAMS-G HUBBARD-UNAVAILABLE TRANSPORTATICN KING URBAN CENTER CHARTER SCHOOL Please file the attached item on behalf of Ms. Gwendolyn Hubbard 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 851-49:30. REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OD EDUCATION NO. 102 B. MILLER-WILLIAMS D. KHAHAIFA CONCERNS TRANSPORTATION CHARTER SCHOOLS Please file the attached item on behalf of Mrs. Diann S. Khahaifa 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. This letter is written on behalf of my daughter Naiima I. Khahaifa age nine. As a parent I am outraged at the possibility that any child in need of the Charter School environment might be denied access due to lack of transportation. I am grievously disturbed that educators and civic-minded people would allow such a heinous injustice to happen to the under-served children in this community. The under-served children also need access to quality education equal to the larger community. What chance is there for the children of this community to ever hope to move into mainstream America without quality education. No transportation, no quality education for the less fortunate families in this community. As mentioned previously my daughter Naiima is a former student at the King Center when it was ECC #90, a Charter School environment. My daughter is presently attending a Magnet school. She is also an Honor student which I attribute to the Charter environment she experienced. REFERRED TO THE COMMITTEEON EDUCATION AND THE BOARD OF EDUCATION NO. 103 B.MILLER-WILLIAMS-E & J Page 57 01-0417ss0406.txt PIECHOWICZ-DENIAL-TRANSPORTATION.-KING URBAN CENTER CHARTER SCHOOL Please file the attached item on behalf of Mr. Edmund Piechowicz and Ms. Jaynie Piechowicz for inclusion on the Common Council Agenda for discussion at the upcomin Session for further action. Should you have concerns regarding this request, please contact me at 851-4980. In reference to your correspondence regarding the Charter School Law and the Governor's Briefing Paper in relation to the provision of transportation for your child to attend the King Urban Center Charter School, please be advised that I have contacted both the District Board of Education member and Superintendent Canedo for assistance in this matter. In addition, I have filed your concerns with the Common Council in order to further explore this issue. It is anticipated that this item will be referred to the Common Council Education Committee, chaired by Councilmember-at-Large Charley H. Fisher, 111. Given that the Committee Meetings are open to the general public, please accept this invitation to attend the Education Committee Meeting to express your concerns to the Common Council. Should you require further information regarding this matter, please feel free to contact me at 851-4980 to obtain the meeting dates and times for the Education Committee. REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION NO. 104 BRUCE WILLIAMS-NHS BROADWAY-FILLMORE-FORMER SCHOOL#62-376 URBAN ST As you instructed in your letter of April 4, 2001 and its attached Resolution, the following information will be filed with the Common Council, 1308 City Hall. The letter dated March 13, 2001 (copy enclosed) list four (4) changes ordered by Chief McNaughton" and that a letter would be forthcoming concerning "needed fire separation(s) from the Building Department"- signed by Lt. Melvin Drakeford. As promised at the meeting of Thursday March 15, 2001 the four items from the letter (Lt. Drakeford) were taker.. care of or completed within a week of the meeting, leaving- only two other issues from that meeting to be dealt with: 1.To extend the fire alarm system to include the attic or "interstitial attic" and, 2.To install additional fire stopping in certain parts of it. The fire alarm system extension has been completed, certified, and in operation since March 25, 2001. As for the fire stopping, completed plans have been submitted to Chief Robert J. Stasio of the Bureau of Fire Prevention and we will begin installing these fire stops immediately upon the receipt of that Bureau's approval. On Thursday March 30, 2001 Lt. Melvin Drakeford inspected the site (376 Urban Street) and went through the item-by-- item issues with the property manager (Mr. Andrew Rusiniak). At that time Lt. Drakeford made no mention of any issue unresolved or unmet. The following week (April 5, 2001) Chief Robert J. Stasio (Bureau of Fire Prevention) made his site inspection and, at that time, was shown the facility and was briefed on the completed work and, again, no mention of unresolved or unmet issues were made to our property manager. Page 58 01-0417ss0406.txt On the other related issues to the resolution: Copies of the "as built architectural plans" were submitted to the Department of Strategic Planning on Monday March 19, 2001. M.A.C Associates (1500 Military Rd., Kenmore NY 14217) represented by Anthony Perone attended the meeting of March 15, 2001 to answer question presented at that time and is the "original contractor." The person that approved the completed facility (approved the Certificate of Occupancy) was Director of Inspections (at that time) Frank Gizzo. Clearly, our response has been swift, thorough, and positive to all issues raised. In sum, all issues have been dealt with or corrected and the only remaining item -fire stops - awaits approval and we are poised to complete that. Finally, there was no mention of a "comprehensive plan" at the meeting of March 15, 2001 but rather the promise to treat these "changes" quickly and we have. We at Broadway Fillmore NHS strive to continue providing safe affordable rental housing for our community's residents, therefore if you should have any further questions regarding this matter please feel free to contact me at 852-3130. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 105 M.WOOSTERI GREAT LAKES UNITED-SUPPORT GREENWAY PLAZA)RIVERWALK MAINTENANCE-1001 SETBACK-BUFFALO RIVER DEVELOPMENT I am writing to urge the Buffalo Common Council to approve three resolutions that will come before it on April 11. Resolution 206 (ccp3/20/01) asks the Empire Development Corporation to incorporate the Greenway Plaza in the design of the Inner Harbor and to file these plans with the Council. The Greenway Plaza or Hub is a central feature of the City's Waterfront Greenway System and key to providing future users of the Greenway Trail with information on all the links. Resolution 207 (ccp 3/30/01) requires the maintenance of Riverwalk, which we should all support. Resolution 13 5 (ccp 2/6/00) pertains to a 100 foot set back for non-water-dependent new development along the Buffalo River. This is perhaps the most critical of all for assuring a future green and publicly accessible waterfront. Thank you for bringing Great Lakes United's comments to the attention of the Common Council. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 106 PETITIONS J. POPIELA, AGENT, USE 1999 ELMWOOD FOR ILLUMINATED SIGNS. (HRG. 04/24/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC' PLANNING, AND CORPORATION COUNSEL. NO. 107 D. BAILEY, AGENT, USE 133 S. DIVISION FOR BILLBOARD Page 59 01-0417ss0406.txt SIGN. (HRG. 04/24/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 108 S. SEMERARO, AGENT, USE 1292 HERTEL FOR RESTAURANT EXPANSION (HRG. 04/24/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 109 L. PARKER, AGENT, USE 2207 NIAGARA ST. FOR POLE SIGN. (HRG. 04/24/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC' PLANNING, AND CORPORATION COUNSEL. NO. 110 J. ANTHONY, AGENT, USE 2408 MAIN AKA 15 JEWETT PKWY. FOR ILLUM. GROUND SIGN. (HRG. 04/24/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 111 M. STANLEY, AGENT, USE 654 CRESCENT FOR THIRD STORY ADDITION. (HRG. 04/24/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC PLANNING, AND CORPORATION COUNSEL. NO. 112 B. BAUMKER, AGENT, USE 1728 BROADWAY FOR A POLE SIGN. (HRG. 04/24/01) REFERRED TO COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, COMMISSIONER OF STRATEGIC' PLANNING, AND CORPORATION COUNSEL. REGULAR COMMITTEES CIVIL SERVICE COMMITTEE BARBARA A. MILLER-WILLIAMS, CHAIRPERSON NO. 113 SALARY ORDINANCE AMENDMENT 04-DEPARTMENT OF AUDIT & CONTROL 1042 - AUDIT (ITEM NO. 197, C. C.P., APR. 3, 2001) That the Salary Ordinance Amendment as contained in Item No. 197, C.C.P., April 3, 2001, be and the Page 60 01-0417ss0406.txt same hereby is approved. Passed AYES-12. NOES-0. NO. 114 SALARY ORDINANCE AMENDMENT 55 - DEPARTMENT OF COMMUNITY SERVICES 1502 - COMMUNITY RELATIONS (ITEM NO. 199, C. C. P., APR. 3, 2001) That the Salary Ordinance Amendment as contained in Item No. 199, C.C.P., April 3, 2001, be and the same hereby is approved. Passed AYES-12. NOES-0. NO. 115 SALARY ORDINANCE AMENDMENT 20 - DEPARTMENT OF POLICE 1121 - ADMINISTRATION AND COMMUNICATIONS (ITEM NO. 200, C.C.P., APR. 3, 2001) That the Salary Ordinance Amendment as contained in Item No. 200, C.C.P., April 3, 200 1, be and the same hereby is approved. Passed AYES-12. NOES-0. NO. 116 W. JONES-CONCERNS-FIRE DEPT. (CCP#109-MAR. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 117 W. JONES-CONCERNS-FIRE DEPT. (FIRE) (CCP#55-APR. 3, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 118 W. JONES-CONCERNS-FIRE DEPT. (CIT. RIGHTS.) (CCP462-APR. 3, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 119 COMPLAINTS-BIGOTRY-FIRE DEPT. (CCP#164-APR. 3, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 120 APPT.-POLICE PHOTOGRAPHER (MAX) (POL.) (CCP#51 -MAR. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 121 APPOINTMENT ACCT.-CLERK (INTER) (ASSESS.) Page 61 01-0417ss0406.txt (ITEM NO. 37-C.C.P. APR. 3, 2001) 'Mat Communication 37, Apr. 3, 2001 be received and filed and the permanent appointment of Jacqueline M. Bald stated above at the intermediate salary of $26,411 effective on March 19, 2001 is hereby approved. PASSED AYES-12. NOES-0. NO. 122 APPOINTMENT DISPATCHER (MAX) (PW) (ITEM NO. 50-C.C.P. APR. 3, 2001) That Communication 50, Apr. 3, 2001 be received and filed and the permanent appointment of Charles E. Buchanan stated above at the maximum salary of $29,278 effective on March 19, 2001 is hereby approved. PASSED AYES-12. NOES-0. NO. 123 APPOINTMENT SR. FIRST CLASS STAT. ENGR. (MAX) (PW) (ITEM NO. 51 -C.C.P. APR, 3, 2001) That Communication 5 1, Apr. 3, 2001 be received and filed and the temporary appointment of Richard M. Veroba stated above at the maximum salary of $33,224 effective on March 19, 2001 is hereby approved. PASSED AYES-BONIFACIO, COPPOLA, ELLINGTON, FONTANA, GOLOMBEK, GRANT, LOTEMPIO, MARTINO, PITTS, THOMPSON, WILLIAMS-11. NOES-FISHER-1. NO. 124 APPOINTMENT CELLBLOCK ATTENDANT (INTER) (POL) (ITEM NO. 52-C.C.P. APR. 3, 2001) That Communication 52, Apr. 3, 2001 be received and filed and the permanent appointment of Roger L. Sanna. stated above at the intermediate salary of $25,774 effective on March 19, 2001 is hereby approved. PASSED AYES-12. NOES-0. NO. 125 APPOINTMENT SENIOR CELLBLOCK ATTENDANT (MAX) (POL) (ITEM NO. 53-C.C.P. APR. 3, 2001) That Communication 53, Apr. 3, 2001 be received and filed and the permanent appointment of Michael I Drewniak stated above at the maximum salary of $30,035 effective on March 19, 2001 is hereby approved. PASSED AYES-12. NOES-0. NO. 126 NOTICES OF APPT. -TEMP. /PROV. /PERM. (C.CLK.) (CCP#77-APR. 3, 01) That the above item be and the same hereby is received and filed. ADOPTED FINANCE Page 62 01-0417ss0406.txt BETTY JEAN GRANT, CHAIRPERSON NO. 127 LEASE - 336 EMSLIE - TRAINING CENTER (ITEM NO. 8, C.C.P., MAR. 6, 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 enter into a lease between the City and Mr. Jack Crumpton, 93 Hamlin Road, for use of city-owned property located at 336 Emslie Street, for a three (3) year period, under the same terms and conditions as listed in the above communication with an option to purchase in the first three (3) years of the lease at its fair market value, as is, at the time of the beginning of the lease term. That the Corporation Counsel be, and he hereby is authorized to prepare the necessary documents for said lease and that the Mayor be authorized to execute the same. Passed. AYES-12. NOES-0. NO. 128 REPORT OF BIDS - DISTRIBUTION SYSTEM IMPROVEMENTS LEROY/FILLMORE (ITEM NO. 29, C. C.P., MAR. 20, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant Moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to award a contract for the Distribution System Improvements Leroy/Fillmore to C. Destro Development, the lowest responsible bidder, in an amount of $990,645.00, plus 10% for approved unit prices for a total encumbrance of $1,089,710.00. Funds for this project are available in the Division of Water's org account 53150596. Passed. AYES-12. NOES-0. NO. 129 REPORT OF BIDS - STRIPING OF CROSSWALKS - VARIOUS CITY STREETS - 2001 (ITEM NO. 39, C.C.P., APR. 3, 2001) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to award a contract for the Striping of Crosswalks - Various City Streets 2001 to Buffalo Sealer and Striping Company, the lowest responsible bidder, in an amount of $48,210.00, plus approved unit prices for an additional amount of $4,821.00 for a total encumbrance of $53,031.00. Funds for this project are available in Bond Fund #30032106. Passed. AYES-12. NOES-0. NO. 130 REPORT OF BIDS - STRIPING OF LANE LINES - VARIOUS CITY STREETS - 2001 (ITEM NO. 40, C.C.P., APR. 3, 2001) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to award a contract for the Striping of Lane Lines - Various City Streets 2001 to Accent Stripe, Inc., the lowest responsible bidder, in Page 63 01-0417ss0406.txt an amount of $22,100.00, plus approved unit prices for an additional amount of $2,210. 00 for a total encumbrance of $24,310.00. Funds for this project are available in Bond Fund #30032106. Passed. AYES-12. NOES-0. NO. 131 SIDEWALK CAFE - 3148 MAIN STREET (ITEM NO. 47, C.C.P., APR. 3, 2001) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Mr. Tim Stevens, owner of Iberia Bar, located at 3148 Main Street, to install a sidewalk cafe, which would encroach city right-of-way at said address, subject to the following conditions: 1.That the applicant obtains any and all other City of Buffalo permits necessary for said installation. 2.That the sidewalk cafe be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Parks and Streets, Department of Permits & Inspection Services. 3.That the sidewalk cafe does not exceed twenty-two feet (22') in length or extend more than ten feet (10') 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 one dollar and thirty cents ($1.30) per square foot of City right-of-way occupied by said sidewalk caf‚ as described in Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances. 7.That the applicant supply the Department of Public Works, Parks and Streets with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said sidewalk cafe. Passed. AYES-12. NOES-0. NO. 132 SELLING OF CAPITAL BONDS FOR MASTEN DISTRICT PROJECTS (ITEM NO. 161, C.C.P., DEC. 26, 2000) Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 133 SELLING OF CAPITAL BONDS FOR MASTEN DISTRICT PROJECTS (COMPT) (ITEM NO. 20, C.C.P., JAN. 23, 2001) Mrs. Grant moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 134 Page 64 01-0417ss0406.txt D. MILLER-REQ. FOOD PANTRY-MACHNICA CTR. (CCP#85-FEB. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 135 ALLOC.-FNDG. FOR ART IN MLK JR. PARK (CCP#195-MAR. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 136 BRODERICK PARK MAINTENANCE AGREEMENT WITH THE COUNTY (ITEM NO. 56, C. C. P., MAR. 20, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mrs. Grant Moved: That the Mayor be, and he hereby is authorized to execute the Municipal Cooperative Agreement for the maintenance of Broderick Park. Passed. AYES-12. NOES-0. NO. 137 DELINQUENT ECIDA ACCTS; PILOT AGREEMENTS (ASSESS/TAX) (CCP#24-MAR. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO 138 R.COAN-ECIDA-PAYMENT IN LIEU OF TAX (PILOT) AGREEMENTS IN COB (CCP#78-APR. 3, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 139 REQUEST PERMISSION TO I-ERE ENGINEERING CONSULTANTS FOR INSPECTION SERVICES (ITEM NO. 46, 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 Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to accept proposals and hire qualified engineering firms for inspection services related to infrastructure and utility work for an amount not to exceed $50,000. Funds for this project are available in Capital Projects Accounts #34310506, 35310806 and 30032106. PASSED AYES -12 NOES - 0 LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 140 RENAME DELAVAN/MOSELLE CTR. TO DELAVAN-GRIDER CENTER Page 65 01-0417ss0406.txt (ITEM NO. 195 , C.C.P., APRIL 3, 2000) That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON LEGISLATION Richard A. Fontana, Chairman 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 for two consecutive weeks, a copy of which is attached hereto. On a motion by Mrs. LoTempio, seconded by Mr. Thompson the item is property before the Common Council, and the hearing is opened. CARRIED. Appearances - In Favor: Mr. Walker Pres Delavan Grider Block Club Opposed: Mrs. LoTempio moved that the hearing be closed. Seconded by Mr. Thompson CARRIED. Rename Delavan/Moselle Center to Delavan-Grider Center (Item No. 195, C.C.P., Apr. 3, 2001) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That after a public hearing on April 17, 2001, this Common Council requests that the Department of Public Works, Parks and Street Sanitation change the name of the Delavan/Moselle Center formerly located at 660 Moselle Street to the Delavan/Grider Center currently under construction at the former School #23 site at East Delavan and Wyoming Avenues) and that said name change become effective immediately; and That copies of this resolution be forwarded to Luther Walker, Louise Bonner, the Delavan/Grider Block Club Council, Grassroots, Inc., the 7 th and 3rd District Legislators for the Erie County Legislature, the 141" Assemblyman for NYS and the NYS Senator for the 57h District. PASSED AYES -12 NOES - 0 NO. 141 B. BAURNKER, PETITION TO USE 451 GRIDER - ILLUMINATED GROUND SIGN (ITEM NO. 95, C. C.P., APR. 3, 200 1) That after the public hearing before the Committee on Legislation on April 10, 2001, the petition of B. Baurnker, agent, for permission to use 451 Grider for an illuminated ground sign be, and hereby is approved with conditions as set by the City Planning Board. PASSED NO. 142 L. MCCLIVE, PETITION TO USE 451 FOREST AVENUE - ILLUMINATED GROUND 'SIGN (ITEM NO. 97, C. C.P., APR. 3, 200 1) That after the public hearing before the Committee on Legislation on April 10, 2001, the petition of L. McClive, agent, for permission to use 451 Forest Avenue for an illuminated ground sign be, and hereby is approved subject to the approval of the Zoning Board of Appeals. PASSED AYES -12 NOES - 0 Page 66 01-0417ss0406.txt NO. 143 S. PORTER, PETITION TO USE 173 HANCOCK - GROUND SIGN1.13 (ITEM NO. 98, C.C.P., APR. 3, 200 1) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved: That after the public hearing before the Committee on Legislation on April 10, 2001, the petition of S. Porter, owner, for permission to use 173 Hancock for a ground sign be, and hereby is approved. PASSED AYES -12 NOES - 0 NO. 144 D. WATTS, PETITION TO USE 2 10 DELAWARE AVENUE - BANNERS (ITEM NO. 99, C. C. P., APR. 3, 200 1) That after the public hearing before the Committee on Legislation on April 10, 2001, the petition of D. Watts, agent, for permission to use 210 Delaware Avenue for banners be, and hereby is approved. PASSED AYES -12 NOES - 0 NO. 145 APPTS.-CIT. SAL. REV. COMM. (COMPT.) (RODRIGUEZ, LOPEZ) (CCP#8-MAR. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 146 B WILLIAMS MEMO OF AGREE EC COURTS MAST PL IMPLE PLAN #93,2/6 CCP# 146 MAR 20, 01 That the above item be and the same is hereby received and filed. ADOPTED NO. 147 K. BALANGER BFLO PLACE PROP EASEMENT NIAGARA ST AT NEW COURT BLDG That the above item be and the same is hereby received and filed. ADOPTED NO. 148 DOWNTOWN SPECIAL DISTRICT - PROPOSED VENDING SITE MAP 2001-2002, (ITEM NO. 5 9, C. C.P., MAR. 20, 200 1) This Common Council approves the map attached to the above communication of the proposed vending sites for the Downtown Special District year 2001-2002 from Buffalo Place, Inc., pursuant to Article V111, Chapter 316, Sections 41-50 of the Ordinances. PASSED AYES -12 NOES - 0 NO. 149 ELIMINATING GRAFFITI ON COMM. & RES. BLDGS. (#179,11/14) Page 67 01-0417ss0406.txt (CCP# 118-NOV. 28, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 150 ELIMINATING GRAFFITI ON COMM. & RES. BLDGS. (PERMITS) (ICICP#63-DEC. 12, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 151 LIQUOR LIC STATE LIQ AUTHORITY POLICEON WAIVERS/30 DAY NOTIF RULE C CLK CCP#61 FEB 20, 01 That the above item be and the same is hereby received and filed. ADOPTED NO. 152 SECONDHAND DEALER - 1339 MAIN STREET (ITEM NO. 62, C. C. P., MAR. 20, 200 1) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Secondhand Dealer license to Patti Bolser, d/b/a Rent-A-Center Inc., #0 1892 at 13 3 9 Main Street. PASSED AYES -12 NOES - 0 NO. 153 USED CAR DEALER-525 E. DELAVAN (PERMITS) (CCP#65-MAR. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 154 RESTAURANT DANCING LICENSE - 678 MAIN STREET (ITEM NO. 45, C. C.P., FEB. 6, 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 150 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Restaurant Dancing Class IV license to Brian Nelson, d/b/a Cloud 9, located at 678 Main Street. PASSED AYES -12 NOES - 0 NO. 155 L. MCNAMARA-REQ. ALLEVIATION TRUCK TRAFFIC-VULCAN ST. (CCP#84-FEB. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 156 J BARNACK-NYSDOT-TRUCK TRAFFIC ON VULCAN ST. Page 68 01-0417ss0406.txt (CCP#74-MAR. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 157 ONE-WAY STREET DIRECTION -REPEAL FOR LYTH STREET (ITEM NO. 194, CC P., MAR. 6, 200 1) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 158 P. TANTILLO, ETC.-PETITION/SHOW CAUSE-REV. OF TRAFFIC DIR.-CLAREMONT/BIRD (CP) (CCP#36-APR. 3, 01) That the above item be and the same hereby is received and filed, ADOPTED COMMUNITY DEVELOPMENT (BEVERLY A. GRAY, CHAIRPERSON) NO. 159 STRATEGIC PLAN FOR COMM. ECON. DEV. (BERC) (CCP#60-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 160 BLTRA-FIN. STATEMENTS- SUPP. INF.-YEAR ENDED 6/30/00 (COMPT.) (CCP#9-MAR. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 161 ANNUAL AUDIT-FY ENDING 5/31/2000 (BERQ (CCP#78-MAR. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 162 J. HANNON, URB. HOMESTEAD PROGRAM (CCP#72-OCT. 3, 00) That the above item be and the same hereby is received and filed. ADOPTED NO. 163 SUPP. SUBSIDY ASST.-FRUITBELT/EXPRESSWAY PK.-NEW FFSG. PROG. (CP) (CCP#20-FEB. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 164 E. BROWN-EDCD-VAR. ISSUES-UNITED HOME BUYERS GROUP (CP) Page 69 01-0417ss0406.txt (CCP#23-MAR. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 165 HEWITT-ROBINS (ENV. MGMT.) (CCP#4-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 166 HEWITT-ROBINS (STRAT. PL.) (CCP#10-FEB. 20, 01) That the above item be and the same hereby is received and filed, ADOPTED NO. 167 INV. ENV. HAZARDS-735 HUMBOLDT PKWY. (ENV. MGMT.) (CCP#2-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 168 ENV. CLEAN-UP-318 URBAN & 858 E. FERRY (ENV. MGMT.) (CCP#3-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 169 ENV. CLEAN-UP-318 URBAN & 858 E. FERRY (STRAT. PL.) (CCP#9-FEB. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 170 CONVERT CITY OWNED LAND TO COMM. TOT LOT (CCP#201 -MAR. 20, 01) Mrs LoTempio moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO. 171 USE 887 & 895 KENSINGTON FOR TOT LOT (STRAT, PL.) (CCP#23-APR. 3, 01) Mrs. Gray-moved that the above item be recommitted to the Committee on Community Development. ADOPTED NO.172 G. Clark, Pratt Willert Comm. Ctr.-Req. for Van (CCP#80-Nov. 14, 00) That the above item be and the same hereby is received Page 70 01-0417ss0406.txt and filed. ADOPTED Education (Charley H. Fisher, III, Chairman) NO. 173 M. Alston-Jt. Sch. Const. Bd.-Draft RFQ-Prog. Mgr.-Sch. Rec./Const. (ED) (ICCP#64-Mar. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 174 E. Wilson-Conc./Gang Mem-Harass/Ext. 2000-01 Lighted Sch./Const. (ED) (CCP#65-Mar. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 175 Joint School Construction Board (Item No. 187, C.C.P., Mar. 6, 200 1) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fisher Moved: That the City of Buffalo and the Board of Education shall, through the JSCB, cooperate to the fullest extent possible in implementing the reconstruction of existing schools in our City pursuant to a plan and schedule approved by the Board of Education and the New York State Department of Education; and That the JSCB shall be responsible for the comprehensive construction and reconstruction program as authorized by the New York State Education Department and the special enabling act as it may be amended from time to time; and That the JSCB shall report on the status of the construction program to the Board of Education and the Common Council no less frequently than every six months; and That the Corporation Counsel and general counsel of the JSC13 are hereby authorized to prepare and pursue appropriate amendments of the City Charter, State enabling legislation and inter-municipal agreements to effectuate the intent of this Resolution and to clarify as necessary, the ability of the JSCB to implement the comprehensive program authorized by the New York State Education Department; and. Additionally, that documents detailing the hiring of the construction program manager should include participation goals for minority-owned business enterprises (MBE) of 25 percent and women-owned business enterprises (WBE) of 5 percent. Passed. AYES - 12 - NOES - 0 NO. 176 R. LoTempio-Joint School Const. Bd. -Minutes- 1/22/01 (CCP#102-Mar. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED Page 71 01-0417ss0406.txt NO. 177 R. LoTempio-Joint School Const. Bd.-Minutes-2/26/01 (CCP#103-Mar. 20,, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 178 Member Board of Education - Impl. African American Curriculum Content Infusion (Item No. 174, C.C.P., Nov. 14, 2000) That this Common Council requests the Buffalo Board of Education to effectively implement its stated African American Curriculum Content Infusion Policy. That this Common Council requests the Buffalo Board of Education to establish an African American Curriculum Content Infusion Policy office with at a minimum, a Director, two teachers and a clerk/typist, with the Director reported directly to the Superintendent. The office should have a budget sufficient to effectively advance the objectives of the CIP and to provide for attendance by the Director at national conferences that will facilitate the acquisition of materials necessary to the effective administration of the program; and that the Board of Education provides funds to establish at least five additional resource rooms in the District as well as provide resources to the one existing African American resource room at Campus West. That the Common Council requests the Board of Education to communicate to all employees of the District, particularly teachers and principals, its full support of the African American Curriculum Content Infusion Policy and its desire to see all employees support it in whatever way that is appropriate for their particular position, that the Board of Education require that all administrators be briefed annually on the African American Curriculum Content Infusion Policy and that all teachers, particularly new teachers receive diversity training, and that the Board of Education establish procedures to monitor the implementation of the African American Curriculum Content Infusion Policy. The procedure should include a review of lesson plans and final examinations; requiring that citywide assessments reflect African American Curriculum Content Infusion Policy and observation of teachers in the classroom by administrators. That this Common Council requests the Board of Education to report to this body on a regular basis as to the progress being made in the implementation of the African American Curriculum Content Infusion Policy. ADOPTED NO. 179 Extend 2000-2001 Lighted Schoolhouse Program (CCP#175-FQb. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 180 I Folan-Lighted Schoolhouse Prog.-Pymt. To Bd. Of Ed. (CCP#94-Jan. 23, 01) That the above item be and the same hereby is received and filed. ADOPTED Page 72 01-0417ss0406.txt NO. 181 I Folan-Lighted Schlhse Prog.-Pymt. To Bd. Of Ed. (Bd. Ed.) (CCP#57-Feb. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 182 M. Rudroff-Concerns-Music Dept.-Bflo Ac. Vis./Perf. Arts (CCP#88-Feb. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 183 M. Rudroff- Concerns-Music Dept.-Bflo Ac. Vis./Perf. Arts (Bd. Ed.) (CCP#56-Feb. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 184 B. Williams-Concerns-Mantra Narain (sic) (CCP#92-Feb. 6, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 185 CONCERNS-MANTRA NARAIN (BD ED) That the above item be and the same hereby is received and filed ADOPTED Special Committees ENERGY/CO-GENERATION COMMITTEE (Marc A. Coppola, Chairman) NO. 186 M. Coppola-Combined Heat/Power Education & Outreach Guide (CCP#92-Mar. 20, 01) That the above item be and the same hereby is received and filed. ADOPTED NO. 187 M. Coppola-J. Giambra-Req. R.F.P.-Cogeneration/Central Dist. Htg. (CCP#79-Apr. 3, 01) That the above item be and the same hereby is received and filed. ADOPTED JOINT COUNTY/CITY CONSOLIDATION COMMITTEE (James W. Pitts, Chairman) NO. 188 Erie Co. Leg.-Coord./Co-op Repair Kenmore Ave. (CCP#92-Sept. 2, 97) That the above item be and the same hereby is received Page 73 01-0417ss0406.txt and filed. ADOPTED NO. 189 Erie Co Leg-Joint Archival System (CCP#93 Sept 2, 97) That the item be and the same hereby is received and filed ADOPTED RESOLUTIONS By: Mr. Coppola No. 190 Removal of Snow & Debris by Contractors Whereas: Each year, licensed contractors are hired by City of Buffalo property owners to take care of snow removal and landscaping on their residential or commercial properties; and Whereas: Many neighbors to these properties complain to City Offices that landscaping debris and snow are left laying around; and Whereas: This lack of clean-up causes a hindrance to others, especially when snow is plowed from one driveway and left to block another, or pushed into a high pile, blocking visibility for pedestrians and drivers; and Whereas: In addition, landscaping debris and snow, when not dealt with properly, create neighborhood eyesores; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo requests that the Department of Permits & Inspections, Division of Licenses, adopt a policy of' giving snow removal and landscaping contractor license applicants a copy of the section of the City of Buffalo Ordinances that applies to the disposal of any and all debris after projects are completed; and Be It Further Resolved: As an added reminder to contractors and as information to the home do-it-yourselfer, the Common Council requests that the Department of Permits & Inspections, Division of Licenses, also investigate the possibility of running free Public Service Announcements on local television, (ie: channels 18 & 21), explaining the proper disposal of debris after projects are completed; and Be It Further Resolved: That this Honorable Body requests the Department of Permits & Inspections, Division of Licenses, to offer a response to the Common Council as to the feasibility of the above resolves, and, if they are feasible, a planned date of implementation; and Be It Finally Resolved: That the Department of Permits & Inspections, Division of Licenses, file their response with the City Clerk's Office, no later than 2:00 p.m., Thursday, April 26, 2001. Marc A. Coppola REFERRED TO THE SPECIAL COMMITTEE ON STREETS SERVICES, THE COMMISSIONERS1 OF PERMITS AND INSPECTIONS AND THE DIRECTOR OF LICENSES AND CORPORATION COUNSEL By: Mr. Coppola NO. 191 Ordinance Amendment Chapter 511 - Zoning The Common Council of the City of Buffalo does hereby Page 74 01-0417ss0406.txt ordain as follows: That Chapter 511 of the Code of the City of Buffalo be amended to read as follows: 511-4. Definitions. As used in this chapter, the following terms shall have the meanings indicated: STRUCTURE -- Anything constructed or erected which requires semi-permanent or permanent location on the ground or attachment to something having such location. 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) 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 general welfare of the community. 511-139. Exempt sites. [Sites located within preservation districts and designated landmarks and landmark sites will be exempt from design and site plan review. Sites located in urban renewal areas having specific site planning and design standards language are also exempt from this article] There shall be no sites exempt from the requirements of design and site plan review. 511-141. Design review procedures. Upon a finding by the Permit Office that a proposed development is subject to design and site plan review, a preliminary conference may be held between the Division of Zoning and Land Use Planning and the applicant prior to the submission of a formal site plan. The intent of such a conference is to enable the applicant to inform the Division of Zoning and Land Use Planning of a proposal prior to the preparation of a detailed site plan and for the division to review the basic site design concept, to advise the applicant of potential nonconformance with the Code of the City of Buffalo and to generally determine the information to be required on the site plan. In order to accomplish these objectives, the applicant shall provide the following: A. A plan showing the locations and dimensions of principal and accessory structures, parking areas, access signs (with descriptions), existing and proposed vegetation and landscaping and other planned features; anticipated Page 75 01-0417ss0406.txt changes in topography and other natural features; and, when applicable, any changes to existing structures; and B. An area map showing the parcel under consideration for site plan review arid all properties, streets, rights-of-way, easements and other pertinent features within 200 feet of the boundaries of the parcel. 511-142. Application requirements. Upon a finding by the Permit Office that a proposed development is subject to design and site plan review, an application for design and site plan approval shall be made in writing to the Director of the Division of Zoning and Land Use Planning and shall be accompanied by information contained on the following checklist. Where the preliminary conference was held, the accompanying information shall be drawn from the following checklist as determined necessary at the preliminary conference. Additional materials may be submitted in support of the design and site plan. 511-144. Planning Board decision. Within 62 days of the receipt of the application for site plan review, the Planning Board shall render a decision. A public hearing is required prior to a Planning Board decision. Public notice of such a hearing shall be made by publication in a newspaper having a general daily circulation within the City of Buffalo at least [five] ten days prior to the hearing date. Written notice by first class mail will be sent at least [five] ten days prior to the hearing date to all property owners within 400 feet of the site of the boundaries and the members of the Common Council. The Planning Board may approve, approve with modifications or disapprove the development according to the standards outlined in this chapter. The time period in which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. 511-150. Effect of approval. If [the Director of Planning and] the Planning Board approve the application or approve it subject to modifications or conditions, which are acceptable to the applicant, such approval shall not authorize the establishment or extension of any development, construction, reconstruction, alteration, demolition or moving any building or structure but shall merely authorize the preparation, filing and processing of applications for permits or approvals which may be required by all applicable laws of the city and the state. 511-152. Amendment. An approved design and site plan may be amended at any time [in the same manner and]. The amended design and site plan may be subject to the same standards and limitations as provided in this article for original design and site plan approval if deemed necessary by the Planning Board. The Planning Board will consider the nature and extent of the amendment, the impact of the change on the surrounding community and the basis or rationale for the amendment. REFERRED TO THE COMMITTEE ON LEGISLATION By: Mr. Fisher NO. 192 Formation of an Environmental Review Task Force Whereas: It has recently become apparent that the City of Buffalo has conducted inadequate environmental reviews for the development projects on City owned properties like Hickory Woods and Gus Franczyk Park undermining public confidence in the City's ability to comply with the State Page 76 01-0417ss0406.txt Environmental Quality Review Act (SEQRA); and Whereas: Mayor Anthony Masiello has given the Department of Strategic Planning the responsibility for strictly applying SEQRA environmental impact guidelines to City owned properties; and Whereas: Mayor Masiello's administrative directive does not apply to proposed projects which are not on City owned land but may have environmental I impacts that should be reviewed and mitigated under SEQRA; and Whereas: Private projects such as those recently proposed by Iron Mountain Records Management Company, Buffalo Industrial Diving, and CTS Crushing and Recycling have demonstrated inadequacies in the City SEQRA review processes; and Whereas: When the Buffalo Common Council is called up to adopt a negative or positive declaration under SEQRA it must make an informed judgment on [he potential environmental impacts of the facility in question and possible methods of mitigating those impacts; and Whereas: The current system of environmental review involving the Planning Board, the Law Department, the Permit & Inspection Services Department, the, Environmental Management Commission and other agencies need improvement in coordination, environmental review process and distribution of public information. Now, Therefore, Be It Resolved That: This Common Council calls for the Environmental Management Commission to immediately form an Environmental Review Task Force to conduct a comprehensive review of all matters related to legislation, administration, and budgeting affecting environmental reviews in the City of Buffalo, and to make recommendations to improve the Environmental review process of the City. Be It Further Resolved That: This task force be composed of I I members from various environmental entities. Be It Finally Resolved That: This task force complete within six months a thorough review of legislative, administrative, and personnel matters so as to make recommendations that will improve the public's confidence in the way the City conducts its environmental reviews in matters like SEQRA and Coastal Review District issues. REFERRED TO THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE ENVIRONMENTAL MANAGEMENT COMMISSION By: Mr. Fontana NO. 193 Re: Ordinance Amendment Chapter 242 - Housing Standards The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 242 of the Code of the City of Buffalo be amended to read as follows: 242-3. Access for inspection and repair. A. The Erie County Commissioner of Health or his authorized representative and/or the Commissioner of Permit and Inspection Services or his authorized representative is hereby empowered and directed to make inspections to determine the condition of dwellings and premises located within the city in order that he may perform his statutory duty of safeguarding the health and safety of the occupants of Page 77 01-0417ss0406.txt dwellings and of the general public. For the purpose of making such inspections, the Commissioner or his representative is hereby authorized to enter, examine and survey, at all reasonable times, all dwellings and premises within the city. B. It shall be the duty of the owner or occupant of a dwelling or the person in charge thereof to give an authorized representative of the Erie County Department of Health and/or the Commissioner of Permit and Inspection Services free access to such dwelling and ][Its premises at all reasonable times for the purpose of such inspection, examination and survey. C. It shall be the duty of every occupant of a dwelling to give the owner thereof or his agent or employee access to any part of such dwelling or its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule, regulation or order adopted or issued pursuant to the provisions of this chapter. 242-9. Unfit dwellings. The designation of a dwelling or dwelling unit as unfit for human habitation and the procedure thereon shall be in compliance with the following: A. Whenever the owner, occupant or lessee or agent for the owner, occupant or lessee or any person having charge or care of such premises fails or refuses to comply with the orders of the Erie County Commissioner of Health and/or the Commissioner of Permit and Inspection Services based on the provisions of this chapter or on any rules or regulations adopted by the Department of Health pursuant to the provisions of this chapter, such dwelling or dwelling unit may be condemned by the Commissioner as being unfit for human habitation and shall be vacated or brought into compliance with the provisions of this chapter or any other applicable laws, codes or ordinances within a reasonable time as ordered by the Commissioner. B. Before such placarding procedure may be used, except in a case of emergency as mentioned in 242-1013, a notification or order of the Commissioner, based on the provisions of this chapter or rules or regulations adopted thereunder, to any owner or occupant or person Having charge or care of any premises shall be put in writing and contain a brief description of the conditions complained of which are alleged to be in violation of specified provisions of this chapter or rules or regulations adopted thereunder or any other applicable ordinance, code or statute; and such notification or order may further state that if such alleged violations are not corrected within ten (10) days of service thereof, that the premises involved may be placarded under the provisions of this chapter or such other and further action may be taken as the served by mail or by personal service upon either the owner, occupant or person in charge of the premises or upon all of them, depending on the circumstances as to responsibility for the alleged violations complained of If the premises are unoccupied, such notification or order may be mailed to the owner at the name and address shown on the records of the [City Assessors] Department of Assessment and Taxation. C. The following listed defective conditions in a dwelling or dwelling unit shall not be deemed to be exclusive if other or Page 78 01-0417ss0406.txt different conditions exist on such premises that may reasonably be deemed by the Commissioner to cause the premises to be unsafe or in such condition as to be dangerous to human life or property and to the health and safety of the public: (1) Where interior walls or other vertical structural members list, lean or buckle more than one-half (1/2) out of the vertical plane of the thickness of those members between any two (2) floors or the floor is sagged or slanted more than one-fourth (1/4) out of the horizontal plane of the depth of floor structural members in any ten-foot distance. (2) Where the dwelling or dwelling unit has been so damaged by fire, wind, flood or other cause as to become dangerous to the health or safety of its occupants or of the public. (3) Where the dwelling or dwelling unit, in whole or in part, is so dilapidated, decayed, unsafe or insanitary that it is likely to cause injury to the health or safety of its occupants or of the public. (4) Where the light, air or sanitation facilities are inadequate to protect the health or safety of its occupants or of the public. (5) Where the dwelling or dwelling unit has inadequate facilities for egress in case of fire or panic or has unsafe stairways, elevators, fire escapes or other means of egress. (6) Where the dwelling or dwelling unit has structural or other parts which are so attached that they may fall or collapse and injure the person or property of the occupants or of the public. (7) Where the dwelling or dwelling unit, because of its general condition, is unsafe, insanitary or otherwise dangerous to the health or safety of its occupants or of the public. (8) Where a condition exists in violation of any applicable provision of the laws or codes of this state or in violation of any applicable ordinances or codes of the city so as to cause such dwelling or dwelling unit to be in an unsafe or insanitary condition or otherwise dangerous to the health or safety of its occupants or of the public. D. No dwelling or dwelling unit which has been condemned as unfit for human habitation and so placarded by the Commissioner shall be used for human habitation until such placard is removed by the Commissioner. Any person affected by any notice or order relating to the condemning and placarding of a dwelling as unfit for human habitation may request and shall be Granted a hearing on the matter before the Commissioner at a time and place set by him. In cases of emergency and immediate and apparent danger to the life, property or safety of the occupants of the dwelling or the public, the Commissioner shall have authority to cause the premises to be immediately vacated and all use thereof to cease until the cause for condemnation has been corrected, abated or removed, and no hearing shall interfere with or delay such action on the part of the Commissioner. 242-10. Service of notices and orders; hearings; legal actions; emergencies. A. Any person affected by any notice or order which has been issued under any provision of this chapter or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the Page 79 01-0417ss0406.txt matter before the Commissioner of Health or the Commissioner of Permit and Inspection Services, depending upon which Commissioner issued the notice or order. Upon receipt of a written petition from such person, which petition shall contain a brief statement of the grounds therefor, the Commissioner shall hold a hearing, at which time such person shall be given an opportunity to show why such notice or order should be modified or withdrawn. No such hearing shall be required unless the petition therefor shall have been filed in the office of the Commissioner within five (5) days after the date the notice or order was issued. On receipt of such petition, the Commissioner shall set a time and place for such hearing and shall give the petitioner written notice thereof. The hearing shall be commenced not later than ten (10) days after the date on which the petition was filed. After such hearing, the Commissioner may sustain, modify or withdraw the notice or order complained of by the petitioner, depending upon his finding as to whether the provisions of this chapter and of rules and regulations adopted pursuant thereto have been complied with. After any such hearing, in the case of any notice or order suspending any permit required by this chapter, when such notice or order has been sustained by the Commissioner, such suspended permit shall be deemed to have been revoked. The proceedings at such hearing, including the findings and decision of the Commissioner, shall be reduced to writing and entered as a matter of public record in the office of the Commissioner. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Commissioner may appeal therefrom to any court of competent jurisdiction under the procedures provided by the laws of this state. B. No provision or requirement herein contained for a hearing shall in any way whatsoever affect or impair the right of the Commissioner to at any time bring such legal proceedings, Actions or prosecutions as otherwise or elsewhere are permitted by law or ordinance. C. Whenever the Commissioner finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but, upon written petition to the Commissioner, shall be afforded a hearing as soon as possible. After such hearing, depending upon his finding as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Commissioner shall continue such order in effect or modify or revoke it. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. PASSED AYES - 12 - NOES - 0 NOTE: Matter in brackets to be deleted; matter underlined is new. By: Mr. Golombek Page 80 01-0417ss0406.txt NO. 194 [Christmas in April] Whereas: The Christmas in April organization has selected the Danforth/Dartf.Bradley Streets area for this year's community project to be held on May 5h, 200 1, and Whereas: The group will be doing a major rehab of one house as well as repair work on at least five others. They have also included a clean up of several vacant lots in the area and are looking for a suitable location to build a playground, and Whereas: All of the work is being done on owner occupied houses free of charge proving once again the that City of Buffalo is the City of Good Neighbors, and Whereas: Due to the number of different jobs being done during this years event the organization will face a substantial expense in City of Buffalo Building Pen-nit fees. Now Therefore Be It Resolved: This Honorable Body commends the Christmas in April organization for their grassroots approach to community rehabilitation. To help the organization with this project and to promote such activities by other groups the Common Council of the City of Buffalo does hereby waive any and all applicable City of Buffalo fees associated with this years Christmas in April community project. PASSED AYES - 12 - NOES - 0 By: Mr. Golombek: No. 195 RE: Skunks Whereas: The past few years have brought forth an incredible rise in the number of complaints from citizens regarding skunks; and, Whereas: Factors that have given rise to the number of skunks in the City of Buffalo include the large number of demolitions of housing and vacant industrial sites as well the several mild winters previous to this year; and, Whereas: Of all the rodents that inhabit the City of Buffalo it is skunks with their scent and destructiveness that cause the most alarm among the citizenry. Many residents have had skunk families take up residence in their sheds, garages and. crawl spaces preventing the families from enjoying their yards and putting their children and pets in danger of being sprayed by a frightened skunk; and, Whereas: It is completely unacceptable that residents with a skunk living in their crawl space are told that they have to wait as long as three weeks before the responsible parties are able to attend to the problem. Now, Therefore, Be It Resolved: That this Common Council wishes to work with the Department of Public Works, Parks and Street Sanitation and Erie County Rodent Control to find a creative and cost responsible solution which will enable the responsible parties to effectively attend to the growing skunk problem in the City of Buffalo; and, Be It Finally Resolved: That the Department of Public Works, Parks and Street Sanitation and the Erie County Department of Rodent Control each file their response to this resolution with their recommendations in the City of Buffalo City Clerk's Office by 2:00 PM April 26', 2001 REFERRED TO THE COMMITTEE ON LEGISLATION, THE ERIE COUNTY DEPARTMENT OF HEALTH AND THE Page 81 01-0417ss0406.txt COMMISSIONER OF PUBLIC WORKS By: Mr. Golombek No. 196 SUBJECT: [Buffalo and Erie County Historical Society Pan-Am banners] Whereas: This year marks the 100th anniversary of the Pan-American Exposition that was held in Buffalo and brought world wide acclaim to our great city, and Whereas: As part of the Pan-Am Exposition anniversary celebration the Buffalo and Erie County Historical Society will be hosting or collaborating in many wonderful events that will celebrate the historic event; and, Whereas: To celebrate the anniversary and publicize the events, the Buffalo and Erie County Historical Society would like to hang Pan-Am related banners in the immediate vicinity of their 25 Nottingham Terrace location and their Resource Center at 459 Forest Avenue; and, Whereas: The banners that will be hung from April 18th, 2001 to June 30th 2002 are attached to a single pole and will be located on the following poles; Nottingham Terrace pole #s - 6, 9, 30, 31, 300, 315, 320 and 1435. Forest Avenue pole: #s - 444, 447 and 464. Now, Therefore, Be It Resolved: The Buffalo and Erie County Historical Society is granted permission by this Honorable Body to hang banners at the above locations from April 18 th , 2001 to June 30'h, 2002. Be It Finally Resolved: This Common Council waives all City of Buffalo fees that may be incurred by the Buffalo and Erie County Historical Society in hanging the Pan-Am banners. PASSED AYES - 12 - NOES - 0 No. 197 By Mrs. Grant Bond Resolution $200,000 Bonds Planning West Side Community Center Account No. 3000-32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $200,000 General Improvement Bonds of said City to finance the cost of preparation of surveys, preliminary plans and detailed plans, specifications and estimates necessary for planning a new Community Center for the Niagara District, located at 382 Massachusetts Avenue, at the estimated maximum cost of $200,000. 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 Thousand Dollars ($200,000), 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 preparation of surveys, preliminary plans and detailed plans, specifications and estimates necessary for planning a new Community Center for the Niagara District, to be located at 382 Page 82 01-0417ss0406.txt Massachusetts Avenue. 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 $200,000 as set forth in the duly adopted Capital Improvements Budget of said City for fiscal year 2000-01, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings "New West Side Comm Ctr (Study & 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 $100,000. 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(2nd) 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 tie 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. Page 83 01-0417ss0406.txt LAID ON TABLE By: Ms. Grant, Mr. Fontana, Mr. Bonifacio and Mr. Thompson NO. 198 Re: Ordinance Amendment Chapter 175 - Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 of the Code of the City of Buffalo be amended to read as follows: Chapter 341, Property Maintenance 341-3, Correction of violation by city personnel or actual cost of the work$ 52.50 ~ 341-7,Correction of violation by city personnel or actual cost of the work$52.50 It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. PASSED AYES - 12 - NOES - 0 NOTE: Matter underlined is new. By: Ms. Grant, Mr. Fontana, Mr. Bonifacio and Mr. Thompson No. 199 Re: Ordinance Amendment Chapter 341 - Property Maintenance The Common Council of the City of Buffalo does hereby ordain as follows: That Section 341-7 of Chapter 341 of the Code of the City of Buffalo be amended to read as follows: 341-7. Maintenance of buildings and structures. A. Definitions. For the purposes of this section, the following terms shall have the meanings indicated: GRAFFITI -- AM unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property by a device capable of leaving a visible mark. STRUCTURES -- Includes accessory structures. SUBSTANTIAL DETERIORATION -- A status of either general dilapidation or specific instances of disrepair, including but not limited to substantial conditions of peeling, chipping, cracking, splintering, fraying, warping, crumbling, rusting, corroding, rotting or perforation. B. General maintenance. Exterior and interior surfaces, including but not limited to foundations, roofs, floors, walls, ceilings, doors, windows and fixtures of buildings and structures, shall be maintained: (1) In a clean, safe and sanitary manner; and (2) Free of substantial deterioration or graffiti. C. Supplied items. In leased premises where appliances or furnishings are supplied by the lessor, in whole or in part, the provisions of Subsection B above shall apply to such items. D. Exterior surfaces. (1) Periodic treatment. In addition, exterior surfaces of buildings and structures that are not inherently resistant to substantial deterioration shall be periodically treated with a protective coating of paint or other suitable preservative when necessary. Page 84 01-0417ss0406.txt (2) Conformity. Materials used for repair of exterior surfaces of buildings and structures, including, but not limited to, foundations, roofs, walls, windows, doors, stairs, columns, and chimneys, shall be of like nature, grade and quality as the existing surface, provided that in the replacement of an entire exterior surface, materials of a different nature may be used. E. Owner's duty. It shall be the responsibility of the owner to restore any surface marred by graffiti to a clean state of maintenance and repair within a reasonable time. If the Taffiti is not addressed for an extended period of time, the Commissioner may order the removal of the graffiti. Noncompliance. It shall be the duty of the Commissioner of Permit and Inspection Services or his or her designee to see that the provisions of this section are enforced. Where violations of this section exist, the Commissioner shall notify the owner of such (1) land of the violation. Such notice shall give the owner ten days to comply with this article. Such notice may be mailed by first class mail to the owner's last known address. In the alternative, the notice may be personally served Lipon the o ner b delivering the notice to the owner or by delivering the notice to a person of suitable age and discretion at the owner's residence or place of business. (2) After service of the notice, if the property shows no sign of restoration, the Commissioner of Permit and Inspection Services shall engage the services of a private contractor to perform the necessery work. The Commissioner of Permit and Inspection Services shall charge and bill the owner for the cost of such services. In his or her discretion, the Commissioner may assign city personnel to do the work, in which case a charge as provided in Ch4pter 175, Fees, shall be made. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. PASSED AYES - 12 - NOES - 0 NOTE: Matter underlined is new. By: Mrs. LoTempio NO. 200 Re: Discharge the Community Development Committee - Item 22 - CCP - April 3, 2001 "Transfer of Title, Urban Homestead Program - 95 Wasmuth" Whereas: Item 22 - CCP - April 3, 2001 - "Transfer of Title, Urban Homestead Program - 95 Wasmuth" is presently before the Committee on Community Development; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore, Be It Resolved That: This Common Council does hereby discharge the Committee on Community Development from further consideration of Item 22 - CCP - April 3, 2001 - "Transfer of Title, Urban Homestead Program 95 Wasmuth , and said item is now before the Council. Rosemarie LoTempio ADOPT DISCHARGE PASSED Page 85 01-0417ss0406.txt AYES - 12 - NOES - 0 By: Mrs. LoTempio No. 201 Re: Excuse Council Member Gray from Council Meeting Whereas: Council Member Beverly A. Gray is unable to attend the April 17, 2001 Common Council Meeting due to a conflicting scheduled engagement; and Now Therefore Be It Resolved That: The Common Council approves the excuse of Council Member Beverly A. Gray from attendance at the April 17, 2001, Common Council Meeting. ADOPTED By: Mrs. LoTempio NO. 202 HOME RULE MESSAGE - S. 1092; A.2149: SALE OF BONDS AND NOTES BY CITY OF BUFFALO Whereas: Senate Bill S.1092 and Assembly Bill A.2149, "An act to amend. Local finance law, in relation to the sale of bonds and notes of the City of Buffalo, has been introduced in the New York State Legislature "; and Whereas: The purpose of this Bill is to extend for one year a funding mechanism used by the city for projects requiring immediate attention; and Whereas: This Act amends Section 54.30 of the Local Finance Law to extend the provisions of this section from June 30, 2001 to June 30, 2002; Now, Therefore, Be It Resolved: That the City of Buffalo hereby requests the enactment into law of Senate Bill S.1092 and Assembly Bill A.2149, "An Act to amend local finance law, in relation to the sale of bonds and notes of the City 9f Buffalo"; and Be It Further Resolved: That the City Clerk is hereby authorized and directed to certify passage of this resolution and to send copies thereof to the Home Rule Counsel of the Senate and the Assembly and to the members of the Western New York delegation of the State Legislature. ADOPTED NO. 203 BY: MRS. LOTEMPIO CITY OF BUFFALO LOCAL LAW NO. _ (2001) INTRODUCTORY NO. 4 (2001) A LOCAL LAW amending Article Eighteen of the Charter of the City of Buffalo in relation to the Joint Schools Construction Board BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article Eighteen of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended to read as follows: 18-59. Joint Schools Construction Board. (a) There is hereby established a joint cooperative board, as agreed upon between the Buffalo board of education and the city of Buffalo, to be known as the "Joint Schools Construction Board" ("JSC Board"). (b) The JSC board shall be managed and administered by the following board composition: two (2)board of education designees, the superintendent of schools, the mayor, a common council designee, the comptroller and the New York State regent for the eighth district. Page 86 01-0417ss0406.txt (c) The JSC board shall appoint a chairperson by majority vote of its membership. (d) The JSC board shall provide for the holding of regular meetings and such special meetings at the call of the chairperson, as may be necessary. A majority of the whole number of the JSC board members shall constitute a quorum for the transaction of business. The powers of the JSC board shall be vested in and exercised by a majority of the whole number of the members thereof (e) Members of the JSC board shall receive no compensation for their services. 18-60. Powers and Duties of the JSC Board. (a) The primary function of the JSC board shall be to enforce and implement the agreement, "Resolution: Joint Schools Construction Board," passed by the Buffalo board of education and the city of Buffalo's common council and the provisions of other relevant agreements and resolutions executed or passed by the Buffalo board of education and the city of Buffalo's common council. (b) The JSC board shall utilize Buffalo board of education and city of Buffalo resources (i.e. staff, city's master plan, etc.) to the fullest extent possible to expedite the reconstruction of existing facilities pursuant to a plan and schedule established by the board of education and the construction of new facilities and to collaboratively seek funds, services and comprehensive development proposals from outside agencies, educational institutions, etc. (1) The JSC board shall have access to each municipal corporation's resources, including but not limited to the corporation counsel's office, professional and technical assistance by planning experts, engineers, architects and any other staff as may be necessary, and the use of each municipal corporation's premises, personnel, equipment and personal property. (c) The JSC board shall be responsible for scheduling the use of the new school facilities pursuant to the agreement entered into between the Buffalo board of education and the city of Buffalo. (d) The JSC board shall consistently manage and administer its power and duties in accordance with the agreement ("Resolution: Joint Schools Construction Board") entered into between the Buffalo board of education and the city of Buffalo, and with the following premise: that the primary purpose of the new facilities built by the JSC board will be education; however, these sites will also serve multiple purposes including but not limited to education, community based services and stand alone facilities. (e) The JSC board may enter into contracts on behalf of the Buffalo public schools and the city of Buffalo for the construction of the new educational facilities in accordance with applicable state and local law. The JSC board shall solicit proposals and bids and award contracts for the erection of the new facilities. (f) The JSC board shall exercise such other and further powers and duties as may be conferred upon it by State law or by agreement of the board of education and the city of Buffalo. 18-61. Period of Time. (a) The Buffalo board of education and the city of Buffalo authorize the JSC board to facilitate this collaboration between the municipal corporations for a period that shall [last three (3) years from its creation] continue until Page 87 01-0417ss0406.txt December 31, 2010, or until the completing of any JSC board construction or reconstruction project that remains incomplete on that date. (b) Renewal of this collaboration shall be by appropriate action of both municipal corporations. In the event that there is no renewal, the JSC board shall be dissolved and the custody and control of the new educational facilities shall revert to the Buffalo board of education. Section 2. This local law shall take effect immediately. IT IS HEREBY CERTEFIED, pursuant to Section 20 of the Municipal Home Rule Law that the immediate passage of this Local Law is necessary. Note: Matter in brackets [] to be deleted; matter under-lined is new. PASSED AYES -12 NOES - 0 NO. 204 BY: MRS. LOTEMPIO CITY OF BUFFALO LOCAL LAW NO. _ (2001) INTRODUCTORY NO. 5 (2001) A LOCAL LAW amending Article 6 of the Charter of the City of Buffalo in relation to the boundaries of empire zones. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article Six of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: (a) By amending Section 6-14 to read as follows: Sec. 6-14. Empire Zones. (1) The Mayor is hereby authorized and empowered to submit an application for designation of certain areas within the City of Buffalo as an Empire Zone; provided, however, that such authorization and empowerment shall be conditioned upon the prior concurrence with respect to such application of the Common Council. (2) The boundaries of the designated areas shall be defined as that part of the city of Buffalo [bounded by a line described as follows: last set forth in the Empire Zone Map and Schedule, which is attached hereto and made a -part hereof. [SUB ZONE 1: PORTIONS OF CENSUS TRACTS (C.T.) 500, 12.00, 13.01, 14.01, 14.02, 16.00, 18.00, 19.00, 20.00, 25.01, 27.01, 28.00, 31.00, 35.00, 68.00, 71.01, 71.02, 72.01, 72.02, and Census Tract 3, Block 901 and Block 133 and more fully described as follows: Beginning at the point of intersection of center line of Lakefront Boulevard with La Riviere Drive and running thence southeasterly and along the center line of Lakefront Boulevard to the northerly line of Erie Street; thence southwest and southerly and along the northerly line of Erie Street to the center line of Wilkenson Way; thence northwesterly and along the center line of Wilkenson Way to the center line of La Riviere Drive; thence southwesterly along the center line of La Riviere Drive to the southeasterly extension of the southwesterly line of Sub Lot 3 of Map filed in Cover 2432; thence northwesterly and northeasterly along the boundary of Sub Lot 3 to the northerly most comer of Sub Lot 3; thence northeasterly and along the northwest line of Sub Lot 4, Cover 2432 to its intersection with the southwest line of Sub Lot 5, Cover 2432; thence Page 88 01-0417ss0406.txt northwesterly and along the southwesterly line of Sub Lot 5 to the southeast line of Waterfront Circle; thence northeast along the southeast line of Waterfront Circle to the northeasterly most comer of Sub Lot 5; thence southeasterly and along the northeast line of Sub Lots 4 and 5 and its extension to the center line of La Riviere Drive; thence northeasterly through and across the Niagara Section of the New York State Thruway to the intersection of the easterly boundary line of the New York State Thruway with the southerly line of Charles Street; thence northeasterly and along the southerly line of Charles Street to the center line of The Terrace; thence southeasterly along the center line of The Terrace to the center line of Swan Street; thence easterly and along the center line of Swan Street to the center line of Pearl Street; Thence northerly along the center line of Pearl Street; thence northerly along the center line of Pearl Street to the center line of Huron Street; thence westerly along the center line of Huron Street to its intersection with the southerly extension of the westerly boundary line of the parcel identified by SBL No. 111.37-4-9; thence northerly and easterly along the boundary of SBL No. 111.37-4-9 and across Franklin Street and continuing easterly, and southerly along the northerly and easterly boundary of that parcel identified as SBL No. 111.46-1-9 and its southerly extension to the center line of Huron Street; Thence easterly and along the center line of Huron Street to the center line of Pearl Street; thence northerly along the center line of Pearl Street to the center line of West Tupper Street; Thence easterly and along the center line of West Tupper Street and East Tupper Street to Washington Street, thence southerly and along the center line of Washington Street to the center line of Swan Street; thence easterly and along the center line of Swan Street to the center line of Oak Street; thence northerly and along the center line of Oak Street to the center line of Eagle Street; thence easterly and along the center line of Eagle Street to the center line of Michigan Avenue; thence northerly and along the center line of Michigan Avenue to a point of intersection with the easterly extension of the southerly line of a parcel of land identified as SBL No. 11.55-83. Thence westerly and southerly along the southerly and easterly boundaries of those parcels identified by SBL Nos. 111.55-8-3 and 111.55-8- 10, to the northerly line of Clinton Street, thence westerly along the northerly line of Clinton Street to the easterly line of Elm Street, thence northerly along the easterly line of Elm Street to the southerly line of William Street, thence easterly along the southerly line of William Street to the center line of Michigan Avenue; thence northerly along the center line of Michigan Avenue to a point in the northwesterly line of Genesee Street, extended across Michigan Avenue, thence southwesterly and along the northwesterly line of Genesee Street and its extension to a point thirty-five (35.0) feet southwest of the intersection of the northwesterly line of Genesee Street with the westerly line of Michigan Avenue; thence northwesterly and at right angles to Genesee Street one hundred eighty-three and ninety hundredths (183.90) feet, to a point; thence northerly and at an interior angle 137 degrees 38 minutes, 46 seconds a distance of sixty-four and fifty hundredths (64.50) feet, to a point; thence northeasterly and at an interior angle of 135 degrees, 52 minutes, 39 seconds a distance of Page 89 01-0417ss0406.txt forty-nine and seventy-two hundredths (49.72) feet to a point; thence easterly and at right angles to Michigan Avenue a distance of three and sixty-hundredths (3.60) feet to a point; thence northerly and parallel to Michigan Avenue a distance of one hundred sixty-five and ninety-nine hundredths (165.99) feet, to a point; thence northeasterly and along a line forming an interior angle of 139 degrees, 12 minutes 27 seconds a distance of forty-five and eighty-five hundredths (45.85) feet, to a point; thence easterly on a direct line through a point in the westerly line of Michigan Avenue, said point being four hundred eleven (411.00) feet north of the northwesterly line of Genesee Street, to a point in the center line of Michigan Avenue; thence northerly along the center line of Michigan Avenue to the center line of East Tupper Street; Thence westerly and along the center line of East Tupper Street to the center line of Elm Street; thence southerly and along the center line of Elm Street to the center line of Genesee Street; thence southwesterly and along the center line of Genesee Street to the center line of North Oak Street; Thence northerly along the center line of North Oak Street to the center line of Goodell Street; thence westerly along the center line of Goodell Street to its intersection with the westerly line of a parcel identified as SBL No. 111.31-11-2; thence southerly easterly northerly and westerly completely around the boundaries of SBL No. 111. 3 1-11-2 to a point in the center line of Goodell Street; Thence westerly along the center line of Goodell Street to the center line of Ellicott Street; Thence southerly and along the center line of Ellicott Street to its intersection with the westerly extension of the northerly line of that parcel identified as SBL No. 111.31-7-3; thence, easterly, southerly and westerly along the boundaries of SBL No. 111.31-7-3 to the center line of Ellicott Street; thence southerly along the center line of Ellicott Street to the center line of East Tupper Street; thence westerly along the center line of East Tupper Street to its intersection with the southerly extension of the easterly line of that parcel identified by SBL No. 111.31-7-2; thence northerly and westerly along the easterly and northerly boundaries of SBL No. 111.31-7-2 to its intersection with the center line of Washington Street; thence southerly along the center li~7f Washington Street to the center line of East Tupper Street. Thence westerly along the center line of East Tupper Street to the Center line of Main Street; thence northerly along the center line of Main Street to the center line of Goodell Street; Thence easterly along the center line of Goodell Street to the center line of Washington Street; thence northerly along the center line of Washington Street to the center line of Burton Street; thence westerly along the center line of Burton Street to the center line of Main Street, thence northerly along the center line of Main Street to the center line of Virginia Street; Thence easterly along the center line of Virginia Street to its intersection with the southerly extension of the easterly line of the parcel identified by SBL No. 112-23-1-4; thence northerly and westerly along the easterly and northerly boundary of SBL No. 112-23-1-4 to its intersection with the center line of Main Street; thence northerly and along the center line of Main Street to the center line of Goodrich Street; thence easterly along the center line of Goodrich Street to the center line of Ellicott Street; thence southerly Page 90 01-0417ss0406.txt along the center line of Ellicott Street to the center line of High Street; thence westerly along the center line of High Street to the center line of Washington Street; thence southerly along the center line of Washington Street to its intersection with the westerly extension of the southerly line of the parcel identified by SBL No. 100.79-4-3; thence easterly along the southerly and easterly line of SBL No. 100.79-4-3 and the southerly line of SBL No. 100-79-4-2 and its extension to the center line of Ellicott Street; thence southerly along the center line of Ellicott Street to the center line of Virginia Street; thence westerly along the center line of Virginia Street to the center line of Main Street; thence southerly along the center line of Main Street to its intersection with the easterly extension of the northerly line of St. Louis Roman Catholic Church property which is identified by SBL No. 111.22-9-22; thence Westerly and southerly along the northerly and westerly boundaries of SBL No. I 11. 22-9-22 to the center line of Edward Street; thence westerly along the center line of Edward Street to the center line of Franklin Street; thence northerly to its intersection with the easterly extension of the northerly line of parcel identified by SBL No. 111.22-9-12; thence westerly and southerly along the northerly and westerly boundaries of SBL-I 11.22-9-12 to the center line of Edward Street. Thence westerly along the center line of Edward Street to the center line of Virginia Street; thence southwesterly along the center line of Virginia Street to the center line of Keep Alley; thence northwesterly and southwesterly along the center line of Keep Alley to the Center line of West Tupper Street; thence northwesterly along the center line of West Tupper Street to the center line of Maryland Street; thence southwesterly along the center line of Maryland Street to the center line of Niagara Street; thence northwesterly along the center line of Niagara Street to its intersection with the northeasterly extension of the northwesterly line of the Holy Cross Roman Catholic Church property identified by SBL No. 110.35-5-4; thence southwesterly and northwesterly along the northwesterly and northeasterly lines of SBL Nos. 110.35-5-4 and 110.3 5-5-2 to the center line of Seventh Street; Thence northwesterly along the center line of Seventh Street to the center line of Hudson Street; thence northeasterly along the center line of Hudson Street to the center line of Prospect Avenue; thence southeasterly along the center line of Prospect Avenue to the rear property line of those parcels fronting on the northwesterly side of Maryland Street; thence northeasterly along the rear property line of all those properties fronting on the northwest side of Maryland Street (except parcel identified by SBL No. 110.28-3-8) of Malta Place: Thence easterly along the northerly line of Malta Place to a point in said northerly line 73.35 feet west of the westerly line of Maryland Street as measured along the northerly line of Malta Place; thence northerly at right angles to Malta Place to its intersection with the center line of Cottage Street to its intersection with the center line of Virginia Street; thence easterly along the center line of Virginia Street to its intersection with the northerly extension of the westerly line of the parcel identified by SBL No. 111.22-1-90; thence southerly, westerly, easterly and northerly around the boundaries of those parcels identified by SBL Nos. 111.22-1-90 and 111.22-1-51 to the center line of Virginia Street; thence easterly along the center line of Virginia Page 91 01-0417ss0406.txt Street to the center line of Ellicott Street; thence southerly along the center line of Ellicott Street to the center line of Goodell Street; thence easterly along the center line of Goodell Street to the center line of Oak Street; thence southerly along the center line of Oak Street to its intersection with the westerly extension of the southerly line of the parcel identified by SBL No. 111. 8 100010001100; thence easterly and along the southerly line of SBL No. 111.3 100010001100 to its intersection with the center line of Elm Street; thence northerly along the center line of Elm Street to the center line of Goodell Street; thence easterly along the center line of Goodell Street to the center line of Mulberry Street extended southerly ;thence southerly along the southerly extension of Mulberry Street to its intersection with Genesee Street; thence southwesterly along the center line of Genesee Street to the center line of Jefferson Avenue; thence southerly along the center line of Jefferson Avenue to the center line of Sycamore Street; thence northeasterly along the center line of Sycamore Street to the center line of Beckwith Street; thence easterly along the center line of Beckwith Street to the center line of Madison Street; thence southerly along the center line of Madison Street to its intersection with the easterly extension of the southerly line of the parcel identified by SBL No. 111.42-1-20; thence westerly and along the southerly line of the parcel identified by SBL No. 111.42-1-20 and the extension of said southerly line to its intersection with the center line of Jefferson Avenue; thence southerly and along the center line of Jefferson Avenue to the center line of Matthews Street; thence southwesterly along the center line of Matthews Street to its intersection with the northerly extension of the westerly line of that parcel identified by SBL No. 111.41-4-13; thence southerly and easterly along the westerly and southerly boundaries of SBL parcel Nos. 111.41-4-13 and 111.41-4-14 to the center line of Jefferson Avenue; thence southerly along the center line of Jefferson Avenue to the center line of Broadway. Thence easterly along the center line of Broadway to the center line of Lathrop Street; thence northerly along the center line of Lathrop Street to the center line of Walden Avenue; thence easterly along the center line of Walden Avenue to the center line of Roetzer Street; thence northerly along the center line of Roetzer Street to the center line of Genesee Street; thence southwesterly along the center line of Genesee Street to the center line of Louisen Street; thence northerly along the center line of Louisen Street to the center line of Northampton Street; thence westerly along the center line of Northampton Street to the center line of Kehr Street; thence northerly along the center line of Kehr Street to the center line of French Street; Thence easterly and along the center line of French Street to the center line of the former Penn Central Railroad right-of-way; thence southerly along the center line of the former Penn Central right-of-way to the center line of Urban Street; thence easterly along the center line of Urban Street to the center line of Barthel Street; thence southerly along the center line of Barthel Street to the center line of Genesee Street; thence southwesterly along the center line of Genesee Street to the center line of the fori-ner Penn Central Railroad right-of-way; thence southerly along the center line of the former Penn Central right-of-way to the northerly line of Broadway; Thence easterly along the northerly line of Broadway to the Page 92 01-0417ss0406.txt southwest comer of that land parcel identified as SBL No. 112.2200003 004100; thence northerly and along the westerly and northwesterly line of SBL No. 112.2200003004 100; and 112.2200003024000 to the northerly most comer thereof; thence southerly and along SBL No. 112.2200003 024000; and SBL No. 112.220000301700 (including the portion of said parcel extended into Sehmarbeck Street) to the northwesterly comer of SBL No. 112.2200003010100; thence easterly and along the northerly line of said parcel across Schmarbeck Street and along the northerly line of parcels SBL No. 112.2200004019000 and parcel No. 112.2200009018000 to the midway line between Schmarbeck Street and Rommel Street; thence northerly and along said midway line to the northerly line of SBL Parcel No. 1112.2200004017000; thence easterly and southerly along said parcel to the north line of Broadway; thence easterly along the north line of Broadway to the southwest comer of the SBL parcel 112.22000040150000; thence northerly and easterly along said parcel and the easterly extension of the north line of said parcel to the center line of Rommel Street; thence southerly and along the center line of Rommel Street to the center line of Broadway; thence westerly along the center line of Broadway to its intersection with the center line of Memorial Drive; thence along the center line of Memorial Drive to the rear property line of those properties fronting on the southerly side of Broadway; thence westerly along the rear line of those properties fronting on the southerly side of Broadway to the westerly line of Clark Street; thence southerly along the westerly line of Clark Street to a point in the west line of Clark Street 248.89 feet south of the southerly line of Kent Street; thence westerly and parallel to Kent Street to the center line of Lombard Street; thence southerly along the center line of Lombard Street to the rear line of the lands of the Broadway Market; thence westerly and along the rear line of the Broadway Market and its westerly extension to the mid-way line between Gibson Street and Fillmore Avenue; thence southerly along said mid-way line to the southeast comer of the parcel formerly known as Police Station No. 3; thence westerly along the southerly line of the former Police Station No. 3 parcel and its westerly extension to the center line of Fillmore Avenue; thence southerly along the center line of Fillmore Avenue to the center line of Paderewski Drive. Thence westerly along the center line of Paderewski Drive to the center line of Wilson Street; thence northerly along the center line of Wilson Street to the rear property line of those parcels fronting on the south side of Broadway; thence westerly along the rear property line of those properties fronting on the south side of Broadway to the center line of Emslie Street; thence northerly to the southerly line of Broadway; thence westerly along the southerly line of Broadway to the center line of Watson Street; thence southerly along the center line of Watson Street to the rear property line of those parcels fronting on the south side of Broadway; thence westerly along the rear property lines of those properties fronting on the south side of Broadway to a point 27.0 feet west of Adams Street; thence northerly and parallel to Adams Street to the southerly line of Broadway; thence westerly along the southerly line of Broadway to the center line of Monroe Street; thence southerly along the center line of Monroe Street to the rear property line of those parcels fronting on the south side of Broadway; thence Page 93 01-0417ss0406.txt westerly along the rear property line of those properties fronting on the south side of Broadway to the mid-way line between Madison Street and Jefferson Avenue; thence southerly along the mid-way line across Peckham Street to a point 120 feet south of the southerly line of Peckham Street; thence westerly parallel to Peckham Street to a point in the center line of Jefferson Avenue; thence northerly along the center line of Jefferson Avenue to the center line of Peckham Street; thence westerly along the center line of Peckham Street to the center line of Mortimer Street; thence northerly along the center line of Mortimer Street to the center line of Hollister Street; thence westerly along the center line of Hollister Street to the center line of Spring Street; thence southeasterly along the center line of Spring Street to the rear property line of those parcels fronting on the north side of William Street; thence easterly along the rear property line of those parcels fronting on the north side of William Street to the center line of Emslie Street; thence southerly along the center line of Emslie Street to the northerly line of William Street; thence easterly along the northerly line of William Street to the center line of Kettner Street; thence northerly along the center line of Kettner Street to the rear property line of those parcels fronting on the northerly side of William Street; thence easterly along the rear property line of those parcels fronting on the north side of William Street to the center line of Smith Street; thence southerly along the center line of Smith Street to the center line of William Street; thence northeasterly along the southeasterly line of Memorial Drive to the southeasterly line of Curtiss Street; thence northeasterly along the southeasterly line of Curtiss Street to it s easterly, terminus at the former New York Central parcel; thence northwesterly across Curtiss Street to the north westerly line of Curtiss Street; thence southwesterly along the northwesterly line of Curtiss Street to the southeasterly line of Memorial Drive; thence northeasterly along the southeasterly line of Memorial Drive to the southerly line of Paderewski Drive; thence easterly and along the southerly line of Paderewski Drive to its easterly terminus; thence northerly across Paderewski Drive to the northerly line of Paderewski Drive; thence westerly along the northerly line of Paderewski Drive to its intersection with the westerly line of that parcel known as New York Central Terminal and identified by SBL No. 112.09- 1 - 1. 1; thence northeasterly, easterly and northerly along the westerly and northerly boundaries of SBL No. 112.09-1 - 1.1 to the westerly right-of-way line of the former Penn Central Road; thence southwesterly along the westerly right-of-way line of the former Penn Central Railroad right-of-way to the center line of William Street; thence westerly along the center line of William Street to the center line of Jefferson Avenue; thence southerly along the center line of Jefferson Avenue to its intersection with the easterly extension of the center line of McNeely Drive; thence westerly along the center line of McNeely Drive and its extension to the center line of Hickory Street; thence northerly along the center line of Hickory Street to the center line of William Street; thence westerly along the center line of William Street to the center line of Durham Street; thence southerly along the center line of Durham Street to the center line of Clinton Street; thence westerly along the center line of Clinton Street to the center line of Pine Street; thence northerly along the center line of Pine Street to the center line of Milnor Street to the center line of Broadway; Page 94 01-0417ss0406.txt thence southwesterly along the center line of Broadway to the center line of Nash Street; thence southeasterly along the center line of Nash Street to the center line of William Street; thence westerly along the center line of William Street to the center line of Michigan Avenue; thence southerly along the center line of Michigan Avenue to the center line of Eagle Street; thence easterly along the center line of Eagle Street to the center line of Pine Street; thence southerly along the center line of Pine Street to the center line of South Division Street; thence westerly along the center line of South Division Street to the northerly extension of the westerly line of that parcel identified by SBL No. I 11. 71-2-7; thence southerly along the westerly line of SBL No. 111. 71-2-7 to the center line of Swan Street; thence easterly along the center line of Swan Street to the northerly extension of the westerly line of that parcel identified by SBL No. 111.71-4-27. 1; thence southerly along the westerly line of SBL No. 111.71-4-27.1 to the center line of Myrtle Avenue; thence easterly along the center line of Myrtle Avenue to the center line of Chicago Street; thence northerly along the center line of Chicago Street to the center line of Swan Street; thence easterly along the center line of Swan Street to the center line of Hamburg Street; thence northerly and northeasterly along the center line of Hamburg Street to the center line of Jefferson Avenue; thence southerly along the center line of Jefferson Avenue to the center line of Myrtle Avenue; thence westerly along the center line of Myrtle Avenue to the center line of Hamburg Street; Thence southerly along the center line of Hamburg Street to the center line of Seneca Street; thence easterly along the center line of Seneca Street to the center line of Fillmore Avenue; thence northerly along the center line of Fillmore Avenue to the center line of Hardwood Place; thence easterly along the center line of Hardwood Place to the center line of Dillon Street; thence northerly and westerly along the center line of Dillon Street to the center line of Fillmore Avenue; thence northeasterly and along the center line of Fillmore Avenue to its intersection with the easterly extension of the southerly line of South Division Street; thence westerly and along the southerly line of South Division Street to the center line of Cornelia Street; Thence southwesterly along the center line of Comelia Street to the center line of Smith Street; thence northerly along the center line of Smith Street to the southerly right-of-way line of the former Pennsylvania Railroad north of South Division Street; thence easterly along the southerly right-of-way line of the former Pennsylvania Railroad to the northwesterly line of Fillmore Avenue; thence northeasterly along the northwesterly line of Fillmore Avenue to the northerly right-of-way line of the former Pennsylvania Railroad; thence westerly along the northerly rightof-way line of the former Pennsylvania Railroad to the easterly line of Smith Street; thence northerly and along the easterly line of Smith Street to the northwesterly comer of a parcel of land identified as SBL No. 111.8300005014100; thence easterly and along the northerly line of SBL parcel No. 111.8300005014100 and its easterly extension to the easterly line of Fillmore Avenue; thence southwesterly and along the easterly line of Fillmore Avenue to the center line of the former Pennsylvania Railroad right-of-way to its intersection with the westerly right-of-way line of former Norfolk and Western Railroad; thence northeasterly along Page 95 01-0417ss0406.txt the northwesterly rightof-way line of the Norfolk and Western Railroad to the southerly most comer of a land parcel identified as SBL No. 112.7700004001000; thence westerly and northerly along the southerly and westerly line of SBL No. 112.770000400 1000 to the center line of Clinton Street; thence southeasterly along the center line of Clinton Street to the northeasterly extension of the easterly line of that parcel identified as SBL No. 123.2100001003000; thence southwesterly, westerly, northerly and northeasterly around the boundaries of SBL No. 123.2100001003 000 to the center line of Clinton Street; thence northwesterly along the center line of Clinton Street to its intersection with the center line of the Norfolk & Western Railroad; thence southwesterly along the center line of the Norfolk and Western Railroad to the center line of the right-of-way of the former Pennsylvania Railroad right-of-way; thence easterly and along the center line of the former Pennsylvania Railroad right-of-way to the center line of the right-of-way of the former Erie-Lackawanna Railroad; thence southwesterly along the center line of the former ErieLackawanna Railroad right-of-way to the northerly line of Seneca Street; thence southeasterly and along the northeasterly line of Seneca Street and including those parcels fronting on the northeasterly line of Seneca Street and identified as SBL parcel numbers: 123.2900002010000 123.2900003022000 123.3700004025000 123.3700006023100 123.3700006027000 123.3800001009000 123.3800001006100 123.3800002027000 123.3800002026000 123.3800002025000 123.3800002024000 123.3800003001600 and including the parcel owned by Precision Millwork 297 Babcock Street SBL No. 123.29000030001000 to the easterly line of Hayes Street; thence northerly along the easterly line of Hayes Street to the northerly line of former Bayard Street; thence westerly and along the northerly line of former Bayard Street to the westerly most comer of the land parcel identified as SBL No. 123.090000400200; thence northerly and easterly along the boundaries of SBL parcel No. 123.090000400200 and SBL parcel No. 123.0900004006000 to the westerly line of Bailey Avenue; thence northerly and along the westerly line of Bailey Avenue to the southeast comer of land parcel identified as SBL No. 123. 1000001001100; thence westerly, northerly, easterly and southerly around the boundary SBL parcel No. 1123. 1000001001100 to a point in the westerly line of Bailey Avenue 10 feet north of the northerly right-of-way line of the former Pennsylvania Railroad; thence easterly and at right angles to Bailey Avenue to a point in the easterly line of Bailey Avenue; thence northerly and along the easterly line of Bailey Avenue to a point 3 10 feet + south of the south line of Clinton Street; thence westerly at right angles across Bailey Avenue to a point in the westerly line of Bailey Avenue; thence northerly and along the westerly line of Bailey Avenue to the southerly line of Clinton Street; thence westerly along the southerly line of Clinton Street to the midway line between Kirkover Street and Hobart Street and including all those parcels identified as Page 96 01-0417ss0406.txt SBL Nos. 123.0600002007000; 123.0600002006000; 123.0600002004000; 123.0600002003000 and 123.0600002002000; thence northerly and at right angles at Clinton Street to a point in the north line of Clinton Street which is the southwest comer of SBL parcel No. 123.23000010 10100; thence northerly, easterly, southerly and easterly around the parcel boundaries of SBL Nos. 123.2300001010100; 123.0600001015 110 and 123.0600001014 100 to a point in the westerly line of Bailey Avenue; thence southerly and along the west line of Bailey Avenue to the south line of Clinton Street; thence easterly and along the south line of Clinton Street to the west line of Roberts Avenue; thence southerly and along the west line of Roberts Avenue to the south line of former Roesser Avenue; thence easterly and along the south line of Roesser Avenue to the east line of Kelburn Street; thence northerly along the east line of Kelburn Street to the northwest comer of land parcel SBL No. 123.1000002016000; thence easterly and along the north line of SBL No. 123.10000020116000 to a point in the west line of Houghton Park; thence southerly along the west line of Houghton Park to the northerly right-of-way line of the former Pennsylvania Railroad; thence northeasterly and along the northerly right-of-way line of the former Pennsylvania Railroad to its intersection with the southerly boundary line of the Niagara Section of the New York State Thruway: Thence southwesterly and along the southerly boundary of the New York State Thruway to the center line of Bailey Avenue; thence northerly and along the center line of Bailey Avenue to its intersection with the northerly boundary of the New York State Thruway; thence southwesterly and along the northerly line of the New York State Thruway to its intersection with the south line of Seneca Street; thence northwesterly and along the south line of Seneca Street to its intersection with the center line of Walter Street including those parcels fronting on the south line of Seneca Street and identified by SBL numbers as: 122.3600004001000 2000 3000 4000 5000 6000 7000 337.0001001000 123.3700003001000 123.3700003003000 8000 123.3700004001000 and123.7000005008000 Thence southerly along the center line of Walter Street to the center line of Perry Street; thence around the boundaries of those parcels identified as SBL Nos. 122.1200001003000, 122.1200001007100, 1221200001008000, 122.1200001007200, 122.1200001009100, 122.120000103 3 100 and 122.1600001009000 to the intersection of the center line of South Park Avenue with the northwesterly dock line of the Buffalo River; thence southeasterly across the Buffalo River along the center line of South Park Avenue to the southeasterly dock line of the Buffalo River. Thence northerly and easterly to its intersection with the center line of the Erie-Lackawanna Railroad; running thence Page 97 01-0417ss0406.txt southwesterly along the center line of the Erie-Lackawanna Railroad to its intersection with the center line of South Park Avenue to its intersection with New Abby Street; running thence southwesterly and southerly along the center line of New Abby Street and Abby Street to its intersection with the easterly extension of the northerly line of the parcel of land known as SBL No. 132.08-1-6; running thence westerly and southwesterly along the southerly line of the above described parcel to its intersection with the former Erie Railroad right-of-way; running thence northerly along the westerly line of the former Erie Railroad rightof-way to its intersection with the southwesterly line of that parcel identified by SBL No. 122.201-233; thence northeast and northwest along the boundaries of SBL Nos. 122.20-1-233 and 122.16-1-81 to the easterly dock line of the Buffalo River; thence easterly and northerly along the dock line of the Buffalo River to the point of center line of South Park Avenue. Thence northwesterly along the center line of South Park Avenue to the center line of Lee Street; thence northerly along the center line of Lee Street to the center line of Elk Street; thence easterly along the center line of Elk Street to the center line of Walter Street; thence northerly along the center line of Walter Street to the center line of Seneca Street; thence northwesterly along the center line of Seneca Street to its intersection with the center line of the right-of-way of the Erie Lackawanna Railroad. Thence southwesterly along the center line of the Erie-Lackawanna Railroad right-of-way to its intersection with the center line of Exchange Street; thence westerly along the center line of Exchange Street to the center line of Van Rensselaer Street; thence southerly along the center line of Van Rensselaer Street to the center line of Perry Street; thence easterly along the center line of Perry Street to the center line of the Erie-Lackawanna Railroad right-of-way; thence southwesterly and along the center line of the Erie-Lackawanna Railroad right-of-way to the center line of Fulton Street; thence westerly along the center line of Fulton Street to the center line of Van Rensselaer Street; thence southerly along the center line of Van Rensselaer Street to the center line of South Park Avenue; thence westerly along the center line of South Park Avenue to the center line of Fitzgerald Street; thence southerly along the center line of Fitzgerald Street to the center line of Mackinaw Street; thence westerly along the center line of Mackinaw Street to the center line of Katherine Street; thence northerly along the center line of Katherine Street to the center line of South Park Avenue; thence westerly along the center line of South Park Avenue to the center line of Red Jacket Street; thence northerly along the center line of Red Jacket Street to the center line of Fulton Street; thence easterly along the center line of Fulton Street to the center line of the Penn Central Railroad right-of-way; thence northerly along the Penn Central Railroad right-of-way to the northerly boundary of the Niagara Section of the New York State Thruway; thence westerly along the northerly boundary of the New York State Thruway to the center line of Hamburg Street; thence northerly along the center line of Hamburg Street to the center line of the Penn Central Railroad right-of-way, thence westerly along the center line of the Penn Central Railroad right-of-way to the east line of Michigan Avenue; thence southerly along the east line of Michigan Avenue to the center line of Scott Street; thence easterly along the Page 98 01-0417ss0406.txt center line of Scott Street to the center line of West Market Street; thence southerly along the center line of West Market Street to the center line of Perry Street; thence westerly along the center line of Perry Street to the center line of Michigan Avenue; thence southerly along the center line of Michigan Avenue to the center line of South Park Avenue; thence westerly along the center line of South Park Avenue to the center line of Columbia Street; Thence northerly along the center line of Columbia Street to the center line of Perry Street, thence westerly along the center line of Perry Street to the center line of Mississippi Street; thence southerly along the center line of Mississippi Street to the center line of South Park Avenue; thence westerly along the center line of South Park Avenue to the center line of Illinois Street; thence northerly along the center line of Illinois Street to the center line of Perry Street; thence easterly along the center line of Perry Street to the center line of Columbia Street; thence northerly along the northerly extension of the center line of Columbia Street to the center line of Scott Street; thence easterly along the center line of Scott Street to the westerly line of Michigan Avenue; thence northerly along the westerly line of Michigan Avenue to the northerly line of Exchange Street; thence westerly along the northerly line of Exchange Street to the easterly line of lands acquired by the New York State Thruway for the Elm/Oak Interchange Project; thence northerly and northeasterly along the easterly line of the Elm/Oak Interchange to its intersection with the south line of Seneca Street; thence westerly along the south line of Seneca Street to the easterly line of Washington Street; thence northerly along the easterly line of Washington Street to the center line of Huron Street; thence easterly along the center line of Huron Street to the westerly line of Oak Street; thence northerly along the westerly line of Oak Street to the northerly line of the parcel identified by SBL No. 1114600005 013 100 (Old Editions Book Shop); thence westerly and southerly along the northerly and westerly lines of SBL No. 1114600005013 100 to the northerly line of Huron Street; thence westerly and along the northerly line of Huron Street to the easterly line of Washington Street; thence northerly along the easterly line of Washington Street to the center line of Tupper Street; thence westerly along the center line of Tupper Street to the center line of Washington Street; thence southerly along the center line of Washington Street to the center line of Perry Street; thence westerly along the center line of former Perry Street to the center line of Main Street; thence southerly along the center line of Main Street to the northerly dock line of the Buffalo River; thence northwesterly along the northerly dock line of the Buffalo River to the westerly boundary line of the so-called Inner Harbor Project; thence northerly and easterly along the boundary lines of the so-called Inner Harbor Project to the center line of Main Street; thence northerly and along the center line of Main Street to its intersection with the easterly extension of the line of the southerly face of the Memorial Auditorium; thence westerly, northerly and easterly along face of Memorial Auditorium and the easterly extension of the northerly face of the Auditorium to the center line of Main Street; thence northerly along the center line of Main Street to the center line of Seneca Street; thence westerly along the center line of Seneca Street to the center line of the Buffalo Skyway; thence northwesterly along the center line of the Buffalo Skyway to the center line of Eric Street; Page 99 01-0417ss0406.txt thence southwesterly along the center line of Erie Street to the center line of Lakefront Boulevard; running thence northwesterly along the center line of Lakefront Boulevard to the point or place of beginning. Excepting from the above described parcel, the following properties identified by SBL number and address as: SBL STREETSIDEHOUSE DIRECTIONNO 1115600003034000 BENNETT STEIII 1115600002030100 BENNETT ST114 1115600002029000 BENNETT STW122 1115600002027100 BENNETT STW124 1115600002025100 BENNETT STW130 1115600002065000 BENNETT STW134 1115600003042000 BENNETT STE135 1115600003043000 BENNETT STE139 1115600003063100 BENNETT STE141 1115600002021000 BENNETT STW142 1115600003063200 BENNETT STE145 1115600002020000 BENNETT STW146 1115600002019000 BENNETT STW148 1115600002018000 BENNETT STW150 1115600003048000 BENNETT STE153 1115600003049000 BENNETT STE155 1115600002017000 BENNETT STW156 1115600003062200 BENNETT STE157 1115600002016000 BENNETTSTW 160 1115600002015000BENNETTSTW162 1115600003062100BENNETTSTE163 1115600002014000BENNETTSTW166 1115600003054000BENNETTSTE169 1115600003055000BENNETTSTE171 1115600002011120BENNETTSTW172 1115600002011110BENNETTSTW176 1115600003061000BENNETT STE177 1115600002010000BENNETTSTW178 1115600003058000BENNETTSTE181 1115600002009000BENNETTSTW182 1115600002008000BENNETTSTW184 1115600003059000BENNETTSTE185 1115600002007000BENNETTSTW186 1115600003060000BENNETTSTE187 1115600004043000CEDARE233 1115600003017000CEDARw244 1115600003016000CEDARw246 1115600004068200CEDARE247 1115600004068120CEDARE251 1115600003013000CEDARw254 1115600004068110CEDARE257 1115600003012000CEDARw260 1115600004054000CEDARE261 1115600003010000CEDARw264 1115600003009000CEDARw274 1113300007029000EUREKAE15 1113300007030000EUREKAE19 1113300007031000EUREKAE23 1113300007032000EUREKAE25 1113300007033000EUREKAE27 1113300007034000EUREKAE31 1113300007035000EUREKAE33 1113300007036110EUREKA37 1113300007036120EUREKA43 Page 100 01-0417ss0406.txt 1113300007036130EUREKA49 1113300007036140EUREKA53 1113300007036150EUREKA57 1113300007036160EUREKA63 1113300007044000EUREKAE67 1114000003052000HICKORYw462 1114000003053000HICKORYw466 1114000004034000HICKORYE471 1114000003054000HICKORYw472 1114000004033000HICKORYE475 1114000003017000HICKORYw476 1114000004032000HICKORYE479 1114000004031000HICKORYE483 1114000003015000HICKORYw484 1114000004030000HICKORYE485 1114000004029000HICKORYE487 1114000003014000HICKORYw488 1114000004028000HICKORYE491 1114000003013000HICKORYw492 1114000003012000HICKORYw494 1114000003011000HICKORYw498 1114000004024000HICKORYE499 1114000003010000HICKORYw500 1114000004025000HICKORYE501 1114000003009000HICKORYw502 1114000003008000 HICKORYw504 1114000004026000 HICKORYE505 1114000003007000 HICKORYw510 1114000004027000 HICKORYE511 1114900004024110 MORTIMERE101 1114900004024120 MORTIMERE105 1114900004024130 MORTIMEREill 1114900004024140 MORTIMERE115 1114900004031100 MORTIMERE119 1114900004033000 MORTIMERE125 1114900004034000 MORTIMERE127 1114900004035000 MORTIMERE131 1114900004036110 MORTIMERE133 1114900004036120 MORTIMERE135 1117200003019000 MYRTLE213 1117200003020000 MYRTLE217 1117200003021000 MYRTLE223 1117200003022000 MYRTLE227 1117200003001100 MYRTLE233 1117200003002000 MYRTLES235 1115600002040000 PINE STE199 1115600001021000 PINE STW200 1115600002041000 PINE STE203 1115600001022000 PINE STW204 1115600002042000 PINE STE205 1115600001020000 PINE STW206 1115600002043000 PINE STE207 1115600001019000 PINE STW208 1115600001018000 PINE STW210 1115600002044000 PINE STE211 1115600001051100 PINE STW212 1115600002045000 PINE STE213 1115600002064320 PINE STE217 1115600001051200 PINE STW218 1115600001013000 PINE STW222 1115600002064310 PINE STE223 1115600001011100 PINE STw226 1115600002064220 PINE STE227 Page 101 01-0417ss0406.txt 1115600001009100 PINE STw230 1115600002064210 PINE STE231 1115600002064110 PINE STE235 1115600001007100 PINE STw236 1115600002064120 PINE STE237 1115600001006000 PINE STw240 1115600001005000 PINE STw244 1115600002055000 PINE STE245 1115600002056000 PINE STE247 1115600002059000 PINE STE255 1115600002060000 PINE STE257 1115600001057000 PINE STW258 1115600002061000 PINE STE259 1115600002062000 PINE STE261 1115600002063000 PINE STE263 1115600001056000 PINE STW266 1115600001055000 PINE STW272 1115600001054000 PINE STW278 1115600001053000 PINE STW286 1115600001058200 PINE ST288 1115600001052100 PINE ST296 1114900002004130 PRATTE295 1114000006022100 PRATTW328 1114100007051000 PRATTE333 1114000006046000 PRATTW340 1114000006017000 PRATTW348 1114000006016000 PRATTW352 1114100007050100PRATTE355 1114100007050200PRATTE357 1114000005032000PRATTE387 1114000004038000PRATT390 1114000005033000PRATTE391 1114000004039000PRATT396 1114000005034000PRATTE397 1114000004040000PRATT402 1114000004009111PRATTW406 1114000005035000PRATTE407 1114000005031000PRATTE413 1113200007014000PRATTE417 1113200007015000PRATTE419 1113200007016000PRATTE421 1113200007017000PRATTE425 1113200007018100PRATTE427 1113200007020000PRATTE431 1113200007021000PRATTE433 1113200007022000PRATTE441 1117200003018000SENECA390 1117200003017000SENECA394 1117200003016000SENECA400 1117200003015000SENECA404 1117200003014000SENECA410 1117200003011100SENECA412 1117200003010000SENECAN418 1114900006012100SPRING398 1114900006010100SPRING406 1114900003027100SPRING407 1114900006008100SPRING410 1114900006006100SPRINGw418 1114100007053200SPRINGw462 1114100007053100SPRINGw472 1114100007025000SPRINGw476 1114100007023000SPRINGw480 1114800003028000SPRUCEE11 Page 102 01-0417ss0406.txt 1114800002013000SPRUCEw12 1114800002012000SPRUCEw14 1114800003029000SPRUCEE15 1114800003030000SPRUCEE17 1114800003031000SPRUCEE19 1114800003032000SPRUCEE21 1114800003034000SPRUCEE23 1114800003033000SPRUCEE25 1114800003035000SPRUCEE27 1114800003036000SPRUCEE31 1114800003037000SPRUCEE33 1114800003038000SPRUCEE35 1114800003040000SPRUCEE43 1114800003041000SPRUCEE47 1114800003042000SPRUCEE49 1114800002011000SPRUCEw52 1114800003043000SPRUCEE53 1114800002009100SPRUCEw54 1114800003044000SPRUCEE55 1114800003045000SPRUCEE59 1114800002008000SPRUCEw60 1114800002007000SPRUCEW62 1114800003046000SPRUCEE63 1114800003005000SYCAMORES207 1114000002028000SYCAMOREN212 1114800003006100SYCAMORES213 1114000007014100SYCAMORES223 1114000007014200SYCAMORES229 1114000003027000SYCAMOREN232 1114000003026000SYCAMOREN236 1114000003025100SYCAMOREN242 1114000003051000SYCAMOREN244 1114000006041000SYCAMORES253 1114000006042000SYCAMORES255 1114000004035000SYCAMOREN256 1114000004036000SYCAMOREN258 1114000006005000SYCAMORES261 1114000006006000SYCAMORES263 1114000004017000SYCAMOREN264 1114000004037200SYCAMOREN266 1114000006007000SYCAMORES267 1114000004011110SYCAMORE272 1114000006008100SYCAMORE273 1114000006043000SYCAMORES285 1114000005015100SYCAMOREN306 1114100007008100SYCAMORES313 1115600005054200WALNUTE185 1115600005054100WALNUTE195 1115600005045100WALNUTE197 1115600005053000WALNUTE203 SUB-ZONE 2: Portions of census tracts 36, 39.01, 39.02, 40.01, 41 and 42 more fully described as follows: Beginning at a point in the center line of East Amherst Street at its intersection with the westerly line of the former Erie Railroad right-of-way; thence easterly along the center line of East Amherst Street to the center line of Clarence Avenue; thence southerly along the center line of Clarence Avenue to an angle point; thence southwesterly and parallel to Kensington Avenue 129 feet, plus or minus, to a point; thence southeasterly at right angles to Kensington Avenue 115 feet, plus or minus, to a point in the northerly line of Kensington Avenue and continuing thence southerly on said Page 103 01-0417ss0406.txt line extended to the center line of Kensington Avenue; thence northeasterly along the center line of Kensington Avenue to the center line of Northumberland Avenue; thence southerly along the center line of Northumberland Avenue to its intersection with the easterly extension of the northerly line of Subdivision Lot Number 5 of map cover 271; thence westerly at right angles to Northumberland Avenue to the northwest comer of Subdivision Lot Number 5; thence southerly along the rear line of Subdivision Lots Numbers 5 through 33 of cover 271 to the southwest comer of sublot 33; thence easterly along the southerly line of Subdivision Lot Number 33 to the center line of Northumberland Avenue; thence southerly along the center line of Northumberland Avenue and through and across the Kensington Expressway to the center line of former Warwick Avenue; thence westerly along the center line of former Warwick Avenue to the easterly right-of-way line of the former D L & W Railroad; thence southeasterly along the easterly right-of-way line of the former D L & W Railroad to its intersection with the center line of East Delavan Avenue; thence westerly along the center line of East Delavan Avenue to a point of intersection with the northwesterly extension of the southwesterly right-of-way line of the Niagara Mohawk Power Corporation by deed filed in Liber 5301 at page 44; thence southeasterly along the southwesterly and the westerly line of the right-of-way of the Niagara Mohawk Power Corporation right-of-way to its intersection with the northerly line of that parcel identified by SBL No. 101.24-1-5; thence easterly and along the northerly line of parcels identified by SBL Nos. 101.24-1-5, 101.24-1-4, 101.24-1-6, 101.24-1-7 and 101.24-1-8 to its intersection with the center line of the former D L & W Railroad right-of-way; thence northwesterly along the center line of the former D L & W Railroad right-of-way to its intersection with the center line of Barnett Place; thence easterly along the center line of Barnett Place to the center line of Bailey Avenue; thence southerly along the center line of Bailey Avenue to the center line of Northland Avenue; thence westerly along the center line of Northland Avenue to the center line of the former D L & W Railroad right-of-way; thence southeasterly along the center line of the former D L & W Railroad right-of-way to the center line of Scajaquada Street; thence southwesterly and westerly along the center line of Scajaquada Street to its intersection with the easterly line of that parcel identified by SBL No. 10 1.3 1 -1 - 1; thence southerly, westerly and northerly along the easterly, southerly and westerly boundary of SBL No. 10 1.3 1 - 1 -1 to the center line of Scaj aquada Street. Thence westerly along the center of Scajaquada Street to the center line of Comwall Avenue; thence northerly along the center line of Cornwall Avenue to the center line of East Delavan Avenue; thence easterly along the center line of East Delavan Avenue to the center line of Norfolk Avenue; thence northerly and along the center line of Norfolk Avenue to its intersection with the easterly extension of the northerly line of Subdivision Lot Number 89 as shown on map filed in Cover 274; thence westerly along the northerly line of Subdivision Lot 89 and Subdivision Lot 21 to the center line of Northumberland Avenue; thence northerly along the center line of Northumberland Avenue to the center line of Sussex Avenue; thence westerly along the center line of Sussex Avenue to the center line of Comwall Avenue; thence northerly along the center line of Cornwall Avenue to Page 104 01-0417ss0406.txt the center line of Pembroke Avenue. Thence east along the center line of Pembroke Avenue to the westerly line of the Erie Railroad right-of-way; thence northerly along the westerly line of the Erie Railroad right-of-way and across the Kensington Expressway to the center line of Warwick Avenue; running west along the center line of Warwick Avenue to a point 320 feet, plus or minus, east of the center line of Wyoming Avenue; thence north and at right angles to Warwick Avenue 140 feet, plus or minus, to a point; thence west parallel with Warwick Avenue 100 feet, plus or minus, to a point; thence northerly parallel with Wyoming Avenue 555 feet, plus or minus, to a point. Thence westerly and parallel with Warwick Avenue to the center line of Wyoming Avenue; thence northerly and along the center line of Wyoming Avenue to its intersection with the center line of Kensington Avenue; thence northeasterly along the center line of Kensington Avenue to its intersection with the westerly right-of-way line of the Erie Railroad; Thence northwesterly and along the westerly right-of-way line of the Erie Railroad to its intersection with the easterly extension of the southerly line of Central Park Avenue; thence westerly along southerly line of Central Park Avenue and its extension 1220 fee, plus or minus, to a point; thence northerly at right angles 470 feet, plus or minus, to a point; thence westerly parallel with Central Park Avenue 200 feet, plus or minus, to a point; thence northerly at right angles 330 feet, plus or minus, to a point; thence westerly parallel to Central Park Avenue to its intersection with the center line of Holden Avenue. Thence northerly and along the center line of Holden Avenue to its intersection with the center line of Rockwood Avenue; thence westerly along the center of Rockwood Avenue to its intersection with the center line of Fillmore Avenue; thence northerly along the center line of Fillmore Avenue to its intersection with the southeasterly line of Main Street; thence northeasterly along the southeasterly line of Main Street to the southwesterly line of the parcel identified by SBL No. 0892800007003 100 (Lifestylers Street Gear); thence southeasterly, southwesterly, southeasterly, northeasterly, northwesterly, westerly, southwesterly and northwesterly around the boundary lines of SBL No. 0892800007003 100 to the center line of Main Street; thence southwesterly and along the center line of Main Street to the easterly right-of-way line of the formerly Belt Line. Thence southerly along the easterly right-of-way line of the former Belt Line to the southerly line of Jewett Avenue; thence easterly along the south line of Jewett Avenue to the center line of Halbert Street; thence northerly along the center line of Halbert Street and its northerly extension to the southerly line of that parcel identified by SBL No. 089.3600006033 100. Thence easterly and northerly along the boundaries of 089.3 60000603 3 100 and northerly and northwesterly along the boundaries of SBL parcel No. 089.3600006036100 to a point in the southwesterly line of Main Street; thence northeasterly and along the southeasterly line of Main Street to the westerly most comer of SBL parcel No. 089.3600006002100; thence southeasterly, southerly and easterly along the SBL parcel No. 089.3 600006002 100 and its easterly extension to the center line of Fillmore Avenue; thence northerly and along the center line of Fillmore Avenue to the center line of Chalmers Avenue; thence easterly along the center line of Chalmers Avenue to its Page 105 01-0417ss0406.txt intersection with the center line of Holden Avenue; thence southerly and along the center line of Holden Avenue 90 feet, plus or minus, to a point; thence easterly along the south face of a masonry building 70 feet, plus or minus, to the comer of said building; thence northerly and along the east face of the masonry building to its comer; thence westerly and along the north face of the masonry building and its extension to the center line of Holden Avenue; thence northerly along the center line of Holden Avenue I 10 feet, plus or minus, to a point; running thence easterly and along the south face of a masonry building 1150 feet, plus or minus, to a point; running thence southerly and at right angles to Central Park Avenue 280 feet, plus or minus, running thence westerly and parallel to Central Park Avenue 700 feet to a point; running thence southerly at right angles to Central Park Avenue to its intersection with the center of Central Park Avenue; running thence easterly and along the center line of Central Park Avenue 425 feet to a point; running thence northerly at right angles to Central Park Avenue 260 feet to a point; running thence easterly parallel with Central Park Avenue 350 feet to a point; running thence southerly at right angles to Central Park Avenue to its intersection with the center line of Central Park Avenue; running thence easterly along the center line of Central Park Avenue to its intersection with the easterly line of Manhattan Avenue; running thence northerly along the easterly line of Manhattan Avenue 200 feet to a point; running thence easterly parallel with Central Park Avenue to its intersection with the south westerly line of Erie Railroad right-of-way; running thence northwesterly and along the southwesterly right-of-way of the Erie Railroad to the point of beginning. SUB-ZONE 3: Portion of census tract No. I and more particularly described as follows: Being all the land situate in lots 17 and 18 of the so-called Ogden Gore Tract that was conveyed by the Hanna Furnace Corporation to Jordan and Foster Scrap Corporation by deed dated July 8, 1983, filed in the Erie County Clerk's Office in deed liber 9240, at pages 523 to 538 and identified by SBL number 1321900001004000, EXCEPTING from said parcel the waters of the Union Ship Canal. SUB-ZONE 4: The boundaries of Sub-Zone 4 are as set forth in the Empire Zone Map and Schedule, which is attached hereto and made a part hereof.] (3) Pursuant to the requirements of Section 963 of the General Municipal Law, the Executive Vice President of the Buffalo Economic Renaissance Corporation shall serve as the Local Empire Zone Certification Officer of the City of Buffalo Empire Zone, and shall perform the following duty, to wit: certify, jointly with the New York State Commissioner of Economic Development and the New York State Commissioner of Labor, those business enterprises that are eligible to receive benefits referred to in Section 966 of the General Municipal Law, and any other applicable statutes. (4) Pursuant to Article 18-B of the General Municipal Law, a Local Empire Zone Administrative Board is hereby established to consist of eleven (11) members. [All] Nine appointments to the Board shall be made by the Mayor of the City of Buffalo, subject to approval of the Common Council. The appointments shall be for terms of three years except that three (3) of the original appointees shall be appointed to two (2) year Page 106 01-0417ss0406.txt terms. All subsequent new appointments and reappointments shall be for a term of three years. The members shall not include the Local Empire Zone Certification Officer, and shall include a representative of organized labor, financial institutions, local educational institutions, community organizations, two (2) local business representatives, two (2) residents of the Empire Zone and two (2) Common Council members chosen by the Common Council. The Chairperson of the Board shall be the President of the Buffalo Economic Renaissance Corporation. The Local Empire Zone Administrative Board shall perform all duties required of it pursuant to Section 963(b) of the General Municipal Law. Section 2. The Commissioner of the New York State Department of Economic Development is hereby requested to revise the boundaries of the Empire Zone in accordance with this Local Law. Section 3. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 4. This local law shall take effect immediately upon filing in the office of the Secretary of State as provided by Section 27 of the Municipal Home Rule Law. IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law that the immediate passage of this Local Law is necessary. EVA M. HASSETT ACTING MAYOR APPROVED AS TO FORM PASSED AYES -12 NOES - 0 NOTE:Matter in brackets to be deleted matter underlined is new. NO. 205 BY:ROSEMARIE LOTEMPIO (NYS EMPIRE ZONE (REVISION TO BOUNDARY DESCRIPTION WHEREAS, Local Law No. 5 (1994), adding section 281 of article 14 of the charter of the City of Buffalo in relation to establishing an economic development zone, was signed by Anthony M. Masiello, Mayor of the City of Buffalo; and WHEREAS, the Local Law was filed with the Secretary of State on February 28, 1994 and then verified by the Mayor on March 2, 1994; and WHEREAS, subpart 2 of aforesaid Local Law defined the boundaries of the area to be designated an Economic Development Zone; and WHEREAS, on July 27, 1994, the City of Buffalo was awarded a New York State Economic Development Zone designation; and WHEREAS, publicly owned facilities located within the zone, such as public parks and public schools, are not eligible to receive the benefits offered by the zone designation; and WHEREAS, Local Law No. 3 (2001) redesignated the economic development zone as an empire zone and amended the boundaries of such zones as permitted by law; and WHEREAS, to take advantage of this year's construction season, it has been proposed to amend the Zone boundaries again to include additional businesses; and WHEREAS, this action will benefit the City and further demonstrate the Council's commitment to economic Page 107 01-0417ss0406.txt development in the City. NOW, THEREFORE, be it resolved: 1.That the City of Buffalo request a boundary revision from the New York State Department of Economic Development to: A.The City would like to add a total of 372 acres of land to the Empire Zone for the attached additions. (See attachment A-completed map of existing zone, attachment B-table of additional parcels). B. The City would like to delete a total of 422 acres of residential neighborhoods, streets, and sidewalks, from the Empire Zone. (Please see attachment C). 2.That, if the boundary revision is approved by the New York State Department of Economic Development, that Article 6, Section 6-14 of the Charter of the City of Buffalo be hereby amended as per the attached. PASSED AYES -12 NOES - 0 NO. 206 BY:ROSEMARIE LOTEMPIO (PUBLIC HEARING NEW YORK STATE EMPIRE ZONE REVISION WHEREAS, New York State requires an authorizing resolution from your Honorable Body prior to submission of any EZ Revisions. WHEREAS, the Boundary Revision will assist those companies who are expanding in Buffalo. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO: 1.That this Common Council will conduct a Public Hearing regarding the New York State Empire Zone Boundary Revision before the Full Council April 17, 2001 at 2:00 p.m. in the Common Council Chambers; and 2.That the City Clerk is hereby directed to publish a notice similar to the attached and marked 'Notice of Hearing' in the Buffalo News and the City Record Per Darryl McPhearson 5 days waived on 4/12/01 ADOPTED NO. 207 BY: MRS. LOTEMPIO OPPOSE CUTS IN HUD FUNDING Whereas: The Buffalo Municipal Housing Authority (BMHA) provides housing for 6,000 low-income people, including many elderly, disabled persons, and children; and Whereas: The Bush Administration has proposed deep cuts in the Housing and Urban Development (HUD) Department budget that will negatively impact the lives of the 6,000 people served by BMHA ; and Whereas: BMHA is currently undertaking major projects at Frederick Douglass Towers and the Lakeview Development; and Whereas: The administration's proposed $700 million cut in the HUD capital budget would eliminate many projects like these that are needed to modernize and update HUD's housing stock; and Whereas: The Public Housing Drug Elimination Program, started under former President George Bush, is an important effort to reduce the influence of crime and drugs in public housing; and Page 108 01-0417ss0406.txt Whereas: The new Bush administration has proposed the elimination of this program; Now, Therefore, Be it Resolved That: This Common Council requests Congress to resist efforts to cut the HUD budget in ways that will negatively impact BMHA's constituency; and Be It Further Resolved That: This Council requests the Secretary of HUD to file a report with the Buffalo City Clerk (1308 City Hall, Buffalo, NY 14202), on the projected impact of the proposed cuts on the BMHA; and Be It Further Resolved That: This Council requests the Executive Director of the BMHA to file a report on the projected impact of the proposed cuts on the BMHA, by Thursday, April 26,2001;and Be It Finally Resolved That: This Council directs the City Clerk to send certified copies of this resolution to the Executive Director of the BMHA, the V~NY Congressional Delegation, the Speaker of the House, the Senate Majority Leader, the Secretary of HUD and President George W. Bush. ADOPT FINAL RESOLVE, THE REMAINDER REFERRDE TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND TO THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 208 BY: MS. MARTINO PAYMENT OF CERTAIN SMALL CLAIMS Whereas, the Common Council, by Item No. 184, C.C.P., June 26, 1979, established a specific procedure for payment of claims of $100.00 or less and Claims under Section 207 (a) and (c) of the General Municipal Law, which pertain to medical bills of Policemen and Firemen in any amount; and Whereas, the Common Council, by Item No. 104, C.C.P., April 29, 1997, established that all garbage can claims arising out of the activities of the Department of Street Sanitation that are related to refuse and recycling be paid out of the Solid Waste & Recycling Enterprise Fund Budget Account only if the claims took place after October 1, 1996; and Whereas, the subject claims are eligible for consideration under the said procedures; and Whereas, the Department of Law has verified the validity of the claims and recommend payment thereof, Now Therefore, Be It Resolved: That the Comptroller be, and hereby is authorized to make payment of the following claims, and that said payment be charged against the "Judgment and Claims Account" in the Department of Law or be charged against the Solid Waste & Recycling Enterprise Fund Budget Account: 1. Adrienne Atkinson, 202 Ora Wrighter Drive, 14204 Claim for loss of garbage cans at 202 Ora Wrighter Drive on 12-5-00.$ 19.96 2.Marian C. Caruso, 66 Croy Avenue, 14215 Claim for loss of garbage can at 66 Croy Avenue on 11 -3 -00.$ 10.00 3.Eagle Point Gun/T I Morris & Son Claim for payment of prior fiscal year Invoice #6953 for services rendered to the Police Department. These charges represent freight charges. The account was insufficient for full payment with Page 109 01-0417ss0406.txt freight charges.$ 25.00 4.Angela Gibson, 90 Dunston, 14207 Claim for loss of four garbage cans at 90 Dunston on 3-22-00.$ 30.00 5.John Giermek, 78 Melrose Street, 14220 Claim for loss of garbage can at 78 Melrose Street on 11-7-99.$ 11.00 6.Theresa M. Janczak, 3 73 Mackinaw Street, 142 10 Claim for loss of garbage can at 373 Mackinaw on 11-6-00.$ 14.00 7.Judith L. Palyszeski, 35 Milford Street, 14220 Claim for loss of garbage can at 35 Milford Street on 12-13-00.$ 12.99 8. Mark E. Schultz, 109 Sidway Street, 14210 Claim for loss of garbage cans at 109 Sidway Street on 11/13/00 $26.00 Investigation by the Department of Law reveals that the above claims are valid and payment is hereby recommended PASSED AYES -12 NOES - 0 NO. 209 BY: MR. PITTS TELECOMMUNICATIONS LICENSE AGREEMENT WITH MCLEODUSA TELECOMMUNICATIONS SERVICES, INC. Whereas:McLeodUSA Telecommunications Services, Inc. ("McLeodUSA") is engaged in the business of constructing, installing, maintaining and operating fiber optic telecommunications systems; and Whereas:McLeodUSA desires to commence construction, installation, and maintenance of their telecommunications system with a proposed route through the City utilizing the Public Right-of-Way; and Whereas:The City desires to allow McLeodUSA to begin construction, installation and maintenance of such Telecommunications System within the Public Right-of-Way subject to an agreement between the City and McLeodUSA; and Whereas:The parties have negotiated an agreement with a five year term and two rive year renewals at a compensation rate of $4.00 per linear foot; and Whereas:This arrangement is mutually agreeable to both parties and promotes the best interests of the City to advance telecommunications within the City; and Whereas:The Office of Telecommunications, Utilities and Franchises and the Law Department have approved the agreement; Now Therefore Be It Resolved: That the Common Council does hereby approve the telecommunications license agreement between the City of Buffalo and McLeodUSA Telecommunications Services, Inc.; and Be It Further Resolved: That the Mayor be and he hereby is authorized to execute the agreement. PASSED AYES -12 NOES - 0 NO. 210 BY: MR. THOMPSON MEMORIALIZE THE BOARD OF EDUCATION AND THE JOINT SCHOOL BOARD TO PRIORITIZE THE HIGH Page 110 01-0417ss0406.txt SCHOOL TO BE LOCATED AT KENSINGTON HEIGHTS Whereas:Buffalo Vocational Technical Center is continually threatened with closure; and Whereas:The City of Buffalo is expected to under go a major school rehabilitation and construction project; and Whereas:The Kensington Heights project has a proposed technical high school on the campus; and Whereas:The new millenium has ushered in numerous job fields requiring technical education backgrounds, thus expanding the need for improved technical education programs as an option for students who choose not to pursue an academic education or career field; and Whereas:A new High School with adequate resources will bolster the technical education program and provide a refreshing commitment to technical education for students, teachers, and residents of the City of Buffalo; Now Therefore Be It Resolved: That the Common Council of the City of Buffalo memorialize the Board of Education and the Joint School Construction Board to prioritize and expedite the construction of the High School to be located at the Kensington Heights site and include the project in phase one of the moderation plan; and Be It Finally Resolved: That the Buffalo Vocational Technical Center remains open at its current location until the new school at Kensington Heights is opened. Antoine Thompson REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION NO. 211 BY: MR. THOMPSON VOTER ELECTION REFORM Whereas:One of the most important rights of citizens of the United States is the right to vote. Since the signing of the Declaration of Independence to the ratification of the U.S. Constitution numerous conversations and controversies 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, the working class, people of color, women, various ethnic and religious groups have experienced continuous challenges in participating in the US. democratic process; and Whereas: The 15 th and 19th Amendments to the United States Constitution made great strides to increase participation for people of color and women, however, it would not be until the passage of the Voting Rights Act of 1964 that significant changes would take place in American society; and Whereas:Since the passage of the Voting Rights of 1964 more women and people of color have been elected to public office. Unfortunately there are not any African-American governors or U.S. Senators currently in office. The 2000 U.S. Presidential Election represents one of the biggest tragedies to American democracy since Jim Crow (legalized segregation and discrimination in America). Many people in African-American, 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 defying people the right when they had a voters card; and Whereas:The challenges of the 2000 U.S. Presidential Page 111 01-0417ss0406.txt Election could potentiallyhappen 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. In 1998, a candidate that lost the position for New York StateAttorney General performed an equally discriminatory practice after the election. The candidate tried to intimidate minority voters through various methods. Every effort must me made to prevent this from happening in the future; 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 Registration for all U.S. Citizens Early Vote Programs in All Communities in New York State Absentee Ballot Voting as an alternative to using voting in person Outdated voting machines and equipment are equally distributed throughout a municipality, county, and/or state Internet Voting does not expand the Digital Divide; and Be It Further Resolved: That this Common Council establish a Special Committee on Elections, as questions arise from time to time, like the change of a particular polling location, the hours of an election, and other concerns. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 212 BY: MS. BARBARA MILLER-WILLIAMS EXTENSION OF 1999-2000 GRANT-IN-AID CONTRACT-ST. ANN'S CENTER Whereas: The City of Buffalo approved a Grant-in-Aid allocation of $20,000.00 to the St. Ann's Center, Inc., for the 1999-2000 Fiscal Year ending June 30, 2000. Whereas: Now, Therefore, Be It Resolved: 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. REFERRED TO THE COMMITTEE ON FINANCE AND THE DIRECTOR OF STRATEGIC PLANNING NO. 213 BY: MS. BARBARA MILLER-WILLIAMS PERMISSION TO HANG "TRINITY WHITE ELEPHANT SALE" BANNER Whereas: The Trinity Episcopal Church is celebrating its Annual "Trinity White Elephant" Sale; and Whereas: Representatives from the Trinity Episcopal Church have requested permission to utilize two street light posts to hang a banner across Delaware Avenue in front of the Trinity Episcopal Church, located at 371 Delaware Avenue from Monday, April 15, 2001 through Monday, May 12, 2001 in celebration of this event; and \ Whereas: The Trinity Episcopal Church representatives are familiar with the banner requirements and will purchase the necessary bond before the banner is installed. Now, Therefore, Be It Resolved: That this Common Council grants permission to the Trinity Episcopal Church to hang a banner celebrating their Annual Trinity White Elephant Sale on Delaware Avenue in front of the Trinity Episcopal Church located at 371 Delaware Avenue from April 15, 2001 through May 12, 2001 providing the banner meets the requirements of all pertinent City Departments and insure that no existing laws or ordinances Page 112 01-0417ss0406.txt are violated. PASSED AYES -12 NOES - 0 NO. 214 BY: MS. MILLER-WILLIAMS REQUEST FOR UPDATE ON FOURTH STREET HAZARDOUS WASTE SITE Whereas: The 4"' Street hazardous waste site is located in a heavily populated and well used area between the Waterfront Elementary School and the Pine Harbor Apartments; and Whereas: Residents are concerned about the toxic effects of chemical contaminants on their health and their children's health and they worry that they may be exposed to the contaminants by contact with soil, groundwater, and possibly indoor air; and This issue has been ongoing and immediate efforts addressing this issue are imperative to alleviate any future health risks to residents and to keep the residents and others informed on the status of the site cleanup program: and Whereas: This issue is urgent and actions should be taken immediately; Now, Therefore Be It Resolved That: The Buffalo Common Council requests the NYS Departments of Health and Environmental Conservation to file an update with the Council, with copies sent to residents near the site, the Buffalo Board of Education, Buffalo School Board, and the principal at Waterfront Elementary School describing actions taken to date and current plans for the site. In addition, information on any new developments concerning this site should be filed with the City Clerk as soon as it becomes available; and Be It Further Resolved That: This Council requests the NYS Departments of Health and Environmental Conservation to file the update by Thursday, April 26, 2001 at 2:00 PM, and to send copies of the update to residents as soon as possible. ADOPTED NO. 215 BY MRS. WILLIAMS FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for KARL SINGLETARY DAY By Councilmember ALL COUNCILMEMBERS Felicitation for BUSINESS AND PROFESSIONAL WOMEN By CouncilmemberALL COUNCILMEMBERS Felicitation for SCHOOL OF ARCHITECTURE AND PLANNING By Councilmember JAMES PITTS Felicitation for COLONEL ROBERT R DYCZKOWSKI By Councilmember JAMES PITTS Felicitation for UNIVERSITY OF BUFFALO EDUCATIONAL OPPORTUNITY By Councilmember JAMES PITTS ADOPTED. NO. 216 BY: BARBARA A. WILLIAMS Page 113 01-0417ss0406.txt APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 20,02 , conditional upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: PAULA PETRELLA ANGELINE C, CANNIZZARO EILEEN SPOONER ADOPTED. NO. 217 BY: BARBARA A. WILLIAMS APPOINTMENTS COMMISSIONERS OF-DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed-as Commissioner of Deeds for the term ending December 31, 2002, Conditional -upon the persons so appointed certifying under oath to their qualifications and filing same with the City ROZANNE WOZNIAK KIMBERLY ROBINSON MARYBETH SALVERSON CHARLES MISSANA DENNIS H. BLOCK DUANE J. BOREK JUDITH M. COHEN PETER J. COOK JANE B. DeVINNEY ROGER A. MaGILL ADA J. MANKE ROSE M. MOONEY E. MARGERY ZECKHAUSER ADOPTED UNFINISHED BUSINESS NO. 218 BOND RESOLUTION-$ 25,000-LIBRARY IMPROVEMENTS (NO. 166, C.C.P. APRIL 3, 2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by. CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by PASSED AYES-l2- NOES- 0. NO. 219 BOND RESOLUTION-$ 200,000 -DELAWARE PARK IMPROVEMENTS (NO.167 C.C.P. APRIL 3, 2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Thompson CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Thompson PASSED AYESJ- 12 NOES- 0 NO. 220 Page 114 01-0417ss0406.txt BOND RESOLUTION- $200,000-IMPR. -CITY PARKS/PLAYGROUNDS (NO. 168, C.C.P. APRIL 3, 2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by PASSED AYES- 12 NOES- 0. NO. 221 BOND RE SOLUTION- $200,00 NIAGARA ST. INFRASTRUCTURE (NO. 141, C.C.P. APRIL 3, 2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Thompson CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Thompson PASSED AYES- 12 NOES- 0 NO. 222 BOND RESOLUTION- $22 5,000-ROOSEVELT PARK REDEVL. (No.170, C.C.P. April 3, 2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Thompson CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Thompson PASSED AYES-12 NOES- 0 NO. 223 BOND RESOLUTION-$230,000-RECONST. OF STREETS (NO.171, C.C.P. APRIL 3, 2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Thompson CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Thompson PASSED AYES-12 NOES- 0 NO. 224 BOND RESOLUTION-$2 5 0,000- CURB REPLACEMENT-ERSKIN AVE. (N O. C. C. P. APRIL 3, 2 001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by. A CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Thompson PASSED AYES-12 NOES- 0 NO. 225 BOND RESOLUTION-$28 5,000- SYMPHONY CIRCLE INFRASTRUCTURE IMPR. (NO. 173 C.C.P. APRIL 3, 2001) Mrs. LoTempio moved that the above item be taken from Page 115 01-0417ss0406.txt the table. Seconded by Mr. Thompson CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Thompson PASSED AYES- 12 NOES- 0 NO. 226 BOND RESOLUTION- $400, 000-INFRASTRUCTURE-ELLICOTT DISTRICT & FRUITBELT (NO. 174 C.C.P. APRIL 3, 2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Thompson CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Thompson PASSED AYES 12- NOES- 0 NO. 227 BOND RESOLUTION- $400,000-RECONST. OF STREETS, SIDEWALKS & CURBS-NORTH DISTRICT (NO. 75-, C.C.P. APRIL 3, 2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Thompson CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Thompson PASSED AYES- 12 NOES- 0 NO. 228 BOND RESOLUTION- $400,000-RECONST. OF STREETS, SIDEWALKS & CURBS NIAGARA DISTRICT (NO 79, C.C.P. APRIL 3, 2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Thompson CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Thompson PASSED AYES- 12 NOES- 0 NO. 229 BOND RESOLUTION-$450,000-MCCARTHY PARK IMPR. (NO.17, C.C.P. APRIL 3, 2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Thompson CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Thompson PASSED AYES- 12 NOES- 0 NO. 230 BOND RESOLUTION-$ 5 00,000-LASALLE PARK IMPR.-PHASE III Page 116 01-0417ss0406.txt (NO. 17K~ C.C.P. APRIL 3, 2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Thompson CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Thompson PASSED AYES- 12 NOES- 0 NO. 231 BOND RESOLUTION-$ 5 50,000- STREET OVERLAY-PARKRIDGE AVE. (NO. 179, C.C.P. APRIL 3, 2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Thompson CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Thompson PASSED AYES - 12 NOES- 0 NO. 232 BOND RESOLUTION-$600,000-S. BUFFALO ROW IMPROVEMENTS (NO. 180, C.C.P. APRIL 3, 2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Thompson CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Thompson PASSED AYES- 12 NOES- 0 NO. 233 BOND RESOLUTION-$600,000-HOPE VI INFRASTRUCTURE IMPROVEMENTS (NO. 18/, C.C.P. APRIL 3, 2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Thompson CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Thompson PASSED AYES- 12 NOES- 0 NO. 234 BOND RESOLUTION-$ 700,000-RECONST. OF STREETS, SIDEWALKS & CURBS (NO.182 C.C.P. APRIL 3, 2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Thompson CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Thompson PASSED AYES-12 NOES- 0 NO. 235 BOND RESOLUTION- $1,900,000-LOVEJ OY DIST. PK. IMPR.-PHASE III Page 117 01-0417ss0406.txt (NO. 183 C.C.P. APRIL 3, 2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Thompson CARRIED Mrs. LoTempio now moved the approval of the above item Seconded by Mr. Thompson PASSED AYES-12 .NOES- 0 NO. 236 BOND RESOLUTION-$2,000,000-CITYWIDE TREE REMOVAL & PLANTING (NO. 184 C.C.P. APRIL 3, 2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Thompson CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Thompson PASSED AYES- 12 NOES- 0 NO. 237 BOND RESOLUTION- $2,000,000-INFRASTRUCTURE IMPROVEMENTS (NO. C.C.P. APRIL 3, 2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Thompson CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Thompson PASSED AYES- 12 NOES- 0 NO. 238 BOND RESOLUTION-$2,000,000-IMPROVEMENTS-CITY PARKS/PLAYGROUNDS (NO.186 C.C.P. APRIL 3, 2001) Mrs. LoTempio moved that the above item be taken from the table. Seconded by Mr. Thompson CARRIED Mrs. LoTempio now moved the approval of the above item. Seconded by Mr. Thompson PASSED AYES- 12 NOES- 0 NO. 239 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Council Chambers, 13 th Floor, City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, April 24, 2001 at 9:30 o'clock A.M. Committee on FinanceTuesday, April 24, 2001 following Civil Service Committee on LegislationTuesday, April 24, 2001 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, April 25, 2001 at 10:00 o'clock A.M. Page 118 01-0417ss0406.txt Committee on EducationWednesday, April 25, 2001 at 2:00 o'clock P.M. Special Committees Special Committee on Budget Wednesday, April 18, 2001 at 11:00 o'clock A.M. in Room 1417 City Hall. Public Hearing-Taxi Cabs/Livery Ad Hoc-Wednesday, April 18, 2001 at 6:00 o'clock P.M. in the Council Chambers-Ord. Amend.-Change Licensing of Taxicabs/Livery Businesses in the City of Buffalo. Police Reorganization-Thursday, April 19, 2001 at 2:00 o'clock P.M. in Room 1417 City Hall. Kensington Heights Redevelopment Committee-Thursday, April 26, 2001 at 2:00 o'clock P.M. in Room 1417 City Hall. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may 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. 240 ADJOURNMENT On a motion by Mrs. LoTempio, Seconded by Ms. Gray, The Council adjourned at 4:32 pm Adjournment CHARLES L. A4ICHAUX, III CITY CLERK COMMON COUNCIL CITY HALL - BUFFALO SPECIAL SESSION FRIDAY, April 27,2001 at 2:30 PM PRESENT : James W. Pitts President of the Council, and Council Members Bonifacio, Coppola, Ellington, Fisher, Fontana, Golombek, Grant, LoTempio, Martino, Thompson and Williams - 12. ABSENT Gray - 1 No. 1 CALL FOR SPECIAL SESSION Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated February 22, 200 1, presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on, April 6, 2001, at 2:30 P.M., for the following purposes: To receive and take appropriate action on items pertaining to: I. Adelphia Operations Center 2. Electric Joint Bidding/Purchasing Agreement TO EACH MEMBER OF THE COMMON COUNCIL: You are hereby notified that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of five Councilmembers, dated April 5, 2001, JAMES W. PITTS, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Common Council Chambers, City Hall, Buffalo, New York, on April 6, 2001 at 2:30 PM for the following purpose: To receive and take appropriate action on Page 119 01-0417ss0406.txt 1. All items pertaining to Adelphia Operations Center 2. Electric Joint Bidding/Purchasing Agreement Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: DOMINIC BONIFACIO MARC COPPOLA KAREN ELLINGTON CHARLEY FISHER III RICHARD FONTANA JOSEPH GOLOMBEK BETTY JEAN GRANT BEVERLY GRAY ROSEMARIE LOTEMPIO MARY MARTINO ANTOINE THOMPSON BARBARA MILLER-WILLIAMS hereby states that he/she received twenty-four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on April 6th, 2001 at 2:30 P M On this 5th day of April 2001, before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All items pertaining to 1. Adelphia Operations Center 2.Electric Joint Bidding/Purchasing Agreement We request that this Special Meeting be held on April 6, 2001 at 2:30 P.M. RECEIVED AND FILED NO. 2 Discharge Aud./Stadium Task Force "Adelphia Operations Center (#58 C.C.P. Feb. 20, 2001)" Whereas: The above item is currently in the Aud./Stadium Task Force; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Aud./Stadium Task Force from further consideration of Item 58, C.C.P. February 20, 2001, "Adelphia Operations Center" and said item is now before the Common Council for its consideration. Seconded by: Mr. Fisher ADOPTED NO. 3 "Adelphia Operations Center" #58, C.C.P. Feb. 20,2001 Attached is an updated copy of the Memorandum of Understanding (MOU) is to be considered at today's Special Common Council Meeting. Please take the time to review the MOU and the changes and clarifications were added and bring the item with you to the meeting. Page 120 01-0417ss0406.txt Mrs. LoTempio Moved: That the above communication from Majority Leader Rosemarie LoTempio, be received and filed; and That the Mayor and the Commissioner of Public Works, Parks and Streets, be, and they hereby are authorized to enter into an Electric Joint Purchasing Agreement between the County of Erie, the Amherst Utility Cooperative, the County of Niagara, the Schools and Municipalities Energy Cooperative and the City of Buffalo; and That in the event any additional administrative costs are generated that are not specifically addressed by this agreement, such costs must be approved by the Common Council; and That the Department of Public Works, Parks and Streets be requested to file reports with the Council on the costs of purchasing electricity by virtue of this contract on a regular basis. Passed AYES - 12 - NOES - 0 No. 4 RESOLUTION By: Mr. Coppola Re: Discharge the Special Committee on Energy - Item 88 - CCP - April 3, 2001 - "R. LoTempio-Electric joint Bidding/Purchasing Agreement" Whereas: Item 88 - CCP - April 3, 2001 - "R. LoTempio-electric Joint Bidding/Purchasing Agreement" is presently before the Special Committee on Energy; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore, Be It Resolved That: This Common Council does hereby discharge the Special Committee on Energy from further consideration of Item 88 - CCP - April 3, 2001 - "R. LoTempio-Electric Joint Bidding/Purchasing Agreement", and said item is now before the Council. Seconded by: Mr. Fontana ADOPTED ELECTRIC JOINT BIDDING/PURCHASINO AGREEMENT Pursuant to Article 5-G of the General Municipal Law Made this eighth day of March 2001 by and between the County of Erie, the lead agency and a municipal corporation of the State of New York, having its principal place of business at 95 Franklin Street in the City of Buffalo, New York 14202, (hereinafter called the "County"); and The Amherst Utility Cooperative, having its principal place of business at 1100 North Forest Road, Williamsville, NY 14221; and The City of Buffalo, having its principal place of business at 65 Niagara Square, Buffalo, NY 14202; and The County of Niagara, having its principal place of business at 59 Park Avenue, Lockport, NY 14094; and The School and Municipal Energy Cooperative of Western New York, having its principal place of business at 355 Harlem Road, West Seneca, NY 14224; all municipal corporations or cooperatives of municipal corporations of the State of New York (hereinafter called the "Municipalities"). WITNESSETH WHEREAS, both the County and the Municipalities can enter into cooperative agreements pursuant to Article 5-G of Page 121 01-0417ss0406.txt the general Municipal Law; and WHEREAS, both the County and the Municipalities wish to secure lower prices for electricity through joint bidding/purchases in the open market; and WHEREAS, the New York State Public Service Commission, through orders issued in Case 94-E-0952, established competitive opportunities in the electricity market; and WHEREAS, the County and Municipalities each have established aggregation services individually; and WHEREAS, it is expected that bidding/purchase of electricity by the County and the Municipalities jointly will result in prices lower than would otherwise be available to either party; and WHEREAS, Article 5-G of the General Municipal Law authorizes municipal corporations to contract to perform together that which each municipal corporation is authorized to perform individually; and WHEREAS, both the County and the Municipalities are empowered to purchase electricity by open public bid for their respective needs; and WHEREAS, the governing bodies of the County and of the Municipalities have authorized a joint municipal contract for the purpose of joint purchase of electricity for their respective purposes; and WHEREAS, definitions of terms contained herein are provided in Schedule B: NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1, The County shall let and award a Purchase of Electricity Contract or a Contract for Differences for a period of not more than one (1) year for public facilities of the County and the Municipalities, which facilities are located within the service areas of New York State Electric & Gas and Niagara Mohawk Power Corporation (hereinafter called the "Utility"). The County, as part of this Agreement, will neither receive financial benefit nor bear any risk of financial loss from the transactions that it oversees, including, preparation of bid documents and the awarding of any bid under this Agreement. Although the County is the party responsible for letting all bids for electricity, the parties agree the County does not take title to nor bear the risk of loss for any of the municipalities' electricity under this Agreement and that all parties to the Agreement are solely responsible for all applicable taxes imposed by law. The County and Municipalities shall agree unanimously as to the successful bidder, and consequently, the type of contract (Purchase of Electricity Contract or Contract for Differences) in order for the County to award the contract. 2. The County shall make such a contract(s) by competitive bid consistent with Erie County Charter and Erie County Administrative Code and rules governing purchases made by the County. 3. All subsequent requests for bids shall be upon sixty (60) days written notice to each municipality and shall require each participating municipality to submit its required electricity contract quantity to be included in the respective bid. The Municipalities shall deliver said estimate of electricity contract quantity to the County no later than thirty (30) days prior to the date specified for advertisement for bids. Should a Purchase of Electricity Contract be awarded, the contract quantity shall be the amount of electricity supplied to the Municipalities on a twenty-four hour basis throughout the term of the contract. Should a Contract for Page 122 01-0417ss0406.txt Differences be awarded, the contract quantity shall be the amount of electricity to be utilized in settlement calculations. 4. The County shall include the Municipalities' estimate of annual electricity needs for the period of the bid in its advertisement for bids, and in its awarded contract(s). 5. Should a Purchase of Electricity Contract be awarded, each Municipality's electricity requirements shall be delivered by the successful bidder to the Utility serving each Municipality's facilities. Should a Contract for Differences be awarded, the Municipalities' electricity requirements shall be delivered by New York Independent System Operators to the Utility serving the Municipalities' facilities. 6. Should a Purchase of Electricity Contract be awarded, the County will bill the Municipalities for electricity supply. The County will bill the Municipalities on a monthly basis, and the Municipalities agree to pay the County on a monthly basis, for the cost of electricity. By entering this Agreement, each Municipality acknowledges that it shall continue to be responsible to the Utility for all services provided to such Municipality. Should a Contract for Differences be awarded, it will remain the responsibility of each Municipality to procure their own respective electricity supply. 7. It will further remain the responsibility of each Municipality to arrange for the forecasting, scheduling, and transmission of their own respective electricity supply. 8. The County and Municipalities will contract separately, by request for proposal, with a technical services provider to manage the apportionment of electricity costs to each participating municipality. The respective cost of such contractual services shall be paid individually by each of the County or Municipalities, as applicable. 9. Should a Purchase of Electricity Contract be awarded, once each month, the County, through its Department of Public Works, will bill the Municipalities, and each Municipality will pay the County, for its proportionate share of electricity delivered to each Municipality's facilities through the Utility's transmission and delivery system based on the contract quantity for each Municipality. Should a Contract for Differences be awarded, monthly settlements will be distributed amongst the County and Municipalities based on the contract quantity for each Municipality. 10. Should a Purchase of Electricity Contract be awarded, the Municipalities agree to pay the County within thirty (30) days of the issue date of the monthly bill. The County shall be entitled to charge, and each Rev 4/2/01 Municipality shall pay, a late payment charge of 1.5% of such Municipality's outstanding balance for each month or part thereof during which such Municipality's payment is in arrears. Should a Contract for Differences be awarded, the Municipalities agree to pay the County within thirty (30) days of the issue date of the monthly bill. The County shall be entitled to charge, and each Municipality shall pay, a late payment charge of 1.5% of such Municipality's outstanding balance for each month or part thereof during which such Municipality's payment is in arrears. If a reimbursement is received by the County under a Contract for Differences, the County agrees to reimburse each Municipality the proportionate share within thirty (30) days of the County's receipt of the reimbursement. The County shall pay a late payment charge of 1.5% of such outstanding balance for each month or part thereof during which the County's payment is in arrears. Page 123 01-0417ss0406.txt 11. Any party may terminate this agreement upon sixty (60) days 'written notice to the other, except that notice of termination and termination will not relieve any party of its obligation to purchase, deliver or receive electricity contracted under any current contract(s) awarded pursuant to an authorized and accepted bid Any of the Municipalities may terminate this agreement by responding to a notice under paragraph 3 of this Agreement from the County, requesting such Municipality's contract quantity, by stating, at least thirty (30) days prior to the County's advertisement for bids for electricity, that such Municipality's electricity needs are "zero" (0). 12. The Municipalities agree to purchase their respective electricity contract quantity included in any purchase of electricity contract for which they are a party, awarded by the County, subject to and reserving all rights contained in PSC Tariff Number 115 for New York State Electric and Gas and PSC Tariff Number 207 and 214 for Niagara Mohawk. In the event that a contracted supplier fails to deliver any supplies under its contract, through no fault of the County, the County shall not be liable to the Municipalities in any fashion. In the event that a supplier-delivers less than the full amount of electricity necessary to fulfill the requirements awarded under such contract(s), through no fault of the County, the County shall not be held in any manner liable to the Municipalities, but shall cause each Municipality's proportional share of electricity to be delivered to the Municipalities from the amount of electricity delivered by such contractor. 13. In the event that one or more of the Municipalities shall be thirty or more days' delinquent in payment, the County may, upon thirty (30) additional days' written notice to the Municipality and the Utility, terminate this agreement. Any termination by the County does not relieve any Municipality from liability for, or obligations, if any, relating to the balance of the contract term. 14. The Erie County Energy Supply Disclosure Statement is attached hereto. Should a Purchase of Electricity Contract be awarded, it is incorporated herein as if fully set forth in the place as Schedule "A". The terms of Schedule A are supplemental to the agreement set out herein. Wherever the terms of Schedule A are found to be contrary to or inconsistent with the terms of this Agreement, the terms of this Agreement will be deemed to prevail. Should a Contract for Differences be awarded, the Energy Supply Disclosure Statement shall not apply. 15. This contract shall be executory only to the extent that funds are appropriated to and made available for the purposes hereof, and neither the County nor the Municipalities shall be made liable beyond such sums as are so appropriated and made available. 16. This contract may not be assigned in whole or in part by the County or the Municipalities. 17. This agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which counterparts taken together shall constitute one and the same instrument. 18. All required notices under this contract shall be directed as follows: To the COUNTY: Commissioner Page 124 01-0417ss0406.txt Erie County Department of Public Works 95 Franklin Street Buffalo, New York 14202 APPROVED AS TO FORM ENERGY SUPPLY DISCLOSURE STATEMENT This disclosure statement contains important information you need to know before you commit to electricity supply. The County of Erie, through its Department of Public Works, provides energy supplies and procurement services to county and other municipal energy end user accounts. The County's purpose is to provide these users the lowest cost alternative for reliable supplies of electricity. This is accomplished by jointly purchasing wholesale energy supplies and services and then desegregating those supplies and services to participating municipal accounts in a not-for-profit fashion. The County welcomes new local government accounts upon approval by the Erie County Legislature. The County of Erie will provide electricity energy procurement services to local government facilities on an annual basis. The agreement may be terminated by notifying the County of cancellation thirty (30) days prior to the end of the term of the current contract or by designating your contract quantity as "zero". Energy supplies will be provided to your facilities through the local utility's wires. A local government is a county, town, city, village, school district, board of cooperative educational services, or town or county water or sewer district within the State of New York. SERVICE ARRANGEMENTS Electricity Electricity supply will be provided to your facilities on a cost per Kilowatt-hour (Kwh) basis, This price shall be: (a) the County's average commodity price for a given contract(s). All applicable adjustments will also be included. The local electric utility will provide transmission and distribution of that electricity at rates approved by the New York State Public Service Commission. The local electrical utility is also required by law to serve as provider of last resort for electricity supply. POLICIES The County of Erie's offices are located at 95 Franklin Street in the City of Buffalo, New York, 14202, and are open between the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of legal holidays. Offices are open between the hours of 9:00 a.m. and 4:30 p.m. during the months of July and August. The County's contractual procurement services administrator may be contacted by telephone at (716) 842-1710. Telephone service hours are 9:00 a.m. through 5:00 p.m. Monday through Friday. Bill Payment For electricity: The County of Erie will bill directly for electricity supply and the local electric utility will bill directly for its delivery services. County of Erie bills will be rendered monthly and the local electric utility's bills will be rendered per their normal practice. Amendment of Agreement or Change of Providers If you which to terminate this agreement with the County of Erie and change energy providers, you must notify the County in writing at least thirty (30) days before the expiration date of the supply contract. The County will notify your local utility of your change of energy supplier. Any such change of energy supplier Page 125 01-0417ss0406.txt must take place at a scheduled meter reading date; otherwise, there will be a meter reading charge as determined by your local utility. If the County should terminate this agreement, your electricity supply will be provided automatically by your local utility under its standard tariff unless, or until you choose another supplier. Electricity may be shut off by your local utility only under procedures approved by the Public Service Commission. Third Party Notification You may direct that your bills be sent to a third party. Department of Public Service Complaint Number The New York State Department of Public Service monitors complaints against energy service providers. An excessive number of complaints may result in an energy supply company no longer being allowed to supply energy. The Department of Public Service telephone number is 1-888- 697-7728. You may write to the Department of Public Service at: Consumer Services Division 3rd Floor, Three Empire State Plaza Albany, New York 12223-1350 Or by e-mail at: http//www.dps.state.ny.us Complaint and Dispute Resolution If you have any complaints regarding your electricity supply or your monthly bill, please contact the Erie County Department of Public Works at (716) 858-8436. Until any dispute is resolved, you are obligated to pay any disputed invoice in full, with the exception of obvious errors. Amendment, Cancellation or Expiration of Agreement The County of Erie's agreement with its participants may be amended from time to time upon the approval of the Erie County Legislature and the governing body of the participating municipality. The County of Erie may terminate your contract upon thirty (30) days' written notice only for failure to pay as set out under the caption "Allocation of Partial Payments", below. Any termination by the County does not relieve the Municipality from liability for or obligations, if any, relating to the balance of the contract term. Upon termination or cancellation of the Agreement, you may choose another provider of energy or have your local utility provide energy to you. The County of Erie will give you and your local utility a minimum of thirty (30) days' written notice prior to any termination of electricity service. Allocation of Partial Payments If you do not pay your monthly bill in full, the County of Erie will credit the amount received to your outstanding balance. Delinquencies of thirty (30) days or more may be cause for the County of Erie to terminate the Agreement upon thirty (30) days written notice. The County of Erie will charge a late payment penalty of 1.5% of the outstanding balance for each month that your account is in arrears. Cancellation or termination of the Agreement shall not relieve you of your obligation to pay for energy supplies and services provided under the Agreement. Cancellation or termination may not relieve you of obligations to purchase or pay electricity purchased on your behalf by the County of Erie pursuant to annual contract quantities. By signing the contract the municipality waives any right to notice of claim for failure to pay under the contract. Historic Billing Information Page 126 01-0417ss0406.txt Erie County will generally consider the billing information of a local government to be public information held by the County in the ordinary course of business and subject to public disclosure under the New York State Freedom of Information Law. The only exception shall be billing information concerning individual households receiving electricity through a county department of social services. Such residential billing records shall be deemed confidential and available only to the contracting social services client or social services district, but not subject to public disclosure. Calls for Service Problems If you become aware of a electricity emergency condition or experience an unanticipated loss of electricity service, you should contact your utility at: National Fuel Gas Corporation 1-800-444-3130 New York State Electric & Gas 1-800-572-1131 Niagara Mohawk Power Corporation 1-800-867-5222 CUSTOMER'S RIGHTS AND OBLIGATIONS ELECTRIC JOINT BIDDINGIPURCHASING AGREEMENT SCHEDULE B - DEFINITIONS CONTRACT QUANTITY - The around the clock, all hours supply of electricity designated by each of the Municipalities. CONTRACT FOR DIFFERENCES (CFD) - A financial instrument that provides a hedge against locational-based marginal price (LBMP) volatility at a specific location. CONTRACT SUPPLIE - Successful bidder(s) to whom a contract award has been made by the COUNTY for a CFD or PURCHASE OF ELECTRICITY. PURCHASE OF ELECTRICITY - A contract between the successful bidder(s) and the COUNTY and any participating municipality or municipal cooperative for a physical supply of electricity. TECHNICAL SERVICES PROVIDER - The entity officially designated by each of the Municipalities to manage its electricity supplies and provide settlement information should a CFD be executed by the COUNTY. No. 5 Adjournment At 3:15 P.M., Mrs. LoTempio moved to Adjoum. Seconded by Mr. Fontana ADOPTED. Page 127